i. DECLARATION

PromptTech Middle East Software House LLC and its associates, companies, affiliates, subsidiaries—collectively referred to as PromptTech or the Company in this proposal—declare that they are not liable for any special, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, reputational loss, loss of data, or any other related information, in terms of the applicability of this proposal.

ii. TERMS & CONDITIONS

1.AMENDMENTS OR MODIFICATIONS

1. Any or all modifications or alterations must be communicated among the parties to undertake action on the requisite proposals. PromptTech collectively shall hold the rights of modifications for the proposal     
   Please note the client is responsible for all the information shared to us. Any changes post-delivery of the project and or proposals shall be deemed to be final and such changes would not be entertained on last minute basis.

2. PARTY REPRESENTATION

1. There must be a mandatory nomination of a person from the Client Company He shall be a sole responsible person and in-charge for or throughout the project completion.
2. No third-party representations are allowed through the terms of this agreement. Breach of this clause will lead to non-consideration and termination of the proposal by PromptTech.

3. CONFIDENTIALITY & LIABILITIES CLAUSE

1. It is expected that the client keeps the information-related data, periodical data, and or other confidential safeguarded along with the backups. PromptTech shall not be responsible for any loss and therefore will not be liable in any such events.
2. The parties shall maintain the secrecy of documents, work, and deliverables, and the said agreement shall continue even after the termination of the proposal or once the said project is completed.
3. It shall be the responsibility of the client to determine and declare that the information given for deliverables to the company is their responsibility and any lack of information and miscommunication or loss of information in the event or any losses or delay will make the client solely responsible.
4. PromptTech shall not be liable for any damages, including but not limited to, the following: computer-related problems as a result of any viruses, worms, Trojan horses, etc., and any other items that may cause destruction to computer hardware, lost data, lost revenue, business interruption, and lost profits.
5. PromptTech collectively shall not be liable for any contingencies due to the client’s negligence and non-suitability or support of the respective system wares.
6. The client shall undertake that it is his responsibility to check or verify before purchase and to determine that the software applications or any other services offered by PromptTech collectively are suitable for their business needs and operationally compatible for usage. PromptTech collectively shall not be liable for any contingencies due to the client’s negligence and non-suitability.
7.  (PromptTech undertakes that the entire project and feedback or suggestions made by the client and its source code (herein referred to in relation to software development or system development) will be its reserved right of ownership (exclusively non-transferable) solely. Furthermore, there shall be no transferability of the source code to the client or any of the third-party respectively.
8. PromptTech undertakes no liability for the contents, artwork, creative work, pictures or data, contents related to it to publish in the client’s social media, or any such content accountability. It is the responsibility of the client to approve and verify duly the content before it is published on the social media pages. PromptTech holds no such responsibility and we shall not be liable for any breach of IP rights or otherwise legally.
9. The company shall not be liable for any non-compliance nor shall be in the capacity to indemnify for any related losses. The client hereby undertakes the responsibility for accounting for all necessary statutory approvals from local government bodies or any agencies to perform such services. The company holds no such accountability in any manner.
10.  The model, content, place, and venues in cases or projects of social media marketing or any other related requirements pertaining to digital marketing requisites are the responsibility of the client respectively. The client shall get clearances, and statutory approvals timely. PromptTech collectively shall not be liable for such lapses, renewals, and clearances.

4. PAYMENT CLAUSE

Payment terms and prices are subject to change based on the modifications and alteration

1. There can be advance payment plans based on a case-to-case basis any delay in payments will lead to penalty charges and additional costs.
2. The PSS shall be applicable for software applications as a software support to the client and is subject to renewals after every 12 months at additional costs(Subjected to inflation charges, please refer to our subscription charges and updates at www.prompttechsolution.com).PromptTech reserve all rights to increase the charges or PSS charges with prior 30 days intimation on a case-to-case basis timely.
3. Any failure in payment as per payment terms of this proposal will automatically cancel your subscription, project, terms of the project, or any related part of the service by the company.
4. PromptTech (company) undertakes a fifteen-day trial period policy wherein it is applicable for all the software solutions, customer claims, and related refunds for the respective services duly. Further, labor cost deductions, strict payment, refunds, and cancellations shall be as per company payment terms and other related policies.

Please note: free trial period and refunds in that relation will not be applicable for customized development or any projects of the same nature.

5. WARRANTIES

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PromptTech expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to:

1. The Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
2. Warranties that may arise out of the course of dealing, course of performance, usage, or trade practice.
3. Provided, case-to-case basis proposals are subject to certain warranties by the manufacturers and PromptTech shall not warranty unreasonably it is subjected to the parties’ arrangements.
4. PromptTech provides no warranty or undertaking, and makes no representation of any kind that the Application or service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PromptTech nor any of PromptTech providers shall make any representation or warranty of any kind, express or implied:

• • As to the operation or availability of the Application, or the information, content, and materials or products included thereon;
  • That the Application will be uninterrupted or error-free;
  • As to the accuracy, reliability, or currency of any information or content provided through the Application; or that the Application, its servers, the content, or emails sent from or on behalf of PromptTech free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

6. REFUND,CANCELLATION AND TERMINATION.

1. A fifteen days trial period is applicable for all software solutions , customers can claim for refund within 15 days if they are not satisfied
2. In case of manual labor involved works, we may deduct the labor cost while process the refund
3. The refund of the amount is strictly based on the terms of payment and services opted by the client. There shall be no refund of the amount, post-delivery or during the final stage of the application run or installations, and such queries and requests will not be entertained by PromptTech collectively.
4. The termination of the proposals is subject to having all rights reserved with PromptTech collectively. If in case of premature termination, inform in advance. Additionally, PromptTech collectively shall not return prorated payments or halt the ongoing services and the client shall be accountable for the payments till the end of such month of termination.
5. PromptTech does not accommodate cancellations initiated by clients after the start of a project. In such instances, PromptTech reserves the right to claim the full project fee.

7. MISCELLANEOUS

• The delivery of the project in the proposal will be handled by PromptTech Global Pvt Ltd or to complete the project we may fully or partially outsource the project to third-party companies or agents. In addition, this clause shall stand in conformity with terms of privacy policy of the company wherever applicable.
• In cases of customized solutions, after the proposal is accepted upon request of clients the company will submit the functional requirement document (FRD). Major changes in the FRD document may attract additional costs as it is part of the functional components of the project
• The cloud implementation services or any subscription charges are subject to changes exclusively at the discretion of PromptTech collectively.
• PromptTech declares that through the terms of this agreement, the company may use the clients’ name, logo, or other brand identification for the marketing and business commitments and may refer the client names to third parties.
• In the event of voluntary cancellation and or termination of the contract or proposal, the client shall intimate PromptTech collectively prior to the 30 days, by a written consent signed and acknowledged by both parties.
• The usage and license of software solutions shall be governed as per End-user agreement. For more details visit www.prompttechsolutions.com
• The validity of the Proposal is 60 days from the date of the proposal only
• PromptTech undertakes that in case of project customization the company shall handle the program-related issues, bug fixing, errors, or any issue in the system with 3 months of support, to undertake smooth- interface usage and getting acquainted with system compatibility. There shall be no liability of PromptTech collectively, for client’s system ware errors. For additional system support, there shall be additional costs accordingly
• PromptTech collectively, shall not be liable for any damages whatsoever for any delays or errors in providing services to Clients. Any and all claims in these respects are expressly waived by Client and any monetary damage shall be limited to the total amount of payment made to PromptTech collectively for the services complained of and vis-à-vis is applicable to PromptTech Collectively.
• The customer agrees to respond within 24 hours from the requested date. Any delay in response will be considered as confirmation of the customer’s acceptance.
• PromptTech assigns appropriate team members to each project or service. However, in the event of communication delays from the client’s side, PromptTech may experience corresponding delays in completing the project. PromptTech shall not be held responsible for such delays.
• PromptTech shall afford customers exclusive access to the project solely through the PromptTech Connect App, accessible on both the App Store and Play Store.
• All official communications between customers and PromptTech must be conducted exclusively through the Connect App. No other modes of communication, including but not limited to WhatsApp, text messages, or email, shall be entertained by PromptTech unless expressly communicated otherwise due to technical issues.
• PromptTech undertakes the obligation to promptly inform customers in the event of any necessary modifications to the prescribed methods of communication.
• The customer acknowledges that only one designated person from their end will be responsible for coordinating with PromptTech. Communications and suggestions from multiple individuals will not be accepted.

8. IP RIGHTS AND JURISDICTION

• The client is answerable and responsible and we shall not be liable for any breach of IP rights or otherwise legally.
• PromptTech collectively declares that in the event of a breach of IP rights or any loss of repute to the company (herein, PromptTech collectively) the client shall be legally binding for the legal proceedings thereof.
• The jurisdiction clause shall be governed and interpreted by the competent courts of UAE, Emirates of Dubai, and Jurisdiction of India on a case-to-case basis and may be subjected to the place of transactions and sales territories accordingly as deemed fit.