Terms and Conditions
PromptTech Middle East Software House LLC and its associates, companies’, affiliates, Subsidiaries Collectively called as PromptTech or Company in this proposal declares that it is not liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits and reputational loss, for loss of data or any other related information) in terms of applicability of this proposal. It’s users’ responsibility to use the content, developed software and other related information accordingly. Any loss of data or damage of backup/ non-retrieval of data is sole responsibility of the client. PromptTech is not responsible for any such data related losses and shall not entertain any liability arising out of it. –
ii. TERMS & CONDITIONS
- AMENDEMENTS OR MODIFICATIONS
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
- 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.
- No third- party representations are allowed through the terms of this agreement. Breach of this clause will lead to non- consideration and termination of proposal by PromptTech.
3. CONFIDENTIALILITY & LIABILITIES CLAUSE
- 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.
- The parties shall maintain the secrecy of documents, work, deliverables and the said agreement shall continue even after the termination of the proposal or once the said project is completed.
- It shall be the responsibility of 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.
- 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.
- 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.
- 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.
- (PromptTech undertakes that the entire project and feedback or suggestions made by client and its source code (herein referred in relation with 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.
- PromptTech undertakes no liability for the contents, artwork, creative work, pictures or data, contents related to it to publish in client’s social media or any such content accountability. It is the responsibility of client to approve, 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.
- The company shall not be liable for any non- compliances neither shall be in capacity to indemnify for any related loses. The client hereby undertakes the responsibility for accounting all necessary statutory approvals from local government bodies or any agencies to perform such services. The company holds no such accountability in any manner.
- The model, content, place, venues in cases or projects of social media marketing or any other related requirements pertaining to digital marketing requisites are responsibility of client respectively. The client shall get clearances, 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
- There can be advance payment plans based on case-to-case basis any delay in payments will lead to penalty charges and additional costs.
- 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 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 case-to-case basis timely.
- Any failure in payment as per payment terms of this proposal will automatically cancel your subscription, project, terms of project or any related part of service by the company.
- Prompttech (company) undertakes fifteen days 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 policy.
Please note: free trial period and refunds in that relation will not be applicable for customized development or any projects of same nature.
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:
- The Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Provided, case to case basis proposals is subject to certain warranties by the manufacturers and PromptTech shall not warranty unreasonably it is subjected to the parties’ arrangements.
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.
- Fifteen days trail period is applicable for all software solutions , customers can claim for refund within 15 days if they are not satisfied
- In case of manual labor involved works we may deduct the labor cost while process the refund
- 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.
- The termination of the proposals is subject to have all rights reserved with PromptTech collectively. If in case of premature termination, inform in prior. Additionally, PromptTech collectively shall not return prorated payments or halt the ongoing services and client shall be accountable for the payments till the end of such month of termination.
- In cases of customized solutions, after proposal accepts upon request of clients the company will be submitting the functional requirement document (FRD). Major changes in the FRD document may attract additional costs as it is part of functional components of 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 the parties.
- The usage and license of software solutions shall be governed as per End-user agreement. For more details visit www.prompttechsolutions.com
- Validity of Proposal is 60 days from the date of proposal only
- PromptTech undertakes that in case of project customization the company shall handle the program related issues, bug fixing, error or any issue in 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.
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 breach on 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 case-to-case basis and may be subjected to the place of transactions and sales territories accordingly as deem fit.