TERMS AND SERVICES

1. DEFINITIONS

The following terms shall have the meanings assigned to them unless otherwise stated:

  • Charges: All fees invoiced by EncureIT in consideration for the Services.

  • Applicable Laws: Any laws, rules, regulations, guidelines, or policies applicable to the agreement.

  • Content: Any material sent by the Client through EncureIT’s platforms and services, including but not limited to SMS and WhatsApp messages.

  • Client: The legal entity entering into this agreement with EncureIT.

  • Subcontractors: Third-party contractors, vendors, or consultants engaged by the Client.

  • Party/Parties: Refers individually to the Client or EncureIT and collectively to both.

  • End User: Any third party receiving content from the Client.

  • Intellectual Property Rights: Includes patents, trademarks, copyrights, and other proprietary rights.

  • Code of Practice: All applicable industry standards and regulations.

2. SERVICES PROVIDED BY ENCUREIT

  • EncureIT shall provide software development, IT consulting, enterprise solutions, and messaging services, including SMS and WhatsApp messaging solutions.

  • EncureIT shall maintain adequate technical infrastructure to support the agreed services.

3. CLIENT OBLIGATIONS

  • The Client shall provide accurate and up-to-date information.

  • The Client shall obtain all necessary approvals and consents for EncureIT to provide the services.

  • The Client shall ensure data security and prevent the transmission of malicious code.

  • The Client shall be responsible for its own content and its compliance with applicable laws.

  • The Client shall not use EncureIT’s services for unlawful activities.

  • The Client agrees to ensure compliance with applicable messaging regulations for SMS and WhatsApp communications.

4. TECHNICAL SUPPORT TERMS

  • EncureIT may provide an administrative control panel for the Client to monitor its usage.

  • Technical support is available for platforms developed by EncureIT.

  • EncureIT shall offer 24/7 technical support based on the agreed service terms.

5. MODIFICATION OF AGREEMENT & SERVICES

  • EncureIT reserves the right to modify or discontinue services with a 30-day prior notice.

  • Pricing modifications shall be communicated with at least 7 days’ notice.

6. DURATION AND TERMINATION

  • Either Party may terminate this agreement with 30 days’ prior written notice in case of a material breach.

  • EncureIT reserves the right to terminate services without notice in case of non-payment or regulatory non-compliance.

  • Upon termination, the Client shall clear outstanding dues and cease use of EncureIT’s services.

7. DISCLAIMER OF WARRANTIES

  • EncureIT provides its services on an “as-is” and “as-available” basis.

  • EncureIT does not guarantee uninterrupted or error-free service performance.

  • EncureIT shall not be liable for failures due to external factors like network issues or regulatory changes.

8. INTELLECTUAL PROPERTY

  • All rights, titles, and interests in EncureIT’s proprietary technology and intellectual property remain with EncureIT.

  • The Client shall not copy, modify, or distribute EncureIT’s intellectual property without prior consent.

9. LIABILITY

  • EncureIT shall not be liable for indirect, incidental, or consequential damages.

  • The maximum liability of EncureIT under this agreement shall not exceed the total fees paid by the Client in the last 12 months.

10. CONFIDENTIALITY

  • Both parties shall maintain confidentiality of sensitive business information.

  • Confidentiality obligations shall survive termination of the agreement.

11. FORCE MAJEURE

  • Neither party shall be held liable for delays or failures due to unforeseen circumstances beyond their control.

12. INDEMNITY

  • The Client shall indemnify EncureIT against any third-party claims arising due to the Client’s actions or breach of contract.

13. RELATIONSHIP BETWEEN PARTIES

  • This agreement does not constitute a partnership, joint venture, or employer-employee relationship.

14. TERM AND TERMINATION

  • This agreement shall remain valid unless terminated in accordance with the terms stated herein.

  • Either party may terminate by providing a one-month prior notice.

15. GOVERNING LAW AND DISPUTE RESOLUTION

  • This agreement shall be governed by Indian law.

  • Any disputes shall be resolved through arbitration in Pune, India, under the Arbitration and Conciliation Act, 1996.

16. NOTICES

All notices shall be sent to the registered address or email of the respective parties.

17. CONTACT

For any queries related to this agreement, the Client may contact EncureIT Systems Private Limited.

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