Terms and Conditions

The following terms and conditions will be deemed to have been accepted by the user on usage of the www.eValai.com and all related sites. You are requested to read them carefully before using our products or services. The term User shall refer to the user who is browsing the Site. The term ‘We’, ‘Company’ or ‘eValai’ shall refer to The eValai Infotech Solutions and/or its affiliates/subsidiary companies. The term ‘Site’ refers to www.eValai.com and other software, online applications, websites or other services, owned and monitored by The eValai Infotech Solutions. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site and its related s facilitated to provide product / services. eValai may revise the Terms of Use at any time without prior or later notice to you. You are expected to review this page in order to get updated about any changes in the terms of use. Areas of the Site or the related s may have different terms of use posted. If there is a conflict between this Terms of Use and terms of use posted for a specific area of the Site / s, the latter shall have precedence with respect to your use of that area of the Site.

Ownership

All contents of this are under Copyrights of eValai InfoTech . All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this and all names, terms, logos, slogans, images and other indicia identifying eValai InfoTech's products or services are proprietary marks belonging to eValai InfoTech. The names of companies not owned by eValai InfoTech and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to eValai InfoTech, without the express written permission of eValai InfoTech. is strictly prohibited.

Support & Training

The form of customer support is either via our expert tele-support team or via our experienced online support wing. The physical presence of a representative at the customer premises will be only possible in case of emergencies and at the sole decision of eValai management. eValai might not train the students directly but provide the teachers with adequate knowledge enough to train the students effectively on how to use our applications.

Representation or Warranties

The services provided on our websites, the content, information, documents, graphics and images published are reserved and Copyright of eValai InfoTech. The right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently, to the extent permitted by law, the services and information on this are provided "as is," and without warranty, and all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby disclaimed, or you hereby waive all such warranties. eValai does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements or products made available on the Site or any other related product / service s.

User Warnings / User Conduct

    You agree not to:
  1. Violate any applicable law, regulation or rule;
  2. Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
  3. Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
  4. Provide false information on your registration form or impersonate another person at any point;
  5. Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
  6. Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your subscription / registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts/subscriptions or for loss of e-mails, communications, postings, data or information of any kind as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message, Photos, videos or in any other open services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and our valuable customers.

Links & Third-Party Websites

This may contain links to other s which are independent of this . We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked s, and any link to another shall not in any manner be construed as an endorsement by us of that , or of the products or services described therein. Though, we shall make a conscious attempt to make sure that there are no external s / advertisements with unwanted content being published in our site or any other related s.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

Confidentiality

eValai takes extreme precautions and at most care to make sure your personal information are safe and secured. However, your confidential use of this site or any related product or service s cannot be guaranteed by us at any point of time due to obvious reasons. We shall not be responsible for any harm that you or any person / institution / organization may suffer as a result of a breach of confidentiality in respect to your use of this site or any related product or service s.

Security

You may have an account and password which will avail you the access to our products and services. You are responsible for maintaining the confidentiality of your password and account information and is fully responsible for all conduct carried out under your password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us and take all other necessary steps to make sure your continued security.

In addition to that:

Limitation of Damages

In no event will we, our officers, employees, contractors, subcontractors, affiliates, successors or assigns be liable to any party for any direct, indirect, consequential, incidental, special or other indirect ( including without limitation, cost of cover ) arising out of or in connection with this agreement or any services, content or other materials provided or available hereunder, or use of any other links or linked , even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arose in contract, tort ( including negligence ) , strict liability or other legal basis. In the worst-case scenario, where client seeks compensation, the refund cannot exceed the amount received by eValai infotech solutions for a given academic year.

The term "damages" includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system. You acknowledge that the economic terms of our agreement reflect the foregoing allocation of risk and such allocation of risk is a significant inducement for us to provide the services, and other content and materials.

Claims of Copyright infringement

eValai InfoTech. respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminates the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this infringes on any copyright which you own or control, or that any link on this directs you to another that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.

Alternatively, you can mail us at info@eValai.com [with subject: Copyright Violation] and we shall take necessary action accordingly.

Number of Users

The institution is entitled to supply the company with accurate information about the number of users of the services facilitated. Excess number of users if any, it’s the sole discretion of the company to raise an additional invoice towards it accordingly.

Governing Law

This Agreement shall be governed by the laws of Indian Jurisdiction, without regard to its conflict of law principles. The jurisdiction for any legal action shall be exclusively a competent court in the state of Karnataka.

Application Component Usage Policy [Short Message Service]

The Short message service provided within our application is strictly for the institution’s use only and by sending SMS to any individual or institution / organization of any kind, the institution takes the sole responsibility and ownership of the messages sent. Any unauthorized /commercial / external use will lead to immediate termination of the services and the decision would be at the sole discretion of eValai.

The speed of the delivery of messages is completely dependent on various factors and eValai shall not be liable for non delivery or delayed delivery of messages on any kind sent from within our products / services. Price of SMS will be always subject to SMS tariff changes brought in by TRAI (Telecom Regulatory Authority of India) and the same shall be in effect immediately.

WEBSITE HOSTING

By subscribing to our web hosting / designing services, you agree to the terms and conditions applicable for the same as below.

TERM

All minor customizations / tuning according to match the type of institution (without effecting the overall functionality of the application) shall be done free of cost only at the time of the implementation procedure. Any changes to the appearance / functionality / overall application shall be billed separately by eValai looking at the efforts to be put in and the resources to be used and many other applicable parameters. However, if there are any major changes to be done which might consume more time and resources of the company may be charged separately after having a discussion with the institution and on a mutual understanding basis.

COMPANY'S AND CUSTOMER'S RESPONSIBILITIES

Scope of Work. Customer hereby retains the services of Company to design the Web Site for Customer in accordance with the Order.

Changes to this Agreement, the Order or to any of the specifications of the Web Site shall become effective only when a written change request is executed by the Customer and Company ("Change Order"). Company agrees to notify Customer promptly of any factor, occurrence, or event coming to its attention that may affect Company's ability to meet the requirements of this Agreement, or that is likely to occasion any material delay in the Services. In the event of a conflict between the terms of this Agreement and a Change Order, the terms of this Agreement shall govern.

Customer's Responsibilities. Customer agrees to perform all tasks assigned to Customer as set forth in this Agreement or a Change Order, and to provide all assistance and cooperation to Company in order to complete timely and efficiently the Web Site.

WEB SITE DESIGN

  1. Design. The design of the Web Site shall be in substantial conformity with the material provided to Company by Customer. Customer will provide direction to Company by accessing the Company's Customer Relationship Management system ("CRM") and delivering content for Web site construction within. Web Site text will be supplied by the Customer for development of web pages will take place on the Customer's established web hosting service with Company. All server technical issues are to be handled by Company unless otherwise noted amongst all parties. Minor updates and changes include any minor modifications and modifications to work out backend database issues and functionality. This does not include adding features beyond the scope of the Order. Company shall not include, as determined in its sole discretion, any of the following in the Web Site or in Customer's directory on Company's Web Server: text, graphics, sound, or animations that might be viewed as obscene or any illegal activities; links to other we sites that might be viewed as obscene or related in any way to any illegal activities or any other type of hidden text, hidden information, hidden graphics, or other hidden materials; or destructive elements or destructive programming of any type.
  2. Coordination Steps. Customer understands that submissions for Web Site development are limited to the number of coordination steps as provided in the Order. Customer is encouraged to provide as much instruction and direction as possible with each submission.
  3. Copyright to Web Site. Customer acknowledges, understands and agrees that Company may use its own and/or may purchase third party licenses for products or services that are necessary for Company to design and develop the Web Site. Outside Content which is owned and/or purchased by Company may be used in the design and/or development of other web sites separate from Customer.

INDEMNIFICATION

  1. Company Indemnity. In performing services under this Agreement, Company agrees not to design, develop, or provide to Customer any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Company becomes aware of any such possible infringement in the course of performing any work hereunder, Company shall immediately so notify Customer in writing.

READ AND UNDERSTOOD

Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.

Application Component Usage policy [e-mails]

The e-mail provision availed to you along with our products are meant to be used only for the institutional purposes. This facility may not be used for advertisement purposes, marketing purposes, or any other form of commercial use but only to be used within the institution and for the institution’s external communication only.

By sending e-mails with or without attachments to any individual or institution / organization of any kind, the institution takes the sole responsibility and ownership of the messages sent and of its content what so ever it may be. Any unauthorized /commercial / external use will lead to immediate termination of the services and the decision would be at the sole discretion of eValai.

Additional Customizations

All minor customizations / tuning according to match the type of institution (without effecting the overall functionality of the application) shall be done free of cost only at the time of the implementation procedure. Any changes to the appearance / functionality / overall application shall be billed separately by eValai looking at the efforts to be put in and the resources to be used and many other applicable parameters.

However, if there are any major changes to be done which might consume more time and resources of the company may be charged separately after having a discussion with the institution and on a mutual understanding basis.

Payments

All Cheque / Drafts to be made in favor of ‘eValai Infotech Solutions’. Before making any payment to the reseller / franchisee, you should verify / cross check with our website for the reseller info and also make sure the payment is being issued only in the company name.

The payments once made are non-refundable. Due to any unavoidable reasons, if a customer request for a refund of the amount paid, the company have the complete and sole authority to decide whether to issue a partial refund or reject it.

Implementation procedure & timeframe

You agree to supply all the necessary information and permissions required to fulfill the implementation procedures performed by eValai. eValai shall declare a mutually agreeable timeframe to complete the implementation and try to complete within the given timeframe.

If any existing third party service provider for the institution delays to supply the adequate information to eValai towards the implementation process, or any other valid reason exists, the timeframe committed to complete the implementation procedure can be extended by eValai accordingly.

Sharing your Content and Information

You own all of the content and information you publish on eValai product / services / websites [only in your personal account /profiles], and you can control how it is shared through your profile and application settings. Apart from that:

For content covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with our products / services websites (IP License).

This IP License ends when you delete your account content or your account being terminated by the institution unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application or service from us, your content and information is shared with the applications. Our applications respect your privacy, and we control how the application can use, store, and transfer that content and information.

We always appreciate your feedback or other suggestions about our services / products, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Co-User Rights

ERP SOFTWARE infotech Solutions © 2017