PLEASE READ CAREFULLY THIS AGREEMENT AND ANY REPLACEMENT OR AMENDMENT HEREOF BEFORE USING THE OUR SERVICES AND/OR ANY UPDATE THEREOF, AS APPLICABLE.
1. This agreement (hereinafter referred to as the "agreement" or the "license agreement") is a mandatory, legal and valid agreement between Hitech Digital World (P) Limited, having its headquarters in Nagpur (India) (hereinafter referred to as the "HITECH" and/or "we" and/or "our" and/or "us"), and you (hereinafter referred to as "you" and/or "your" and/or the "user"), for using the Hitech BillSoft (as defined below). The HITECH and you are hereinafter also referred to individually as a "Party" and collectively as the "Parties". This agreement, the terms and conditions ("terms and conditions") of this agreement, also include any replacement and/or amendment thereof by the HITECH.
2. Hitech BillSoft (hereinafter referred to as the "Hitech BillSoft" and/or the "Hitech Services" and/or the "Software" and/or the "Software Product") is a software that may allow to the user(s) to draft and/or send different documents, including without limitation invoices and/or sale orders and/or quotations and/or delivery notes and/or purchase orders and/or automatically send different documents, including without limitation payment reminders, track inventory movement and/or received payments (any and each of the previous mentioned documents hereinafter referred to as the "document" and together the "documents"), as well as to be used for any other purposes expressly allowed by the HITECH, any and all of them mainly using the interfaces (hereinafter referred to as the "User Interface") and/or the drafts and/or the templates of the documents, accessible from/on the web site www.billingsoftwareindia.in hereinafter referred to as the "site" or the "website".
3. You expressly acknowledge and agree to use the Hitech BillSoft for the purposes expressly mentioned in this agreement and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction and that you have the right to use the Hitech BillSoft only as end user. You do not have the right to use the software for other purposes than the purposes expressly permitted by the present agreement, but only with the express and prior approval of the HITECH. The use of the software, except for use as permitted in this agreement, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages.
4. Hitech Services (may) include(s), without limitation, Hitech BillSoft and/or templates of the documents and also any (subsequent) upgrade, replacement, restoration, update of the Hitech Services (hereinafter referred to as the "update(s)") by the HITECH.
5. By using the Hitech Services and/or of any update and/or of any parts thereof and/or by pressing any acceptance and/or agreeing button in order to perform the installation process, you expressly and unconditionally accept all the terms and conditions of this agreement, including as they will be replaced or amended from time to time, and you undertake yourselves to fully and adequately respect them. If you do not wish to fully and adequately respect the terms and conditions of this agreement, including as they will be replaced or amended from time to time, do not use (any longer) the Hitech Services and/or any update, as applicable.
6. Under the condition of unconditional, full and adequate acceptance and respect by you of the terms and conditions of this agreement, including as they will be replaced or amended from time to time, the HITECH will grant you a limited, nonexclusive and nontransferable right to use the Hitech Services according to the terms and conditions of this agreement, including as they will be replaced or amended from time to time, and only for the period of time during which you unconditionally, fully and adequately respect the terms and conditions of this agreement, including as they will be replaced or amended from time to time, only until the moment when the present agreement terminates, regardless of the termination reason.
7. Except otherwise expressly permitted by the HITECH, in order to use the Hitech Services according with the present agreement you must pay a license fee/different license fee(s) (each the "license fee" and/or the "remuneration" and together the "license fees" or the "remunerations"). The license fee(s) for using the Hitech Services by you may be also as (a) subscription(s) fee(s) (each the "subscription fee" and together the "subscriptions fees". Different license fee(s) may apply for using different version(s) of the Hitech Services and/or for using different part(s) of the Hitech Services and/or for using different functionalities and/or features and/or specifications (together the "specifications") of the Hitech Services. We may also provide you promotional or (free) trial periods for using the Hitech Services, which might be limited in time, specifications or otherwise.
If you want to pay a license fee, you must designate from the site a payment method you are authorized to use and provide us with accurate and up to date billing and payment information. We will bill you the license fee, including any applicable taxes, fees and surcharges, through the payment method you designate and you agree to pay us for all charges incurred under your account. License fee(s) has/have to be paid in advance. In case of subscriptions you (may) agree that the subscription(s) payments can be automatically charged till such subscription will be terminated. You agree that all license fee(s) and other payments are non-refundable even if you eventually stop using the Hitech Services, except otherwise expressly specified in the present agreement. At any time the HITECH may introduce specifications of the Hitech Services and may impose a payment for using such specifications and you can use (the Software with) such specifications, as the case may be, only under the condition of accepting and paying such payment.
The HITECH (may) offer a free version of the Sftware ("free limited version") as and if mentioned on the website. Such free version might be limited in time, specifications or otherwise.
8. The HITECH offers you a 15 day return policy ("return policy" or the "refund policy") for and from the moment of paying the first license fee for the Software subjected to conditions mentioned below. To obtain a refund, please notify the HITECH (using the model below) to the email mentioned on the website, from the email used in order to process payment, within maximum 15 calendar days from the moment of paying the first license fee for the Software after creating the account. We will then process a refund of the paid license fee minus payment processing fees, in the same account from which the license fee was paid. If no downgrade was performed to your account to the free version the HITECH shall delete your account and agreement shall be rightfully terminated at the date of such deletion, without putting in delay, without fulfilling any other formalities and without any other judiciary or extra-judiciary procedure, and you will have no right anymore in relation with the Software. In order to benefit of the refund you have to notify the HITECH using the model format below, otherwise you will not benefit of the refund policy:
To: Hitech Digital World (P) Limited
I hereby give notice that I want to benefit of the refund policy for the license fee paid and I am eligible for refund.
Registered Email ID :
Registered Phone No. :
Date of Purchase :
Terms of Refund:
a. If it has not exceeding 15 days from the date of the transaction.
b. If features are not delivered as per the listed plan on https://billingsoftwareindia.in/pricing/ based on your edition and HITECH is not delivering you the same upon your request.
c. Software license is never used for activating software.
9. The present agreement is valid for the promotional or the (free) trial periods or for the period for which you have paid/were charged the license fee(s), as the case may be, unless otherwise terminated according with the present agreement and/or with the legal regulations in force. The HITECH shall use reasonable endeavors to send you, before the end of the period(s) for which you have paid/were charged the license fee(s), reminders for extending/renewing the license agreement for the Software. If you are not extending /renewing the license agreement for the Software, at the end of the period for which you have paid/were charged the license fee(s), the HITECH shall use reasonable endeavors to downgrade your account to the free version. If no downgrade was performed to your account to the free version the HITECH shall delete your account and agreement shall be rightfully terminated at the date of such deletion, without putting in delay, without fulfilling any other formalities and without any other judiciary or extra-judiciary procedure, and you will have no right anymore in relation with the Software. Except otherwise expressly permitted on the website, for the free version, the present agreement is valid for a period of 30 days from the moment of activating the account and the validity period will automatically extend for successive periods of 30 days if none of the Parties notifies to the other Party the termination of the present agreement before expiration of each validity period, without fulfilling any other previous formality. Electronic communications are full means of proof regarding the legal relationships between the parties and the communications between them.
10. The HITECH retains the full ownership of the Hitech Services and reserves all the rights that are not expressly granted to you. You acknowledge and agree that the HITECH owns all legal right, title and interest in and to (any part of) the Hitech Services including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Hitech Services may contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Software in compliance with this agreement. No part of the Hitech Services may be reproduced in any form or by any means, except as expressly permitted in these terms and conditions. The Software is licensed and not sold to you by the HITECH, to be used in compliance with the terms and conditions of this agreement, including as they will be replaced or amended from time to time.
11. You expressly understand and agree that the (drafts and/or the templates and/or samples of the) documents available through the Software, are provided on an "as is" and "as available" basis, and, to the maximum extent permissible by applicable law, the HITECH does not represent, guarantee or warrant that any (drafts and/or the templates and/or samples of the) documents are according with any applicable laws and/or in any applicable jurisdiction. The HITECH makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the (drafts and/or the templates and/or samples of the) documents. The (drafts and/or the templates of the) documents, or any feature or part thereof, may not be available in all languages or in all countries and the provider makes no representation that the (drafts and/or the templates and/or samples of the) documents, or any feature or part thereof, are appropriate or available for use in any particular location and/or for any (specific) purposes. To the extent you choose to access, use and/or fill in the documents any content (the" content") and/or modify the (drafts and/or the templates and/or samples of the) documents, you do so at your own initiative and you are exclusively responsible for use and compliance of such documents (including any content and modifications) with any applicable laws in the applicable jurisdiction and the consequences of their transmission or publication. The HITECH is not providing any legal, financial, accounting, tax, health care, real estate or other professional services or advice and he is not liable for any documents and/or content that you are using, transmitting and/or publishing.
12. The HITECH, at its sole discretion, can provide you with updates. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. The updates may include new specifications, may not include all the previous specifications of the Software or the newly launched specifications in other cases. The HITECH, at its sole discretion and without notice, may update from time to time the Software, including by introducing new specifications and/or modification and/or improvement of some existent specifications, which can be implemented automatically by the HITECH. Continued use of the Software after any such updates shall constitute your consent to such updates. In case you don't agree with such updates you have the right to terminate the present agreement and your account with immediate effect, this being the only remedy applicable in such case.
13. The HITECH reserves the right to update and change the terms and conditions from time to time without notice. Any new specifications of the Software shall be subject to these terms and conditions. You agree that is your exclusive responsibility to check the terms and conditions each time you are using the Hitech Services. Continued use of the Software after any such update and change of the terms and conditions shall constitute your consent to such update and change of the terms and conditions. In case you don't agree with such update and change of the terms and conditions you have the right to terminate the present agreement and your account with immediate effect, this being the only remedy applicable in such case. The terms and conditions of this agreement, including as they will be replaced or amended from time to time, will govern and will also be fully applicable to any update, including together with any separate and/or specific terms and condition, except when a certain update is accompanied by a separate agreement in which it will be expressly specified that it is solely separately applicable for that update, in such case(s) the terms and conditions of that agreement will govern, including as these will be replaced or amended from time to time.
14. Use of the Software may require a valid license and/or compatible devices and/or internet access and/or certain/different (other) software(s) and/or periodic updates. You agree that meeting these requirements is your responsibility.
15. In order to be a registered user of the Software you must activate your license. Registrations through any automated methods are not permitted. Don't reveal your license/account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your license/account and for all activities that occur on or through your license/account, and you agree to immediately notify the HITECH of any security breach of your account. You further acknowledge and agree that the Software is designed and intended for use on an individual basis and you should not share your account and/or password details with another person. You agree to provide accurate and complete information when you register with, and as you use, the Software and you agree to update such information to keep it accurate and complete. Failure to provide accurate, current and complete information may also result in the suspension and/or termination of your account. You agree that the HITECH may store and use information you provide for use in maintaining and billing fees to your account. For the sake of clarity the (direct) access to your Software, it is your responsibility and you are responsible for maintaining the security of your license. The HITECH shall not be responsible for any losses arising out of the unauthorized use of your license resulting from you not following these rules or otherwise from your failure to comply with the security obligations.
17. You may not: a) Sell, rent, transfer or sub-license the license of this Software; b) Republish materials (the "materials") from this Software; c) Sell, rent, transfer or sub-license material from the Software; d) Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); e) Attempt to decompile or reverse engineer any software contained by the Hitech Services; f) Remove any copyright or other proprietary notations from the materials; or g) Transfer the materials to another person or "mirror" the materials on any other server.
18. You agree to use the Software solely for your use. You agree not to enable public performance or other activities prohibited by applicable copyright law. You may not use the Hitech Services to: (1) engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; (2) invade the privacy right of any person or entity; (3) upload, download, post, email, transmit, store or otherwise make available any documents and/or content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable or that contains viruses; (4) impersonate any person or entity and/or misrepresent yourself as another person and/or pretend to be anyone, or any entity, you are not, including without limitation in order to complete the signup/registration process and/or while using the Software; (5) conduct fraudulent or other illegal activities; (6) Resell, transfer or sublicense any aspect of the Software; You must not access or use the Hitech Services if you are prohibited from doing so under applicable laws, rules and regulations of your resident country and/or the country from which you are accessing the site.
19. The HITECH reserves the right to take steps the HITECH believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. You acknowledge and agree that the HITECH may, without liability to you, access, use, preserve and/or disclose your account information and content to law enforcement authorities, government officials, and/or a third party, as the HITECH believes is reasonably necessary or appropriate, if legally required to do so or if the HITECH has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of the HITECH, its users, a third party, or the public as required or permitted by law.
20. In case the Software (will) offer the specification to create (automatic) backups for the data you created using the Software, the HITECH shall use reasonable skill and due care in providing such specification, but, to the maximum extent permissible by applicable law, the HITECH does not guarantee or warrant that any data you may store or access through the Software will not be subject to inadvertent damage, corruption, loss, or removal in accordance with the terms of this agreement, and the HITECH shall not be responsible should such damage, corruption, loss, or removal occur. It is your responsibility to maintain appropriate alternate backup of the documents and any content of such documents and/or any other related information and data.
21. You agree to the fact that you are not allowed and you agree not to undertake and not to allow any third party, in relation to the Software, to copy, decompile, restore, recompile, modify, translate, perform reverse-engineering processes, disassemble, try to derive the source code, perform any tests with the purpose of discovering the source code, decrypt, create any derived products based on the Software or perform other similar operations, in relation to the Software, in any way and for any purpose, regardless of its nature, without the prior written consent of the HITECH.
22. You agree to use the Hitech Services in compliance with all the applicable laws in the applicable jurisdiction and you are the sole responsible in this regard. Without affecting the generality of the foregoing, you must have the legal right and capacity to use the Hitech Services according with the applicable legislation. To use the Hitech Services, you cannot be a person barred from using the Software under any applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this agreement, you represent that you understand and agree to the foregoing.
23. By using the Software and/or of any update and/or of any parts thereof and/or by pressing any acceptance and/or agreeing button, you expressly and unconditionally accept to receive solicited and unsolicited communications, regarding and including, without limitation, alerts, status notifications, (commercial) communications for advertising, marketing and publicity, information, materials and content from the HITECH and from third parties, including by the use of automated calling and communication systems that do not require the intervention of a human operator, by electronic mail or by any other method that uses the electronic communication services destined to the public or in any other way through the Hitech Services.
24. The Software, or any feature or part thereof, may not be available in all languages or in all countries and the HITECH makes no representation that the Hitech Services, or any feature or part thereof, is appropriate or available for use in any particular location or for any (specific) purpose(s). To the extent you choose to access and use the Hitech Services, you do so at your own initiative and are responsible for compliance with any applicable laws.
25. To the maximum extent permitted by the legal regulations in force, you acknowledge and agree expressly with the fact that the use of the Hitech Services and of any content shall be done on your own responsibility and at your own risk and you fully assume the risks regarding the performance, accuracy and quality with regard to the Hitech Services and/or the documents/ and/or the content.
26. To the maximum extent permitted by the legal regulations in force, you expressly understand and agree that the Hitech Services is made available on "as is" and "as available" basis, with all the omissions, errors or defects and without any type of warranty and you acknowledge and agree expressly that the HITECH does not assume any kind of responsibility and does not grant any kind of warranty regarding the Services, either implied or express, legal or not, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, warranties regarding quality, the method of use, conformity for a certain purpose, peaceful and useful use, warranty for defects, non-infringement of third party rights, the HITECH being exonerated of any liability in any such cases.
The HITECH does not represent or guarantee that the Hitech Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the HITECH disclaims any liability relating thereto.
You expressly acknowledge and agree that the HITECH does not guarantee, represent or warrant the fact that the use of the Hitech Services will be free of problems and/or uninterrupted and/or will meet your requirements and/or it will be free of errors and/or the fact that any errors or defects of the Software will be corrected and/or the fact that the Services will be compatible and/or will function with any software, hardware and/or Services of third parties and it will not affect in any way the use of any of them, and you agree that from time to time the HITECH may remove and/or suspend and/or limit (the use of) the Hitech Services for indefinite periods of time or cancel the (use of the) Software, in accordance with the terms of this agreement.
You expressly acknowledge and agree that no act, regardless of its nature, including any information, action, omission or recommendation from any of the parties will represent any guarantee regarding the Hitech Services. Certain jurisdictions do not allow (total) exclusion of certain warranties or limitations of the applicable legal rights and in these cases your rights stipulated by the imperative legal regulations are not affected, you benefit from the warranties stipulated by the imperative legal regulations and the exclusions and the limitations above will not apply in the cases forbidden by the legal regulations in force.
27. To the maximum extent permitted by the legal regulations in force, you expressly acknowledge and agree to the fact that, the HITECH is not liable for any kind of damages, including direct and/or indirect damages and/or personal injury, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses, resulted from or related to the use or inability to use the Hitech Services or otherwise, regardless of the method of use and whether the HITECH was warned about the occurrence of such damages or if the possibility of occurrence was reasonably foreseeable. Without affecting the generality of the foregoing, the HITECH is not responsible for, and shall have no liability for, the loss of or damage to your content and documents including any loss or damage resulting from the suspension or termination of the services or this agreement. Certain jurisdictions do not allow the exclusion or limitation of liability in certain cases or for certain types of damages and/or injuries and in these cases your rights stipulated by the imperative legal regulations are not affected and the exclusions and the limitations above will not apply in the cases forbidden by the legal regulations in force. In such case(s) our liability shall be capped in all situations at an aggregate sum which is maximum valid and effective under applicable law(s) and local regulations in force and shall not be in any circumstances bigger than the counter value of the licence fees paid to us by you.
28. To the maximum extent permitted by the legal regulations in force, you acknowledge and agree expressly to the fact that you cannot export or re-export the Software and/or the content. Use of the Hitech Services may be subject to the export and import laws of different countries. You agree to comply with all applicable export and import laws and regulations. Also, you agree that you will not use the Hitech Services for any purposes forbidden by any applicable legislation, including, without limitation, the development, design, manufacturing, production and/or selling of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your account any data or software that cannot be exported without prior written (government) authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. You may not use the Software for any illegal or unauthorized purpose. You must not, in the use of the Software, violate any laws in the applicable jurisdiction (including but not limited to copyright laws).
29. Some parts of the Software can use or include software from third parties and other materials protected by copyrights. You expressly acknowledge and agree to the fact that, the licensing conditions and the liability limitations for such software and/or the conditions of use for such software must be observed irrevocably by you in addition to the terms and conditions of this agreement.
30. The Software is protected by the regulations regarding the copyrights and the international treaties in the field. You agree to the fact that you are not allowed and you agree not to undertake and not to allow any third party, in relation to the Software, the distribution, the reproduction, the rental, the loan, the communication, broadcasting and retransmission of the Software and/or the realization of derived products in relation with the Software. The breach of the aforementioned may lead to criminal and/or civil actions and to fines or damages.
31. Hitech BillSoft and other HITECH trademarks, service marks, graphics, and logos used in connection with the Hitech Services are trademarks of the HITECH. Other trademarks, service marks, graphics, and logos used in connection with the Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Software.
32. The parties declare that they read the present agreement and that they agree with its terms and conditions as well as with any provisions from the agreement's content that might be considered as unusual.
33. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.
34. The user is not entitled to assign this agreement and/or to transfer otherwise, in total or in part, any of the rights and/or the obligations arising from this agreement without the prior written consent of the HITECH. The user agrees that the HITECH can assign this agreement to a third party, will be able to substitute a third party in the relations arisen from the agreement, the assignment producing effects towards the user from the moment the substitution is notified, and starting that moment the HITECH being liberated from any obligations towards the user.
35. This agreement contains all the understandings between the Parties and supersedes any prior understandings, written or verbal, regarding the subject matter of this agreement and represents the entire agreement between you and the HITECH in this regard.
36. This agreement will be construed and governed by the Indian law, which is the applicable law in case of any disputes that may occur in relation to this agreement, excluding the possibility of reference to conflict of laws. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is excluded expressly. The parties to this agreement agree to the fact that any dispute arising out of or in connection with the Software and/or this agreement, including the conclusion, execution or termination, shall be settled by the competent courts from India, excluding the possibility of reference to conflict of laws.
37. The user has the obligation to defend and indemnify the HITECH for and against any claims, complaints and/or lawsuits, damages, costs, charges and expenses of any kind, that (may) arise from your failure to comply with any these terms and conditions. You cannot sue the HITECH as a result of its decision to suspend or terminate your access to the Hitech Services, or to take any other action during the investigation of a suspected violation or as a result of the HITECH's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement. This obligation shall survive the termination or expiration of this agreement and/or your use of the Software. You acknowledge that you are responsible for all use of the Software, and that this Agreement applies to any and all usage of your account. You agree to comply with this Agreement and to defend, indemnify and hold harmless the HITECH from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
Last Updated On : 1st Jan, 2022
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected]