The Terms and Conditions listed below will enable a smooth service delivery, resulting in maximum utility and satisfaction of our product usage.
Definition of Terms: The terms “We”, “Our”, “Us”, “Provider” or the Company may mean eAbyas Info Solutions (simply, eAbyas), depending upon the context. Likewise, the terms “Client”, “User”, “You”, “Buyer” mean the Customer of the Company [This is also depending upon the context], who uses/purchases the Product (s) / Service (s) / Software made by us.
- You are required to provide all necessary information as and when requested by us for a proper and successful service delivery. Any such information pertaining to user will be confidential and a proper written (email) consent will be sorted before utilizing any such data. All actions will be guided by the rules in the agreement signed or mutually agreed.
- We make all possible efforts for a proper and error free functioning of plugins, scripts or programs. We also take initiative to do bug fixes. We will not be liable for any losses incurred due to malfunction of the plugin, client website or any part of it.
- In case of version updates or plugin updates or any such, there could be a possibility of some features not working. We can fix it for you. However, later on, these case scenarios would not make us responsible for any losses incurred at the clients’ end.
- By default, we do not accept any responsibility for the performance/proper functioning of any and every third party component such as a plugin, theme or piece of software used for the development of the client solutions. These third party applications may need customization based on their compatibility with our plugin.
- The buyer shall indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from the buyers breach of any of its obligations under this Agreement, including any claims brought against us alleging that any services provided by the Provider in accordance with this Development Proposal infringes a patent, copyright or trade secret or others similar right of a third party.
- We reserve the rights to use the client’s name and their Company Logo for promotional and marketing purposes worldwide, with a proper approval from client for the same.
- The buyer is expected to test fully any application or programming relating to this web development by the Provider before the application is made generally available for use.
- To protect the interests of the service Provider, this agreement mandates that the buyer, either directly or via any indirect means, WILL NOT SOLICIT the employees/partners/affiliated entities of the Provider, so long as the buyer and the Provider are in an active business relationship and thereafter.
- Plugins purchased under One Time Purchase cover free Premium Support for one year only, and a user is provided with a login to Support Portal. As listed in the Knowledge Base, installation assistance and bug fixes related to general behaviour of the plugin shall be covered.
- For accessing new Moodle versions and updates of LearnerScript after the completion of one year of its purchase, you need to renew your Premium Support. During the first year of LearnerScript purchase, Moodle version upgrades and updates of LearnerScript are free. And you can raise a ticket using your Support Portal.
- After the expiration of the Premium Support, you can still access your Support Portal, but the latest Moodle version upgrades and updates of LearnerScript will not be available for you. And it will not allow you to raise a ticket, too.
- However, email support is available for any bug fixes throughout the lifetime.
- To avail the Premium Support post the warranty period, the same shall be separately charged at US $500 per anum. And this purchase shall be guided by the SLA agreement signed by both the parties.
- Staging URL is only for testing purpose, not to use for any production.
- Any kind of development activity required to achieve new requisitions, which are not listed in the knowledge base, will be considered as enhancements and are chargeable as $30.00 per hour.
- We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Once the project has been initiated no refund requests will be accepted.
- Compliance with Applicable Law. Regardless of your location when you access the Services, you agree to comply with all applicable Indian judicial export control laws, including those regarding the export of data. You shall not export, re-export, divert, transfer, disclose any portion of the Services/Software, technical information or materials, directly or indirectly, in violation of any applicable export law or regulation. You are also responsible for complying with all other laws, rules, and regulations that may be applicable to your use of the Services/Software.
- Indemnity. You agree to defend, indemnify, and hold us and our Affiliates and officers, directors, employees, consultants, agents and suppliers harmless from and against any and all third party claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) any violation of this Agreement or applicable law by you in connection with your use of the Services or Software, or (ii) actual or alleged infringement by you, or any person accessing the Services or Software using your password or access key, of any intellectual property or privacy or other right of any third party.
- We have tested LearnerScript up to 10, 000 users, according to the standard hardware configuration of Moodle LMS. For using the plugin beyond that number of users, please contact us.
- The Company reserves the right to change the Terms and Conditions from time to time, with/without notices to you. Hence, you are advised to check our Terms and Conditions page every now and then.