Datsdakey Software Development Terms Of Use/Service

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The domain name www.datsdakey.in (hereinafter referred to as "Company" or "Us" or "We") is owned by Datsdakey Education Pvt. Ltd. , Address: Brajaraj Nagar- 3rd Lane, Aska Road, Town: Berhampur ,District: Ganjam State: Odisha, Pin Code: 760006.

Your use of the Software and tools developed by the company are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you are developing a website or android app or any software, You shall be subject to the policies for such transactions. By mere developing a software for your use of the softwares developed by the company, You shall be contracting with Datsdakey Education Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Datsdakey.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" or "Client" shall mean any natural or legal person or business house or Company or Organization who has agreed to become a buyer of the customized Software by providing their details via e-mails or oral communications or any other mode of communications The term "We", "Us", "Our" shall mean Datsdakey Education Private Limited .

When You use any of the services provided by Us(Online or Offline), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our softwares.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms of Use, You also accept and agree to be bound by Datsdakey Policies as amended from time to time.

1. Copyright Usage:

The rights granted to Client are for the usage of the Final Design. Client shall have: Exclusive rights, unlimited duration, worldwide, electronic use, their respective website and app only. Client will be the sole copyright holder of brand name and logo and will be solely responsible for any uploads to the website and app. Client hereby grants us the permission to use their brand name and logo for marketing and development purposes. It is hereby directed to the client to produce copyright licence usages if any to the company whenever needed. All other rights to be negotiated separately.

2. Reservation of Rights:

All rights not expressly granted above are retained by the Company. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

3. Revisions:

Revisions may be made only by the Company at the Preliminary Design phase. Additional fees will be charged for revisions made after 3 preliminary design revisions, and for additions to project scope.

4. Payment Schedule:

For Govt. projects, payment will be charged after submission of the project. For Private projects Fifty percent (50%) upon project commencement, remaining upon project completion. If you change the project scope while the development process is going on or about to get completed then that will attract a new invoice and you agree to pay the difference amount failing which the development process will be stopped.

5. Payment Terms:

Payment due Net fifteen (15) days from issuance of invoice. On clearing the payment only the client can use the software commercially and the company holds the right to terminate the software and associated legal agreements(if any) if the client fails to clear the payments after several reminders/max fifteen days. A interest charge as decided by The Micro, Small and Medium Enterprise Development (MSMED) Act, 2006 or 5% (which one is higher) will be billed against late payments. Any grant is conditioned upon receipt of final payment, and upon Client's compliance with the terms of this agreement.

5. Refund Rules:

No refund will be entertained once the development process gets started.

6. Source Code:

Source code is not included in any of our packages except for static websites package. But, that in no case mean we will be keeping the ownership of clients assets like brand name or logo or domain name or hosting etc. Additional separate fees need to be paid by the client(fees will be decided by us only after two years from the launch of the software/app/website) for the source code.

7. Cancellation Fees:

In the event of Cancellation, Company will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the website revert to the Company and all original art must be returned, including sketches, comps, or other preliminary materials. Client will be handed over username and password of hosting and domain name. All source code and development work will be deleted from hosting upon cancellation.

8. Marketing and Promotion:

A basic SEO is included in this package(Google Analytics, Adding Url to google and Adding Sitemap and robots.txt). Heavy SEO and marketing charges will attract a separate invoice.

9. Preliminary Works:

Company retains all rights in and to all Preliminary Designs. Client shall return all Preliminary Designs to Company within three(3) days of completion of the project and all rights in and to any Preliminary Designs shall remain the exclusive property of Company.

10. Permissions and Releases:

The Client agrees to indemnify and hold the Company harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

11. Miscellaneous:

We never warrant that our software will be uninterrupted, secure, or error-free.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You expressly understand and agree that Datsdakey shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the software/service.

In no event shall Datsdakey be liable for loss in profits or any special, incidental or consequential damages arising out of or in connection with our provided software, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Datsdakey partners, officers, directors, agents, and employees, harmless from any claim or demand, including attorney fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Verbal or written abuse of any kind (including threats of abuse or retribution) to any Datsdakey customer, employee, member etc will result in immediate termination and deletion of the software and source code.

Fraud: Without limiting any other remedies, We may suspend or terminate your software/service if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection our software/services.

You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force under the Indian Law.

We reserve the right to modify or terminate the Software/Service for any reason, without notice at any time.

You are solely responsible for maintaining the secrecy of your passwords and any account information.

The company must be kept harmless for any type of virus attack/hack/damage/data loss occurred on using the software by the client or customers of the client

You are not allowed to take our work “as-is” and sell it, redistribute or re-publish it, or sell “pluginized” versions of it.

You must understand that Datsdakey develops different kinds of softwares for different clients and thus, you cannot held the company liable for any resemblance of template/theme/flow with another software/service developed by Datsdakey and claim damages. Failing which the software will be terminated immediately without any notice and you might be penalized for the damage caused to the reputation of Datsdakey.

On cancellation of the service, the company holds the right to either sell to any other client or modify the exact software with a different name/brand and launch it for commercial purpose.

There is a maintenance charge, hosting and domain renewal charge involved every year(1st year is free for private projects) which the client needs to pay before the due date. Failing which we hold the right to terminate the software/service and will be renewed only if Datsdakey wants to.

If a client doesn't clear the dues of Datsdakey even after several reminders and if the period exceeds more than 15 days, Datsdakey reserves the right to take necessary actions for the recovery of all outstanding amounts owed, associated interest incurred to date(interest on payment received more than 15 days past its due date), as well as any associated penalties/legal costs required for the case as per the company terms. Datsdakey will then modify or terminate the Software/Service for any reason and might sell the software to some other client or might launch it for commercial purpose under Datsdakey, without notice at any time.

The company promises to not to share the concept of any client while developing or after the completion of the project with any other person or entity until the agreement is not terminated.

This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client/Company may authorize expenses or revisions orally followed by a written mail to [email protected]. Any dispute arising out of this agreement will be resolved by negotiation between the parties. This Agreement shall be governed by and construed in accordance with the laws of the India. The Parties hereby submit to the exclusive jurisdiction of the courts located in Brahmapur, which shall be the exclusive venue for any injunctive relief.