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Terms of Services

E-COMMERCE SERVICES Agreement (“ESA”)

This agreement is made and entered between Apne Apps Pvt Ltd(mandify owner), hereinafter referred to as Provider and, hereinafter referred to as Customer, who wishes to use the services of Apne Apps Pvt Ltd to provide e-Commerce sales platform for its clients using Mandify e-Commerce solution

1. Description of Service.

Provider will host and maintain e-Commerce software platform on cloud for Customer. This will enable the customer to sell its products online.

2. Software License and Proprietary Rights

Customer agrees that Provider will manage software and customer will apply updates on the product catalog. Catalog will not be available for export / import.

3. Lawful Use.

Customer shall not use the e-Commerce platform for any unlawful activities. Such an action would result in termination of this agreement. Provider reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Customer Services using Mandify e-Commerce platform.

4. Availability, Downtime and General Services.

The parties acknowledge that since the Internet is neither owned nor controlled by any one entity, provider makes no guarantees that any given user will be able to access the E-commerce Services at any given time. Provider will engage web hosting services that have good track record in uptime and support.

5. Fees and Payment Terms.

All fees associated with the E-commerce Services would be payable by due date as per invoice. If the customer defaults on payments, the e-Commerce services can be taken down. Payment would be in online mode only.

5a. Other Charges

Apart from recurring hosting charges, there could be annual charges for domain name renewal and there could also be ad hoc intermittent charges for maintenance and upgrade. Domain charges are applicable only if customer has opted for a new domain purchase through Apne Apps. Platform upgrade might be necessitated due to upgrade of OpenCart, the platform on which mandify is based.

5b. Discounts on subscription charges

- New Customer accounts for Mandify e-Commerce websites would have first month subscription free (unless revised by Sales team and communicated over email)

- Each successfully concluded new customer referral would earn one month’s free subscription

- Annual subscription would be eligible for 3 months free subscription (i.e. customers have to pay for 9 months only)

**There could be changes to above promotions in future and the same would be communicated via email.

6. Customization.

Mandify solution comes with a specific set of e-Commerce features and they are not customizable. Though there can be software upgrades periodically. The components that can be updateable are Retailer Name and Contact, Shop Logo, Catalog elements and Screen Slide show. Customer cannot ask for display of advertisements on e-Commerce website. Mandify branding would also be incorporated on e-Commerce website. Some of the customizations agreed might have additional costs associated and that would be communicated upfront to the customer.

7. Terms and Conditions of Licensors.

Customer acknowledges and agrees that the E-commerce Services are provided, in some cases, by third party Licensors to Provider (hereinafter "Third Party Licensors"). For all E-commerce Services that are provided by Third-Party Licensors to Provider, Customer agrees with and shall abide by all Third-Party Licensor terms and conditions, if any.

8. Changes to Licensors.

Customer acknowledges that Provider may, at its sole discretion, change any Third-Party Licensors that provide services under this Agreement.

9. Responsibility.

Provider is not responsible for (a) delivery or quality of goods purchased from customer by its clients (b) marketing of e-Commerce website for customer (c) branding design and material of Customer. Customer is responsible for (a) collection of payments from clients for goods delivered to them through online purchases (b) Validating the accuracy of products catalog before announcing the website to customers and also for the intermittent validation whenever the catalog is updated.

10. Termination.

Upon termination of the Services, should Customer desire to obtain ownership rights to the Website, Customer must obtain express written permission from provider and Customer shall further remit a fee to the Provider for the assignment of these rights to the Website. Provided Customer is not in default of the Agreement and Customer is also current with respect to payments owed to provider, the fee to be remitted for this assignment will be as follows: Rs 30,000. Please note that this amount does not include the hosting services.

11. Refunds.

Refunds for certain E-commerce Services are only provided in limited instances where customer has paid advance rentals.

12. Disclaimer.

This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Provider does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free.

13. Indemnification.

Customer agrees to defend, indemnify, and hold Provider harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from Customer’s use of the Site.

14. Limitation of Liability.

In no event shall Provider be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to Customer’s or its Clients use of or inability to use this site or goods or services purchased or obtained through this site.

15. Linked Sites.

This Site may contain links to other websites (“Linked Sites”). Provider does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites.

16. Copyright and Trademark Notice.

E-Commerce Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under international copyright laws and are the property of Provider or its third-party licensors.

17. Revenue.

Provider does not commit or promise any revenue increase of Customer as a result of e-Commerce website implementation.

18. Changes.

This agreement is subject to change in future for which the user shall be notified by official email (info@mandify.com).

19. Mobile App.

Mobile App is certified to work for Android 7 and above. A customized Mobile App will have additional costing. A generic Mobile App would be available to all under standard costing (user or buyer will select the retailer from dropdown).

20. Product Catalog.

There might be products with retailer that are not in the inbuilt catalog and a soft copy also is not available for same. The data entry of these products would be responsibility of the retailer (Customer). There are other service providers (companies) that are associated with the Provider and offer data entry services for e-Commerce applications and the contact information of these companies can be shared with Customer on request. The Customer will work directly with Data Entry Services providers to get his product catalog uploaded.

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