You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create User account. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.
You agree not to access the Service by any means other than through the interface that is provided by Officer24by7 for use in accessing the Service. You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from your Office24by7 account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate from your Office24by7account.
Subject to your compliance with all the terms and services, including any payment obligations, you may access and use the Service only for its intended purpose during the term of your subscription for the Service.
You agree not to access the Service by any means other than through the interface that is provided by Office24by7 for use in accessing the Service. You may not share individual login credentials for the Service, and you will ensure that each user has separate login credentials. You must provide true, accurate, and correct information at the time of registration and account creation, and thereafter. You may not misrepresent your affiliation with a person or entity.
You will not display, distribute, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sublicense, sell, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit (other than internal business use for its intended purpose) or make the Service available to any third party. You will comply with these terms of services, and any codes of conduct, policies or other notices Office24by7 provides you or publishes in connection with the Service.
You will only access and use the Service for lawful and authorized purposes, and in no event in connection with competitive research or for scoping, benchmarking, developing, or providing any similar or competitive product or service. In addition, you may not exceed the scope of your authorized use of the Service.
You will not use the Service to (or assist another person to) email or otherwise upload any content that (i) infringes or misappropriates any intellectual property or other proprietary or privacy rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, hateful racially, ethnically or otherwise objectionable; or (v) in the sole judgment of Office24by7, which may expose Office24by7 or its users to any harm or liability of any type.
You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You may not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, publish, provide or otherwise link, transmit or store in connection with or relating to the Service (“Content”). While you retain ownership of Content, by posting your content on or through the Service, You hereby do and will grant Office24by7 a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your content in connection with your use of the Service.
You understand that the operation of the Service, including your content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; (c) transmission to Office24by7 third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service and (d) transmission to certain Third-Party Services (as defined in below). Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. Office24by7 will have no liability to you for any unauthorized access or use of any of your content, or any corruption, deletion, destruction or loss of any of your content.
Subject to the limited rights expressly granted herein, Office24by7 reserves all rights, title, and interest in and to the Site and Service, including all related intellectual property rights. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service. No license or right to use any trademark or service mark of Office24by7 or any third party is granted to you in connection with the Service.
All comments, feedback, information, ideas, or materials that you submit through or in association with the Site or the Service shall be considered non-confidential. By submitting such comments, feedback, information, ideas, or materials to Office24by7: (i) you represent and warrant that Office24by7 use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights; (ii) you represent and warrant that you have all rights to enter into this terms of service; (iii) you understand and agree that Office24by7 is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) you grant Office24by7 all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Office24by7 to anyone whatsoever. You acknowledge that you are responsible for and bear all risk as to the use or distribution of any comments, feedback, information, ideas, or materials.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. You will promptly notify Office24by7 if you learn of a security breach related to the Service, including the compromise or loss of any of your login credentials.
Office24by7 reserves the right to access your account in order to respond to your requests for technical support or to ensure proper functioning of the Service. For the avoidance of doubt, Office24by7 has the right, but not the obligation, to monitor the Service, Content, or your Content. Office24by7 will do so if required by law or in the good faith belief that such action is protecting Office24by7, the Service, or other users of the Service.
Office24by7 will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your content, as described in the documentation for the Service.
The term of service will be effective from the effective date and are binding between Office24by7 and you till the term of the order form unless terminated earlier in accordance to the terms mentioned thereof.
The subscription term commences as per the date set out in the order form and valid for a specific period agreed upon. The term of subscription will renew automatically at the end of the subscription for a further period of 1 year, unless (i) you send mail to us requesting non-renewal at least 15 days prior to the renewal date; or (ii) order from captures a different billing cycle. For all the new products and features added during the subscription term, automatically gets renewed with the subscription term, unless otherwise mentioned in the order form.
The consulting services term will be set out in the concerned Order Form. In case, you have procured consulting services that recur, they are considered as part of subscription and also gets renewed with the subscription term.
All the free services, if any made available, are provided for short trial period at the start of the subscription services. The free services may get suspended or terminated at any point of time without giving any notice.
All the accounts which are not renewed in accordance with these terms of service will be deactivated and permanently deactivated after a period of 30 days from the due date of renewal.
We may also suspend your account subjected to the following conditions, with immediate effect.
If the suspension continues for a period of 15 days for same reason, we may proceed to terminate the relevant order form and subscription without offering any recourse to other remedies which are available under the applicable laws or terms of service.
We will retain the data stored by you on the platform after the expiration of the subscription for a period of 30 days. On additional fee payment we can keep the data for longer and provide you a copy of the contacts and all. After 30 days, or the additional period you asked for with the due payment, we will permanently delete all the data. We are not liable for any such data deletion.
As per the Free Services, we do not entertain providing any data copies or keeping data on our platform for a prolonged time. On the expiry all such a data will be deleted from our platform. All other terms, which survive the termination otherwise, will survive the termination or expiry of the term of service.
All terms hereof, which by their nature survive termination (including but not limited to terms pertaining to intellectual property rights, data privacy, confidentiality, indemnity and dispute resolution) shall survive the expiry or termination of these Terms of Service.
You shall defend Us against any claim, demand, suit, or proceeding ("Claim") made or brought against Us by a third party alleging that Your Data, or applications or other materials developed by You using the Developer Services, infringe or misappropriate the intellectual property rights of a third party or violate applicable law (to the extent such infringement, misappropriation or violation do not arise from the Developer Services), and shall indemnify Us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Us in connection with any such Claim; provided, that We (a) promptly give You written notice of the Claim; (b) give You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release Us of all liability); and (c) provide to You all reasonable assistance, at Our expense. The foregoing states your sole liability and our exclusive remedy for any type of Claim described in this.
In no event shall our aggregate liability arising out of or related to this Agreement, Whether in Contract, Tort or Under any other theory of Liability, Exceed the total Amount paid by you hereunder or, with respect to any single incident, the the lesser of 5,00,000/- or the amount paid by you hereunder in the 12 months preceding the incident
In no event shall we have any liability to you for any loss or profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. Thefore going disclaimer shall not apply to the extent prohibited by applicable law
In case of any Force Majeure, each party will put reasonable efforts to mitigate the effect of such an event. Either of the party is not responsible for the delay in performance or failure if caused by the by Force Majeure, except in respect of payment obligations hereunder.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms),without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, we shall refund to you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
The communication required or permitted related to the terms of Services shall be given one party by other party at the concerned party address set out in the below via hand or by register post with due acknowledgement. Notices are effective as and when received. However, certain notices pertaining to the services, like payment, and overuse may be sent by mail only to the address set out below.For Customers in India
Name: office24by7, Plot No.102/11,103/10 & 104/9, 1st Floor Boss Towers, Patrika Nagar, Hitech City, Madhapur, Hyderabad - 500 081
Customer: Customer Name, Address and Email ID as per Order Form
For Customers in India: The terms of Service construed in accordance to shall be governed by the laws of India. All the disputes related to the Terms of service or anything thee of shall be resolved by mutual discussions, failing which the same shall be submitted to arbitration and conciliation Act, 1996, and the rules famed by the High court of Andhra Pradesh. The place of arbitration shall be Hyderabad and the language of arbitration, English. Subject to the foregoing, the courts at Hyderabad, India shall have exclusive jurisdiction.
In the event of any conflict between these Terms of Service and the terms of an Order Form, the Order Form shall prevail solely with respect to the subject matter thereof.