Products and Services Terms [TC3]

NOTE:
EISdigital.com (including it's related services and apps) - terms and policies are moved to link https://eisdigital.com/legal-and-policies .
Effective from date: 05-Mar-2022.

• EZEON Services: EZEON is offering IT enabled services like Software Development, Maintenance, Re-engineering, Sales, Offshore Development, Consultation, Software Training, Complete SDLC services, Web Hosting, Domain Registration, SMS Services and more. Check our all services from www.ezeontech.com and www.ezeon.in websites.
• EZEON Products: EISdigital - Easy Institute Software(www.eisdigital.com), School ERP(www.schools21.com), Coaching Class Mobile App(www.classapps.in) and Software Licensing & Signature(SLAS) and more
• Infrastructure and Platform Cost Bearing: When using our software products and services, the user has to pay all charges required for Network, ISP, Hardware, Operating System and other application-dependencies. EZEON is not bearing such cost. EZEON is just providing services and applications. All infrastructure and platform cost is paid/afforded by User/Client itself
• Price Detailing and Payments: On proposal all service/product prices are described clearly with applied taxes, offer/discount/coupon/, payment-terms including part-payment, delay-payment, advance-payment(token amount to start work) and payment-schedule. We deal with upfront payment(full/part/advance) for all services and products. Products and Services charge can vary time by time without pre-intimation to user. But will be informed and justified to user later on. In case of payment-delay EZEON may stop/suspend/terminate the services without any pre-intimation to user. Any business loss(es) to user due to service interruption/termination is the sole responsibility of user itself, EZEON is not responsible for any user loss.
• EZEON does not guarantee for uninterrupted and continuous availability of product and services or any specific feature.
• EZEON does not guarantee that the product/service are full-proof and errorless. Yes! our QA team try to deliver accurate and acceptable solution through their best practices and evolving experience. Thats the reason we offer free trial/evaluation to client to check its features and services, before buying.
• Lifetime warranty or validity of Products and Services would be considered for period of 5 years
• Offer Validity: The offers given to user will be applied only within the offer-period. Once validity is expired regular pricing will be applied.
• Hardware and Software or any losses in client system including IT infrastructure(SW, HW, Network, Information/Data) or Physical Infrastructure(building damage, fire etc) due to our software-products is not our responsibility, User solely responsible for any such losses.
• No guarantee or warranty for uninterrupted availability of Third-party services Web Server, Domain Registration and SMS Service etc.
• Any loss(es) to client-website or business through hacking, virus, trojan-horse, Malware programs, security, disaster etc are not our responsibility. Even EZEON is not responsible for any recovery of loss. We may help and advice our client regarding this and tell the possible precautions. Recovery of software and data-loses will be charged additionally(if recovery possible)
• Any domain-name specific issues like domain-hijacking etc are not our responsibility. Because they are provided by third-party service providers. We are just registering the domain on client-behalf and we handover the access rights to client. Client itself has to care for security of his account.
• Server Hardware/Software/Network issues are not EZEON’s responsibility, user itself is responsible for that.
• Maintenance Services: Maintenance Services terms and conditions vary(can change) from project-to-project or service-to-service basic. User has to subscribe Maintenance Service separately.
• New Service/Product Activation: User has to pay in advance to activate/use services/products against the invoice raised by EZEON. Payment may be full or partial or advanced(deposit in advanced), it depends on the nature of service/product.
• Renewal: For renewal of Service/Product we raise invoice and it should be paid by user on the validity. After validity expiry the service may be interrupted or cost you extra(late payment charges).
• Service Termination:

• (a) After Expiry of Contract/Subscription/Validity of Service/Product, the agreement will be automatically terminated, without any preintimation/notification by either party
• (b) When payment not made on-time against invoice cause Service Termination/Block/Interruption/Delay.
• (c) EZEON can terminate/block the Service/Product anytime without notification when user misuse (like Email spamming, bulk emailing, email marketing, Virus Spreading, Any software attack experiments, adult/sexual media/content use/publish in application/server etc) our services/products.
• (d) Service can be terminated by either party and these rules are products-services specific.

• Refund Policy:

• (a) Total calculated efforts and cost (work which is already done on project or service or training) will be deducted from paid amount.
• (b) The cost of Employee/Services hired or purchased on client-behalf will be deducted from paid amount.
• (c) GST paid for the service or product will be deduction along with above clause (a), (b). That is Total Refund Amount = Paid Amount - [ Clause(a) + Clause(b) + Clause(c) ]
• (d) If the calculated refund is negative than user/client has to pay the due amount to terminate the agreement/contract within 30 days.
• (e) The refund will be processed after 30 days of settlement.
• (f) EZEON will provide clear justification for clause (a) and (b)
• (g) Refund Policy is applicable only within 6 months of subscription period.

• Services are "as is" and "as available" basis
• Dispute Resolution and Legal Affairs

• (a) By direct communication to user/client
• (b) By any third-party settlement
• (c) All Disputes are subject to Bhopal Jurisdiction only.

• Source Code Policies By default EZEON does not provide Project/Product source code, developer API, API Docs and Project Documentations. When client demands for these we charge separately. The cost vary from project to project.
• New Application/Service warranty and limitations Broadly after completion(UAT)/Implementation of any software-project 30 days duration will the warranty period in software application. During this period EZEON is responsible to fix/resolve issues/bugs if found(problem in existing work), basic label changes and basic validation change. No change in business functionality, business flow, new-forms, adding new fields in form, design-change and customization will be covered during the warranty period. For customization and change user has to subscribe our maintenance services separately or pay necessary charges.
• EISdigital Software Platform is facilitating Institute/Schools etc to computerized their business process. Its a shared platform. Any changes made on product is generally available for its all users. However some of them are add-on and chargeable.
• Responsibility of Communication(SMS, Email, Mobile Notification etc) through EISdigital.com Platform - Any communication through EISdigital or our product is sole responsibility of client/institution. And any dispute in this regard is not EZEON’s responsibility.
  
• Change Request(CR) - CR charges are separate. Once changes are made on product its non-refundable. Also the changes are usable by client till their subscription is continue. Once their service is closed/discontinue, changes/features cannot be given or accessible to client.
• Delay Payment Policy

• (a) The service may be interrupted when payment is delayed
• (b) When payment is delayed from due date 5% will be charged extra on due-amount till first 15 days after that either service will be terminated or 5% extra charge will be continue for another(next) 15 days

• Official Contact

• (a) Our official communication address is 63, Zone-1, MP Nagar, Bhopal-462011, India
• (b) Official Email is: contact-at-ezeon.net
• (c) We usually communicate to user through emails from ezeon.net or ezeontech.com or service related domain

• Licensing issues in client application and technologies used in their product and services will be solely owned by user/client itself. Once the project is released EZEON has no concern with Licensing matter in client-applications.
• Partner Program : EZEON team check the party/person/company background and validate the necessary details. Deposit policy may be applicable if required. When all criteria is satisfied, party will be eligible for partner program. Also is for limited parties and final decision will be EZEON’s. Written agreement is mandatory in partner program. Partner Program is separate from “multiple license subscription and using for multiple branches/centers”.
• Software License Distribution Rights: Its only done by EZEON. No one has rights to sell, resell, customize and distribute software and service in any form. Any organization purchasing license for single or multiple branches can use our software and service but they cannot claim ownership on our software, even after branding/white-labeling subscription and not authorized for resell and distribute on their names and under their own business-brand. STRICT LEGAL ACTION WILL BE TAKEN IF SOMEONE FOUND INVOLVED. Partnership Program is designed separately for this purpose if someone interested in license distribution and resell process of our software and services.
  
• Pirated Information: Data/Images/Video/Audio of anything which is being used in application is solely owned by Client itself. Once the project is released EZEON has no concern with Licensing matter in client-applications.
• Re-activate/Re-enable Service or Product is possible on "as is" and "as available" basic. Also the due charges and activation charges must be clear to activate services.
• Web Branding(White Labeling):
  1. (a) Client domain name(Example: www.your-website.com) will be pointing to our cloud server through compulsory SSL(HTTPS) connection
  2. (b) Client logo and company name will be added throughout the application
  3. (c) Content/material position, text color, icon and images cannot be customized and changed. Only name and logo will be replaced.
  4. (d) Email : Client Institute name will be display in "FROM-MAIL" and email signature will be all yours. Also "REPLY TO" email id will be yours. "FROM-EMAIL" is using our-company-email service domain (Ex. eisdigital.net). We are using premium email service from "SendGrid" in our software. If client want to see their own email in "FROM-EMAIL" they have to purchase separate license from SendGrid, which cost approx $15 monthly for 40000 email credits (Essential Plan).
  5. (e) Domain and SSL Certificate must be provide by client (approx : 700+1800=2500/- yearly expense)
• Android Branding (White Labeling):
  1. (a) Client logo and name displayed on Android app - throughout application
  2. (b) App hosted in Google Playstore under your brand name / institute name Please note - content/material position, text color, icon and images cannot be customized and changed. Only name and logo will be replaced.
  3. (c) The app will be listed in our Google Play Store Account (EZEON T. Pvt Ltd)
  4. (d) (Optional) If client is interested to host app in their own Google Play account then additional Playstore fees applicable. Also our annual maintenance charges will be increased by Rs. 2000.
• Dispute on User/Client website is not EZEON’s responsibility.
• Any issues on Third-party tools and products or service are not EZEON’s responsibility
• These terms and conditions will be applied with other user/product/service-specific terms and conditions(when/if required).