Supply of Software Products & Application Terms and Conditions
“Company” means Paramount Infotech
“Customer” means the person, firm, company or other organisation purchasing the product.
“Confidential Information” means all information confidential to the Customer whether relating to the Customer’s business, customers, clients, suppliers or otherwise but excluding information now or at any time hereafter becoming generally known or accessible to the general public (unless due to the default of the Company hereunder) and information obtained by the Company from a third party free of restrictions on use or disclosure.
“Contract” means the agreement between the Customer and the Company covering the products provided.
“Products” means the products and/or services to be delivered under this Contract.
“Product Owner” means legal owner of software product.
INVOICING & PAYMENT
All invoices raised under a trade account must be settled by the Customer within 30 days of the date in the invoice. Any disputed item must be notified to the Company by the Customer within 14 days.
Without prejudice to any other contractual right, the Company reserves the right to charge interest on overdue invoices at a rate of 3% above Bank of England Base Rate, compounded monthly until settlement.
Prices quoted on Renewal Quotations are based on the Euro/£ exchange as at the date shown on the quotation. The Company reserve the right to amend the final invoice should the exchange rate change by more than 2% up or down before payment received.
If payment for a licence renewal is not received by the due date stated on the renewal quotation, then the Company reserve the right to deem the licence expired and for any renewal to be invoiced at full list price.
The Company warrants that it has good title to, or licence to, supply all Products to the Customer.
If any part of the Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired or replaced only in accordance with any warranty cover and terms provided by the manufacturer of the Product PROVIDED THAT no unauthorised modifications to the product have taken place. The Company is not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non-conforming parts.
All software Products supplied hereunder are supplied “as is” and the sole obligation of the Company in connection with the supply of software Products is to use all reasonable endeavours to obtain and supply a corrected version from the manufacturer concerned in the event that any such software Product should fail to conform to its product description PROVIDED ALWAYS THAT the Customer notifies the Company of any such non-conformity within 90 days of the date of delivery of the applicable software product.
If the Products are rejected by the Customer as not being in accordance with the Customer’s order pursuant to Clause 6.2 or 6.3, the Company will only accept the return of such Products provided that it receives notification thereof giving detailed reasons for the rejection. The Company will not consider any claim for compensation Indemnity or refund until liability, if any, has been established or agreed with the manufacturer and where applicable the insurance company. Under no circumstances shall the invoiced Products be deducted or set off by the Customer until the Company has passed a corresponding credit note.
The Company’s maximum aggregate liability for any and all losses, claims, demands, damages, costs. and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these terms and conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to the Company for the Products which are the subject of the order confirmation in question.
PROPRIETARY RIGHTS IN SOFTWARE APPLICATIONS
The Customer hereby acknowledges that any proprietary rights in any Product supplied hereunder including but not limited to any title or ownership rights, patent rights, copyrights and trade secret rights shall at all times and for all purposes rest and remain vested in the Product Owner.
The Customer hereby acknowledges that it is its sole responsibility to comply with any terms and conditions of licence attached to Products supplied and delivered by the Company (including if so required, the execution and return of a Product licence). The Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the Product Owner. The Customer further agrees to indemnify the Company in respect of any costs, charges or expenses incurred by the Company at the suit of a Product owner as a result of any breach by the Customer of such conditions.
No title or ownership of software products or products of any software products or any software licenced under this Contract is transferred to the Customer under any circumstance.
Neither party shall be deemed by virtue of this Contract to be an agent or the partner of the other and each party will make clear in all dealings with third parties that it has no authority to make representations on behalf of the other or to bind the other contractually with any third party.
If any of the terms of this Contract are held to be void or unenforceable by any reason of law they shall be void or unenforceable to that extent only and no further and all other terms shall remain valid and fully enforceable.
The Customer shall not have any right of set-off.
No indulgence granted by either party to the other in relation to any term hereof shall be deemed a waiver of such term or prejudice the later enforcement of that or any other term hereof.
The headings in this Contract are for convenience only and shall not affect its interpretation.
The Contract shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.
Copyright © 2020 Paramount Infotech All rights reserved.
By registering, you certify that all information you provide, now or in the future, is consistent. Paramount Infotech reserves the right, in its sole discretion, to deny you access to this website or any portion thereof without notice for the following reasons (a) immediately by Paramount Infotech for any unauthorized access or use by you (b) immediately by Paramount Infotech if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement.
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By Submitting your details on REGISTER FOR FREE TRIAL Form of our website your are accepting to receive calls from our department. This includes DND / NON-DND Numbers as well.
Paramount Infotech, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access Paramount Infotech provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this USER AGREEMENT.
DELAYS IN SERVICES
Neither www.pmtinfotech.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. www.pmtinfotech.com shall have no responsibility to provide you access to www.pmtinfotech.com while interruption of www.pmtinfotech.com is due to any such cause shall continue.
COPYRIGHT & NO RETRANSMISSION OF INFORMATION
Paramount Infotech as well as the design and information contained in this site is valuable and exclusive property of Paramount Infotech, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All signal information on www.pmtinfotech.com is the proprietary and confidential property of www.pmtinfotech.com and cannot be repeated for any reason outside www.pmtinfotech.com . You agree not to repeat or rebroadcast in any way any of the signal call information made on www.pmtinfotech.com for any reason whatsoever. You agree that if you do repeat or re-post any of www.pmtinfotech.com signals by any means, you will be liable for actual and punitive damages as determined by www.pmtinfotech.com and additional damages to be determined by a Indian court of Law.
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by www.pmtinfotech.com prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share www.pmtinfotech.com, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by www.pmtinfotech.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of www.pmtinfotech.com without prior written authorization Except as set forth herein, any other use of the information contained in this site requires the prior written consent of www.pmtinfotech.com and may require a separate fee.
You expressly agree that use of the website is at your sole risk. the contents, information, software, products, features and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. www.pmtinfotech.com and/or its respective suppliers may make improvements and/or changes in this web site at any time. This web site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. www.pmtinfotech.com (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as associated entities hereafter) shall not be liable to user or member or should www.pmtinfotech.com exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on this website.
www.pmtinfotech.com and/or its respective associated entities make no representations about the suitability of the contents, information, software, products, features and services contained on this web site for any purpose. All such content, information, software, products, features and services are provided “as is” without warranty of any kind. www.pmtinfotech.com and/or its associated entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
In no event shall www.pmtinfotech.com and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this website, or for any content, information, software, products, features and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if www.pmtinfotech.com.com or any of its associated entities has been advised of the possibility of damages.
Paramount Infotech strictly follow Trading Principle and Stop Loss Policy wherein Customer by default agree to not do/enter
any trade without Pre Informed/defined Stop Loss.
For this reason, we strongly recommend that before payment, our visitors
Read all information about our products, services and support given to our clients.
Read all About Us and our technical Team.
Read the Help and Frequently Asked Questions (FAQ) sections.
Do not allow children or other unauthorized family members or friends to access your credit cards or your account at the payment site to ensure that no one pays for a Membership without your permission.
By making a payment for Membership to our site, you acknowledge that you have read and agree to the above No Refund and no Cancellationn Policy.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS www.pmtinfotech.com (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of www.pmtinfotech.com (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in writing signed by www.pmtinfotech.com
LINKS TO THIRD PARTY SITES
The links in this site will allow you to leave www.pmtinfotech.com. The linked sites are not under the control of www.pmtinfotech.com. www.pmtinfotech.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by www.pmtinfotech.com of the site.links to www.pmtinfotech.com shall be governed by a separate agreement.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS
If this Web site contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computerConduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access www.pmtinfotech.com, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access www.pmtinfotech.com.
You acknowledge that the information provided through www.pmtinfotech.com is compiled from sources, which are beyond the control of www.pmtinfotech.com Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and www.pmtinfotech.com does not warrant the consistency or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, YOU ACKNOWLEDGE THAT www.pmtinfotech.com IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. www.pmtinfotech.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF consistency, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN ADDITION, www.pmtinfotech.com, IN PROVIDING THE INFORMATION MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY, MARKET PARTICIPANT, OR BROKERAGE. FURTHER, www.pmtinfotech.com DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
Under this User Agreement, you assume all risk of errors and/or omissions in www.pmtinfotech.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the consistency and suitability of www.pmtinfotech.com, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
You agree that www.pmtinfotech.com (including its and their officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use www.pmtinfotech.com for any purpose whatsoever. www.pmtinfotech.com and it’s affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party.
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of www.pmtinfotech.com
If www.pmtinfotech.com takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, www.pmtinfotech.com. shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and www.pmtinfotech.com. By using the Information on www.pmtinfotech.com., you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. www.pmtinfotech.com does not guarantee the consistency, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, www.pmtinfotech.com or other of the purchase or sale of securities. The service is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. Specifically, www.pmtinfotech.com disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, consistency, usefulness, or content of information, products or services; and (ii) any warranties of title, warranty of non-infringement and warranties of merchantability or fitness for a particular purpose. this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. Neither www.pmtinfotech.com nor any of its employees, agents, successors, assignees, affiliates, group companies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of the use of the service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of www.pmtinfotech.com, its employees, agents, successors, assignees, affiliates, group companies and content or service providers respective liability is limited to the amount provided under said law. Further, you agree and understand that all services provided are non-refundable and that you should carefully consider whether our services are able to meet your needs.
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by www.pmtinfotech.com for any unauthorized access or use by you (b) immediately by www.pmtinfotech.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or Cancellationn of this Agreement shall not affect any right or relief to which www.pmtinfotech.com may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to www.pmtinfotech.com. Except as set forth herein, regardless of the reason for Cancellationn or termination of this User Agreement, the fee charged if any for access to www.pmtinfotech.com is non-refundable for any reason.
All disputes, differences and questions of any nature which at any time arise between the parties to this agreement out of the construction of or concerning anything contained in or arising out of this agreement or as to the rights, duties or liabilities under it or the parties to it shall be referred to the sole Arbitrator under the Arbitration and conciliation Act, 1996. The sole Arbitrator shall be appointed by the Managing Director of Paramount Infotech. The Arbitration Proceedings shall be held at Indore (Madhya Pradesh) India. The Place of Arbitration will be at Indore (Madhya Pradesh) India. The laws prevailing in India Shall alone apply to the Arbitration Proceedings between the parties.
Both the Parties agree that all claims, differences and disputes, including any agreements, contracts and transactions made with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfillment or the rights, obligations and liabilities of the parties thereto and including any question of whether such dealings, transactions MOA, or contracts have been entered into or not, shall be subject to the exclusive jurisdiction of the Courts of Indore only.