MASTER SERVICE AGREEMENT
[Hereafter we refer to Vitruvian Technologies Pvt Ltd as the `Company', the user will be referred to as the `Client']
The Company is totally committed to privacy issues on the Internet and in general has no objection to users downloading the mobile app and accessing the web application without providing any personal information. However, access is available only when the Client subscribes to it and personal information will be required at that point.
The Company will share/ disclose the Clients' information in the following ways:
Business critical data
We follow industry standard security measures and every effort is made to prevent the loss, misuse, alteration, or unauthorised disclosure of information. Information is stored in a secure database servers hosted with the Amazon Cloud.
Any and all information pertaining to the Client's business is accessible only to the top management and technical architects. They access this data only for backup, technical upgrades, for heuristic purposes, and such services which require the information to operate, develop, or improve the services.
Though we ensure that all possible precautions are taken for the loss, misuse or illegal access of the information, the final backup safety is governed by the rules of the Vendors who host our servers, and the Company would not be responsible for data loss of any kind in case of extreme conditions like fire, earthquake, disk failure of hosting vendors, etc.
For offline software deployments, the Company does not take any responsibility for loss, misuse, alteration, or unauthorised disclosure of data.
Some pages on our application use `cookies'. Cookies are small files that are placed on the hard drive for identification. This ensures that the next time somebody visits the site/ application, it is registered and customized. You can still choose to accept or reject the cookies, but some pages may not be accessible without accepting them.
You may also find links to other sites/ applications such as our partners and affiliates. While we make sure that highest levels of standards are maintained with those who share our enthusiasm for internet privacy, we are not responsible for the content or the privacy practices employed by other sites/ applications.
The performance of RSquare online depends on the Clients' internet bandwidth (the minimum is 512 Kbps).
The Company bears all responsibility of keeping and ensuring that the passwords are kept in a safe and secured manner and are not disclosed to any person or entity. In such cases where it is shared with other parties, they will bear all liability that may occur as a result of the password being used by third parties.
When the Client shares information regarding Properties/ Projects with Third parties for display on social media and other partner property portals, we do not undertake the responsibility for information you share with them.
The Client hereby agrees to immediately notify The Company of any unauthorised use of their account or any information regarding breach of security.
When the Client signs up for AMC, the Company delivers upgrades to all its online users. The version upgrades usually contain new features, and improvements in the software to enhance performance and functionality. The Company decides on the changes and the new features.
The Client hereby acknowledges that the Software cannot be guaranteed to be error-free. In particular, we do not guarantee that the software will detect and/ or remove all malicious software, recover all data, rectify all errors, or otherwise identify and address all potential factors that could negatively affect the performance and security of your system.
Apart from any warranties implied by the law and that you cannot lawfully exclude (`Legally Implied Warranties'), the Company does not provide any warranties in relation to the software including, but not limited to the merchantability, non-infringement or the performance or fitness for the purpose of the Software. To the maximum possible extent, we also exclude the Legally Implied Warranties.
Under no circumstances and under no legal theory, whether contract or otherwise, will the Company or its suppliers or resellers be liable to or for any direct/ indirect, special, incidental, or consequential damages of any kind including, without limitation, to damages for loss of goodwill, loss of data, economic loss, damages for work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
The Company provides telephonic and email support. This might involve the use of desktop sharing software such as Team Viewer or Ammyy Admin.
The intellectual and perpetual rights to the software resides with Vitruvian Technologies Pvt. Ltd only.
FTP/ DB access is strictly confidential and will NOT be shared with any customers.
Fair Usage Policy:
The Company allows the Client to store/ publish unlimited number of properties and projects. However, the customer must not misuse this service as data leads to usage of disk space, bandwidth, databases and other resources which are not unlimited.
The following (including but not limited to) is NOT PERMITTED:
The Company's standard edition comes with a single user login. Additional users would be billed @ INR 1500 per user per year.
Client websites will be made exactly as per the template chosen by the client. It must be noted that the same template may be given to multiple customers.
The website will go live with default content. Clients will be given an online training to use the content management system to change /add new content on the website.
The changes on the website content will not be done by The Company's support desk and will have to be done by the clients using the content management system. In case the Client wants us to change the content, it will be charged as is.
The Client can use the content management system to manage their website. In case the Client wants The Company to manage the website, then the Client needs to enter into a yearly contract using details found in SOW for Website AMC.
The website template once selected cannot be changed, and will be delivered as is or in a different color scheme if requested by the client.
The real estate features present on the website will be delivered as is, unless specified otherwise. No customization of the features already present will be done.
Client websites are sold as a service which means that the ownership of the source code stays with Realty Redefined.
FTP / DB access will not be shared.
The Company holds the right of leaving a signature in the footer of client website to advertise its brand.
The term of service for these websites will start from the date of order confirmation and will end after one year of service.
In case of a server crash, Client websites will be restored to the default instance given to you at the time of deployment or the last backed up instance.
The website uses services provided by Google like Google Map and Walk Score. The Company does not take guarantee of performance and continuity of these third party services.
Cancellation / Refund policy:
We do not issue any refunds.
Third Party Terms:
Clients undertake that their customers will maintain a list of their current employees, customers, clients, its students and their parents/ guardians and will send messages only in compliance with the rules, regulations, guidelines, directions of the TRAI and/ or TCCP.
Clients will provide auditable reports, showing that their messages are sent only to their employees, customers, clients, their students, their parents/ guardians along with the proof they they are their employees, customers, clients, students whenever requested. This will help the Company validate that our Clients communicate only with their customers, employees, clients, or students, and to prove/ disprove any complaints obtained thereof.
The services provided to Clients under this Agreement include certain services developed, provided or maintained by third-party service providers. Access to or use of any those services ("Third Party Services") by our customers is subject to any separate agreement that customers may enter into (or may have entered into) relating to those Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement. All other Third Party Services will be subject to the terms of this Agreement. Each Third Party Provider retains all right, title and interest in and to all Third Party Services and all software, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto. Each Third Party Provider will be a beneficiary of the terms of this Agreement as to the Third Party Services provided by the Third Party Provider and will have all rights necessary to enforce this Agreement against customers in the case of any breach of those terms.
Our client represents, warrants, and covenants that: (1) Client has the legal right and authority to enter into this Agreement; (2) Client has the legal right and authority to perform his obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement client enter into in connection with any of the services provided under this Agreement; (3) all Content is in compliance with the terms of this Agreement; and (4) Client will access and use the services provided under this Agreement is in compliance with the terms of this Agreement.
Disclaimer. THE SOLE WARRANTIES REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE THOSE EXPRESS WARRANTIES (IF ANY) PROVIDED TO CLIENT BY COMPANY UNDER THIS AGREEMENT. ALL THIRD PARTY SERVICES ARE PROVIDED BY EACH THIRD PARTY PROVIDER STRICTLY "AS IS" AND "AS AVAILABLE" AND ALL THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ALL THIRD PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLIENT OR ANY THIRD PARTY PROVIDER WILL CREATE ANY WARRANTIES BY OR ON BEHALF OF THIRD PARTY PROVIDER.
Client agrees to and hereby does indemnify, defend, and hold harmless the Company, its Third Party Providers and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from or relate to any claim or allegation against any Indemnified Party arising from Client accessing or using the services provided under this Agreement (including any Third Party Services) or from any email or other communication generated or sent through such services or any content contained therein, whether or not in breach of this Agreement.
Limitation on Liability.
CLIENT AGREES THAT RESPONSIBILITY AND LIABILITY FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT IS STRICTLY WITH THE SERVICE PROVIDER. NO THIRD PARTY PROVIDER WILL HAVE ANY LIABILITY UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY SERVICES PROVIDED UNDER THIS AGREEMENT (INCLUDING THIRD PARTY SERVICES), INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER FORM DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN JURISDICTIONS WHERE THE FOREGOING LIMITATION OF LIABILITY IS NOT PERMITTED, THE LIABILITY OF ANY THIRD PARTY PROVIDER WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Client will be responsible for all data, information and other content ("Content") provided by the Client in connection with the services provided under this Agreement. The Client will not provide and will not permit any third party to provide or to use the services provided under this Agreement to provide, any Content that: (a) infringes, misappropriates or violates any intellectual property or other rights of any third-party; (b) is defamatory, harmful to minors, obscene or child pornographic; (c) contains any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or (d) is false, misleading or inaccurate. The Company and its Third-Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. The Company and its Third Party Providers may take remedial action if any Content violates this Section, however the Company and its Third Party Providers are under no obligation to review any Content for accuracy or potential liability.
The Client grants to the Company and its Third Party Providers all necessary rights and licenses in and to all Content necessary for the Company and its Third Party Providers to provide the services under this Agreement. The Client will maintain an adequate backup of all Content and the Company and its Third Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of any Content. The Client represents and warrants that the Client has all necessary right, title, interest and consent necessary to allow the Company and its Third Party Providers to use all Content as set forth in this Agreement and as otherwise necessary to provide the services under this Agreement.
Personal information for propagating business
Sometimes, we do request some personal information from the Client, like your name, email address, company name, or telephone number. It is your choice whether you want to provide these or not. Any and all information that you do provide will be considered strictly voluntary. The Company uses this information only for evaluation purposes, such as feedback regarding your experience. The Company may use this information to help serve you better by informing you of new services, products, alliances, etc that could better your business or user experience.
In general, you can visit our site/ application without providing the information requested. However, some of the functions on the site will only be made available after the details are filled. All the information that you provide will be considered to have been provided with your full consent, own volition, and desire to provide the information. You consent to your name being used in collaterals, websites, and any other promotional marketing material. You also agree that we do not verify the source from which the personal information about you is provided to us and they are deemed to be provided by you.
If you have any questions about this privacy statement, please contact:
Vitruvian Technologies Pvt Ltd.
A Wing, 401-406, Sagar Tech Plaza,
Andheri Kurla Road, Saki Naka,
Andheri East, Mumbai - 400072.