TERMS &
CONDITIONS

1. DEFINITIONS

The following terms shall have the meanings assigned to them unless otherwise stated:
  • Charges: All fees invoiced by EncureIT in consideration for the Services.
  • Applicable Laws: Any laws, rules, regulations, guidelines, or policies applicable to the agreement.
  • Content: Any material sent by the Client through EncureIT’s platforms and services, including but not limited to SMS and WhatsApp messages.
  • Client: The legal entity entering into this agreement with EncureIT.
  • Subcontractors: Third-party contractors, vendors, or consultants engaged by the Client.
  • Party / Parties: Refers individually to the Client or EncureIT and collectively to both.
  • End User: Any third party receiving content from the Client.
  • Intellectual Property Rights: Includes patents, trademarks, copyrights, and other proprietary rights.
  • Code of Practice: All applicable industry standards and regulations.

2. SERVICES PROVIDED BY ENCUREIT

  • EncureIT shall provide software development, IT consulting, enterprise solutions, and messaging services, including SMS and WhatsApp messaging solutions.
  • EncureIT shall maintain adequate technical infrastructure to support the agreed services.

3. CLIENT OBLIGATIONS

  • The Client shall provide accurate and up-to-date information.
  • The Client shall obtain all necessary approvals and consents for EncureIT to provide the services.
  • The Client shall ensure data security and prevent the transmission of malicious code.
  • The Client shall be responsible for its own content and its compliance with applicable laws.
  • The Client shall not use EncureIT’s services for unlawful activities.
  • The Client agrees to ensure compliance with applicable messaging regulations for SMS and WhatsApp communications.

4. TECHNICAL SUPPORT TERMS

  • EncureIT may provide an administrative control panel for the Client to monitor its usage.
  • Technical support is available for platforms developed by EncureIT.
  • EncureIT shall offer 24/7 technical support based on the agreed service terms.

5. MODIFICATION OF AGREEMENT & SERVICES

  • EncureIT reserves the right to modify or discontinue services with a 30-day prior notice.
  • Pricing modifications shall be communicated with at least 7 days’ notice.

6. DURATION AND TERMINATION

  • Either Party may terminate this agreement with 30 days’ prior written notice in case of a material breach.
  • EncureIT reserves the right to terminate services without notice in case of non-payment or regulatory non-compliance.
  • Upon termination, the Client shall clear outstanding dues and cease use of EncureIT’s services.

7. DISCLAIMER OF WARRANTIES

  • EncureIT provides its services on an “as-is” and “as-available” basis.
  • EncureIT does not guarantee uninterrupted or error-free service performance.
  • EncureIT shall not be liable for failures due to external factors like network issues or regulatory changes.

8. INTELLECTUAL PROPERTY

  • All rights, titles, and interests in EncureIT’s proprietary technology and intellectual property remain with EncureIT.
  • The Client shall not copy, modify, or distribute EncureIT’s intellectual property without prior consent.

9. LIABILITY

  • EncureIT shall not be liable for indirect, incidental, or consequential damages.
  • The maximum liability of EncureIT under this agreement shall not exceed the total fees paid by the Client in the last 12 months.

10. CONFIDENTIALITY

  • Both parties shall maintain confidentiality of sensitive business information.
  • Confidentiality obligations shall survive termination of the agreement.

11. FORCE MAJEURE

  • Neither party shall be held liable for delays or failures due to unforeseen circumstances beyond their control.

12. INDEMNITY

  • The Client shall indemnify EncureIT against any third-party claims arising due to the Client’s actions or breach of contract.

13. RELATIONSHIP BETWEEN PARTIES

  • This agreement does not constitute a partnership, joint venture, or employer-employee relationship.

14. TERM AND TERMINATION

  • This agreement shall remain valid unless terminated in accordance with the terms stated herein.
  • Either party may terminate by providing a one-month prior notice.

15. GOVERNING LAW AND DISPUTE RESOLUTION

  • This agreement shall be governed by Indian law.
  • Any disputes shall be resolved through arbitration in Pune, India, under the Arbitration and Conciliation Act, 1996.

16. NOTICES

  • All notices shall be sent to the registered address or email of the respective parties.

17. CONTACT

  • For any queries related to this agreement, the Client may contact EncureIT Systems Private Limited.