Terms & Conditions
1. Acceptance of Terms
Your access to and use of Premium Softwares website (“the Website”) is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance.
Premium Softwares will carry out work only where a written purchase order is provided by mail.
3. Changes to Website
Premium Softwares reserves the right to:
3.1 Change or remove (temporarily or permanently) the website or any part of it without notice. Premium Softwares shall not be liable to you for any such change or removal.
3.2 Change these terms and conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
4. Website Design
Though every effort will be made to ensure that the website and any work done by us is free of errors but Premium Softwares cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it or a bug. The web server, website, graphics and any programming code remain the property of Premium Softwares until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by Premium Softwares remain the copyright of Premium Softwares and may only be commercially reproduced or resold with the permission of Premium Softwares.
Premium Softwares cannot take responsibility for any copyright infringements caused by materials submitted by the client.
Any additions to the brief will be carried out at the discretion of Premium Softwares and where no charge is made by Premium Softwares for such additions, Premium Softwares accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Premium Softwares will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Premium Softwares will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
5. Database, Application and E-Commerce Development
Premium Softwares cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not provided by Premium Softwares, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Premium Softwares before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Premium Softwares will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
6. Website Hosting
Whilst Premium Softwares offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Premium Softwares cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Premium Softwares reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Premium Softwares can cancel the said service and not liable for any data lost as a result of the cancellation.
7.1 All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are partially owned by or licensed to Premium Softwares or otherwise used by Premium Softwares as permitted by law.
7.2 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
7.3 If a person/company on the web owns the copyright of any published material, Premium Softwares will provide a credit by publishing a name against that content or will remove that content (Note: The content copyright date should be prior to the date we published.). No compensation will be provided in terms of money.
8. Disclaimers and Limitation of Liability
8.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, Premium Softwares will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
8.2 Premium Softwares makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10. Payment of Accounts
A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by Premium Softwares on behalf of the client are payable in advance and are non-refundable.
It is the Premium Softwares policy that any outstanding accounts for work carried out by Premium Softwares or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Premium Softwares. If accounts are not settled or Premium Softwares has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts.
12. Disabling Devices
If the user wants to post any content on the website, he/she should refrain from uploading any posting or postings which contain any viruses or other contaminating or destructive devices. We strive to ensure that our website is free from any such viruses/ devices or features but we give no warranty to that effect and will accept no liability whatsoever for any loss or damage suffered by the user.
13. Access to Password Protected Areas
Access to and use of specific areas of this website requiring a password is restricted to authorized users only. These areas are regulated by a separate legal agreement between Premium Softwares and the user. Unauthorized access will be prosecuted.
14. Advertising & Sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Site complies with international and national laws. We will not be held responsible for any error or inaccuracy in advertising material.
We understand the importance of confidentiality to the successful planning, establishment and running of your business. Therefore, we will not use, divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of any customer, prospective customer, or supplier of Premium Softwares, or any of our international distributors. All of us shall endeavor our best to prevent the publication or disclosure of any confidential information concerning such matters.
16. User Information
We encourage feedback on how to improve this website. Feedback may be e-mailed to [email protected] Any feedback hence received shall be deemed to be non-confidential and Premium Softwares has the right to use such information in any way we deem to be fit. Users therefore agree that any information provided to us shall not contain defamatory, offensive, threatening, obscene, harassing, infringing or otherwise unlawful material or proprietary material. We shall not be held liable for any such material and we reserve the exclusive rights to remove it from the website without liability.