Jain Software Private Limited – Terms and Conditions

These Terms and Conditions apply to the Jain Software Private Limited, MNCHOST Inc, TechNIERA Inc, HACKERSMIND Inc, AppleOfficer Inc, MNCHOST IT SERVICES PRIVATE LIMITED,AnajShop,KarloShop,SohilJain.com) (collectively, the group of companies) called as Jain Software Foundation.

These Terms and Conditions may be changed at any time by Jain Software Foundation without notice. In the event of any such changes, you shall be prompted to accept the revised Terms and Conditions the next time you enter the Site.

Graphics, Stock Photos, Content, and other multimedia elements or related inputs are to be supplied by clients for Software Development, App Development, or Website Development.

1. App Development: App Development on android or iPhone is abode by these terms and conditions.
2. Software Development: Development of software from Level I to Level V on any programming language and on any technology are abide by these terms and condition
3. Servers: The client understands that any server services may require a separate contract with a web hosting service.
4. Search engine submission: Site publication to any major search engines (which are free Such as Google, AltaVista, WebCrawler, Lycos, etc.) Any search engine like Yahoo, Bing will attract an additional cost, for submission.
5. Maintenance and Hourly Rate: This agreement includes minor maintenance to regular software/app/website over a period of 3 days, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text on the content or changing the design. The 3 days maintenance period commences upon the date the client’s software/app/website is officially published to the web and the sign-off process has been completed. The average hourly rate for any service is INR 2000/hour or $129/hour (if  out of india company) which can vary based on service.
6. Legal: Jain Software Foundation does not warrant that the functions contained in these Webpages or the Internet website will meet the client’s requirements or that the operation of the Webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Webpages and website is with the client. In no event will Jain Software Foundation be liable to the client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these Webpages or website, even if, Jain Software Foundation has been advised of the possibility of such damages.
7. If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
8. Copyright to App/Software/Webpages: Copyright to the finished/assembled work of App produced by us is owned by Jain Software Foundation. Upon final payment of this contract, the client is assigned rights to use the website & the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, remain the property of the JAIN SOFTWARE PRIVATE LIMITED. The client can opt for Source Code Limited License from JAIN SOFTWARE PRIVATE LIMITED by paying  500% of the actual project budget + INR 50,000 fixed fee + Legal Fee. The client can opt for Source Code Extended License from JAIN SOFTWARE PRIVATE LIMITED by paying  900% of the actual project budget + INR 50,000 fixed fee + Legal Fee via bank transfer only. 
9. Jain Software Foundation retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
10. Jain Software Foundation assumes Client has permission from the rightful owner to use any code, scripts, data, and reports that are provided by the project owner for inclusion in its materials, and will hold harmless, protect, and defend Jain Software Foundation from any claim or suit arising from the use of such work.
11. Jain Software Foundation retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.

In case of any abusive email MNC Host Inc., part of Jain Software Foundation has the right to suspend a particular user or whole server without prior notice, although we always try to intimate customers before suspending any service.

“3rd Party” Server Terms and Conditions

If Client /Customer /Project Funder/Project Owner would like to opt for 3rd party server and not want to go with Jain Software Private Limited’s server, the client can opt it under the following conditions :

A. The Client /Customer /Project Funder/Project Owner needs to sign the Code Tamper Agreement stating any degradation of functionality due to a 3rd party server or any downtime or any issues that happen in the project will not be the liabilities of Jain Software Private Limited.  Such cases will not be covered under AMC and will be chargeable based on the severity of the issue!

B. The Client /Customer /Project Funder/Project Owner needs to pay encryption charges of the source code that going to be deployed on 3rd party server. Encryption charges will be the minimum fixed 50% of the project budget + convenience fee + legal fee. The tamper in the encrypted or unencrypted source code is not allowed and any such incidence will lead to B1. Suspension of the project, B2. Minimum INR 50,000 fixed Penalty and B3: legal actions.

Or

The Client /Customer /Project Funder/Project Owner can ask for a similar server configuration from Jain Software Private Limited at the same price. Jain Software Foundation reserves the right to decline such requests.

Or

The Client /Customer /Project Funder/Project Owner will notify Jain Software Foundation in writing that they want to switch to a third party server and provide the configuration of the server to Jain Software Foundation. The Client /Customer /Project Funder/Project Owner will need to provide vendor details in 7 working days of the signoff of the project else Jain Software reserves the right to suspend the operation and project. The Client /Customer /Project Funder/Project Owner needs to pay the server charges to the Jain Software Foundation and Jain Software Foundation will purchase the server on Client /Customer /Project Funder/Project Owner’s behalf. All root logins where source code going to be deployed will be the IPR – intellectual property rights of the Jain Software Foundation. The Client /Customer /Project Funder/Project Owner can have full access to the Database.

Or

The Client /Customer /Project Funder/Project Owner must purchase the limited or extended source code license before requesting Jain Software Private Limited for deploying source code into the 3rd party server.

C. The Client /Customer /Project Funder/Project Owner should request the minimal configuration of the server in 72 working hours before proceeding with any 3rd party server request. The Client /Customer /Project Funder/Project Owner has to purchase a similar or higher configuration of the server from the minimal configuration provided by Jain Software Foundation in 7 working days of the signoff of the project.

D. Every software installation, plugin installation, firewall, cache concept implementation, control panel installation, and all related tasks of the server will be managed by Client /Customer /Project Funder/Project Owner and in case Jain Software Foundation manage them, it will be chargeable in one time and recurring basis.

E. The deployment of codes in any 3rd party server is chargeable and will not be covered by Project development cost or designing cost or other old payments. It will range from INR 20,000 to INR 5 Lakhs / per app /per website/ per system.

Imp: Unsuspension charges will be INR 10,000 + 15% of the project development cost.

The late fee on any due amount will be 15% of the due amount + number of days * 100 INR.

Payment Mode Terms & Conditions

• 50% of the total amount should be paid at the time of sign-in for the project.
• Remaining 50% on the completion of the project (When project signoff will be carried out).
• NOTE: ALL BANK CHARGES INCLUDING TRANSFER CHARGES ARE TO THE A/C OF PAYEE.
• If the client fails to pay 50% of the project initiation amount, Jain Software reserves the right NOT to start the project or discontinue the project after the invoice/bill due date.
• The client can pay the amount from credit/debit/bank transfer but should be before the invoice due date.
• Payments from cheques are not acceptable.
• 25% to 75% NDA charges will be levied if NDA is signed. If NDA “Non-Disclosure Agreement” is not signed by the client i.e project signer/funder, Jain Software, and associating companies logo + name will be shown in final deliverables. All final deliverables developed by Jain Software will have the credit of Jain Software’s name and logo that’s not limited to the app or website footer.
• If client/project signer/project funder signed app under startup initiation program, the client/project signer/project funder STRICTLY NEED TO ADHERE ALL COMPLIANCE AS PER MoU else it will be marked as canceled and the funded “support amount” to the project by “Jain Software” as funding or discount for “client /project owner/project signer”  MUST return BACK to “Jain Software Private Limited” with Interest in 7 working days.
• Payment less than INR 40,000 must be paid 100% in advance.

MODIFICATION

Jain Software Foundation reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes Jain Software Foundation may reasonably make to this agreement when such changes are made. If you have purchased services or software from Jain Software Foundation, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

AMC & Server Charges

Client should have to opt for AMC charges for everyyear which will vary from 15% -25% of whole project amount .Server charges will depend on server configuration as per project .Unpaid AMC will result in suspension of all maintenance services and also impose 20% late fee on same.

At any condition, the client cannot resell software or app to any other client and ask for AMC for the same. It is strictly prohibited and will lead to a penalty of 300% of the actual project cost with fixed 50,000 rupees.

SOURCE CODE Charges

The client can opt for a source code LIMITED license upon paying a minimum of 500% of the project budget (The project cost for which the client looking for source code) + INR 50,000 NON-REFUNDABLE processing fee.

The client can opt for Source Code Extended License from JAIN SOFTWARE PRIVATE LIMITED by paying  900% of the actual project budget + INR 50,000 fixed fee + Legal Fee via bank transfer only. 

To know the difference between normal i.e limited and extended source code license, please follow these reference links :

https://help.market.envato.com/hc/en-us/articles/115005593363-Do-I-need-a-Regular-License-or-an-Extended-License-#:~:text=The%20main%20difference%20between%20these,otherwise%20limited%20to%20paying%20customers.

https://www.codester.com/forum/topic/412/buying-app-difference-between-license-types

After signing the agreement for the source code and after paying 100% of the payment, the client needs to sign the following documents on 1000 rupee stamp paper which should be notarized.

A. Code Tamper Agreement.

B.  Source Code License Agreement.

The delivery of source code will be performed from Google Drive only in the minimal timeframe of 7 working days. Customers need to download and verify the complete source code in 5 working days after getting the same on the authentic/supplied email id mentioned in the source code agreement. After that, the complete code and every single trace related to the project will be permanently destroyed from Jain Software Private Limited end and any future claims will be null and void in every sense.

The legal charges of stamp papers will be paid by the customer/client. The paid amount is strictly not refundable.

This term is Applicable for all projects started on or after date 1 January 2018. If any project already got a lower quotation for source code, the difference amount needs to be paid before signing the source code agreement. Any delay in payment will result in late penalties on source code changes.

Resell Licensing Charges

The client can opt for a resell license upon paying a minimum of 950% of the project cost  (for which the client looking for resell license) + INR 95,000 static fee. After opting for reselling license and after paying 100% of the payment, the client needs to sign the following documents on 1000 rupee stamp paper which should be notarized. The legal charges of stamp papers will be paid by the customer who opting for resell rights from Jain Software Private Limited.

A. Code Tamper Agreement.

B.  Resell License Agreement.

The delivery of reselling agreement will be performed from Google Drive only. Customers need to download and verify the agreement in 7 days. After that, the complete code and every single trace related to the project will be permanently destroyed from Jain Software Private Limited end and any future claims will be null and void in every sense.

*Applicable for all projects started on or after date 1 January 2018. If any project already got a lower quotation for source code, the difference amount needs to be paid before signing the source code agreement. Any delay in payment will result in late penalties on source code changes.

Non Disclosure Agreement

It is right of Jain Software to mention “Powered by Jain Software” in developed software or app or any final deliverables i.e developed /delivered by Jain Software. In case the client/customer/project owner does not want to opt for this, the client/customer/project owner can sign NDA Agreement.

The client can opt for a Non-Disclosure Agreement upon paying a minimum of 150% of the project budget  (The project which the client looking for NDA) + INR 25,000 static fee. After opting for NDA and after paying 100% of the payment, the client needs to sign the following documents on 1000 rupee stamp paper which should be notarized. The legal charges of stamp papers will be paid by the customer who opting for resell rights from Jain Software Private Limited.

A. Non-Disclosure Agreement.

The delivery of the agreement will be performed from Google Drive only and in pdf format protected with a password which will be supplied on the email of the client/customer. Customers need to download and verify the agreement in 7 days. After that, the complete code and every single trace related to the project will be permanently destroyed from Jain Software Private Limited end and any future claims will be null and void in every sense. The recovery of source code or any related deliverables of the project developed will be impossible after 7 days of delivery.

*Applicable for all projects started on or after date 1 January 2018. If any project already got a lower quotation for NDA, the difference amount needs to be paid before signing the Non-Disclosure Agreement. Any delay in payment will result in late penalties on Non-Disclosure Agreement charges.

CONTENT

Jain Software Private Limited believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist-related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which has growing and evolving content, is impossible. However, if Jain Software Foundation, is made aware of any questionable content on a Jain Software Foundation hosted site, we will address the concerns immediately and directly with you to seek an amicable resolution. If any person contacts us about content they have found on a Jain Software Foundation server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin an investigation.

Approval Process:

Customer will have seven (7) days following receipt of the Services or Deliverable (Acceptance Period), to complete acceptance tests as per acceptance criteria agreed in the SOW (Acceptance Criteria). If no notice of non-conformance to Acceptance Criteria is reported during the Acceptance Period, Deliverables or Services are deemed accepted by the Customer.

Confidentiality

Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 15 days of such disclosure. Confidential Information shall, however, exclude any information which (i) is/ was publicly known or comes into the public domain; (ii) is received by the Receiving Party from a third party, without breach of this Agreement; (iii) was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) independently developed by the Receiving Party without the use of Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any order or requirement from the court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party or otherwise agreed in writing.

LIABILITIES

Jain Software Foundation, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Jain Software Private Limited, be liable for any direct, indirect, incidental, consequential, special, and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services, or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

PAYMENTS AND AGREEMENT TO PAY

As consideration for the software or services purchased by you and provided to you by Jain Software Foundation, you agree to pay Jain Software Foundation at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the term of the service. Jain Software Foundation expressly reserves the right to modify pricing through email notification and/or notice on its website. You may make payment by providing either a valid credit card or PayPal email address or Bank Transfer.

If for any reason, Jain Software Foundation is unable to charge your payment method for the full amount owed, or if Jain Software Foundation is charged a penalty for any fee it previously charged to your payment method (such as a chargeback dispute), you agree that Jain Software Foundation may peruse all available remedies in order to obtain payment. You agree that among the remedies Jain Software Foundation may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed and that Jain Software Foundation shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

Microsoft Digital Products Terms :

The ordered product will be delivered in minimum of 10 working days due to the fact that we need to backorder the same license from authorized resellers . The paid amount is strictly not refundable and the license/ordered item will be delivered by email only.

LATE PAYMENTS

We only accept credit cards, debit cards, bank transfers, or PayPal for payment of services. Yearly AMC & server charges plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 45 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that Jain Software Foundation holds the right to deny access to and/or de-activate accounts hosted on our servers with past balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK

CANCELLATIONS

REFUNDS/ACCOUNT TERMINATION

No refunds will be issued if abuse of our stated policies forces Jain Software Foundation to suspend or terminate your services prematurely. In the event, you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Software Development /App Development / Security Patches /Cloud Server Refund: Jain Software reserves the right to not refund any paid amount or due amount if the project is completed as per the client requirement sheet. Also, if the client is not able to pay the due amount after project completion, Jain Software reserves the right to transfer this case to court or payment-taking agencies.

In any case, if Jain Software fails to deliver any project, a prorated refund will be issued on the total project amount as per project completion percentage and it will be determined from the requirement sheet i.e SRS. Overall, all decisions made by Jain Software are final & not objectionable.

AFFILIATE PROGRAM

1. Jain Software Foundation may terminate the Program or Publishers’ participation in the Program for any reason upon five (5) days notice to Publisher.
2. Publisher agrees not to participate in the Program through any Website or e-mail service which is misleading, libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal good or service, links to any Web site that does so, offers or promotes any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap, which engages in sending unsolicited commercial e-mail.
3. Publisher is authorized to use Jain Software Foundation, logos, trade names, trademarks, and service marks, solely for the purpose of promoting Jain Software Foundation, products through the Program. Publishers may not alter, modify or change the foregoing in any way.
4. Immediately upon termination of the Program or Publishers participation in the Program, Publisher will stop displaying all advertising content or links relating to the Program.
5. Nothing contained herein shall imply any partnership, joint venture or agency relationship among the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever, except to the extent herein provided.
6. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
7. Jain Software Foundation may modify any of these terms and conditions at any time with proper notice to Publisher. Continued participation in the Program will constitute acceptance of the modification by Publisher.

(a) Not Allowed in Program

1. Mask URL using any Brand Names.
2. Make any representations, express or implied, or create an appearance that a visitor to your site is visiting a Jain Software Foundation, site; e.g., framing site.
3. Use any mark, name or domain name of any type, which is confusingly similar to Trademark or other Brand Name.
4. Engage in fraud or other conduct calculated to generate the payment to Publisher of commissions that do not reflect compensable Referrals/Leads/Booked Accounts within the spirit of the Program.
5. Engage in SPAM or unsolicited commercial advertising emails.
6. Must not offer an Incentive or Reward for purchasing a product through referral link. Incentives programs are not allowed and will be reversed.

(b) Protected Keywords

The following keywords are prohibited from Search Campaigns and PPC marketing and campaigns: Jain Software Foundation, Jain Software Foundation, Jain Software Foundation, www. Jain Software , or any variation of our Trademark.

(c) Prohibited SEM Ad Copy Content

Official, official site, or any variation of the official site that creates confusion to the consumer or misrepresentation of who the actual web host is.

(d) Prohibited SEM Display URL Content

Publishers are not allowed to use Jain Software Foundation as the display URL for any PPC advertising.

(e) Direct Linking

Publishers are not allowed to link directly to our Web site from search marketing campaigns.

(f) Prohibited Website Content

Affiliates are NOT permitted to use cookie stuffing techniques that set the tracking cookie without a user clicking on the affiliate link. (This includes but not limited to the use of iframes) Affiliates may NOT copy our website or portions of our website and display it on their own site or subdomain.

Governing Law and Dispute Resolution:

The terms of this Agreement shall be governed, interpreted and construed in accordance with the laws of State of Chhattisgarh, India (if customer based in India) or State of Delaware, United States if the Customer is located in United States of America; laws of England & Wales if the Customer is located in Europe. All disputes, differences, claims and demands arising under or pursuant to this Agreement shall be referred to arbitration and shall be adjudicated in accordance with the rules of International Chamber of Commerce (I.C.C) in English language in the State of California if the Customer is located in United States of America; in London, England if the Customer is located in Europe; in Pune, India if the Customer is in India; in Singapore if the Customer is located in Asia (except India) or Australia.

Annexure–01

Standard Hardware and Software for Development and Testing

Consultant will provide the following Hardware and Software as part of its standard package if required for offshore services. In case any Hardware / Software are required in addition to this the same shall be paid by Customer.

Standard Hardware and Software:

Apart from the hardware & software listed above, Consultant also allocates shared hardware & other IT Infrastructure Resources, as listed below:-

• Backup Space
• Central Antivirus Server
• Secured Shared Internet Access
• Windows Server Update Services (WSUS)
• Windows Domains Controller

*Note Shared internet access is provided in the ratio of 2 Mbps per 100 resources, inclusive of browsing and VPN connectivity.