Universal Terms of Service Agreement

This Universal Terms of Service Agreement is entered into by and between Skew Infotech Private Limited, the company registered under the Companies Act 2013, having its registered office at 2/327, Vedapatti, Vedapatti Post, Madathukulam (TK), Udumalpet, Tirupur, Coimbatore, TN 642203, IN, and you, and is made effective as of the date of your use of this website skewinfotech.com or the date of electronic acceptance.

The terms “we”, “us” or “our” shall refer to Skew Infotech Private Limited. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Skew Infotech Private Limited may, in its sole discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this site.

We have experience in developing accounting software, which includes ERP, SEO, web designing, accounting software, payment gateway portals and direct selling portals (hereinafter called the “Software”), applicable to various industries. You expressed your interest in getting a software and gave a brief description of the requirement of a software for your business, and further the developer agreed to design a customised software specifically for the client on the terms and conditions more fully described below.

1. Developer’s duties

• The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop a customised accounting Software in accordance with the specifications provided by the client.
• The Developer shall complete the development of the Software according to the specifications provided by the client, maintain the software and host the software in a convenient server, and provide necessary reports to the client as and when required. Further, the client shall be trained sufficiently to operate the software at their works and take necessary reports by themselves as required.
• During the development of the software, the Developer shall provide the Client attention to answer any questions or assist in solving any problems with regard to the operation of the Software. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software during the development phase. After implementation of the software, any amendment or modification required by the client shall be attended to by the developer on a chargeable basis.
• Except as expressly provided in this Software Development Agreement, the Developer shall not be obligated under this Agreement to provide any other support or assistance to the client.
• Either party may terminate this Software Development Agreement at any time upon material breach of the terms herein or failure to rectify such a breach within 30 days of such breach and a notice to this effect issued by the affected party.
• The Developer shall provide to the Client, after the Delivery Date, a cumulative round of training with respect to the operation of the Software, if requested by the Client.

2. Delivery

• The Software shall be developed and made functional in accordance with the Specifications and shall be in force for a period of 12 months.
• If the Software as delivered does not conform to the Specifications, the Client shall, within 30 days of the Delivery Date, notify the Developer in writing of the ways in which it does not conform. The Developer agrees that upon receiving such notice, it shall make reasonable efforts to correct any non-conformity.

3. Compensation

In consideration for the Service, the Client shall pay the amount as per the quote given by us, which shall be due and payable upon the Developer providing the Client with an invoice.

The Client also agrees to pay a term renewal charge towards maintenance of the software, payable every three months. If the term maintenance fee is not paid by the client on time, within one week from the due date, the Developer shall discontinue its services and the client shall not be able to access the data; the Developer shall not be responsible for any data loss to the client.

4. Change in specifications

The Client may request that reasonable changes be made to the Specifications and tasks associated with the implementation of the Specifications. If the Client requests such a change, the Developer will use its best efforts to implement the requested change at an additional expense to the Client and without delaying delivery of the Software.

5. Confidentiality

• The Developer shall not disclose to any third party the business of the Client, including details regarding data, information regarding the Client’s customers, or the Client’s business (the “Confidential Information”).
• The Developer shall not make copies of any Confidential Information, or any content based on the concepts contained within it, for personal use or for distribution, unless requested to do so by the Client.
• The Developer shall not use Confidential Information other than solely for the benefit of the Client.
• Provided, however, that where any judicial or quasi-judicial authorities request such confidential information, the same will be provided to the authorities without any notice to or permission from the client, and the Developer will fully assist the authorities in their enquiry process, if any.

6. Developer warranties

The Developer represents and warrants to the Client the following:

• Development and delivery of the Software under this Agreement are not in violation of any other agreement that the Developer has with another party.
• The Software will not violate the intellectual property rights of any other party.
• The Software has been developed for the client as per their requirement and specification. The data entered, processed and stored on the hosted server belongs to the client. The Developer has no rights whatsoever over the client’s handling of the data and shall not be responsible for its adoption, use, helpfulness, value, content or usability by the client. The client is solely responsible for the data fed by them.

7. No modification unless in writing

This agreement constitutes the entire agreement between the parties and no variation to it shall be effective unless made in writing, specifically referring to this agreement and signed by or on behalf of both parties.

8. Assignment

The Client shall not assign, transfer, charge or in any other manner make over or purport to assign, transfer, charge or make over this agreement, or the rights or obligations hereunder, or any part thereof, to any person, without obtaining the prior written consent of the Developer.

9. Severability

If any term or provision of this agreement is held to be invalid, illegal or unenforceable in whole or in part, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

10. Arbitration

All disputes and differences, controversies or claims directly or indirectly arising out of or relating to this agreement, which shall arise between the parties at any time, or the interpretation, construction, enforceability, breach, termination or invalidity thereof, shall be finally and conclusively referred to the arbitration of one arbitrator appointed with the mutual consent of the parties. The arbitrator shall enter upon the arbitration, or appoint any person to proceed with the arbitration, to hear and settle the dispute. This arbitration shall be conducted in accordance with the Arbitration and Conciliation Act 1996, or any statutory modification or re-enactment thereof for the time being in force. The arbitrator’s decision shall be final and binding on both parties. The place of arbitration and jurisdiction for settlement of all matters under dispute shall be Coimbatore.

11. Applicable law

This Software Development Agreement and the interpretation of its terms shall be governed by and construed in accordance with Indian law and shall be subject to the exclusive jurisdiction of the courts of Coimbatore.

Contact information

If you have any questions about this Agreement, please contact us by email at info@skewinfotech.com">info@skewinfotech.com.

SKEW INFOTECH PRIVATE LIMITED
2/327, Vedapatti, Vedapatti Post,
Madathukulam (TK), Udumalpet, Tirupur,
Coimbatore, TN 642203, IN