KHOJinINDIA -Indian Business Directory Manufacturer Supplier
TERMS & CONDITIONS
This Terms & Conditions are entered into between Teletronic Enterprise (herein after referred to "KI", "We" & "Us") and the Buyers (herein after referred to "You" & "Your").
1) Thank you for using our (hereinafter referred to as “Services”). This Services Agreement (hereinafter referred to “Agreement”) is by and between Teletronic Enterprise (hereinafter referred to “Teletronic Enterprise”, “We” & “Us”) and clients (hereinafter referred to “Our”, “You” & “your”) that describes your rights and obligation to use the our services. By using our Services, you are agreeing to these Terms. If you do not accept and comply with these terms, you may not use our services.
2) USAGE POLICY: You will use the services in a manner consistent with all local, states and Union regulations and laws. We reserve the right to suspend or cancel your access to any or all services provided by us when you are not in compliance to the terms of this agreement and/or we decide that your account has been inappropriately used.
3) DESCRIPTION: Teletronic Enterprise is providing a cloud-hosted integrated solution () for retailers and other business owners to manage their in-store and online business. integrated package is a one-stop solution which shall enable you to manage your business online and offline through your PC/ Tablet/ Mobile (Android).
4) DOMAIN NAMES: i) You shall acquire and maintain the Internet Protocol address and corresponding domain names for managing your online business. Teletronic Enterprise may help you in obtaining the domain names and Internet Protocol address and maintaining the same at additional cost decided by Teletronic Enterprise from time to time. ii) Teletronic Enterprise may process additional domain names as requested by you, according to established fees to be charged directly to you.
5) RIGHT TO USE: Upon execution of this Agreement, You are granted right to use the in accordance with the terms of this Agreement.
6) CLIENT’S RESPONSIBILITIES: Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for your inability to use our services due to your lack of the requisite knowledge and skills.
7) SUBSCRIPTION OF SERVICE: i) You can subscribe our services either by paying the onetime payment for subscription charges, or paying the monthly basis payment in according to the terms of this Agreement for using services on non-exclusive basis. If you subscribe our services by paying the onetime payment, you are granted the right to use our service anytime and anywhere (online & offline). If you chose to subscribe our services on the monthly rental basis, you are granted a non-exclusive right to use our services. Once you stop the payment, your right to use our service shall be terminated without any further notification. ii) Your right to use the Service is limited to the subscription period. You may have the option to extend your subscription on paying of the subscription fees. If you extend your subscription, you may continue using the Service until the end of your extended subscription period. After the expiration of your subscription, Services will stop. iii) In consideration of Teletronic Enterprise providing the Services as specified in this agreement, you shall make the payment as mentioned herein after and in the invoice issued to you from time to time. iv) Teletronic Enterprise will issue an invoice to You containing, inter-alia, the following details: a) Your Personal details b) The payment plan along with its due date c) Description of the Service d) Type of access chosen by you (either website or App or both) e) Fees for hosting and maintenance services f) Setup Fees/Initiation Fees g) Service Fee ( Right to use) One time. h) Monthly Rental Amount i) Fees for any other additions services provided by Teletronic Enterprise from time to time.
8) FEE/CHARGES: i) You shall be responsible for the payment of non-refundable set-up fee, maintenance fee, subscription fee, development fee in according to the terms of this Agreement. Fees/charges/subscription may vary from time to time. Prior notice in this regard is not mandatory. ii) If you’ve chosen for onetime (outright) payment, you shall also be liable to pay towards, (a) Set up/initiation fee; (b) Service Fee ( Right to use) (c) Hosting maintenance charge (Hosting maintenance charge will be paid for a period of 5 (Five) years). iii) If you do not make the outright payment, you shall pay, (a) Set up Fee (b) Monthly rental Fee (c) Hosting maintenance charge to be paid monthly. iv) You can pay the service fees weekly, fortnightly, monthly, quarterly, half-yearly and annually as directed by Teletronic Enterprise. Invoices for custom development and other modifications will be e-mailed/communicated to you upon completion of the development. If such payment has not been received within 7 (Seven) days from receiving the invoice, your service can be suspended until full payment has been received by Teletronic Enterprise. Upon non-payment by you beyond 7 (Seven) days of any fees due to Teletronic Enterprise, Teletronic Enterprise may, at its discretion and without delay, disconnect and otherwise cause to be inaccessible our service and all Subscriber websites. v) You agree to pay for the services as per the features chosen by you and specified in invoice copy. You may opt to pay for the fees through (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and (v) CCSI (Credit Card Standing Instruction). Teletronic Enterprise does not encourage/prefer that payments be made in cash. Any cash payments made by you, shall be at your sole risk, without any recourse to Teletronic Enterprise. vi) Teletronic Enterprise shall make best efforts to install & activate the services from the date of receipt of the service fee into our bank account (subject to delay due to technical malfunctions etc.). However Teletronic Enterprise will not be liable in any manner for any delay in activating your contract. You acknowledge that any dishonor of payments will attract provisions of Section 138 of the Negotiable Instruments Act 1881. You shall also be liable to pay interest @18 % per annum during that period. vii) Teletronic Enterprise shall be allowed to terminate the service to a particular Subscriber for non-payment of fees, for non-compliance, with any applicable rules, regulations or agreements regarding the use of the site or with applicable laws or regulations, or to exercise other remedies allowed at law or in equity. Teletronic Enterprise will notify you of any such instance including the name of Subscriber and reason for termination. viii) Upon written request from you and reasonable prior notice, Teletronic Enterprise shall agree to provide employee or consultant for assistance at any event requiring personnel (convention, training, meeting, etc.) for training and promotional purposes. You shall be responsible for travel and lodging expenses related to all Teletronic Enterprise personnel requested by you to attend these events. ix) In the event you fail to make any installments in time and as per the payment plan chosen by You, Teletronic Enterprise may, in its sole discretion, suspend the access of Services until necessary payments are made by you. Teletronic Enterprise’s right to suspend the Service shall be without prejudice to Teletronic Enterprise’s right to terminate the agreement.
9) TAXES: Teletronic Enterprise is entitled to levy you for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services. You shall pay the said taxes and charges promptly without raising any objections. You also agree that in the event the said taxes and charges are not charged by Teletronic Enterprise the taxes shall be paid by you directly to the authorities concerned without raising any objection. You further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by You for the Services rendered by Teletronic Enterprise.
10) SECURITY: Teletronic Enterprise has taken adequate encryption and security measures to maintain the data secured generated under this agreement and it shall maintain high standards in relation to providing secure services in this agreement. However, Teletronic Enterprise does not own any liability in respect of breakdowns, errors or security breach which is beyond the reasonable control of Teletronic Enterprise.
11) YOUR (CLIENT’S) OBLIGATION: You represent and warrant that i) You would be solely responsible and liable for the information uploaded, edited, modified in the KI Services provided by Teletronic Enterprise. ii) You shall be solely responsible and liable for any dispute arising out of your usage of our services. iii) You acknowledge and confirm that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to the KI services. Teletronic Enterprise reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. iv) You undertake to provide a copy of the licenses/ registrations (in case of corporate body) including but not limited to valid Identity proofs such as ration card, adhar card, voter id card and residential proofs such as electricity bill, telephone bill etc., (in case of individual) required to use our services. v) You acknowledge that any breach of the covenants set forth here may be a cause for termination of your service by Teletronic Enterprise, at its sole discretion. vi) You agree that at all times, you will maintain appropriate records relating to the usage of our services and shall allow Teletronic Enterprise/ Government, /statutory authorities and any other appropriate entities to examine, inspect, audit and review all such records and any source document pertaining to the services. vii) You hereby undertake to upload the terms and conditions on your website which will be applicable to the user of your websites who visit you website for any purposes including but not limited to buys the product/s or avails the services whether online or otherwise. viii) You shall ensure and take all appropriate security measures to prevent unauthorized disclosure and/or access of any details such as user ids, passwords, sensitive personal information or any other information of any end-customers/ Customers, third party which are obtained by you in any manner whatsoever. ix) You shall make available any and all customer assistance channels to assist and guide the end-customers/ Customers using your services and respond to any queries and address any issues that may arise in using Teletronic Enterprise services. x) You shall cooperate with Teletronic Enterprise and render assistance to it for connecting the respective KI Services systems of the Parties. xi) You shall take all such precautions and measures to ensure that there is no breach of security. You shall work upon developing and implementing various security mechanisms at your own cost and ensure that there are proper encryption and robust security measures to prevent any hacking into the information and other data store on your computer system. xii) You acknowledge that responsibility for all content provided by you to Teletronic Enterprise for the performance of the Services or otherwise included in the Website is the sole and exclusive responsibility of yours and that Teletronic Enterprise will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Content. xiii) You before providing the services to the end user through (), shall be liable to check VAT/any other tax rates applicable on each and every product sold or services provided by you. Teletronic Enterprise shall not be liable for any error in any VAT/any other tax rates in the services provide through . xiv) Teletronic Enterprise shall not be liable to update any changes in the VAT/any other tax rates in . You shall be liable to update the VAT/ any other tax rates from time to time as per applicable laws on the products sold or services provided by you. xv) You acknowledge and agree that we may elect at its sole discretion to monitor the Content. We shall have the right, but not the obligation, to remove the content which is deemed, in our sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xvi) You agree to use the Services for legal purposes only. In the event that we become aware or reasonably believe, in its sole discretion, that the Services is being used for illegal purposes, we shall immediately terminate the Agreement and the Services as per our discretion, without notice, in addition to any remedies to which it (Teletronic Enterprise) may be entitled under law. xvii) Any attempt to undermine or cause harm to a server of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund. xviii) On the receipt of payment Teletronic Enterprise grants you the right/access to install and run one copy of the services only on one computer/PC. For a single subscription You will use/install KI services only in one outlet and if you intent to utilize KI services for your another/additional outlet then you will have to make additional payment for availing KI services on the price/charges determined by Teletronic Enterprise from time to time.
12) PROHIBITED SERVICE: i) The following content and activities may not be displayed or promoted by you and any person on your behalf nor Associated in any way with the Client's account or Teletronic Enterprise's services. Teletronic Enterprise shall be the sole arbiter as to what constitutes violation of this provision. ii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that belongs to another person and to which the user does not have any right to; iii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iv) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that infringes any patent, trademark, copyright or other proprietary rights; or that violates any law for the time being in force; v) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; vi) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. vii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information/contents on the website that promotes any illegal or prohibited activity. viii) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that may be damaging to Teletronic Enterprise's servers or to any other server on the Internet. ix) You and any person on your behalf shall not host, display, upload, modify, publish, transmit, update or share any information on the website that promotes or sale of unsolicited or bulk e-mail (SPAM) software or services or unsolicited or bulk e-mail or group posts (SPAM) which references and/or is traceable to Teletronic Enterprise and/or any Client in any way. x) Your sending any promotional emails/sms to your consumers and Teletronic Enterprise assumes no responsibility, liability including but not limited to the issues arising in connection with your customers being registered in DO NOT CALL/ DND registry with the Telecom Regulatory Authority of India. xi) You and any person on your behalf must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder. xii) You and any person on your behalf shall not, knowingly or intentionally conceal, destroy or alter or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network of Teletronic Enterprise, without the permission of Teletronic Enterprise. xiii) You and any person on your behalf shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and you shall not misuse the computer resource of Teletronic Enterprise, without it permissions, and further shall not use the said devices for cheating by personating. xiv) You and any person on your behalf shall not access or use of an Internet account or computer resources without the owner's authorization and further shall not download, copy or extract any data, computer data base or information from such computer network in any manner whatsoever; xv) You and any person on your behalf shall not introduce or causes to be introduced any computer contaminant or computer virus into any computer system or computer network and damages or causes to be damaged any computer system or computer network, data, computer data base or any other programs residing in such computer system or computer network. xvi) You and any person on your behalf shall not, disrupt or causes disruption of any computer, computer system or computer network or denies or causes the denial of access to any person authorized to access any computer system or computer network by any means. xvii) You and any person on your behalf shall not, destroy, delete or alter any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means and steel, conceal, destroy or alter or cause any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage. xviii) You agree that you and any person on your behalf shall not indulge or conspired, in any manner whatsoever in the aforesaid illegal activities. Teletronic Enterprise shall have the right, but not the obligation, to remove the Content which is deemed, in Teletronic Enterprise’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law. xix) You are strictly prohibited from installing any third party software on our services without the express written authorization of Teletronic Enterprise. In the event that you install third party software on Teletronic Enterprise’s servers without the express written authorization of Teletronic Enterprise, Teletronic Enterprise at its discretion shall have the right to terminate the Services without any notice.
13) CENSORSHIP: Teletronic Enterprise will exercise no control whatsoever over the content of the information passing through the network, email or website.
14) TERMINATION: i) Teletronic Enterprise has the right to terminate this Agreement and your right to use this service, upon any material breach of terms and conditions by you. You can terminate this agreement by providing 30 (thirty) days written notice to Teletronic Enterprise. In the event of termination for any reason Teletronic Enterprise shall not be give any refund of the amount paid by you. On termination you shall forthwith return or destroy all data and information and provide written intimation to Teletronic Enterprise. ii) You agree that any breach of one or more provisions of this Agreement that threatens to, or causes Teletronic Enterprise substantial harm is a material breach. Furthermore, any breach of the confidentiality, or non-competition provisions by you, or failure to make payments, shall be considered material breaches. Furthermore, any conduct or negligence that adversely affects the business or good will and brand name of Teletronic Enterprise will be considered as material breach and Teletronic Enterprise at its discretion may terminate this agreement. iii) Upon termination of this agreement, Teletronic Enterprise shall retain all proprietary technology and services provided to you, and services shall render inoperable. You shall return or destroy all originals and copies of any Confidential Information of the other Party regarding this agreement.
15) INDEMNITY: a) Defaulting party shall defend, indemnify, and hold harmless Teletronic Enterprise, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Non-defaulting party (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with: b) breach of any provision of this Agreement or non-performance of any of its obligations under this Agreement by defaulting party; or c) anything done or omitted to be done by you due to gross negligence, willful default or willful misconduct by defaulting party or any of your officers, directors, employees or agents, or
16) DISCLAIMER OF WARRANTY: i) The service is available to you “as-is whereas basis." You bear the risk of using it. Teletronic Enterprise gives no express warranties, guarantees or conditions. Teletronic Enterprise will make all reasonable efforts to provide uninterrupted access and hosting services subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, you acknowledge that Teletronic Enterprise and its business partners disclaim all warranties including but not limited to express or implied, written or oral. Teletronic Enterprise shall not be responsible or liable if any unauthorized person hacks into or gains access to your website. In addition Teletronic Enterprise shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data or business; interruption or stoppage to the access to and/or use of our service; interruption or stoppage of services etc. Teletronic Enterprise does not warrant that hosting services will be provided uninterrupted or free from errors or it is free from any virus or other malicious, destructive or corrupting code, program or macro. No advice or information, whether oral or written, obtained by you from Teletronic Enterprise or through or from Teletronic Enterprise shall create any warranty. Teletronic Enterprise shall have no liability in this respect. ii) Teletronic Enterprise’s sole obligation and the your sole and exclusive remedy in the event of interruption services, or loss of use and/or access to service, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible.
17) LIMITATION & EXCLUSION OF REMEDIES AND DAMAGES: i) You agree that Teletronic Enterprise shall not be liable for any suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; interruption of business; access delays or access interruptions to the website(s) provided through or by the services; loss or liability resulting from acts of god; data non-delivery, mis-delivery, corruption, destruction or other modification; events beyond the control of the primary service Provider or backend service Provider; or loss or liability resulting from the unauthorized use or misuse of their account identifier or password. ii) Teletronic Enterprise’s aggregate liability arising from or relating to this agreement or maintenance, support or other service (regardless of the form of action or claim - e.g. Contract, warranty, tort, malpractice, and/or otherwise) will in no event exceed maximum amount paid by you to Teletronic Enterprise while availing Teletronic Enterprise’s service under this agreement. iii) Teletronic Enterprise will not in any case be liable for any Special, incidental, consequential, indirect or punitive damages even if Teletronic Enterprise has been advised of the possibility of such damages. Teletronic Enterprise is not responsible for lost profits or revenue, loss of use of our service, loss of data, costs of re-creating lost data, the cost of any substitute equipment or program, or claims by you.
18) CONFIDENTIALITY: You shall not disclose to any third party or use, except in connection with the performance of Services hereunder, any confidential information of Teletronic Enterprise business (“Confidential Information”) in the course hereof. Confidential Information shall include; (i) Teletronic Enterprise services and plans for the Website (ii) Specifications of Teletronic Enterprise services and any future development plans (iii) Concepts relating to Teletronic Enterprise service not disclosed from the operation of the Website (iv) Trade secrets of Teletronic Enterprise (v) Information derived from providing the Services when Website is in operation, including but not limited to: 1. identities, contact information and credit card information of users (if applicable) 2. Confidential information of the Website’s use, such as number of users, unique visitors and unique visits (if applicable).
All information received by you shall be kept confidential and you shall use the same degree of care as you use to protect its own confidential information. An item will not be considered to be confidential information if it is; (i) already available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iv) proven to be already known to the recipient at the time of disclosure; or (v) produced in compliance with applicable law or a court order, provided you shall promptly notify Teletronic Enterprise so as to enable Teletronic Enterprise to seek a protective order or other appropriate remedy. You will return all the confidential information to Teletronic Enterprise within 30 (thirty) days from the expiry or the early termination of this agreement. The obligations contained in this Clause shall survive the termination of this Agreement.
Notwithstanding the forgoing, in the event Teletronic Enterprise receives a validly issued administrative or judicial order, notice, warrant or other process that requires Teletronic Enterprise to share/disclose the confidential information then it shall be free to disclose all or part of the Confidential Information or is otherwise required to disclose any Confidential Information in order to comply with any law.
19) INTELLECTUAL PROPERTY RIGHTS: i) services are owned by Teletronic Enterprise and are subject to protection under the copyright, patent and trademark laws of the India and other countries. You shall not have any right to use or reproduce in any manner any intellectual property owned by Teletronic Enterprise, including any trademarks, trade names, logos etc. ii) Teletronic Enterprise owns and retains all ownership and proprietary rights relating to services and its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, and all proprietary rights in the Services and all software code and content relating to the Services etc.. This Agreement does not transfer, sell, assign, or entitle you to any of our source codes, programming documentation, or trade secrets except as provided in the this Agreement. During the term of this Agreement, Teletronic Enterprise grants you, a right to use our services in connection with the use and maintenance of our service, consistent with the terms of this Agreement.
20) CONTENT OWNERSHIP: i) All contents stored by you shall at all times remain the property of yours. You grant to Teletronic Enterprise non-exclusive, world-wide license to the content for the purposes of analytics and reporting or any other related purposes. ii) Teletronic Enterprise uses the information it collects through the KI Services to upgrade or secure its Services. Additionally, You agree that Teletronic Enterprise may use and disclose the information and you would be deemed to have given your consent to contact you for any business promotion of Teletronic Enterprise and its affiliates.
21) NON-COMPETE: During the term of this Agreement, and for a period of two years after the termination of this Agreement, You agree not to develop or create any program of its own that is comparable in functionality or would compete with Teletronic Enterprise’s service in any way. You shall not directly, or through third person(s) or entity(s), attempt to develop, engineer, reverse engineer, create or re-create, any service that is comparable in functionality or concept with our service as outlined in this agreement. You shall not decompile, disassemble, or reverse engineer Teletronic Enterprise Materials or attempt to discover source code or other information concerning Teletronic Enterprise Materials including, without limitation, its design. You will not create any derivative work, program or product based on, or derived from KI Services, or use any information learned from KI Services to create any other program or product. You will not allow, encourage, facilitate, or assist any third party to do anything. You would be precluded from doing under this provision.
22) GENERAL PROVISIONS:
1) Supersession - This Agreement supersedes all prior agreements and understandings (whether written or oral) between Teletronic Enterprise and the Clients, or any of them, with respect to the subject matter hereof.
2) Amendment – Teletronic Enterprise is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to You. It shall be Your sole responsibility to visit Teletronic Enterprise Website and update himself / herself of the changes to the Terms of Service.
3) Long Form Agreement: You hereby confirm that Teletronic Enterprise may draw up the Long Form Agreement consisting of the final terms of its services in due course of time at its discretion.
4) Severability: If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
5) Waiver: Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
6) Survival of Provisions: The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.
7) Force Majeure: Either Party shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of the Party.
8) Arbitration: In the event a dispute arises between the parties under this AGREEMENT, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 30 (thirty) days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator to be appointed by Teletronic Enterprise at its sole discretion. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
9) Assignments: You shall not assign, in whole or in part, the benefits or obligations of this Agreement unless otherwise mutually agreed in writing.
10) Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the addresses as mentioned in the title to this document. Notices may also be sent through emails.
11) Non-Exclusive Right: It is expressly agreed and understood between the parties hereto that this Agreement is on a non-exclusive basis and Teletronic Enterprise is free to provide similar services to third party.
12) Governing Law and Jurisdiction: This AGREEMENT shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Uttarakhand, India.