For Software Development and Consulting services:
This Service Agreement (“Agreement”) shall apply and govern the Statement of Work(s),
project, letter of intent or any other document (“SOW”) executed between
Farsoft Infotech Pvt Ltd or any of its affiliates [specifically identified in the SOW]
(“Consultant/Consultant”) and Customer, for the purpose of providing professional services
(“Services”) or deliverables (“Deliverable”) for software development and consulting.
Payment will be made by Customer within 15 days upon receipt of an invoice.
In the event there is a delay in payment for more than 5 days from the due date,
the Customer shall be liable to pay an interest of 1.5% per month or maximum permitted
by applicable law, whichever is less, on the delayed payments from the due date of payment.
Consultant shall be relieved of its obligations under this Agreement in the event of
non-payment of the Fees or expenses due and shall retain the rights in the Services for
which the amount is outstanding. Consultant will provide the Hardware and Software
stated in Annexure – 01, as part of its standard package if required while providing
the offshore Services from Consultant’s location(s) in India. Contractor’s relationship
with Company is that of an independent contractor, and nothing in this Agreement will
be construed to create a joint partnership, joint venture, agency, or employer-employee
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 Acceptance Period, Deliverables or Services are deemed
accepted by the Customer.
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 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 use of Confidential Information; (vi) is required
to be disclosed by the Receiving Party pursuant to any order or requirement from 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.
Intellectual Property Rights:
Customer shall own all right, title and interest in and to the Deliverables. The rights,
title and interest in and to the Deliverables shall be granted to the Customer only upon
receipt of full payment by the Consultant. To the extent that the Deliverables incorporates
Consultant pre-existing intellectual property (“Consultant Pre-existing IP”), and such
Consultant Pre-Existing IP are necessarily required for the proper functioning of
the Deliverables Consultant grants to Customer a perpetual, non-exclusive, worldwide,
transferable, royalty-free license to use such Consultant Pre-Existing IP solely
along with the Deliverables.
Except as expressly stated in this Agreement, the parties disclaim all warranties of any
kind, implied, statutory, or in any communication between them, including without
limitation, the implied warranties of merchantability, non-infringement, title, and
fitness for a particular purpose.
Limitation of Liability:
The total liability of the parties under this Agreement (whether in contract, tort
(including negligence)) shall not exceed the fees paid to Consultant hereunder.
The parties disclaim any indirect, special, consequential or incidental damages or loss
of revenue or business profits, however caused, even if advised of the possibility of
such damages. The foregoing limitations of liability will apply notwithstanding the
failure of essential purpose of any limited remedy herein.
Either party may terminate the Agreement upon sixty (60) days’ notice to the other party.
Either party may terminate this Agreement immediately if the other party breaches the
terms of this Agreement and the breach remain uncured for 30 days from the date of
receipt of notice. In case of termination, the Consultant shall be paid for the Services
provided on a pro-rata basis.
Neither party shall be liable for any failure or delay in fulfilling the terms of this
Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations,
act of Nature or other causes which are unavoidable and beyond the reasonable control of
the party claiming force majeure. This provision shall not be construed as relieving
either party from its obligation to pay any sum due to the other party.
This Agreement shall constitute the complete agreement between the parties respecting the
subject matter. This Agreement may not be extended, amended, terminated, or superseded
except by agreement in writing between the parties. This Agreement supersedes all previous
agreements between the Consultant and the Customer, whether oral or written, regarding
subject matter hereof, standard terms and conditions of a purchase order or an invoice or
any similar document whether hosted on party’s website or otherwise, shall be ineffective.
There are no intended third party beneficiaries to this Agreement. Each Agreement may be
executed in one or more counterparts (including scanned copies), all of which when signed
and taken together constitute a single agreement between the parties.
Registrar - Registrant Domain Agreement:
This Domain Registration Agreement (hereinafter referred to as the "Agreement") is entered
into BY AND BETWEEN Farsoft Infotech Pvt Ltd (as the sponsoring registrar, or acting
as reseller for the sponsoring registrar identified in the WHOIS record which may be
retrieved here) (hereinafter referred to as the "Registrar"), a company incorporated
under the laws of India;
You (hereinafter referred to as you, your or "Registrant"). If you are not an individual
and are entering into this Agreement for and on behalf of any person, company, organisation
or any other legal entity, you represent that you have the necessary authority to bind such
person, company, organisation or legal entity to these terms and conditions, in which case
the term "Registrant" shall refer to such person, company, organisation or legal entity.
Registrar and Registrant may be referred to severally as the "Party" and collectively as
This Agreement explains Registrar's obligations to You, and Your obligations to the
Registrar in relation to each Domain Name You have registered through or transferred to
Registrar, directly or indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the Term of your domain name begins with the
Registrar and will remain in force until the domain name remains as an active domain name
with the Registrar. The Registrar may elect to accept or reject the domain name application
for any reason at its sole discretion, such rejection including, but not limited to,
rejection due to a request for a prohibited Order.
WHEREAS, the Registrar is authorised to provide the domain registration and management
services for various domain extensions as more specifically set out in EXHIBIT-A of this
WHEREAS, the Registrant is the owner of the registration of the Domain Name and
intends to avail all or any of such services from the Registrar as per the terms and
conditions of this Agreement.
Last updated on : 20th September 2021