Jesus Soft - Terms and Conditions

Terms and Conditions

The following terms and conditions (“Terms and Conditions”) govern your use of this web service (www.jesussoft.biz) or any other web service or desktop software or site owned and/or operated by Jesus Soft. (the “Service”), and by accessing, viewing, or using the material and functionality on the Service, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Service and should exit immediately.

Proprietary Rights. All material contained in this Service is protected by law, including, but not limited to, Indian copyright law. Except as indicated, the entire content (including images, text, and look and feel attributes) of www.jesussoft.biz and its family of services is (C) 2000-2023 Jesus Soft. All rights reserved. Removing or altering the copyright notice on any material on the Service is prohibited. Jesus Soft. also owns a copyright in this Service as a collective work and/or compilation, and in the selection, coordination, arrangement, organization, and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of Jesus Soft. All trademarks used at this web-site that are not the intellectual property of Jesus Soft. are property of their respective holders.

Communications with Our Web Service. Jesus Soft. welcomes your feedback and suggestions about how to improve our products and services and this Service. By transmitting any suggestions, information, material, or other content (collectively, “content”) to Jesus Soft., you automatically grant Jesus Soft. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Jesus Soft. is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Service for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.

Policies and Procedures

• Jesus Soft grants to the Customer a non-exclusive, non-transferable, personal license to use the Software at the Location for the number of servers or end users specified on the Order Form. If the Customer proceeds to use the Software, the Customer agrees that it has accepted the terms of this Agreement. This license to use the Software shall terminate if the Customer no longer takes Maintenance and Support services.
• Jesus Soft undertakes to install the Software. Jesus Soft will provide Maintenance and Support for as long as the Customer pays for the Maintenance and Support.
• Except as expressly agreed, the Customer will not rent, lease, sub-license the Software, Third Party Software or Products, nor distribute the Software or Third Party Software to any third party.
• Jesus Soft shall have no liability for the repair of defects relating to the Products and/or Third Party Software, and the Customer’s right in respect of any such defect shall be limited to the relevant manufacturers’ warranties.
• The Software may be subject to security measures to protect Jesus Soft rights, such as in the event of non-payment.
• Unless as expressly agreed, Jesus Soft does not provide Maintenance and Support for Third Party Software or the Products.
• Jesus Soft does not provide any addition and modification to the customer, without specification in the Purchase order or Agreement.
• Jesus Soft Grant Permission to use the Software for 1 User only, If Additional Users Requires it should be mentioned in the Purchase Order or Agreement.
• The Customer may order training and/or professional services with the Software, in which case all training and/or professional services days must be taken within 12 months of the date of their order.
• The annual Maintenance and Support service will automatically renew for successive twelve (12) month terms on each anniversary of this Agreement unless either party has first served three (3) months prior written notice of termination on the other party, such notice to expire on the relevant anniversary date. This clause is without prejudice to the other rights of termination set out in this Agreement.

Charges

• The Customer shall pay all invoices within 30 days of their date. Jesus Soft shall invoice or Purchase order the Customer in advance. Jesus Soft reserves the right to charge interest at 4% above LIBOR on all outstanding amounts.
• Jesus Soft reserves the right to increase its charges once in any twelve-month period upon giving the Customer at least 30 days’ prior written notice of the such increase.
• Notwithstanding any other rights under this Agreement, Jesus Soft may suspend or terminate
the performance of its obligations under this Agreement where the Customer is in default of payment,provided that Jesus Soft has first served the Customer with at least 5 days prior written notice of its intention to suspend or terminate the Services.
• All charges are given exclusive of GST, which will be added at the rate and in the manner prescribed by law.
• Upon cancellation the paid amount should not be refundable under any circumstances.
• After 1 Year Customer Should Pay Compulsory Annual Maintenance Charges or On Call Charges.
• During Onsite Visit to the customer spot, the customer must pay Travelling and Food Allowance to Jesus Soft Service Engineer

Customer Responsibilities

• It is the Customer’s responsibility to ensure that the Equipment is compatible with the Software, any Third Party Software and Products.
• Jesus Soft does not provide any addition and modification to the customer, without specification in the Purchase order or Agreement.
• Customer Purchase order Valid Up to 1 Year.
• After 1 Year Customer Should Pay Compulsory Annual Maintenance Charges or On Call Charges.
• During Onsite Visit to the customer spot, the customer must pay Travelling and Food Allowance to Jesus Soft Service Engineer.
• The Customer will allow reasonable physical and systems access to its Location and Equipment to enable Jesus Soft to install the Software and provide Maintenance and Support. Jesus Soft engineers will need network logins for the Software being used on the Equipment with administration rights.
• The Customer agrees to use the Software in accordance with all operating instructions and agreed procedures and not to change its configuration without the approval of Jesus Soft.
• The Customer will not alter or modify the Software, transfer the Software from the Location, combine or incorporate it in other programs, or decompile or disassemble the object code version of the Software.
• The Customer will keep full security copies of all data processed by the Software. Jesus Soft will not be liable for any loss of data.
• If Jesus Soft cannot reproduce a logged fault, the Customer will assist in providing remote access to the PC and or Server to further investigate the fault.

Confidentiality

• Both parties shall use all reasonable endeavours to ensure that all information received from the other party is not disclosed to any third party and is not used for any purpose other than in the proper performance of obligations hereunder.

Intellectual Property

• Customer acknowledges that Jesus Soft and its licensors, own the intellectual property rights to the Software, the Third Party Software and the Products as appropriate.

Disclaimer of Warranty and Liability.
• Jesus Soft will perform the Services in a workmanlike and professional manner. The Software is licensed “AS IS”. Save as otherwise provided for in this Agreement, Jesus Soft grants no warranties to the Customer regarding the Software, the Third Party Software or the Products, including but not limited to implied warranties as to their fitness for any purpose, that the Software, Third Party Software, and Products will be error-free or the operation of the Software, Third Party Software, and Products will be uninterrupted
Use of this service is entirely at your own risk. Neither Jesus Soft. nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the service, and the risk of injury from the foregoing rests entirely with you. These materials are provided “as is” without warranty of any kind, either express or implied. Jesus Soft. shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of Jesus Soft. to you exceed the price paid for use of the service.

Termination.
• In addition to the right of termination at clause above, Jesus Soft may terminate this Agreement in the event that the Customer is in material breach of any of its obligations under this Agreement and, in the event that the breach or failure is remediable, the Customer has failed to remedy that breach with 30 days’ written notice of such breach
• Upon termination of the Agreement, all outstanding fees are immediately due and payable, and all rights to use the Software will be immediately revoked
• Upon termination the amount should not be refundable under any circumstances

Indemnification. You agree to defend, indemnify, and hold harmless Jesus Soft., its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Service and any breach by you of these Terms and Conditions.

Links to Other Web Services. This Service may, from time to time, contain links to other Internet web services for the convenience of users in locating one of our clients’ services, information, or services that may be of interest. These services are maintained by organizations over which Jesus Soft. exercises no control, and Jesus Soft. expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party services. Jesus Soft. does not control, endorse, promote, or have any affiliation with any other web service unless expressly stated herein.

Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable provincial, national and international laws and regulations. Neither Jesus Soft. nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Governing Law and Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Tamil nadu, India, without reference to its choice of law rules. By accessing, viewing, or using the material on the Service, you consent to the jurisdiction of the federal and provincial courts presiding in Tamil nadu,India, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Service is controlled and operated by Jesus Soft. from its offices within India. Jesus Soft. makes no representation that materials in the Service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so of their own volition and are responsible for compliance with applicable local laws.

These Terms and Conditions constitute the entire agreement between you and Jesus Soft. with respect to your use of the Service. You acknowledge that, in providing you access to and use of the Service, Jesus Soft. has relied on your agreement to be legally bound by these Terms and Conditions.
• All Distributed under Tuticorin Jurisdiction

Contact Information.

Jesus Soft. welcomes your comments regarding this Terms of Use, please contact us by e-mail, or postal mail.