The performance of BMS System online depends on the Clients internet bandwidth (the minimum requirement is 1 mbps at 1:1 ratio) & the computer configuration. The Company bears all responsibility of keeping and ensuring that the passwords are kept in a safe and secured manner and are not disclosed to any person or entity. In such cases where it is shared with other parties, they will bear all liability that may occur as a result of the password being used by third parties.
When the Client shares information regarding Properties/ Projects with Third parties for display on social media and other partner property portals, we do not undertake the responsibility for information you share with them. The Client hereby agrees to immediately notify the Company of any unauthorised use of their account or any information regarding breach of security.
The Company releases upgrades to all its users from time to time. The version upgrades usually contain new features, and improvements in the BMS system to enhance performance and functionality. The Company only decides on the changes and the new features and its delivery timeline to the Client. The Client hereby acknowledges that the BMS system cannot be guaranteed to be error-free. In particular, we do not guarantee that the BMS system will detect and/ or remove all malicious BMS system, recover all data, rectify all errors, or otherwise identify and address all potential factors that could negatively affect the performance and security of your system.
Apart from any warranties implied by the law and that you cannot lawfully exclude (Legally Implied Warranties), the Company does not provide any warranties in relation to the BMS system including, but not limited to the merchantability, non-infringement or the performance or fitness for the purpose of the BMS system. To the maximum possible extent, we also exclude the Legally Implied Warranties.
Under no circumstances and under no legal theory, whether contract or otherwise, will the Company or its suppliers or resellers be liable to or for any direct/ indirect, special, incidental, or consequential damages of any kind including, without limitation, to damages for loss of goodwill, loss of data, economic loss, damages for work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The intellectual and perpetual rights to the BMS system reside with edynamics Tech Solutions Private Limited only. FTP/ DB access is strictly confidential and will NOT be shared with any customers or their vendors in any conditions.
The Company provides technical and navigational support via support tickets. This might involve the use of desktop sharing Software system such as Team Viewer or Ammyy Admin or Any Desk. Support tickets will be generally resolved in 48 working hours, in case there is third party dependability (eg. SMS or Cloud Telephony related) then Company does not provide any support timeline to resolve the support ticket. Support tickets and support telephonic line will be active and entertained on Monday to Friday except public holidays.
The Company provides trainings to its Clients based on the BMS Application variant Client have subscribed. The Company reserves the right to provide the training personally or telephonic via screen sharing. The Company reserves the right to take final decision regarding any kind of trainings to Client.
The existing contract will be valid for a period of licence, after which the customer has to renew the subscription to continue utilising the services. Minimum 60% of the prevailing licence cost of the selected BMS System variant will be applicable for BMS Licence renewal for the existing Client.
The Company allows the Client to store/ publish unlimited number of properties and projects. However, the customer must not misuse this service as data leads to usage of disk space, bandwidth, databases and other resources which are not unlimited. The following (including but not limited to) is NOT PERMITTED: Displaying illegal content including, but not limited to pirated BMS system, music, films, applications or their media stored in any file formats, or extensions. Online storage of file archives, backups, documents, log files, etc. Sharing of your account. Storage space of 10 GB.
We do not provide any refunds.
Clients undertake that they will maintain a list of their current employees, customers, Clients, or vendors and will send messages only in compliance with the rules, regulations, guidelines, directions of the TRAI(Telecom Regulatory Authority of India). Clients will provide auditable reports, showing that their messages are sent only to their employees, customers, Clients, along with the proof they are their employees, customers, Clients, or vendors whenever requested. This will help the Company validate that our Clients communicate only with their customers, employees, Clients, or vendors and to prove/ disprove any complaints obtained thereof.
The services provided to Clients under this Agreement include certain services developed, provided or maintained by third-party service providers. Access to or use of any those services ("Third Party Services") by our customers is subject to any separate agreement that customers may enter into (or may have entered into) relating to those Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement. All other Third Party Services will be subject to the terms of this Agreement. Each Third Party Provider retains all right, title and interest in and to all Third Party Services and all BMS system, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto. Each Third Party Provider will be a beneficiary of the terms of this Agreement as to the Third Party Services provided by the Third Party Provider and will have all rights necessary to enforce this Agreement against customers in the case of any breach of those terms.
Clients undertake that they will maintain a list of their current employees, customers, Clients, or vendors, and will make outgoing or receive incoming calls only in compliance with the rules, regulations, guidelines, directions of the TRAI/ DOT(Department of Telecommunication) and/ or TCCP (Telecom Commercial Communications Customer Preference). Clients will provide auditable reports, showing that their calls are made or received only to or from their employees, customers, Clients, or vendors along with the proof they are their employees, customers, Clients, or vendors whenever requested. This will help the Company validate that our Clients communicate only with their customers, employees, Clients, or vendors and to prove/ disprove any complaints obtained thereof. Company does not undertake any warranty or guarantee that the cloud telephony service is error free. By subscribing the cloud telephony services Client is bound by the cloud telephony service provider’s service agreement. A one full calendar month advance notice period will be required, to partially or fully discontinue the cloud telephony services.
Our Client represents, warrants, and covenants that :
The sole warranties regarding the services provided under this agreement are those express warranties (if any) provided to client by company under this agreement. All third party services are provided by each third party provider strictly “as is” and “as available” and all third party providers expressly disclaim any and all warranties and representations of any kind with regard to all third party services, whether express, implied or statutory, including, without limitation, any warranties of fitness for a particular purpose, merchantability, title or non-infringement. No oral or written information or advice given by client or any third party provider will create any warranties by or on behalf of third party provider.
Client agrees to and hereby does indemnify, defend, and hold harmless the Company, its Third Party Providers and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys fees, court costs, damage awards, and settlement amounts) that result from or relate to any claim or allegation against any Indemnified Party arising from Client accessing or using the services provided under this Agreement (including any Third Party Services) or from any email or other communication generated or sent through such services or any content contained therein, whether or not in breach of this Agreement.
Client agrees that responsibility and liability for the services provided under this agreement is strictly with the service provider. No third party provider will have any liability under this agreement or otherwise in connection with any services provided under this agreement (including third party services), including, without limitation, for any direct, indirect, incidental, special, exemplary, consequential or other form damages, however caused, under any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), even if such party has been advised of the possibility of such damages, including, without limitation, any loss of data, opportunity, revenues or profits, business interruption, or procurement of substitute goods or services. In jurisdictions where the foregoing limitation of liability is not permitted, the liability of any third party provider will be limited to the maximum extent permitted by law.
The Company and its Third Party Providers will have the right to collect, extract, compile, synthesize, and analyze data and information resulting. from or relating to the use or operation of the services under this Agreement ("Service Data"). Any Service Data collected by the Company or any Third Party Provider will be owned by the party collecting the Service Data and may be used by that party for any lawful business purpose without a duty of accounting to Client subject to the then current privacy policy applicable to the services under this Agreement. The Client consents to the use and disclosure of personally identifiable and other data and information as described in this Agreement and in the then-current privacy policy applicable to the services provided under this Agreement ("Privacy Policy").
The Client will be responsible for all data, information and other content ("Content") provided by the Client in connection with the services provided under this Agreement. The Client will not provide and will not permit any third party to provide or to use the services provided under this Agreement to provide, any Content that :
The Company and its Third-Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. The Company and its Third Party Providers may take remedial action if any Content violates this Section, however the Company and its Third Party Providers are under no obligation to review any Content for accuracy or potential liability.
The Client grants to the Company and its Third Party Providers all necessary rights and licenses in and to all Content necessary for the Company and its Third Party Providers to provide the services under this Agreement. The Client will maintain an adequate backup of all Content and the Company and its Third Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of any Content. The Client represents and warrants that the Client has all necessary right, title, interest and consent necessary to allow the Company and its Third Party Providers to use all Content as set forth in this Agreement and as otherwise necessary to provide the services under this Agreement.
Sometimes, we do request some personal information from the Client, like your name, email address, Company name, or telephone number. It is your choice whether you want to provide these or not. Any and all information that you do provide will be considered strictly voluntary. The Company uses this information only for evaluation purposes, such as feedback regarding your experience. The Company may use this information to help serve you better by informing you of new services, products, alliances, etc that could better your business or user experience. In general, you can visit our site/ application without providing the information requested. However, some of the functions on the site will only be made available after the details are filled. All the information that you provide will be considered to have been provided with your full consent, own volition, and desire to provide the information. You consent to your name being used in collaterals, websites, and any other marketing material. You also agree that we do not verify the source from which the personal information about you is provided to us and they are deemed to be provided by you.
You agree to this policy when you use BMS System & websites. This Privacy Policy supersedes any earlier version. Any changes to this Policy will be posted on the site for your immediate referral.
If you have any questions about this privacy statement, please reach us at:
Office No 101, Sayali Villa, Shreenath Nagar
Lane No 3, SR No 87, Near Ganraj Chowk, Baner,
Pune, Maharashtra 411045
Contact No. : +91 95950 18000
E-mail : support@edynamics.co.in
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