Service Level Agreement

divider

TechBizStudio License and Support Service Level Agreement

Copyright Notice: This software is the intellectual property of TechBizStudio (hereafter referred as the TechBizStudio beneath), and is covered by retained intellectual property rights, including copyright. The software is made available to you as customer (hereafter referred as “Client”) under the following terms and conditions.

This License governs use of the accompanying Software, and your use of the Software constitutes acceptance of this license. “Software” includes, without limitation: all PHP / HTML files, all resource files (CSS, JPEGs, Javascript, MySQL, database/XML files, XML schema files, etc.), the source code and business concept.  “Software” may include a number of third party scripts and files and are subject to their own licensing agreements. Product names, logos, brands, and other trademarks featured or referred to within the “Software” are the property of their respective trademark holders. These trademark holders are not affiliated or associated with TechBizStudio or our products, or our website in anyway and shall not be held liable for any commission and omission for whole or part of it.

Client may use this Software for any purpose, commercial or otherwise, subject to the following restrictions in this license.

CLIENT IS GIVEN ONE LICENSE TO INSTALL THE “SOFTWARE” Multiple instances of the “Software” cannot be operated on multiple domains under a single license. Additional licenses must be purchased for every domain you wish to install the software on. You are not  permitted to install multiple instances of the “Software” on a single domain, for example on sub-domains and on a local host for testing and development purposes without prior written permission. Your license to lawfully use the “Software” will be terminated if evidence is found that the “Software” is being run on multiple domains. An additional development license can be provided upon request to run the software on local host subject to approval by TechBizStudio based on information provided by CLIENT.

CLIENT MAY NOT DISTRIBUTE/RESELL/SELL TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES. This Software is made available exclusively to the CLIENT, without the right to provide or demonstrate the Software for any third party. Your rights are personal, and are under no circumstances assignable, licensable, or otherwise transferable unless prior agreement is made with the TechBizStudio. Violation to this may invite lawsuit and civil penalties.

CLIENT MAY MODIFY THIS SOFTWARE FOR ANY PURPOSE, except that you may NOT distribute the Software to any other person in original or modified form. You may not distribute this Software or any derivative works in any form for commercial purposes, including (without limitation) running business operations, licensing, leasing, or selling/reselling the Software, or distributing the Software for use with commercial products.

SOFTWARE CUSTOMIZATION PERFORMED BY CLIENT OR THIRD PARTY WILL NOT BE ELIGIBLE FOR FREE TECHNICAL SUPPORT. TechBizStudio’s technical support team will fix problems or issues and answer questions originating in and pertaining to the core files of the SOFTWARE. Requests for assistance on how to modify the files to perform a new or different function compared to the default features will be treated as consultation requests and will be billed according to TechBizStudio’s standard hourly rate.

FOR CUSTOMIZATIONS ON PRODUCTS/CUSTOM PROJECTS – FREE TECHNICAL SUPPORT IS PROVIDED BY TECHBIZSTUDIO FOR A PERIOD OF ONE TO THREE MONTHS FROM THE DATE OF PURCHASE (depending upon the SOFTWARE purchased). Client has the right to submit tickets for technical support related to issues or questions to the core files or default features for three months from the date of your purchase. Support is restricted to one of your licenses, either the live site license or the development license. The support period does NOT apply if COMPANY is currently in the process of customizing SOFTWARE based on client requirements. Support period for customization projects begins from the date of delivery and lasts for a period of not more than three months.

In the rare case that TechBizStudio has not fixed technical support issues CLIENT has submitted during the three month support duration and the support duration expires TechBizStudio agrees to continue assigning resources to these tickets until the issues are resolved. CLIENT may not add new issues to open tickets that have passed the support duration period; any new issues reported will be ignored unless a support extension has been purchased.

UPGRADES PROVIDED FOR SOFTWARE. As the software is updated to patch errors, bugs, security flaws or to add new features CLIENT will have free, unrestricted access to the SOFTWARE updates for the duration as stated in each of the product licenses. TechBizStudio provides patch files “as is” which allows CLIENT to perform the upgrade. TechBizStudio will offer to perform the upgrade for a fixed price however if CLIENT has made any customizations that they wish to keep TechBizStudio will quote a price accordingly. APPLYING PATCH FILES MAY OVERWRITE CUSTOMIZATIONS OR MODIFICATIONS MADE TO THE EXISTING FILES AND COMPANY DOES NOT ACCEPT RESPONSIBILITY FOR LOSS OF DATA WHEN CLIENT PERFORMS THE UPGRADE.

REFUND POLICY.

Nature of goods produced are purely digital and intangible handcrafted by enormous labor which is completely irreversible leading to ‘no refund policy’ for any sort of service be it custom development or product, we engage in.

Any disagreement or dispute in custom development services after project commencement may result in cancellation as decided by TechBizStudio.

TechBizStudio is responsible for providing deliverables that are already paid for, in case of cancellation. Client is advised to have understanding our refund policy to avoid issues at a later stage, which happens rarest of the rare case UNLESS WE TECHNICALLY AGREE FOR THE SAME.

You agree to:

  • Not to sell/resell/distribute this Software or any derivative works in any form to any entity, individual, person or company
  • Not to try and circumvent or reverse engineer the licensing system in place
  • THAT THE SOFTWARE COMES “AS IS”, WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT.
  • THAT TECHBIZSTUDIO WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR THIS LICENSE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON.
  • ALL PURCHASES ARE CONSIDERED FINAL DUE TO THE DIGITAL NATURE OF THE SOFTWARE. MERCHANT GATEWAY DISPUTES WILL BE TREATED AS A BREACH OF LICENSE AND YOUR SUPPORT AND UPGRADES WILL BE SUSPENDED FOR THE DISPUTE.
  • That your rights under this License may be modified or canceled at any time, for any reason, and without notice to you, but will always be made available on our website, and that any subsequent revision or version of this License will completely supersede the terms and obligations of all earlier Licenses, including this one.
  • That your rights under the License end automatically if you breach it in any way, while your obligations remain in effect.
  • That the terms and conditions of this License shall be governed by Indian law (without regards to its conflict of law principles), and that any dispute over the terms of this License may be brought only in the state and federal courts of India AND THE JURIDICTION SHALL BE AT OFFICE OF SALE ONLY.

TechBizStudio reserves all rights not expressly granted to you in this license. If you have questions about these terms and conditions, please send email to support@techbizstudio.com but note that such questions or email will not release you from the terms and conditions of this License Agreement.