Section A :- Introduction
www.infraconsoft.com (herein called the “software”, ” infraconsoft” ,“Website”), which is owned and maintained by Nissi Infotech P Ltd - India is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to for the exclusive use of “International customer” who lives outside the country India herein called the ““International customer” the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, (or) by directly communicating through email “International customer” and your business agree to the terms set forth herein. By placing the order , making the payment, continuing to use the software , it is deemed as “International customer” agrees to these terms and conditions in their entirety, “International customer” is not authorized to use the “software”, “infraconsoft” , “website” in any manner or form whatsoever in case of not agreeing to any clause, terms of this agreement.
Section B :- Meaning and definitions of some of the words used in this contract:-
1)Monthly user license charges (MULC) means a the “infraconsoft” subscription paid on monthly basis (paid every 30 days)
2) Quarterly user license charges (QULC) means a the “infraconsoft” subscription paid on quarterly basis.(paid every 90 days)
3) Yearly user license charges (YULC) means a the “infraconsoft” subscription paid on yearly basis. (paid every 365 days)
4)“Nissi” (or) “nissi” means :- Nissi Infotech P Ltd
5)”““INTERNATIONAL CUSTOMER”””” (or) ““client””” means = the “prospect who has paid for the www.infraconsoft.com “user license” who lives within the country India.
6)”““INTERNATIONAL CUSTOMER”””” city means:- The city where ““International customer””” lives and wants the software the www.infraconsoft.com “user license” to be used and to be implemented.
7)Implementation meaning :- “Www.infraconsoft.com implementation” (or)“software implementation” means teaching the “client” how to use the www.infraconsoft.com software , how to adapt and use the www.infraconsoft.com software fully for day to day use for business activities and handhold the “client” and staff of client to use the software fully until they are fully able to use the www.infraconsoft.com software .
8)“Customization” means to make changes to www.infraconsoft.com software and to modify, add features , modules ,reports etc., in the software as per the request of “client” if the request is technically and commercially cleared ,viable and possible subject to the terms.
9)“Nissi implementation staff “means the staff of Nissi allocated to ”““INTERNATIONAL CUSTOMER”””” for specific prepaid hours. at Nissi campus at coimbatore-India for teaching ,training and implementation of software www.infraconsoft.com remotely online for ““International customer”””s
10)“Nissi customization staff “ means the staff of Nissi allocated to ”““INTERNATIONAL CUSTOMER”””” for specific prepaid hours. at Nissi campus at coimbatore-India for customizing /modifying the software as per the need of ““International customer”””
11) “Nissi Onsite Implementation staff- (NOMIS)” means the the Nissi staff who will be deputed to “Client city” for implementing Infraconsoft software. This staff is to train the staff of “client” on old or new modules, co-ordinate with “client” and “nissi” staff to get the “customization” done by Nissi customization staff , test customized features of the software and deliver customization and implement the customized feature at “client” premises.
12) . “User License” means the “subscription charges payable by ““International customer”” to use the infraconsoft software” for a specific period .( and) each login and a password(s) provided by Nissi Infotech P ltd to ““International customer””s to log into the infraconsoft software can access any one or all of the 10 modules of the software from one computer at a time/by one person at a time. Using one user license and accessing different modules ,by different users , from different computers,simultaneously at the same time is not allowed. The access to any module will be based on the access rights provided to that particular “user” by the admin of the software.
13) “due date” means the exact date on which the ““subscription charges” are to paid and renewed.
14. Infraconsoft , (or)Infraconsoft 3.0 (or) “infraconsoft” 4.0 (or) “software“ means the various different software versions of the Infraconsoft.com software that is developed and fully owned by Nissi Infotech P ltd .
15. “Modules” or “Infraconsoft modules” means each of a set of standardized parts or 10 +independent units of infraconsoft software that constitute the complete structure of infraconsoft software.
16. “Contract period” means the time duration up to which date the “client” has paid for maintenance/renewed his “user license” of his software as per this agreement.
17. “ Software maintenance” or “ maintenance” (or) “ bug fixing” means the activity of ensuring the already provided/delivered software and its existing facilities, its database, its software functionalities are working without any problem for “Client” during the “contract period” .
18. “Bug” means any mal functioning of the already existing facility, function, feature, button, facility in Infraconsoft that was delivered to ‘client”. This does not include any new requirement or new changes and facilities. Also it does not include anything that client expects to be there beyond what is already there in infraconsoft or the software to have the function, deliver, report, module, or facility as per client’s domain knowledge of construction industry.
19. “hosting” means the web server space where the software used by “client” is hosted, stored for internet based usage.
20. “cloud server” A cloud server is a virtual server (rather than a physical server) running in a cloudcomputing environment. It is built, hosted and delivered via a cloud computing platform via the internet.
21. “hosted solution” or “web based solution” means the Infraconsoft software which will only work from a web based server where -the users will be allowed to access and use it via internet during a “contract period” .
22. “Infra-Wisdom “ , Infra- Prudence and Infra-Insight – means the commercial plan name of the Infraconsoft software based on which the prices are provided by “nissi” to “client”.
23. “site” (or) “branch” means the number of projects of client which can be managed using software login created separately for the physical business branches of “client” in Infraconsoft software.
24. “site (or) branch” charges” means the charges that are payable for the “site” (or) “branch” facility in infraconsoft software.
25. “stores” means the software stores facility created separately for the physical business stores of “client” in Infraconsoft software where the stock, inventory of “client” is entered and maintained.
26. “store charges” means the charges that are payable for the “stores” facility in infraconsoft software ,
27. “Infraconsoft software version retirement” means the date beyond which nissi expresses inability to maintain, bug fix, and provide support any versions of infraconsoft software.
28. “Work location” means the work places where the vehicle(s) of “client” can work and which can be tracked in the Infraconsoft software. This does not mean a “stores” or “branch” (or) sites.
29. “work location charges” means the charges that are payable for the “work location” facility in infraconsoft software .
Section C:- Infraconsoft Plan names:-
A1 – Intl-One module plan (1MP-A)
A2 –Infraconsoft - Intl -Prudence Monthly plan
A3 –Infraconsoft - Intl -Prudence Life time plan
A4 –Infraconsoft- Intl- Insight-5 (yearly plan)
Section D:- Other plans
1 - Intl--One module plan-(1mp-b)
2- Intl--One module plan-(1MP-C)
3- Intl--Two Module plan (2MP)
4- Intl--Three Module plan (3MP)
5- Intl--Four Module plan (4MP)
6- Intl--Five module plan (5MP)
7- Intl--Six Module plan (6MP)
8- Intl--Seven module plan (7MP)
9- Intl--Eight Module plan (8MP)
10- Intl--Nine Module plan (9MP)
11- Intl--Ten module plan (10MP)
Section E :- prepaid customization and implementation plans:-
12)25 hours-online- implementation (INTL-25-NIS)
13)50 hours of -online-implementation (INTL—50-NIS)
14) “100 hours -Nissi –prepaid-Intl--Implementation Staff“ (NP2IS)
15)remote-customization 25 hours plan (INTL-25-NCS)
16)remote-customization 50 hours plan (INTL-50-NCS)
17) Nissi-prepaid-Intl-- Customization Staff“ (NPICS)
18)Nissi post paid Onsite Implementation staff- (INTL-NOMIS)
19) Nissi-post-paid-Intl-- Customization Staff“ (INTL--PNCS)
General section F:-
Infraconsoft modules ordered by ““International customer”” :-
1. Refer the “order confirmation” from “Nissi”
Section 1:- About Software:-
• This software is web based software which will work thro internet only , so that you can use ,view your software reports from anywhere any time.
• The training will be provided over phone, internet, chat , email – In case you need our staff to come to your location and provide training, that can be done at special low cost as explained in this proposal.
• Kindly allocate two staff from your side who knows English for this training to learn from us and train others at your office
Section 2:- License information:-
1. Plan name:- “refer the order confirmation from Nissi”
2. Infraconsoft – “Nissi server License” (Software works from Nissi server only)
3. HO /Branch /site /project License – “refer the order confirmation from Nissi”
4. Online User license – “refer the order confirmation from Nissi”
5. *Tally -infraconsoft integration module license - “refer the order confirmation from Nissi”
6. Admin user-“refer the order confirmation from Nissi”
7. Number of modules requested - “refer the order confirmation from Nissi”
*tally is the brand owned by respective owners
Section 3:- Infra-plans -Version details:-
1. Software version: Infraconsoft-ver-4 (online)
2. Web based version-Cloud-Online software
3. compatible to mobile & Tablets
4. Online version Can be accessed via internet from anywhere anytime.
Section 4:- Quotation:-
The special offers that are mentioned in this quotation is called the “ The offer”date”” and are valid till “Offer date”.
Section 5 a:- modules included in this quotation.
1. Refer the “order confirmation” from “Nissi”
Section 5 :-
User License –monthly charges:-
1 ) Online User License= “refer the order confirmation from Nissi”
2)HO+ Branch /site license – “refer the order confirmation from Nissi”
3) Admin user = “refer the order confirmation from Nissi”
4)Tally infraconsoft Integration License = “refer the order confirmation from Nissi”
8)Price for Infraconsoft – “refer the order confirmation from Nissi”
Total User licenses “refer the order confirmation from Nissi”
Section 5 a:- Monthly charges section :- ““International customer”” has to select from the following plans for training and customisation of software- payable until the training and customisation has been completed to the full satisfaction of customer. Customer can stop this anytime after 1 month or extend for any number of months if there is a need. When the Implementation ,training & customization need is reducing gradually customers can reduce and pay for ,50,25 hours of support gradually @US$6 per hour )
1)“100 hours- Nissi –prepaid-Intl--Implementation Staff“ (NP2IS)
2)”100 hours- Nissi-prepaid-Intl-- Customization Staff“ (NPICS)
Section :-6 Terms for Infraconsoft – Nissi server License:-
1. ““International customer””means a person who has paid for the Infraconsoft subcription and who “DOES NOT LIVE” in any countries Afghanistan.
2. The “““ The offer”date”” is given for specifications requested by customer combined with user license and the branches and valid upto “““ The offer”date”” only. If ““International customer””does not opt for all same specifications, or if the payment is not done before the offer date , there after the “without offer pricing” prevailing will be sent.
3. The software “user license subscription charges” will be provided subject to terms of “order agreement and maintenance contract detailed in this proposal and more elaborately in the “admin login area” of infraconsoft software which when logged and software used will be deemed as “agreement signed”.
4. Optionally “customer” can request for a printed agreement for signature for their records.
5. Delivery of software license logins will be as follows:-
a. infraconsoft license will be sent within 7 days from the date of payment.
6. Payment terms:-
7. 100% advance on or before ““ The offer date”
8. ““Infraconsoft --plans” subscription charges are being paid by ““International customer””only as “subscription charges” to log into online software and use the software until such time the ““International customer””want to use the software and are paying the “subscription charges” for ““Infraconsoft --plans” ordered by ““International customer””
9. “““ The offer date”means the usual initial discount charges extended by Nissi to all ““International customer””to who subscribe to infraconsoft software irrespective of they (“Intl- countries customer”) request for discount or not for the following reason.
a. This ““ The offer date” discount is also provided to compensate for the reasonable, un avoidable delay if any from both sides for full and final infraconsoft implementation . This is provided so that still if there are any of the delays from both sides the renewals cannot be delayed or payments cannot be withheld as there will be no delays caused intentionally from both sides.
b. This ““ The offer date”discount is also provided for ““International customer””to spend for implimentation & customization as long as possible so that they can have a fully customized software perfectly suitable as per their working culture.
c. In this proposal the user license that is costing Rs.5 000/- per user , per month has been provided to customer at a huge discounted price as above.
10. ““International customer””may opt for more users, more modules, more branches, more stores, more work locations ,more of other services @ extra cost prevailing at the time of such request. If ““International customer””like to add more users at the current “offer date” price, they may do so since the same price may not be provided at latter dates.
11. “User License” means the “subscription charges payable by customer to use the infraconsoft software” for a specific period .( and) each login and a password(s) provided by Nissi Infotech P ltd to ““International customer””to log into the infraconsoft software can access ONLY ONE of the 10 modules of the software from one computer at a time/by one person at a time. Using one user license and accessing different modules ,by different users , from different computers,simultaneously at the same time is not allowed. The access to any module will be based on the access rights provided to that particular “user” by the admin of the software .
12. Nissi does not provide the infraconsoft software to any customer without first providing the full demonstration of the software explaining its features to “Intl- countries customer”. ““International customer””agrees that they have seen the see the full demonstration (free of cost one time) of the software and only after checking all the features of the infraconsoft, they have ordered for the software. After placing the order and making the payment , customer agrees not to dispute anytime that they expected some feature to be there and its not there.
Section :-7 OtherTerms for Infraconsoft – Nissi server License:-
1. Renewal charges have to be paid exactly on “due date” as follows :-a)Infraconsoft “monthly user License charges (MULC)” 5 days before the “due date” (30 days after the previous payment ,)
b) Quarterly user license charges (QULC) 10 days before the the “due date” (90 days after the previous payment.)
c) Yearly user license charges (YULC) 15 days before the “due date” ( 12 months after the previous payment.) This is irrespective when the training and implementation of any old or new modules have been completed finally. The huge discount offers are provided to “““INTERNATIONAL CUSTOMER”””s is to cover the cost during such reasonable delays(from both sides) if any only. Once the User license has been enabled, the user licenses becomes due for renewal on “due date”.
3. .“user license renewal increase”(ULRI)”
User license charges will be increased 15% every year to support the constant cost escalations and demand for more infrastructure, technology updates and server security and support for the Infraconsoft software.The yearly increase will be applicable for Infraconsoft Yearly user License charges (YULC), for Infraconsoft quarterly user License charges (QULC) and Infraconsoft monthly user License charges (MULC) exactly after 12 months from the date of first payment (date of order).
4.Hosting space for software :- To support constant need of more hosting space ,all the allocated users license will be provided 1 GB (one GB hosting space each for the first year along with software.. If the space requirement increases faster than expected , Nissi will add more space to “client” every year to cope up with the demand by the usage of client at extra cost prevailing at the time of such request..
5)Server ”resource hunger” means anytime when the “client” is re questing the higher than allocated speed ,space, facility, and other technical need for the “user license” allocated to “client” beyond what is allocated and anytime of the year.
6)““hosting space emergency addition” &“hosting space dedicated server addition” means to increasing of the “hosting “ space in the middle of the year (or) providing a dedicated server to “client” any time during the year based on the requirement of the “user license “ performance and the “resource hunger” of infaconsoft soft ware user license provided to “client”.
7)“hosting space emergency addition” &“hosting space dedicated server addition” will be done and suggested to “client” during the following circumstances. (but not limited to only the following circumstances)
a) when “client” constantly complaints that his/her infraconsoft “user license” alone is not performing at the speed in which “““INTERNATIONAL CUSTOMER””” expects it to work.
b) when “client” requests that his/her infraconsoft “user license” alone needs some special facilities and nissi finds that such facilities can be provided only if the infraconsoft “user license” of the “client” is shifted to dedicated server.
c) when “client” requests that his/her infraconsoft “user license” alone needs some additional space beyond what is allocated on regular basis.
8.Refund /cancellation policy:- “““INTERNATIONAL CUSTOMER”””s can request for an order cancellation/refund within 7 days from the date of order .
e)Thereafter for the first year , there will be no refund /cancellation allowed. From 2nd year onwards if the “client” any time prefers not to continue may decide not to renew their contract by informing nissi 60 days in advance before the expiry. When a new “““INTERNATIONAL CUSTOMER””” is inducted, Nissi creates a big infrastructure to support his software and pay for it in advance so , once its all done its not possible for us to refund so we maintain this no-refund-policy.
9. Database maintenance and backups :-Nissi will provide back up and maintenance. our staff will take daily back up and restore it as and when needed. In fact the back up is also taken automatically from the cloud server to another cloud server so that extra caution is taken on the back ups. The back up of “““INTERNATIONAL CUSTOMER””” data is provided to “““INTERNATIONAL CUSTOMER”””s in xl format if “““INTERNATIONAL CUSTOMER”””s would like to cancel their subscription with nissi and shift to some other vendor. This xl back up “““INTERNATIONAL CUSTOMER”””s can take and use it as they please. In case of “““INTERNATIONAL CUSTOMER”””s need the back up in any specific format, then the cost of conversion of the same will cost extra .Just to note here about the data back up, we have never lost any data of “““INTERNATIONAL CUSTOMER”””s for the past 13 years not even once.
Section 8:- Exit clause
1.. The “client” at anytime decides and wants to exit from the agreement, can request “nissi” to stop the access to the software. In such cases the “nissi” will evaluate the percentage of “work in progress”, completed, in “cmr” also the pending accounts payables and receivables, and inform client to pay the accounts balance if any. Once client pays the balance, “nissi” will transfer all the data entered by client into the software in an XL file and hand it over to “client” and stop the access to the software.
2. As long as “client” is interested in using the software, “nissi” will provide “client” the access to the software “infraconsoft” .But“client” can use and access the software only and until the all charges that are invoiced,communicated to “client” and demanded by “nissi” are paid on or before the “due date”:-
3. “client” can use and access the infraconsoft software only and until :-
a)all the above charges that are applicable to “client” and demanded by “nissi” are paid on or before the “due date”
b)including all the other fees listed in this agreement .
c)(or) any other new charges that were agreed ,
d)(or) communicated through mail apart from what has been agreed in this agreement
e)(or) communicated through invoices.
f) when all these payments are being paid in full by client promptly on due date.
4. When client stops, (or) delays , ANY OF above payments fully or partly, “nissi” reserves the right to stop access to the infraconsoft software , “user license” of “client” temporally or permanently.
5. In both the above cases of section 8 clause 1,2 & 3,4 (when the “client” at anytime decides and wants to exit from the agreement,) (and) (“client” delayed or does not make any payments ) the “client” the loses the rights to access to the software with immediate effect . Nissi does not accept any responsibility for the loss if any incurred by “client” due to losing of access to software. Also client agrees that he has no right to claim any damage at anytime whatsoever for this as its due to the request of client (or) negligence of client the software access has been stopped.
6. The Dispute redresses and jurisdiction :-All disputes arising out this agreement will be first referred to “dispute redressal team” consisting of members from both Nissi and Client who will first try to solve the problem within the parameters of this agreement. All other unresolved matters will be DEALT by the courts of Coimbatore city of Tamil nadu , India only. The courts of Coimbatore city of Tamil nadu , India alone will have jurisdiction on this matter.
7. maximum compensation limit:-In any remote case when any court anytime decides that nissi has to pay the damages to client , the maximum damage payable by nissi will be limited to the “ first payment” (OR) US$2000 whichever lower will be refunded . This will be full and final settlement for the damages if any . All the rest money paid by “client” to nissi is to maintain the software license and provide additional services to ‘client”.
8. Upgrade the next version of Infraconsoft software:-Nissi will also intimate and recommend “client” to upgrade the next version of Infraconsoft software, in any one or all the following circumstances.
a. When the version of “Infraconsoft version ” that currently licensed to “client” is upgraded to higher versions with new features and facilities and more security,
b. When the present software is continuously failing and customer is complaining frequently about the “bugs” in the software.
c. When the current version of Infraconsoft software has ‘retired” under ““Infraconsoft software version retirement” and nissi is announcing its inability to support the old version
d. Any other circumstances which nissi feels that the present version is not technically and commercially viable to provide excellent service support needed and expected by client.
e. In any of the above circumstances all the present charges and terms of this “agreement” including the charges listed in commercial section will change.
f. “nissi” will inform “client” about the new version of software and its advantages of upgrading to new version of infraconsoft.
g. If client is interested in the new features and willing to pay the up gradation fee, the software will be upgraded to new version.
h. If “client” is not willing to accept the upgraded version and to pay the cost of the same, but is paying for the lower version, then the client will have to use the software with the bugs and security problems if any by using the lower old version for which nissi will not be responsible. The support for the lower version will be extended until the “Infraconsoft software version retirement” is announced services and support and software are stopped by nissi. In case “client” has stopped the payment then such situations will be dealt as provided in this agreement.
9. 50% of the allocated “hosting” space to client will be used to maintain the full back up of “client” files.
10. In case of total failure of the server of ““infraconsoft nissi server license”where the software is working, “nissi” will take 36 hours to restore the server again. Nissi will restore all the back ups until 24 hrs before crash will be restored back to server.
11. In case of total failure of the server of Infraconsoft “own web server License”where the software is working, and if the server management is under the control of “nissi” , then will take 36 hours to restore the server again. Nissi will restore all the back ups until 24 hrs before crash will be restored back to server. If the control is not with “nissi” then Nissi will not take any responsibility of the back up.
12. When the allocated “hosting” space usage by client increases, the hosting charges will be increased by “nissi”. This will be over and above the license charges. This will be informed to client 30 days in advance before any such increases.
13. Copying, duplicating any facilities /features/concept/ idea of Infraconsoft software or allowing any third parties (including staff and agents) to access Infraconsoft to do so will be deemed as a violation of copy rights and intellectual property rights of nissi infotech private limited. The damages to Nissi that would result from this would be impossible to calculate. Therefore, Nissi shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief. customer agrees to pay the full damages to Nissi Infotech Private Limited in such circumstances.
14. In the event of “infraconsoft “version upgrades:- If “client” has purchased or requested nissi to upgrade his software to higher version , after finishing the commercial formalities, the version will be upgraded. The upgradation will happen in a concurrent and seamless up gradation from Infraconsoft lower version to Infraconsoft higher version . The Upgrading will happen as a concurrent process simultaneously and seamlessly without disturbing the working and usage of present Infraconsoft version by client.
15. Nissi will from time to time at its own discretion give some new modules or new facilities free of cost to “client”s in case nissi feels its better to upgrade the module free of cost for the benefit of Clients and better working of software or to avoid frequent “ bug” fixing. However this facility cannot be claimed as a right by “client”
Infraconsoft.com is a software product that has been under constant improvement for 13 years plus. Hence Infraconsoft.com is having thousands of “minute usage conve-niences”. This product has been in continuous use and continuous development by Nissi’s own market research and also by our “““INTERNATIONAL CUSTOMER”””s for their specific minute needs for almost 13 long years.
Hence Infraconsoft has :-
a. Improved the profitability our “““INTERNATIONAL CUSTOMER”””s
b. convenience of “““INTERNATIONAL CUSTOMER”””s
c. Improved the control of their business
d. Provided huge savings on wastage materials
e. Plugged the loop holes
f. And many more..
Infraconsoft is being implemented and used all over India and our staff have travelled to our “““INTERNATIONAL CUSTOMER”””s locations , staying there and implementing infraconsoft software . While comparing to the excellent service we give , and strong features , and 10 modules of the software , we know that the cost we are quoting is so low and it also comes with several discount packages for those who pay before the offer date. We encourage you to opt for the current offers and take advantage of the discounts as early as possible.
The Infraconsoft user license manager
Nissi Infotech Pirvate Limited
Product website :- www.infraconsoft.com