THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) IS THE AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND ACCOUNTGER SOLUTIONS. (HEREINAFTER ALSO “ACCOUNTGER”) GOVERNING YOUR USE OF ACCOUNTGER’S RANGE OF PRODUCTS AND SERVICES (HEREINAFTER ALSO “LICENSED SOFTWARE”).
Table of Contents
Modifications of the Terms and Conditions and EULA
License to use our Products and Services
Spamming and Illegal Activities
Communications from Accountger
Ownership and Intellectual Property
Terms
By using the Licensed Software, you confirm that you are agreeing to be bound by the following terms and conditions. By proceeding to download and install Licensed Software (or any updates to this Software that we may make available from time to time), you agree to the terms of this page and your use of such Software (including any updates) will be in compliance with these Terms and Conditions. If you do not agree to these, we are unwilling to license our Software to you. In this case, you may not download or install our Software and you must discontinue the download or installation process.
You agree that: You are responsible for maintaining the security, integrity, health, and backups of your database. Accountger Solutions can't and won't be liable for any loss or damage from your failure to comply with this obligation.
You will not use the Licensed Software for any illegal or unauthorized purpose. You will not, in the use of the Licensed Software, violate any laws in your jurisdiction (including but not limited to copyright laws). If you have any questions regarding these terms and conditions, please contact our Customer Service at support@accountger.com
Modifications of the Terms and Conditions and EULA
Accountger Solutions reserves the right to update and change the Terms and Conditions / EULA from time to time without notice. Any new features that augment or enhance the current Licensed Software, including the release of the updates, shall be subject to these Terms and Conditions. Continued use of the Licensed Software after any such changes shall constitute your consent to such changes. You can review the most current version of these Terms and Conditions at any time at http://accountger.com/terms.html
License to use our Products and Service
"License" means the terms and conditions for the use of the software Accountger, and has the form of an Authorization Key document that sets forth one specific Licensed Software and the specific number of Concurrent Authorized Users and Serial Number and Authorization Code associated with the Licensed Software. Its form may vary depending of the chosen type of Service.
You agree to provide an internet connection to the computer where the Licensed Software is installed on a regular basis to revalidate the license key with Accountger Solutions’ license server.
As part of the installation or registration process, Accountger Solutions will collect information such as contact person, mobile number, email address, business name and address along with details of taxation authorities if applicable. This information will be available in Accountger Solutions’ Self-care portal (http://selfcare.accountger.com) to serve you better.
Permission is also granted to temporarily download one copy of the Accountger materials (information or software) for testing purposes from Accountger website for personal, non-commercial transitory viewing only.
Restrictions on Use
You agree to:
Use the Licensed Software solely for your use or the entity that you represent.
Provide true, accurate, current and complete information; and,
Promptly notify us to update the information provided during the installation or registration to keep it true, accurate, current, and complete.
You agree not to:
Enable public performance or other activities prohibited by applicable copyright law.
Apply the same license to more than one computer;
Remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
Make any copies except for one back-up or archival copy, for a temporary emergency purpose;
Rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application;
Modify the Licensed Software;
Sell, rent, lease, license, distribute, transfer or sub-license the license of this software;
Republish material from this software;
Sell, rent, lease, license, distribute, transfer or sub-license material from the software;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained by Accountger;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror" the materials on any other server;
Allow any third parties to access, use or support the Licensed Software.
This license shall automatically terminate if you violate any of these restrictions and may also be terminated by Accountger Solutions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libellous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email and messages. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Third Party Applications
Accountger Software and its Services integrate with many third-party applications (hereinafter "Third-party Application(s)"). Access and use of the Third-party applications may require acceptance of terms of service and privacy policies applicable to such Third-party applications (hereinafter "Third-party Terms"). You are responsible for reading and understanding the Third-party Terms before accessing or using any Third-party application. You acknowledge and agree that Accountger is not liable for any Third-party applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Accountger may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Accountger services, any Third-party application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
Third-party
Accountger Solutions is not responsible for support, customization or development carried out by third-party suppliers engaged by you. Accountger Solutions is not responsible for commitment entered into by a third party that could represent an obstacle to the performance of these Terms and Conditions.
Fees and Payments
Accountger’s Licensed Software and its other associated services are available under subscription plans of various durations along with annual maintenance contract (AMC). You should note that different limitations apply to the various subscriptions. Any supplemental terms applicable to the subscriptions are incorporated herein. We may also provide promotional or free subscriptions which are limited in time, specifications etc. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date.
You must designate from the site a payment method you are authorized to use and provide us with accurate and up to date billing and payment information. We will bill you for paid subscription and renewal as applicable, including any applicable taxes, fees and surcharges, through the payment method you designate and you agree to pay us for all charges incurred under your account.
Renewal of subscriptions are billed in advance upon delivery of that Service. The Authorization Code is received only after all the charges are paid. All charges are non-refundable after 30 days per Refund Policy, even if you eventually stop using the Service.
License change: You can change the company name associated with your license key within 60 days of purchase only. After this period, you can no longer change the company name associated with this license. Exceptions are made only for cases where the name has been misspelled.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Accountger in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Accountger will invoice you for such Taxes. You agree to pay Accountger such Taxes in addition to the subscription fees. Accountger shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
Refund Policy
Accountger Solutions offers you a 30-day return policy ("return policy", “money-back policy”, or the "refund policy") for and from the moment of paying the first license fee for the Licensed Software. To obtain a refund, please notify the Accountger Sales (using the model below) to the email mentioned on the website, from the email used in order to access the account, within maximum 30 calendar days from the moment of paying the first license fee for the Licensed Software after creating the account. We will then process a refund of the paid license fee minus payment processing fees, in the same account from which the license fee was paid. Accountger Solutions shall use reasonable endeavours to downgrade your account to the free version. If no downgrade was performed to your account to the free version Accountger Solutions shall delete your account and agreement shall be rightfully terminated at the date of such deletion, without putting in delay, without fulfilling any other formalities and without any other judiciary or extra-judiciary procedure, and you will have no right anymore in relation to the Licensed Software. In order to benefit of the refund, you have to notify Accountger Solutions using the model form below, otherwise you will not benefit of the refund policy:
Email to: sales@accountger.com
I hereby give notice that I want to benefit of the refund policy for the license fee paid by the undersigned.
Business Name:
Registered Mobile Number:
Subscription Number:
Date:
Accounts and Privileges
When you sign up for an account for your organization you may specify at least one administrator/ authorized user and other less privileged account if required. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Accountger is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@accountger.com, provided that the process is acceptable to Accountger. In the absence of any specified administrator account recovery process, Accountger may provide control of an administrator account to an individual providing proof satisfactory to Accountger demonstrating authorization to act on behalf of the organization. You agree not to hold Accountger liable for the consequences of any action taken by Accountger in good faith in this regard.
Technical Support
Accountger Solutions provides the support that includes email support for problem reporting, remote computer control support for problem resolution, product updates, and online access to the product documentation. To avail, the Technical Support, explicit purchase of Accountger Solutions AMC (annual maintenance contract – valid for one year) is required.
Communications from Accountger
The Service may include certain communications from Accountger, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head "Grievance Redressal" applies), we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Accountger in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Accountger to the complainant.
Grievance Redressal
In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Deivendran T., can be contacted by sending an email to deivendran@accountger.com.
Ownership and Intellectual Property
Accountger Solutions owns all rights, title, and interest in and to the Licensed Software. Accountger Solutions expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by Accountger Solutions.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Accountger the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Accountger’s commercial, marketing or any similar purpose. But you grant Accountger permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
Privacy
Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following page outlines our privacy policy: https://accountger.com/privacy.html
Audit
Accountger Solutions has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
Notices
You agree that all agreements and transactions between you and us will be done electronically. You agree to receive all notices and terms regarding the Licensed Software either by (a) e-mail to you, by (b) we post them on the web page of our website. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.
Confidentiality
The Licensed Software contains proprietary information of Accountger Solutions that are protected by the laws of India and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
Warranty Disclaimer
Accountger Solutions does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
Limitation of Liability
Under no circumstances shall Accountger Solutions, or their respective parents, affiliates, directors, proprietors, employees, distributors, suppliers, agents or resellers (collectively, the "Accountger group") be liable for any indirect, special, incidental, consequential, punitive, exemplary damages, or damages for loss of business, loss of profits, business interruption, or loss of business information that result from the use of, or inability to use, the licensed software, and in no event shall Accountger group’s liability to you for all damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Accountger group has been advised of the possibility of such damage. Additionally, under no circumstances shall Accountger group is held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on or through any external sites linked from the site. Accountger group is not responsible for, and shall have no liability for, the loss of or damage to your Content and documents including any loss or damage resulting from the suspension or termination of the licensed software or this agreement.
You are responsible for maintaining the security, integrity, health, and backups of your database. Accountger Solutions can't and won't be liable for any loss or damage of your data from your failure to comply with this obligation.
Indemnification
Upon a request by Accountger Solutions you agree to defend, indemnify, and hold Accountger Solutions harmless along with their other affiliated companies, and their proprietors, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of Licensed Software or from your failure to comply with these Terms and Conditions. Accountger Solutions reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Accountger Solutions in asserting any available defences.
Governing Law
Any claim relating to Accountger Solutions’ Licensed Software shall be governed by the laws of the Chennai, state of Tamil Nadu, India without regard to its conflict of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Licensed Software shall be filed only in the Chennai, Tamil Nadu, India courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Accountger Solutions with respect to the Licensed Software and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Accountger Solutions with respect to the Licensed Software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.