TERMS AND CONDITIONS

The Service

  • The Service shall be provided by means of an access to a Uniform Resource Locator (URL) designated by the Company. In relation thereto, the Company shall provide the Client with a License Keys to access the designated URL. The Client shall be solely responsible for maintaining the confidentiality of its License Keys and for all activities that occur under the License Keys. The Client agrees to notify the Company immediately of any unauthorized use of its License Keys or any other breach of security.
  • The Company reserves the right to introduce new features, functionalities and/or applications to the Services made available to the client, provided they have enrolled and renewed their AMC (Annual Maintenance Contract).
  • QiK Circle offers fully functional software with additional six (6) months of free usage on buying for One Year (1 year). Initially, the client will have to buy the software for one year (1 year) and thereafter, he/she will be liable to avail the offer for additional 6 months free of cost. We offer one-time implementation and training.
  • The Company does not take back up of any data and information, its Client’s responsibility to regularly back up the data. The Company shall not be liable for any failure to back up or restore any information or for interruptions, delay or suspension of access to or unavailability of the Service, or any loss of such information, data or transmissions. The Billing Department will compare information provided by You to the monitoring data that QiK Circle maintains.

Technical Support

  • QiK Circle will provide Client through their authorized account contacts with technical support on setting up and configuring clients account, access to the Services, and other issues related to the Services. Only client's authorized account contacts may request information, changes or technical support pursuant to the Agreement.
  • QiK Circle uses commercially reasonable efforts to maintain a standard response time to technical support issues. This response time will depend on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to server unavailability. The estimated time to respond does not apply to inquiries that require extensive research and testing.
  • Technical Support is available 24/7, 365 days by email, online chat, instant messengers and phone. In case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting QiK Circle. If you still wish to seek technical help, an email must be sent to tech@qikcircle.com or to any other email address notified by email to you by QiK Circle. Notices to you will be sent to the email address, which you provided when setting up your access to the Software.

Payment Terms

  • All payments shall be made in advance and payable in US$ (USD). Or its equivalent in any other currency acceptable to the Company or to such other account as the Company may direct.
  • The Charges are exclusive of any taxes, duties or other governmental levies or charges that the Client shall continue to be liable for as and when the same is imposed.
  • The Company reserves the right to modify its pricing structure and payment conditions from time to time.
  • If we do not receive payment towards the Subscription Charges within the due date of Your Account, in that case Your Data will be saved with us for only fifteen (15) days.

Privacy - Confidentiality

QiK Circle is committed to protect Your privacy and the confidentiality of Your data to the maximum extent permitted by law and/or accepted by industry standards. We will not access, view or review any of your private data accessible to us unless: Either You or a government agency or regulatory body specifically requests us to do so; When performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or If such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, perform various kinds of performance test, restore systems operation in the event of a server failure, or prevent a server failure, Service outage or other damage. Under no other circumstances will QiK Circle access your private data or share Your confidential data with any third parties without Your prior permission, except to the extent required by law or governmental or regulatory body or necessary to render our services to You. All QiK Circle employees have a NDA (Non-Disclosure Agreement) signed with Company

Data Retention

While your account is active, QiK Circle shall retain your data. QiK Circle shall not be responsible for retaining any of Your data after account termination within fifteen (15) days. All data is deleted from the servers after your account is terminated and from backups during scheduled backup rotation. QiK Circle shall not restore, provide on any storage media or send out any data pertaining to terminated accounts, unless specifically noted in a customized service agreement.

Customer Responsibilities

To access QiK Circle, services you must provide at the very minimum:

  • An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing data uploading and downloading.
  • You grant QiK Circle the right to include your company's name or property name as a customer on QiK Circle’s websites and other advertising. In case your company name or property name is included and you want it to be de-listed, you need to give a written request. Within 30 days QiK Circle will remove your company's name from the websites and will cease to include the name in QiK Circle’s other future advertising and promotional materials.

Limitations of Liability

  • Under no circumstances shall the Company nor its vendors and service providers be held liable for any delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. If any such event shall continue for a period of ninety (90) days, either party may terminate the arrangements hereunder without liability to the other party, upon written notice to the other party. In such event, the Client shall pay the Company a reasonable sum in relation to the Service provided to the Client prior to termination.
  • Both parties shall not be liable for any indirect, punitive, exemplary, consequential, special and incidental damages including lost profits, suffered by the other party for any reason (including tort, negligence, or breach of contract) whatsoever.
  • The Client hereby agrees to indemnify and save the Company harmless against all losses, damages, expenses, liabilities, claims, and costs (including reasonable legal costs) arising out of or referable to any claims, actions or proceedings brought by any third parties arising out of the Client's use of the Service.
  • The company shall not be responsible for over bookings and it is the Clients responsibility to carefully manage their Inventory

General

  • If any term herein shall either in whole or in part be held to be illegal or unenforceable under any rule of law, these terms should be interpreted to affect the intentions of the parties and the remaining provisions will remain in effect.
  • The Client agrees that the Company may identify the Client as one of its clients in its promotional media and literature and disclose to current and prospective clients and investors that the Client is a subscriber and user of the Company's products and services.

Governing Law

This Agreement shall be construed and enforced in accordance under the laws of the Republic of India. Any disputes arising out of this agreement shall be subject to the jurisdiction of the courts located in the state of New Delhi, India.