The general terms and conditions of business (referred to as “GTC”) of ARCS Solutions Private Limited, India. In this GTC “we”, “us”, “our” and “ARCS” refer to ARCS Solutions Private Limited, India. Any terms and conditions of the customer that contradict or deviate from these GTC shall not be recognized by ARCS unless ARCS should have explicitly consented to the validity thereof in writing.
The term ‘you’ refers to the user or viewer of the website. Please read these terms and conditions carefully, as they affect your legal rights.
If you continue to browse and use this website, you agree to comply with and are bound by the terms and conditions of use. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users or Viewer or Viewers or Visitor or Visitors means any third party that accesses the Website and is not either employed by ARCS and acting in the course of their employment or engaged as a consultant or otherwise providing services to ARCS and accessing the Website in connection with the provision of such services.
In this Website, including all Materials present (excluding any applicable third-party materials), is belong to ARCS and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide while you use of this Website and to prevent any unauthorized copying of the Materials. ARCS do not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
This is to inform and clarify that individuals (including but not limited to employees of ARCS and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of ARCS, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity and may not represent official positions of ARCS in any manner. ARCS retain all copyright to these blogs.
You may be permitted to post comments and feedback to these blogs. By doing so, you expressly agree and acknowledge to abide by the following:
ARCS do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a 'Submission' and collectively 'Submissions').
However, by posting, uploading, inputting, providing or submitting ('Posting') Your Submission You are granting ARCS, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all services offered by ARCS), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid, or no future commercial consideration has accrued with respect to the use of Your Submission by ARCS, as provided herein. ARCS shall be under no obligation to post or use any Submission You may provide, and ARCS shall remove any Submission at any time at its own sole discretion.
All invoices are to be paid as a rule within time period specified in our invoice upon receipt. ARCS shall issue monthly invoices retroactively, since nothing to the contrary has been agreed.
The customer may only cede rights from this contract to third parties upon the prior consent of ARCS.
ARCS shall be entitled to cede all duties imposed and all rights accrued from the contracts to third parties. ARCS shall ensure that the customer shall not suffer any disadvantages as a result thereof.
ARCS shall furthermore be entitled to deploy third parties for the fulfilment of all of obligations on its behalf. In this case ARCS shall continue to guarantee in its capacity as contractual partner the orderly fulfilment of its contractual obligations towards the customer and the customer shall accept the service performed as a service of ARCS.
All Content included on our Website, unless uploaded by User or Users or Viewer or Viewers or Visitor or Visitors, is the property of ARCS, our partners or affiliates or other relevant third parties. In these GTC , Content means any text, design and graphics, photos or images, audio and video, software, data compilations, page design, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Visitor.
By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by ramification, implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the ARCS or owner's prior written permission.
You must not otherwise reconstruct, reproduce, modify, copy, distribute or use any Content without the written permission of ARCS.
ARCS reserve the proprietary or ownership rights to the contractual services until the remuneration owed has been paid in full and all claims resulting from the business relationship with the customer have been satisfied; in the case of payment by cheque or bill of exchange until these have been honored.
Upon the assertion of the reservation of proprietary or ownership rights by ARCS, the customer’s right to continue to use the software shall lapse. All software copies made by the customer must be either handed over or deleted.
The customer shall not remove from the software any identifying marks, comments pursuant to protected rights or pointers to proprietary or ownership rights of ARCS product and software contained therein but shall, where appropriate, also include these in any copies made.
ARCS shall indemnify the customer from all claims of third parties resulting from the violation of protected rights to software developed by ARCS and handed over in its contractually agreed version.
The precondition for the accrual of this liability is that the customer should not, either in writing or orally, issue any statements to the third party about the violation of protected rights and should neither recognize any rights or facts nor accept any liability. Furthermore, the customer must not have combined the software with software from any other source without the prior written consent of ARCS and under no circumstances have used the software contrary to its intended purpose.
ARCS shall be entitled to undertake on the customer’s premises at their own costs’ necessary software amendments based on protected rights claims asserted by third parties. The customer may not derive any contractual rights from this. The customer shall inform ARCS immediately and in writing should their attention be drawn to any violation of commercial protected rights and copyright caused by a product supplied by ARCS.
You may not use the Website for any of the following purposes:
In the event of the customer being economically unable to fulfil their obligations towards ARCS, we may terminate with immediate effect existing exchange agreements with the customer by withdrawal and long-term commitments by cancellation, even if the customer should file an insolvency application.
The customer shall provide the ARCS with notice within a reasonable time of any threatening inability to pay in writing.
ARCS provide a warranty in the event of severe defects of the software. To this end, ARCS, at its own discretion, provides the customer with a new software version free of charge or arranges a repair of the defects; a valid rectification of defects includes ARCS providing the customer with reasonable options to avoid the effects of the defect.
ARCS is entitled to perform a supplementary evaluation given the customer has paid a reasonable portion of the compensation. Should two subsequent performance evaluations fail, the customer is protected under statutory rights.
The customer’s right to claim damages is forfeited as soon as the customer has made changes or enhancements to the software or source code.
We will not be liable to users in respect of any losses arising out of events beyond our reasonable control. The entitlement of the customer to compensate or reimburse the expenditure incurred in vain shall, regardless of the legal nature of the claim, be oriented towards Section of these GTC.
Liability for data loss is restricted to the typical recovery costs that would have been incurred in the event of the regular making of safety copies in accordance with the degree of risk involved.
To the maximum extent permitted by law, ARCS accepts no liability for any of the following:
The user or viewer shall be responsible for measures pursuant to IT-security.
In the case of cross-border deliveries or services the customer shall bear any customs dues, fees or other charges incurred. The customer shall handle statutory or governmental procedures in connection with cross-border deliveries or services on their own responsibility since nothing to the contrary shall have been explicitly agreed.
This Site is developed, managed, operated and administered by ARCS. ARCS make no representation that Materials on this Website are appropriate or available for use at any other location(s) outside ARCS registered business jurisdiction. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside ARCS business jurisdiction, you are responsible for compliance with all local laws.
ARCS general terms and conditions together with the data protection policy contain the complete agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
All contracts shall require written order confirmation of ARCS. The requirement for this form may only be waived based on a written agreement.
No verbal side agreements have been concluded between the contractual parties. Subsequent supplements or amendments to these agreements shall be made in written form. Verbal waiving of written form is forbidden.
Order processing shall take place within ARCS via automated data processing. The customer agrees that their data shall be stored electronically and processed by ARCS.
In the event of the legal invalidity of individual stipulations contained herein, the remaining parts of this contract shall nonetheless remain binding. This should not apply the continue adherence to the contract constitute undue hardship for one or both parties.
Any online facilities, applications, tools, services or information that ARCS makes available through the Website (the Service) is provided 'as is' and on an 'as available' basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. ARCS is under no obligation to update information on the Website.
Whilst we uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, spams and other malware, we give no warranty or guaranty in that regard and all Users or Viewers take responsibility for their own safety and security, that of their personal details and their computers. ARCS accept no liability for any disruption or non-availability of the Website.
ARCS reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
You may not transfer any of your rights under these general terms and conditions to any other person. We may transfer our rights under these general terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users or viewers should check the terms and conditions regularly to ensure familiarity with the then current version.
If any court or competent authority finds that any provision of these general terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of India and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the India courts.