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Terms and Conditions

The general terms and conditions of business (hereinafter referred to as “GTC”) of ARCS Solutions, India (hereinafter referred to as “ARCS Solutions”), shall apply exclusively. Any terms and conditions of the customer that contradict or deviate from these GTC shall not be recognized by ARCS Solutions unless ARCS Solutions should have explicitly consented to the validity thereof in writing. The term 'ARCS Solutions' or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of the website. If you continue to browse and use this website, you agree to comply with and are bound by the terms and conditions of use.

The content of the webpages is for general information and use only. It is subject to change without notice. The viewer confirms automatically by downloading any trial product and/or registering any Trial services, that they have read and accepted the GTC. Use of any private information (e.g. your email, phone number) or materials on this website is entirely at viewer’s own risk, for which we shall not be liable. It is responsibility of viewer to ensure that any chosen products, services or information available through this website meet your specific requirements. The website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of any content is prohibited other than in accordance with the copyright notice. All trademarks reproduced on this website, which are not the property of, or licensed to us, are duly acknowledged to respective source. Unauthorized use of this website is strictly prohibited and may give rise to a criminal offence claim for damages. As required, this website may also include links to other websites. These links are provided for your convenience to provide additional information. They do not signify that we endorse the website(s). We have no responsibility for the content of the other linked website(s). Your way of using this website and any dispute arising out of such use is subject to the laws of Region, in which our company is being registered.

Software updates are amendments to software with the aim of resolving a specific problem. Updates are amendments to software by way of which the functionality of the entire system is extended. Updates might also include patches. ARCS Solutions makes sure that updates are available to the customer but shall not undertake the installation of updates nor offer any support or consulting services. Such services may be procured from ARCS Solutions by way of separate agreements. ARCS Solutions shall then provide patches for the customer once they are ready for use and have been tested on site. The customer shall have no claim to updates being provided at a moment in time or within a period. ARCS Solutions shall provide updates, by which serious errors in the software are rectified, to the best of its endeavors. The customer explicitly recognizes, however, that no specific reaction time and/or no regular intervals for the release of updates or patches can be promised. No claims shall accrue to the customer on the ground of the delayed provision of updates or patches. The customer recognizes that patches and updates may only be tested by ARCS Solutions for standard installations. No tests may be performed for side effects that are caused by amendments to software extensions or the manual alteration of configuration files undertaken by way of circumventing those mechanisms provided by the software. The assurance that a patch or a update shall not affect the functionality of software under any circumstances is explicitly not given. ARCS Solutions shall make patches and/or updates available to the customer by server storage that may be accessed via the internet. Log-in Account With the creation of an ARCS Solutions Login Account the customer declares its consent to GTC. The customer, by having ARCS Solutions Login account, shall be given the opportunity of managing all products and services and its private data (managing of orders, amendments to addresses and methods of payment, checking the balance of its account, invoice downloads etc.) and of availing itself of support services offered by ARCS Solutions. Use of Login account necessarily requires the prior registration of the customer. ARCS Solutions reserves the right to refuse the registration of a customer should there be objective grounds for doing so. Upon registration the customer gives their consent to these GTC. The customer undertakes the responsibility to provide the necessary details in the context of registration completely and in accordance with the truth. Registration on behalf of a third party is not permitted. ARCS Solutions shall be entitled to deny the customer usage of the Login account or to exclude it from the usage thereof, in as much as the details provided should be incomplete or untrue. The customer shall be given a password-protected access to the ARCS Solutions Account via the internet. The password should be individually sufficiently long and complex. The customer shall be obligated to keep their access data confidential. It shall be required to protect these against abuse by third parties. In the event of the loss or abuse of the access data the customer shall be obligated to inform ARCS Solutions hereof without delay. In the event of abuse and unauthorized usage of the Login Account, ARCS Solutions is entitled to block the access. Should the customer be responsible for the abuse or unauthorized usage of the ARCS Solutions Account, it shall be liable for consequences that derive from the misuse policy. Terms of Payment and Remuneration policy All invoices are to be paid as a rule within 7 calendar days upon receipt. ARCS Solutions 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 Solutions. ARCS Solutions shall be entitled to cede all duties imposed and all rights accrued from the contracts to third parties. ARCS Solutions shall ensure that the customer shall not suffer any disadvantages as a result thereof. ARCS Solutions shall furthermore be entitled to deploy third parties for the fulfilment of all of obligations on its behalf. In this case ARCS Solutions 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 Solutions.

ARCS Solutions reserves the proprietary 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 rights by ARCS Solutions, 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.

In the event of the customer being economically unable to fulfil their obligations towards ARCS Solutions, ARCS Solutions 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 Solutions with notice within a reasonable time of any threatening inability to pay in writing

ARCS Solutions provides a warranty in the event of severe defects of the software. To this end, ARCS Solutions, 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 Solutions providing the customer with reasonable options to avoid the effects of the defect. ARCS Solutions 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.

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.

The customer shall not remove from the software any identifying marks, comments pursuant to protected rights or pointers to proprietary rights of ARCS Solutions software contained therein but shall, where appropriate, also include these in any copies made. ARCS Solutions shall indemnify the customer from all claims of third parties resulting from the violation of protected rights to software developed by ARCS Solutions 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 Solutions and under no circumstances have used the software contrary to its intended purpose. ARCS Solutions 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 Solutions 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 Solutions.

The customer 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.

The data protection declaration is an integral part of GTC and may be retrieved from our internet site at any time.

All contracts shall require written order confirmation of ARCS Solutions. 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 Solutions via automated data processing. The customer agrees that their data shall be stored electronically and processed by ARCS Solutions. 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.

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