Terms Of Use

The use or access of ImpactCraft’s (ImpactCraft Technologies Private Limited, hereinafter “ImpactCraft” or “company” or “we” or “us” or “our”), Customer Success Digital Workbench (“Platform / Application”, and our website www.impactcraft.ai (“Website”) and any product, software, features, content, services, systems, other related activities (collectively “Services”) is governed by these Terms of Use (“Terms”, “Agreement”).

Please read these terms of use carefully before using the Services offered by ImpactCraft. By using/accessing our Application, using/accessing our Website or using our Services, you agree that you have read and agree to be bound by the terms and conditions contained herein to the exclusion of all other terms. If you do not agree to all the terms and conditions of this Agreement, you must not use the Services of the Company. “You” means you individually or the person or entity that you represent (“User or Client”).

1. Definitions:

  1. “API” means the various application programming interfaces that ImpactCraft makes available for you as part of the Services.
  2. “Access Credentials” mean any user name, identification number, password, license or security key, PIN, or other security code/measure used to verify an individual’s or user’s identity and authorization to access and use the Services.
  3. “Application/Platform” means ImpactCraft’s Customer Success Digital Workbench.
  4. “Client Data” means any data or information entered, uploaded or transmitted by the Client or its User/s to our Services, including personal data, if any, customers/stakeholders data, but does not include Usage Data.
  5. “Confidential Information” means information or data that a party (the “Disclosing Party”) provides or makes available about its business, finance, operations, marketing, products, pricing, confidential intellectual property, personal data, technical information/data, encryption keys, API, trade secrets, know-how, third-party confidential information, and/or any other proprietary information in written or electronic form or media, whether or not marked, designated or otherwise identified as “confidential” or which a person exercising reasonable business judgment would understand to be confidential or proprietary is disclosed to the other party (as the “Receiving Party”) in connection with this Agreement or provision of Services hereunder. Specifically:
    • Client Data shall be considered as Client’s Confidential Information;
    • The Services, Usage Data, and ImpactCraft systems shall be considered ImpactCraft’s Confidential Information;
    • All Personal Data shall be considered confidential.

    However, Confidential Information does not include information that, at the time of disclosure is:

    • in the public domain without any breach on the part of the Receiving Party,
    • independently developed by the Receiving Party as can be shown by documentary records of the same,
    • rightfully obtained by the Receiving Party from a third-party not subject to confidentiality obligations.
  6. “Content” means all information, data, materials displayed or entered in the Services including, but not limited to text, graphics, articles, photographs, images, illustrations, Client Data, Usage Data etc.
  7. “ImpactCraft Systems” means the entire information technology infrastructure including but not limited to hardware, software, databases, networks, servers etc. which is provided or used by us in the provision of the Services.
  8. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
  9. “Personal Data” means any information contained in the Client Data relating to an identified or identifiable individual and is protected under applicable Data Protection Laws.
  10. “Purchase Order/Form” means a written ordering document specifying the Service or offerings of ImpactCraft subscribed by the Client.
  11. “Statement of Work” means a document executed by and between ImpactCraft and Client that describes the Services/offerings subscribed by the Client and provided by ImpactCraft.
  12. “Term” shall mean the period for which the Client chooses to subscribe/avail the Services as specified in Purchase Order Form by due payment of the Subscription Fees, and each subsequent renewal of Term (if any).
  13. “Third Party Services” means processing or other services, platforms, applications, products, websites, links, content from independent third parties, used by ImpactCraft in connection with the Services.
  14. “Usage Data” means data or information related to Client’s use of the Services that is used by ImpactCraft in an aggregate or anonymized manner, to compile statistical and performance information related to the provision and operation of the Services, but does not include Client Data.
  15. “User” means an employee or contractor given access to the Service by the Client.

2. Services:

  1. Use & access: Subject to payment of applicable fees, and compliance with these Terms of Use (Agreement) and applicable law, ImpactCraft hereby grants to you/Client and your Users, for the subscribed Term, a limited, non-exclusive, revocable, and non-transferable right to access and use the Services for your internal business purposes only.
  2. You shall be solely liable and responsible for your and your Users’ access to and the use of the Services, and for compliance with this Agreement and with applicable law.
  3. The access and use of Services is limited to the number of Users and/or Accounts subscribed by the Client in the Purchase Order Form. If the Client exceeds the total number of Accounts the Client is tracking on the Services and for which the Client has subscribed, the Client shall inform ImpactCraft in writing about the same and pay ImpactCraft the additional fees/charges as required.
  4. All statements of work (“SOWs”) executed by ImpactCraft with Clients will describe the Services to be provided by ImpactCraft and will be subject to the terms and conditions of this Agreement.
  5. Availability: The Services provided by ImpactCraft may be unavailable sometimes or vary depending on region or device. Although ImpactCraft will strive to keep the Services up and running, all online services (regardless of provider) suffer occasional disruptions which may result in the inability to use the Services, some features, download reports or retrieve Data. Except as otherwise provided in this Agreement, ImpactCraft shall not be liable to you or your Users for any unavailability of Services or loss arising therefrom that may occur due to any such disruptions in Services.
  6. Changes: From time to time, ImpactCraft shall have the right to modify/change the Services, including but not limited to, adding, removing, or changing certain features or functions (each a “Change”), to improve the quality, performance, marketability, or effectiveness of the Services, by giving notice thereof. Any Change will apply to all subscribers, Clients, Users equally and not result in a material degradation of the security or essential functionality of the Services.
  7. Third Party Services: ImpactCraft uses certain Third Party Services in connection with its own Services. The Client and its Users shall use/access such Third Party Services solely for the purpose of using ImpactCraft’s Services, and shall not use such Third Party Services for any other purpose. ImpactCraft makes no warranties regarding any such Third Party Services including but not limited to, their availability throughout the Term, that they will be error-free or run uninterrupted, offer any particular features or will perform in a certain way. ImpactCraft is not responsible or liable to you or others for any information or services provided by such Third Party Services. You should review the terms and privacy policy of such Third Party Services before using or accessing such Third Party Services.
  8. Client/Customer Account: On subscribing to the Services, ImpactCraft shall generate a Customer/Client Account under the name of the Client and generate the necessary access credentials. The Client must not allow anyone other than authorized Users to access and use the Client Account, User Accounts. The Client shall provide accurate and complete information for processing of subscriptions, payments, Access Credentials and to enable the Services. The Client and its Users shall ensure all the Client Account, tracking accounts, Access Credentials and all related information is kept confidential and secure at all times. The Client shall be solely responsible and liable for all activity that occurs in connection with its Client Account, and the activities of its Users in connection with the Services. The Client shall promptly notify ImpactCraft, in writing, on its official communication email id, if the Client becomes aware of any unauthorized access or use of the Client’s Account or the Services. ImpactCraft has the right to suspend or terminate any Client Account or Client’s/User’s access to or use of the Services upon notice to Client, in the event that ImpactCraft suspects of any unauthorized or unlawful access to or use of the Services or unauthorized or unlawful activity happening in any Account or reasonably determines that any Client/User has violated this Agreement or any other agreement between ImpactCraft and the Client pursuant to which such User is permitted to access and use the Service.

3. Restrictions on Use:

  1. You represent, warrant, and agree that you will not use the Services or contribute any Content in a manner that:
    1. Will infringe, breach, or violate the intellectual property rights or proprietary rights, confidentiality and non-disclosure obligations, right to privacy and data protection, or other rights of ImpactCraft or any third party;
    2. Will reverse engineer or decompile the Services or any part thereof, or otherwise attempt to obtain the source code, trade secrets, or know-how of the Services;
    3. Will copy, modify, alter, change, or create any derivative works of the Services, or any part thereof;
    4. Will disclose the access credentials of Clients, Users, or those provided by the Company to any third party, or in any manner share any access credentials, usernames, or passwords;
    5. Will violate any law, statute, ordinance, or regulation including any violation of applicable privacy and data protection laws or in breach of this Agreement;
    6. Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, or in any manner objectionable;
    7. Distributes, licenses, sells, or otherwise commercially exploits the Services or makes the Services available to a third party other than as contemplated in your subscription/Purchase Order Form for the Services;
    8. Contains or makes it susceptible to a virus, trojan horse, spyware, malware, or other harmful computer code, software, file, or program. ImpactCraft reserves the right to remove any such Content or User from the Services at any time on receiving complaints relating to such content or otherwise;
    9. You are solely responsible for all the content that you and your Users upload, post, or transmit using the Services, and you warrant that you possess all rights necessary to provide such content to the Company and to grant the Company the rights to use such information in connection with the Services and as otherwise provided herein;
    10. You are solely responsible for all of your and Users’ activity in connection with the Services. Any fraudulent, abusive, or unlawful activity may be grounds for termination of your right to access or use the Services;
    11. Circumvents, disables, or otherwise interferes with security, data encryption, or other protective features of the Service, or violates the security of any computer network, cracks passwords or security encryption codes, transfers or stores unlawful material, or engages in any illegal activity;
    12. You will not “spam” on the Services, or perform/undertake any activities that will otherwise interfere with the proper working of the Services or place an unreasonable load on the Services, systems, or infrastructure;
    13. Will send spam or phishing messages or any other messages to individuals/entities who have not given ImpactCraft the permission to send such messages;
    14. Use of our name, logo, or mark: We retain all Intellectual Property Rights in our Application/Platform, website, and in all other product and service names, trademarks, service marks, branding, and logos made available for use in connection with the Services and other products and services we may provide to you, and you shall not remove, obscure, or alter any of our branding, logos, copyright/legal notices, or marks.
  2. Any use of our Services in violation of the above restrictions is strictly prohibited. You understand and agree that Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth above, and shall have sole discretion regarding the course of action to be taken in connection therewith.

4. Client Data:

  1. You and your Users may choose to upload, transmit, share Client Data, and allow ImpactCraft to store and process the Client Data, including the Personal Data of its customers/stakeholders, in connection with your use of the Services. If so, you hereby provide us a limited, non-exclusive, non-transferable license to:
    1. Process and store the Client Data, including the Personal Data, solely for the purpose of providing Services;
    2. Allow us to analyze your use of the Services or to engage with you and your Users;
    3. Improve our Services.

    Subject to the limited rights as mentioned above granted to ImpactCraft, you retain all rights (including any Intellectual Property Rights and ownership rights) in connection with the Client Data.

  2. We have implemented and shall maintain throughout the Term reasonable security measures to safeguard all information and data. ImpactCraft will maintain all personal data that it processes and/or receives in connection with the Services, including personal data of the Client, its customers/stakeholders, and Users, in accordance with our privacy policy at https://www.impactcraft.ai/privacy-policy. Your acceptance of this Agreement constitutes your acceptance to be bound by the Company’s Privacy Policy.
  3. You acknowledge and agree that you are solely responsible and liable for the Customer Data, including, without limitation, for obtaining all necessary approvals, consents, and authorizations to provide the Client Data to ImpactCraft in connection with the Services. You represent and warrant that:
    1. You own all Client Data or have all rights that are necessary to give ImpactCraft the license rights in Client Data (including personal data) under this Agreement;
    2. Your collection, processing, and/or use of the Client Data is in compliance with all applicable laws and regulations, including, without limitation, those concerning data protection, privacy, and intellectual property;
    3. Neither the Client Data nor the use of Client Data in connection with the Services will infringe, misappropriate, or violate any Intellectual Property Rights, violate the data privacy rights of any third party, or result in the violation of any applicable law or regulation.

5. Intellectual Property Rights:

All right, title, and interest in Services including but not limited to all copyrights and other intellectual property rights in the Services, and all reproductions, corrections, modifications, enhancements and improvements thereto, or in the Application/Platform, Usage Data, Software (in both print and machine-readable forms) belong to ImpactCraft or our third-party service providers/suppliers. The ImpactCraft name and symbol are trademarks of ImpactCraft Technologies Private Limited. Nothing contained in this Agreement shall give you any ownership or intellectual property rights or proprietary interest in the same.

6. Term, Renewal and Termination of Services:

  1. Term: The Services and this Agreement shall commence from the start/subscription date mentioned in the Purchase Order Form issued by the Client or the contract between you and ImpactCraft. The Agreement shall continue in effect throughout the period mentioned in the Purchase Order Form/Contract unless terminated earlier as per the terms and conditions of any contract executed between the parties or as per this Agreement. The Services will work and remain active only until the end of the last day of the subscribed Term, unless renewed by the Client for the next Term by paying the required Fees.
  2. Renewal: Unless the Client duly makes the payment of required Fees for the Services, the Client shall not be entitled to access or use the Services. The Services shall remain unavailable until the payment of the Service Fees. If Service Fees are not paid within thirty (30) days after termination of the earlier Term, this Agreement shall terminate automatically, and termination obligations shall apply.
  3. Termination:
    1. By efflux of time: This Agreement will terminate at the end of the Term subscribed as per the Purchase Order Form unless renewed by the Client.
    2. Without cause: Either Party may terminate this Agreement and the Services at any time without cause by giving at least thirty (30) days of prior written notice to the other party.
    3. Termination for Cause:
      1. In case of any material breach of the Terms of this Agreement by a party, the non-breaching Party shall give at least thirty (30) days’ written notice, specifying the breach and giving the notice period to cure the breach. If the breach is not cured within the notice period, the non-breaching Party may terminate this Agreement at the end of the notice period.
      2. ImpactCraft may terminate this Agreement forthwith for any breach or violation of Terms related to Confidentiality and Non-Disclosure, data protection, or Restrictions on Use if the breach:
        1. Is incapable of being cured; or
        2. Remains uncured even after five (5) days of providing written notice of such breach.
    4. Effect of Termination: Upon Termination of this Agreement:
      1. The Client’s and its User’s right to access and use the Services will immediately terminate.
      2. Each party will return and make no further use of any Confidential Information, logos, marks, etc., of the other party (including any copies thereof) belonging to the other party.
      3. Expiration or termination of this Agreement for any reason shall not relieve the Client from its obligation to pay ImpactCraft all fees/outstanding fees payable as per the Purchase Order Form or this Agreement. However, if the Client terminates this Agreement for material breach by ImpactCraft, the Client will be liable to pay only the amount of fees due and payable till the date of termination.
      4. The Client shall be provided a period of fifteen (15) days to download, store, or save the Client Data. After the expiry of the said 15 days, ImpactCraft shall be entitled to delete all Client Data, and the Client shall not be entitled to claim/recover the same from ImpactCraft for any reason. ImpactCraft may retain Client Data as long as necessary to:
        • Fulfill and/or comply with any applicable laws and/or contractual obligations;
        • Fulfill requested transactions;
        • Resolve disputes or enforce agreements;
        • Other legitimate purposes, with the retention period dependent on each contractual, legal, or similar obligation.

7. Fees.

  1. In consideration of ImpactCraft providing the Services, the Client shall pay to ImpactCraft the fees set forth in the Purchase Order Form, and/or the Contract (if applicable) without any right of set-off or deduction. Each Purchase Order Form shall be treated as a separate and independent Order Form and shall begin from the start date mentioned in the applicable Purchase Order Form.
  2. Taxes: All fees set forth herein are exclusive of goods and services tax (GST). The Client shall be responsible for paying all applicable taxes, duties, and charges etc. of any kind imposed by the appropriate governmental entity on any amounts payable by the Client hereunder.
  3. Invoices: ImpactCraft shall invoice the Client for all Fees as per the agreed terms of the Purchase Order in accordance with the invoicing schedule prescribed thereunder.
  4. Payment: Subject to the terms and conditions above, the Client shall be bound to pay the entire invoiced amount of Fees for the Services within a period of seven (7) days from the date of issue of the said Invoice or as per a separate agreement entered between the Client and ImpactCraft. Interest at the rate of 2% per month shall be applicable on any outstanding fees.
  5. Fees and any discounts, or other incentives are subject to change at the end of the Term for each subsequent renewal.

8. Confidentiality and Non-Disclosure:

  1. The Receiving Party shall safeguard the Confidential Information of the Disclosing Party from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its own confidential information and in no event less than a reasonable degree of care. The Receiving Party shall not disclose or permit access to the Disclosing Party’s Confidential Information to anyone other than its employees, vendors, agents, or advisors (“Representatives”) on a ‘need to know’ basis for the purpose of the Receiving Party’s exercise of its rights or performance of its obligations under and in accordance with this Agreement and the Representatives shall be bound by confidentiality, non-disclosure and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Agreement.
  2. The provisions of this Section will remain in effect during the term of this Agreement and for a period of five (5) years after the expiration or termination of this Agreement.
  3. Each Party shall immediately notify the Other Party if it suspects or becomes aware of any unauthorized access, copying, use or disclosure in any form of the Confidential Information or if the Party is required by law/competent court to disclose any Confidential Information. The Party compelled by law/legal process will only disclose that information which is expressly required.

9.Representations:

  1. Each party represents and warrants that:
    • it has full power and authority to enter into this Agreement and to grant to the other party the rights granted to such other party under this Agreement;
    • it has obtained all necessary approvals to enter into and execute this Agreement;
    • its performance of all the Terms of this Agreement shall not breach any other agreement/obligation/warranty it has to any other party.

10.Disclaimer:

  1. IMPACTCRAFT’S SERVICES, PLATFORM/APPLICATION, WEBSITE, CONTENT MATERIALS, OUTPUTS ARE PROVIDED ON “AS IS,” AND “ON AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY OR COMPLETENESS OF INFORMATION, OR UNINTERRUPTED ACCESS TO THE PLATFORM/APPLICATION, WEBSITE, SERVICES, CONTENT, MATERIALS OR PRODUCTS PROVIDED BY IMPACTCRAFT THROUGH OR IN CONNECTION WITH THE SERVICES/WEBSITE/APPLICATION.
  2. SPECIFICALLY, IMPACTCRAFT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
    • ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OF THE SERVICES, MATERIALS/CONTENT, ITS INFORMATION, OUTPUTS, RESULTS, ADVICE; AND
    • ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY LOSS OR DAMAGES OR PENALTY OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, UNAVAILABILITY, ERROR, INACCURACY, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN THE SERVICES, PLATFORM/APPLICATION, WEBSITE, OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA/RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

11. Limitation of Liability:

  1. Liability arising under this agreement shall be limited to direct damages only.
  2. To the fullest extent possible, ImpactCraft’s, and its directors, officers, employees, agents, successors, assigns, affiliates liability for all claims related to or arising out of this Agreement or in connection with the Services, regardless of whether the claim is based in contract, tort, negligence, strict liability or other, at law or equity, shall not exceed in the total amount of fees paid by Client in the twelve (12) month period immediately preceding the date of the event giving rise to the claim or claims. Multiple claims shall not expand any of the limitations set forth in this clause.
  3. Neither party shall be liable for any indirect, exemplary, special, consequential, punitive, or incidental damages/losses of any kind (including without limitation lost profits or revenue) arising out of this agreement or in connection with the services, even if such party has been advised of the possibility of such damages or such damages were otherwise foreseeable.
  4. If you are in a jurisdiction where the above limitation does not apply, then in such a case only, the respective liability of ImpactCraft’s, its directors, officers, employees, agents, successors, assigns, affiliates, is limited to the greatest extent permitted by the law of such jurisdiction.

12. Indemnification.

Each Party (Indemnifying Party) shall indemnify and keep harmless the Other Party (Indemnified Party) against any claim, action, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from an allegation of breach of the terms and conditions of the present agreement, or any Purchase Order, SOW, Contract and shall give a right to Indemnified Party to seek appropriate legal remedy against the Indemnified Party.

13. Miscellaneous Provisions:

  1. Survival: In the event of the expiration or termination of this Agreement, the provisions, which by their nature contain continuing obligations, shall survive and continue to be in effect like Confidentiality & Non-disclosure, Intellectual Property Rights, Indemnity, including accrued rights to payment, use restrictions, Disclaimer, Limitation of Liability, Personal Data Protection/Data Privacy etc.
  2. Notices: All notices, requests, authorizations, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (i) delivered by hand (with written confirmation of receipt), or (ii) when delivered, if sent by a nationally recognized overnight delivery service, in each case to the designated email or postal address provided by Client to ImpactCraft as mentioned on the Purchase Order Form or in the SOW (or to such other addresses/emails as a Party may designate, by one month’s notice, in writing, to the other Party).
  3. Publicity Rights: ImpactCraft shall have the limited right to publish, disclose, identify the Client as a client of ImpactCraft for the Services, and display Client’s name, trademark, logo in ImpactCraft’s marketing and sales materials including but not limited to, on its website, social media platforms, in press releases, newsprint, in connection with the Services.
  4. Assignment: Neither party shall have the right to assign this Agreement or its rights and obligations hereunder.
  5. Order of Precedence: In the event of a conflict between the provisions of this Agreement and any Purchase Order Form, SOW, or specific written agreement executed between ImpactCraft & Client, the order of precedence shall be as follows: (1) The Specific Written Agreement executed between ImpactCraft & Client (“Contract”); (2) SOW (3) Purchase Order, (4) this Agreement.
  6. Severability: If any part or any term/provision of this Agreement is or becomes illegal, invalid or unenforceable, that part or provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining parts of said provision or the remaining terms/provisions of this Agreement. The Parties hereby agree to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
  7. Waiver: No delay or failure by either party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof or of such party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. A waiver to be valid shall be in writing, and signed by the authorized representative of the party giving the waiver. A valid waiver of any Term/provision of this Agreement with respect to a particular situation or event shall not constitute a waiver of such term/provision with respect to other situations or events.
  8. Force Majeure: Neither Party shall be considered in default or liable for or held responsible for any delay or failure in performance hereunder, if the same is caused in whole or in part by fires, strikes, floods, earthquakes, embargoes, labor disputes, acts of terrorism or sabotage, epidemic, quarantine restrictions, insurrection, riots, accidents, delays of carriers or suppliers, government action, acts of God or by public enemy, widespread internet outage, multi-day power outage, virus/hacking attacks, acts or omissions or other causes beyond such Party’s control or without the fault or negligence of such Party, provided the affected Party within reasonable time notifies the other Party of the occurrence of the Force Majeure event and provided further that the affected Party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder when such causes are removed. If any Force Majeure event continues for a period of sixty (60) days, either party shall have the right to terminate this Agreement, any SOW/Purchase Order issued hereunder. However, the Client’s obligation to pay ImpactCraft its Fees shall not be subject to Force Majeure.
  9. Dispute Escalation: Prior to the initiation of any action or proceedings under this Agreement, Parties shall make reasonable attempts to resolve disputes internally between the Parties, and try and make reasonable efforts to resolve any such disputes by means of internal escalation and negotiation between senior representatives of the Parties with decision-making authority. Either Party may initiate negotiations by writing an email/letter to the other Party setting forth the particulars of the dispute, the terms of the Agreement involved, and the suggested resolution of the dispute. However, under any case if dispute is not internally resolved within thirty (30) days from the date of issuance of notification email/letter then same shall be deemed to be non-resolving dispute for further proceedings purpose.
  10. Arbitration: Any dispute between the parties shall be referred to a Sole Arbitrator to be mutually appointed by both the parties. The arbitration proceedings shall be as per the provisions of the Indian Arbitration & Conciliation Act, 1996. The place and seat of arbitration shall be at Pune, MH, India and the arbitration proceedings shall be conducted in English language.
  11. Applicable Law: Applicable laws shall be laws of India without giving rise to conflict of law provisions. Subject to the arbitration clause above, this Agreement and any SOW/Purchase Order issued between the parties will be governed by and interpreted in accordance with the laws of India and the Courts at Pune shall have exclusive jurisdiction to try and entertain any disputes arising from this Agreement to the exclusion of all other courts.
  12. Compliance with laws: Each party shall comply with all applicable laws relating to its performance of its obligations under this Agreement.
  13. Relationship between the Parties: Nothing herein shall be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party.
  14. Amendment: ImpactCraft shall have the right to modify these Terms/this Agreement, from time to time, by giving notice thereof and by posting a revised version thereof at https://www.impactcraft.ai/terms-of-use and such revised version will become effective as to your use of the Services as of the next business day following its posting. If you do not agree with a material modification to this Agreement, you must notify us in writing within thirty (30) days after we give notice of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the current terms posted will apply.
  15. Terms and Conditions of Client or any Third Parties: Any terms and conditions of the Client attached to any purchase order or other document issued or delivered to ImpactCraft in connection with the Services will not apply to, or be binding upon, ImpactCraft unless each term and condition is expressly agreed, in writing, by ImpactCraft.

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