Terms & Conditions
1. The prices mentioned on our website are exclusive of all taxes.
2. Payment ms:
100% in Advance.
3. Software Service:
Under the scope of software service parameters, the customer is entitled to use or download updates of the licensed software through our website www.pfiger.com, or as intimated, as per the conditions mentioned in the EULA, during the software service period. We are not selling the software itself but we are only providing a licence to use our software products for a specific period of time. So we are charging license fees to use our software products. Software service does not mean any personalized service such as installation/training of the updated software by Pfiger Software Technologies (PST) representative/channel partner. Add-ons like additional PC licenses / Nodes licenses are not included in the scope of the software service unless explicitly mentioned & approved by Pfiger Software Technologies. Update support for these products is available if the software service term of the main product (like Life Plus, Life Plus Auto Commission Posting, General Insurance, Bachat, TrackMF, Asset Management, Fixed Deposite & Bond, Stock & Security, Arya+, Speed, Hello, SMS) is in force.
4. Disclaimer of warranties.
Except for the limited warranty provided above, the software is provided “as is.” to the full extent permitted by applicable local law. Pfiger Software Technologies and the third-party providers disclaim all other warranties, representations and conditions, express or implied, including, but not limited to, the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given by Pfiger Software Technologies or Pfiger Software Technologies’s authorized representative shall create a warranty. Without limitation of the foregoing, Pfiger Software Technologies and the third-party providers do not warrant that: (a) the software will be error-free, (b) your use of the software will be uninterrupted or error-free, (c) the software will meet your requirements, or (d) the software will operate with the hardware or software configuration you choose.
5. Limitations on liability.
In no event will Pfiger Software Technologies, Pfiger Software Technologies’s affiliates or the third party providers’ liability to you or any third party exceed the price paid by you for the software.
6. In no event shall PST be liable to anyone for special, collateral, incidental, or consequential damages in connection with or arising out of the purchase or use of the software or materials associated with it.
7. Exclusion of remedies.
Without limiting any of the disclaimers or limitations set forth in paragraphs 4 and 5, above, in no event will Pfiger Software Technologies, Pfiger Software Technologies’s affiliates or the third party providers be liable to you or anyone else for any direct, indirect, special, incidental, punitive or consequential damages of any kind arising out of your use or inability to use the software or its relevant data (including, without limitation, loss of profits, revenue, use of software or any associated hardware or software, data or goodwill), even if such parties have been advised of the possibility of such damages.
8. For all practical purposes relevant updates for the software is only meant for the licensed software unit & it is forbidden to import, export or in any way modify/alter the software or the data obtained from the downloads for use in any other software or application or any other unlicensed software unit without the prior & explicit written permission from Pfiger Software Technologies. If such an eventuality occurs then all support for the software will be withdrawn from the offending user (licensee) as well as legal action will be initiated under the requisite provisions such as and not limited to the IPR infringement & the Anti-piracy law.
9. Scope of after license service.
Pfiger Software Technologies or Pfiger Software Technologies’s Affiliates may upon explicit request from you provide you with a complimentary orientation training of not more than 2 hours within 1 month of installation of the software. Any additional training if required will be at the rate of a maximum of Rs. 1000/- for a 2-hour training session (in a day). Pfiger Software Technologies or Pfiger Software Technologies Affiliates are not obliged to (a) make changes to the software features as per your needs (b) make visits to your site for troubleshooting (c) provide telephonic support if the software license has lapsed or it is no longer under the ambit of the software service component. While it is Pfiger Software Technologies’s endeavour to provide the best quality support, Pfiger Software Technologies does not warrant that the support provided by Pfiger Software Technologies or its affiliates will solve your issues or meet your expectations.
10. For purposes of support
you agree to allow Pfiger Software Technologies appointed staff to install & use Remote Desktop Management services on your computer systems by using third party software where required. While this system is very safe & utmost care will be taken while operating & supporting your system through the Remote Desktop Management service, Pfiger Software Technologies does not take any responsibility for any loss (in any form & substance) that may arise due to the use of this support system…
11. Refund & Cancellation Policy
In no circumstances shall Pfiger Software Technologies be responsible for any special, collateral, incidental, or consequential damages arising out of the delay (if any) in the execution of this order. The maximum liability under such circumstances shall be a refund of the amount paid by the customer in lieu of cancellation of the order. Please note that no refunds shall be made after the product is already getting licensed or delivered.
12. The Installation and Training charges are included for the cities where Pfiger Software Technologies has its own offices and also in dealer represented areas. For all non-represented areas an additional cost of Rs. 15/ km. Or Rs.500/- whichever is higher will be charged per visit.
13. By placing this order you are offering to purchase the licence only to use the software. Copyright of the software belongs exclusively to PST. Any attempt to infringe the copyrights of the owner shall automatically result in the termination of your licence to use the software. In such circumstances, PST shall suspend all future services to such customers and also initiate legal action.
14. PST reserves the right to alter the software without any prior notice to its customers. Accordingly, the specifications mentioned in the brochure may vary from the actual product.
15. PST reserves the right to withdraw support on the software to the user if such user defaults in any of the terms mentioned herein.
16. PST exclusively reserves the right to amend, add or remove the above terms & conditions without any prior notice to its customers.
17. All matters related to this transaction are subject to Rajkot Jurisdiction only.