Terms & Conditions of Sale
The following describes the terms on which Hitasoft Technologies offers you access to our services.
Important Customer Information: Your Rights And Obligations
Welcome to the user agreement (the “Agreement” or “User Agreement”) for Hitasoft Technologies. This Agreement describes the terms and conditions applicable to your use of our services.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
Definitions And Interpretation
- Customer – the person who accepts a quotation of the Company for the sale of the products or services or whose order for the Products is accepted by the Company.
- Products – the products (including any installment of the products or any customization for them) which the Company is to supply in accordance with these Conditions “the Company” Hitasoft Technologies as applicable
- Services – the services towards the development of required application or products from the customers.
- Conditions – the standard terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Company and the Buyer
- Contract – the contract for the purchase and sale of the products
Basis Of The Sale
The Company shall sell and the Customer shall purchase the Products in accordance with any written quotation of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
The Company’s employees or agents are not authorized to make any representations concerning the Products unless confirmed by the Company’s authorized representative in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the services, application or use of the Products which is not confirmed in writing by the Company is followed or acted upon entirely at the customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
Orders And Specifications
The Customer shall be solely responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer and for providing to the Company any necessary information relating to the services and products within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Company’s quotation (if accepted by the Customer) or the Customer’s order (if accepted by the Company) but in either case shall be subject always to these Conditions. For the avoidance of doubt quotations given to the Customer by the Company shall be deemed to have lapsed insofar as no written order has been received by the Company from the Customer in connection with the subject matter of the quotation within 30 days of the date of the quotation.
No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss including loss of profit, costs including the cost of all labour and bandwidth used, charges and expenses incurred by the Company as a result of such cancellation.
Price Of The Products And Services
The price of the products and services shall be the Company’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company’s published price list current at the date of acceptance of the order unless otherwise agreed in writing by the Company. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by the Company without giving notice to the Customer.
The Company reserves the right, by giving notice to the Customer at any time after acceptance of an order and before delivery, to increase/decrease the price of the products to reflect any increase/decrease in the cost to the Company which is due to any factor beyond the control of the Company, including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, any change in delivery dates, quantities or specifications for the products which is requested by the Customer, or any delay caused by any specification or other instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
Terms Of Payment
Subject to any special terms agreed previously between the Customer and the Company, the Company shall be entitled to invoice the Customer for the price of the products and services on or at any time after delivery of the products and services, unless the they are to be collected by the Customer or the Customer wrongfully fails to take delivery of the products, in which event the Company shall be entitled to invoice the Customer for the price at any time after the Company has notified the Customer that the products are ready for collection or (as the case may be) the Company has tendered delivery of the products or services.
Unless otherwise agreed by the Company in writing the Customer shall not be entitled to any discount or rebate in respect of the products or services.
The Customer shall pay the price of the products or services(less any discount to which the Customer is entitled, but without any other deduction) unless agreed otherwise within 30 days of receipt by the Customer of the Company’s invoice, and the Company shall be entitled to recover the price of the products/services, notwithstanding that delivery may not have taken place and the property in the products/services Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract.
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
We do not certify that our site will be error free. We are not responsible for any potential damages to your computer system or loss of data as a result of any material you download from our site. That is solely your responsibility.
You agree to defend, indemnify, and hold harmless Hitasoft Technologies, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against Hitasoft Technologies for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of Hitasoft Technologies. Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of Hitasoft Technologies shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and Hitasoft Technologies.
The User Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and Hitasoft Technologies with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.