Terms & Condition
General Terms and Condition :-
Introduction
- These Terms and Conditions govern the use of services provided by Yatiken Software Solutions in the IT industry. By accessing or using our services, you agree to abide by these terms. If you do not agree with any part of these terms, you may not access or use our services.
Services
- Our services include software development, consulting, maintenance, and support tailored to the needs of the IT industry. These services are provided based on the terms outlined in our agreements with clients
User Responsibilities
- Clients are expected to collaborate effectively with Yatiken Software Solutions throughout the engagement, providing timely feedback and clarifications as required.
- It is the client’s responsibility to ensure that any data or materials provided to Yatiken Software Solutions for the purpose of the project are accurate, complete, and legally permissible for use.
- Clients shall indemnify Yatiken Software Solutions against any claims arising from the use of unauthorized or infringing materials provided by the client.
Intellectual Property
- All software, code, documentation, and other materials provided by Yatiken Software Solutions are protected by intellectual property laws.
- Clients may only use the software and materials provided for the purposes specified in the agreement. Reproduction, distribution, or modification without prior written consent is prohibited.
Payment Terms
- Payment terms will be specified in the agreement between Yatiken Software Solutions and the client.
- Failure to make payments in a timely manner may result in the suspension or termination of services.
Confidentiality
- Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the engagement.
- Confidential information includes trade secrets, business strategies, project details, and any other information designated as confidential.
Limitation of Liability
- Yatiken Software Solutions shall not be liable for any loss of profits, revenue, or data, or any consequential, incidental, indirect, or special damages arising out of or in connection with the use of our services.
- In no event shall Yatiken Software Solutions be liable for any damages exceeding the total fees paid by the client to Yatiken Software Solutions for the specific services rendered during the twelve-month period preceding the claim.
Indemnification
- Clients agree to indemnify and hold Yatiken Software Solutions harmless from any claims, damages, or losses arising out of their use of our services or any breach of these terms.
Termination
- Yatiken Software Solutions reserves the right to suspend or terminate services immediately if the client breaches any provision of these Terms and Conditions, fails to make timely payments, or engages in any activity that may disrupt or compromise the integrity of our services.
- Upon termination, the client shall promptly return any materials, documentation, or equipment belonging to Yatiken Software Solutions, and cease using any software or services provided.
Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Indian Constitution , without regard to its conflict of law principles.
Amendments
- – Yatiken Software Solutions may update or modify these Terms and Conditions from time to time to reflect changes in our business practices, legal requirements, or industry standards.
- – Clients will be notified of any amendments to these Terms and Conditions, and continued use of our services after such notification constitutes acceptance of the updated terms.
Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us at hr@yatiken.com.
Non-Solicitation
During the term of the engagement and for a period of [specify duration] after its termination, the client agrees not to directly or indirectly solicit or hire any employees or contractors of Yatiken Software Solutions involved in providing services under the agreement, without prior written consent
Dispute Resolution
In the event of any dispute or disagreement arising from the interpretation or implementation of these Terms and Conditions, the parties agree to attempt to resolve the matter amicably through good faith negotiations. – If the dispute cannot be resolved informally, both parties agree to submit to binding arbitration conducted by a neutral arbitrator appointed in accordance with the rules of the [arbitration organization], with the costs of arbitration shared equally between the parties.
Feedback
- Your feedback is invaluable to us as it helps us improve our services. We encourage open communication and welcome any suggestions, comments, or ideas you may have regarding our products or processes.
- While we appreciate your input, please understand that any feedback provided by you does not create any obligation on our part to implement or act upon it.
- Yatiken Software Solutions reserves the right to use, modify, or incorporate your feedback into our products or services without any obligation to compensate you or obtain further consent.
Third-Party Links
- While we may provide links to third-party websites or resources for your convenience, it’s important to note that Yatiken Software Solutions does not endorse, control, or guarantee the accuracy, relevance, or completeness of any content, advertising, products, services, or other materials on these third-party websites.
- By accessing these third-party links, you acknowledge and agree that Yatiken Software Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
- We encourage you to review the terms of use and privacy policies of any third-party websites or resources that you visit.
Force Majeure
- In the event of force majeure circumstances that prevent us from fulfilling our obligations under these Terms and Conditions, including but not limited to acts of God, war, terrorism, or labor disputes, we shall promptly notify you of the situation and take reasonable steps to mitigate its impact.
- Our performance under these Terms and Conditions shall be suspended for the duration of the force majeure event, and we shall not be liable for any delay or failure to perform our obligations during this period.
Severability
- In the event that any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
- Should any provision be found unenforceable, the parties agree to negotiate in good faith to replace it with a valid and enforceable provision that reflects the original intent as closely as possible.
Waiver
- Any failure by Yatiken Software Solutions to enforce any provision of these Terms and Conditions shall not constitute a waiver of our right to subsequently enforce such provision or any other provision herein.
- The waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default, nor shall it affect the enforceability of any other provision of these Terms and Conditions
Entire Agreement
- These Terms and Conditions constitute the entire agreement between you and Yatiken Software Solutions and supersede any prior agreements, understandings, or communications, whether written or oral, regarding the subject matter herein.
- Any amendments or modifications to these Terms and Conditions must be made in writing and signed by both parties to be considered valid.
Assignment
- You may not assign or transfer any rights or obligations under these Terms and Conditions without the prior written consent of Yatiken Software Solutions. Any attempted assignment in violation of this clause shall be null and void.
- Yatiken Software Solutions reserves the right to assign or transfer its rights and obligations under these Terms and Conditions to a third party without your consent, provided that such assignment does not adversely affect your rights under these Terms and Conditions.
Survival
- Certain provisions of these Terms and Conditions are intended to survive the termination or expiration of our agreement, including but not limited to those related to intellectual property rights, confidentiality, limitation of liability, and indemnification.
- These provisions are essential to protect the interests of both parties even after our business relationship has ended.
Headings
- The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation or construction of any provision herein.
- The headings are not intended to define, limit, or describe the scope or extent of any provision and shall not be considered in the interpretation of these Terms and Conditions.
Dispute Resolution
- Conditions or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to attempt to resolve the matter amicably through good faith negotiations.
- If the parties are unable to reach a resolution through negotiations within a reasonable period, the dispute shall be submitted to mediation, administered by a mutually agreed-upon mediator, in accordance with the rules of the mediation provider selected by the parties.
- If mediation is unsuccessful, the dispute shall be resolved through binding arbitration conducted in accordance with the rules of a recognized arbitration provider agreed upon by the parties.
- The decision of the arbitrator shall be final and binding upon the parties and may be enforced by any court of competent jurisdiction.