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 comply with these terms. If you do not agree with any part of these terms, you may not access or use our services.
Services
We offer software development, consulting, maintenance, and support, tailored to the IT industry. Services are provided based on terms outlined in agreements with clients.
User Responsibilities
- Clients must collaborate effectively, providing timely feedback and necessary clarifications.
- Clients are responsible for ensuring the accuracy, completeness, and legal permissibility of any data or materials provided.
- Clients indemnify Yatiken Software Solutions against claims arising from using unauthorized or infringing materials.
Intellectual Property
- All software, code, documentation, and materials are protected by intellectual property laws.
- Clients may only use the software and materials for 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. Failure to make timely payments may result in suspension or termination of services.
Confidentiality
- Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the engagement.
- Confidential information includes trade secrets, business strategies, and project details.
Limitation of Liability
Yatiken Software Solutions will not be liable for loss of profits, revenue, or data, or any consequential, incidental, indirect, or special damages. Liability is limited to the total fees paid by the client for services rendered in the past twelve months.
Indemnification
Clients agree to indemnify and hold Yatiken Software Solutions harmless from any claims, damages, or losses arising from the use of our services or breach of these terms.
Termination
Yatiken Software Solutions reserves the right to suspend or terminate services if the client breaches any provision, fails to make timely payments, or disrupts service integrity. Upon termination, the client must return materials, documentation, or equipment and cease using services provided.
Governing Law
These Terms and Conditions will be governed by the laws of the Indian Constitution, without regard to its conflict of law principles.
Amendments
Yatiken Software Solutions may update or modify these Terms and Conditions to reflect changes in business practices, legal requirements, or industry standards. Clients will be notified of amendments, and continued use of services constitutes acceptance of updated terms.
Contact Information
For questions or concerns regarding these Terms and Conditions, contact hr@yatiken.com.
Non-Solicitation
During and for a period of [specify duration] after termination, the client agrees not to solicit or hire Yatiken Software Solutions' employees or contractors without prior written consent.
Dispute Resolution
If a dispute arises, both parties will attempt to resolve it amicably through good-faith negotiations. If informal resolution fails, binding arbitration will be conducted by a neutral arbitrator chosen according to [arbitration organization] rules. The costs of arbitration will be shared equally.
Feedback
Clients are encouraged to provide feedback, which will help improve services. Feedback does not obligate Yatiken Software Solutions to act on it but may be used to enhance products or services without compensation.
Third-Party Links
Yatiken Software Solutions does not endorse, control, or guarantee the content or services on third-party websites linked for convenience. Yatiken Software Solutions is not responsible for any damages caused by using or relying on third-party content.
Force Majeure
If force majeure events (e.g., acts of God, war, terrorism, labor disputes) prevent performance, we will notify you and take reasonable steps to mitigate the impact. We will suspend performance during the force majeure event and will not be liable for delays or failures to perform.
Severability
If any provision is found invalid, illegal, or unenforceable, the remaining provisions will remain in effect. Both parties agree to negotiate in good faith to replace unenforceable provisions.
Waiver
Failure to enforce any provision does not waive the right to enforce it or any other provision in the future. Waiving any breach will not waive subsequent breaches.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties, superseding any prior agreements. Amendments must be in writing and signed by both parties to be valid.
Assignment
Clients may not assign or transfer any rights or obligations without prior written consent from Yatiken Software Solutions. Yatiken Software Solutions reserves the right to assign its rights and obligations to a third party, provided it does not adversely affect the client.
Survival
Provisions related to intellectual property, confidentiality, limitation of liability, and indemnification will survive the termination or expiration of the agreement.
Headings
Headings are for convenience only and do not affect the interpretation of any provision.
Dispute Resolution
In case of a breach, termination, enforcement, or interpretation issue, both parties agree to attempt good-faith negotiations. If informal resolution fails, a mutually agreed mediator will handle the mediation process. If mediation fails, arbitration will resolve the dispute, and the arbitrator’s decision will be final and binding.
