Terms of Service

Updated on: 19th March 2020.

Effective Date: 19th April 2022.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Agenter Pvt Ltd (hereinafter “Agenter”) GOVERNING YOUR USE OF AGENTER BOOKS, A CLOUD-BASED ACCOUNTING SOFTWARE.


Parts of this Agreement

This Agreement contains two types of terms and conditions. General terms and conditions (hereinafter referred to as “General Terms”) and terms & conditions are specific to the use of individual services (hereinafter the “Service Specific Terms”). These terms collectively referred to as “Terms”. In case of conflict between General Terms and Specific Term, the service-specific terms shall prevail.


Acceptance of the Terms

You must attain legal age to enter into a binding agreement in order to accept the terms. If you’re not satisfied with any of the terms & conditions and not willing to agree with any of them, do not use any of our services. If you agree to the general terms and conditions and do not agree with any service-specific terms, do not use the corresponding service. You can convey your acceptance by clicking the button indicating your acceptance of the terms & conditions or by actually using the services.


Description of Service

We provide a bunch of services for online integration and management including word processors, spreadsheets, presentation tools, database application creators, email clients , chat clients , organizers and so on… you can use any of these services for your personal as well as for your business purpose or for the entity that you represent. You can get access to any of these services using any internet browser supported by the services. Internet access and equipment to use these services is your responsibility. You can create and edit content with your user account, if you choose to do so, you can publish and share such content.


Subscription to Beta Service

While you use our services, we may grant certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. While you use our beta services you agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of beta services and you agree that Agenter books will not be liable to you or any third party for any harm related to, arising out of or caused by the modification, suspension or stopping of any of the beta services for any reason. You will not be having any obligation to subscribe to the paid services as a result of subscription to beta services.


Modification of Terms of Service

We have the sole authority to modify the term at any time by serving notice to you through a service announcement or by giving intimation to your primary email address. We will be providing you advance notice of not less than 30 days regarding the changes, which may affect your rights in connection with the use of services. You can terminate the use of your services by giving notice by email within 30 days of being notified of the availability of modified terms if the terms are modified in a manner that substantially affects your right in connection with the use of the services. Your continued utilization of the service after the effective date of any change to the terms will be deemed to be your agreement to the modified terms.


User Sign up Obligations

In order to access or use the services you need to sign up for a user account by providing all required information. If you are representing an organization and wish to use the services for corporate internal use, we recommend that all the users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we suggest you to use the corporate email address. As a user, you agree to: -Provide true, correct, current, and complete information about yourself as prompted by the sign-up process; and if you provide information that is untrue, inaccurate, outdated, or incomplete or if Agenter has reasonable ground believe that such information is untrue, inaccurate, outdated or incomplete, we may terminate your user account and refuse current or future use of any or all of the services.


Organization Accounts and Administrators

While completing the sign-up process for your organization you may specify one or more administrators. These administrators will be having the power to configure the Services based on your requirement and manage end users in your organization account. If your organization account is created by a third party on behalf of you, it is likely that such a third party has assumed an administrator role for your organization. Please ensure a suitable agreement with such party specifying such party’s roles and restrictions as an administrator of your organization account.


Personal Information and Privacy

Whatever personal information you provide to Agenter Books will be managed as per the privacy policy. Your decision to use the Services indicates the acceptance terms as specified in the privacy policy. Responsibility to maintain the confidentiality of your user name, password, and other sensitive information is always yours. Responsibility for the activity in your user account is also yours and you hereby agree to inform us immediately of any unauthorized use of the account by email to Info@agenterbooks.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or usage of your user account, or otherwise.


Communications from Agenter Books

Our services may include certain communication from Agenter, such as announcements, administrative messages, and newsletters. We want you to understand these communications shall be considered as per of using the services. As part of giving you total privacy, we also provide you the option for opting out from receiving the service announcements and administrative message.


Complaints

Upon receipt of a complaints from any person against you with regard to your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. It’s obligatory for you to respond to such mail within days of its receipt. If not responded within the said period of time, we may disclose the name and contact information to the complainant for enabling him to take legal action against you. It’s obligatory for you to understand that, your failure to respond to the complaint forwarded within the given time limit will be construed as your consent to disclose your name and contact information to the Agenter complainant


Fees and Payments

You can start using the Agenter books services by choosing an appropriate subscription plan of your choice, Payment for subscription can be made either by using a credit card or debit card. Renewal of your subscription will be done automatically at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not desire renew the subscription. If you wish to stop or pause the subscription, you must inform us at least seven days prior to the renewal date.


Restrictions on Use

While using the services, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior permission; (iii) While using the third party link to the site you must agree to their website terms & conditions; (iv) You should not post links to third party sites or use their logo, company name, etc. without their prior permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from authorized person or entity; (vi) you’re not supposed to use the Services in any of the following manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Agenter; (vii) violate any applicable local, state, national or international law; and (viii) You’re not supposed to create a false identity to mislead any person as to the identity or origin of any communication.


Spamming and Illegal Activities

You agree to take the sole responsibility for the contents of your transmission through the services. You hereby agree not to use the services for any unlawful purpose or transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or offends religious sentiments, promotes racism, contains viruses or malicious code, or that infringes or might infringe the intellectual property or other rights of another. Along with that, you agree not to use the transmission of “Junk Mail”, “Spam”, “Chain letter”, “Phishing” or unsolicited mass distribution email. We have the sole authority to terminate or suspend your access to the services if there are reasonable grounds to believe that you have used the services for any illegal or unauthorized activity.


Inactive User Accounts Policy

We have the sole authority to terminate or suspend the user accounts which remain unpaid and that are inactive for a continuous period of 120 days. Termination or suspension will be done only by giving a prior notice and option to back up your data. Upon termination, all the data associated with such a user account will be deleted. Data deletion policy may be executed with respect to any or all of the services. For calculating the period of inactivity each service will be considered as an independent and separate service. In activity of one of the services is not sufficient to keep your user account in another service active. For accounts having more than one user, if at least one of the users is active, the account will not be considered inactive.


Data Ownership

You will be the sole owner of the content created or stored by you. Your use of the service does not grant the license to Agenter to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Agenter commercial, marketing or any similar purpose, until and unless specifically permitted by you. But you grant permission to Agenter to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely for the purpose of rendering services to you.


User Generated Content

You can transmit or publish content created by you using any of the services or otherwise, such transmission and publishing will be the sole responsibility of the user. Any content made public will be publically accessible through the internet and could be crawled & indexed by a search engine. You must take sufficient care to ensure that any private content has not accidentally made available publically. While using the service if you come across any content with copyright notice(s) or any protection feature(s), you agree not to remove such copyright notice(s) or any copy protection features as the case may be. By making any copyrighted/copyrightable content on any of the services. Any of the content that you may receive from other users of the services is provided as-is for your information and personal use only and you're not allowed to reproduce, copy, use, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content.


Sample files and Applications

We may help you in understanding the possibility of using our services, this could be done by giving sample files and application for the purpose of demonstrating the possibility of using our services. Agenter makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications. Sample files and application contains random data only.


Trademark

Agenter logo, the names of individual services and their logos are the trademark of Agenter solutions Pvt Ltd. You agree not to display or use, in any manner, the Agenter Trademark, without Agenter’s prior permission.


Disclaimer of Warranties

You expressly understand and agree the use of services is at your sole risk. The said services are provided on an as-is-and as available basis. We are not giving any kind of warranty whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We are not giving any assurance that the service will be uninterrupted, timely, and secure or error-free. Use of all material downloaded or obtained through the use of the service shall be at your own discretion and risk and any damage to your computer system, mobile phone, wireless device or data that results from the use of the services will be your sole responsibility. Advice or information, whether written or oral obtained by you from Agenter or its employees or representatives shall not create any warranty not expressly stated in terms.


Limitation of Liability

you agree that Agenter shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Agenter has been advised of the possibility of such damage. In no event shall Agenter’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.


Indemnification

You agree to indemnify and hold harmless Agenter, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) generating from or related to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Agenter.


Arbitration

Any dispute or distinction whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties. The arbitration shall be conducted in India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Agenter may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.


Suspension and Termination

Suspension of your user account or temporary termination of access to whole or part of any service in the event of any suspected illegal activity, an extended period of inactivity, or on request by law enforcement or other government agencies, is our sole authority. Objection if any with regard to the suspension or disabling of user accounts should be communicated to infor@agenter.com within thirty days from the date of notification. Appropriate action will be taken on completion of thirty days period. We may also terminate your user account upon your request.


END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us at infor@agenter.com.


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