No-Code Agency

TERMS

Terms and Conditions with Customer Information

These terms and conditions apply to the following platforms:

 

 

Last updated on Mar 16th 2024

For the purpose of these Terms and Conditions, The term “we”, “us”, “our” used anywhere on this page shall mean KrazyKlicks Infotech, whose registered/operational office is A 79 Ramprastha Colony Ghaziabad UTTAR PRADESH 201011 . “you”, “your”, “user”, “visitor” shall mean any natural or legal person who is visiting our website and/or agreed to purchase from us.

Your use of the website and/or purchase from us are governed by following Terms and Conditions:

1. Scope, Contracting Parties, and Definitions

1.1. These General Terms and Conditions (hereinafter referred to as “Terms”) govern all agreements between KrazyKlicks Infotech, represented by its managing director, situated at A 79 Ramprastha Colony, Ghaziabad, Uttar Pradesh – 201011, and having its office address at M-113 GK 1, New Delhi – 110048 (hereinafter referred to as the “Provider”), and its customers (hereinafter referred to as “Customers”, collectively referred to as the “Parties”).

1.2. In the event of conflicting or additional terms and conditions provided by the customer, such terms are explicitly rejected unless otherwise agreed upon by the Parties. These Terms shall exclusively govern the agreement even if the Provider performs the services for the customer without express objection despite being aware of conflicting or deviating conditions of the customer.

1.3. These Terms are applicable to both consumers and entrepreneurs unless explicitly differentiated within a specific clause. Pursuant to § 13 of the Indian Contract Act, 1872, a consumer is defined as any individual who enters into a contract for purposes primarily outside of their commercial or self-employed professional activities. Pursuant to § 14 of the Indian Contract Act, 1872, an entrepreneur is defined as an individual or entity engaged in commercial or self-employed professional activities when entering into a contract.

1.4. For customers classified as entrepreneurs, the following provisions additionally apply: These Terms shall serve as a framework agreement for subsequent contracts, unless otherwise agreed upon by the Parties. This framework agreement shall be applicable to the customer for similar future contracts, either at the time of placing the order or as communicated in the most recent text form, without requiring the Provider to reiterate them for each individual transaction. However, individually negotiated framework agreements or other contracts (including supplementary agreements, amendments, or modifications) shall take precedence in specific cases and shall only be supplemented by these Terms.


2. Subject of the Contract

2.1. The subject of this contract entails the provision of the software, namely “InPrivy”, “eniston”, “FeatureShift”, “Hyperlynk”, “Usertally”, and “Releases” (hereinafter collectively referred to as the “Software”), for a specified fee and duration within the customer’s company via the Internet, along with the allocation of storage space on the Provider’s servers.

2.2. Additionally, the Provider extends its services to include consultancy, training, or other forms of support (such as installation, configuration, data migration, customization, etc., hereinafter referred to as “support services”) related to the offered software. The specifics of the support services are subject to separate negotiation between the Parties and entail distinct compensation. It is hereby clarified that support services, apart from those agreed upon, do not form part of this contract.

2.3. The Software may incorporate links to third-party web services or services rendered by third-party providers. These terms and conditions do not govern such services offered by third-party providers, even if they are accessible through the Provider’s platform and irrespective of whether they are free of charge and/or necessitate registration with the Provider for utilization. Regarding these services, the relationship between the customer and the third-party provider shall be governed solely by the general terms and conditions provided by the third-party provider before utilization or by statutory provisions. The Provider solely facilitates technical access to these services.

2.4. This contract may also encompass a subscription agreement for the regular provision of the Provider’s software (hereinafter referred to as the “subscription agreement”). Under the subscription agreement, the Provider commits to supplying the Software as contractually agreed to the customer within the specified contractual term at predetermined intervals.


3. Services of the Provider and Storage Space

3.1. The Provider authorizes the customer to access the software’s current version via the Internet using a web browser.

3.2. The Provider assures the functionality and accessibility of the software throughout the contract duration and commits to maintaining it in a condition suitable for contractual utilization. The extent of the software’s features is delineated by the Provider’s current performance description available on the respective platforms mentioned earlier.

3.3. Following the contract’s conclusion, the Provider will furnish the customer with user documentation accessible via the respective software’s help center.

3.4. The Provider reserves the right to continually enhance and upgrade the software, taking into account the customer’s legitimate interests, especially concerning legal requirements, technical standards, or IT security enhancements. However, the Provider is not obligated to tailor the software to the customer’s specific needs or IT environment unless otherwise agreed upon by the Parties. Timely notifications regarding necessary updates or upgrades will be provided to the customer. Should such changes significantly impede the customer’s legitimate interests, the customer retains a special termination right as outlined in section 15.3 of these terms and conditions. Minor alterations to the Provider’s services, such as purely graphical modifications or adjustments in functional arrangements, are not considered substantial changes under this clause.

3.5. The Provider will conduct routine maintenance on the software and promptly address any software errors to the extent technically feasible. A defect is identified if the software fails to fulfill specified functions, generates inaccurate results, or malfunctions in a manner that renders its use impossible or restricted. Maintenance activities are typically conducted outside the customer’s regular business hours unless exceptional circumstances necessitate otherwise.

3.6. For the softwares the Provider allocates limited storage space on its servers, capped at a maximum of 2TB. Data accessibility within the software’s usage scope is ensured by the Provider. Customers have the option to expand storage capacity per conditions outlined in the price list.

3.7. The Provider implements data protection measures and conducts backups in line with industry standards. However, the Provider is not obligated to retain or safeguard customer data. It is the customer’s responsibility to ensure adequate data backup.

3.8. The customer retains sole ownership rights over the data stored on the Provider’s servers and may request access to such data at any given time.


4. Registration

4.1. Prior to contract finalization, completion of an online registration process (hereinafter referred to as “registration”) is mandatory.

4.2. Registration and profile setup necessitate the creation of a customer account. The requisite data for the customer account (hereinafter referred to as “login data”) are specified by the registration input form.


5. Conclusion of the Contract and Contract Language

5.1. The depiction and promotion of the software outlined in the Provider’s online shop do not constitute a binding offer by the Provider to finalize a contract but rather an invitation for the customer to place a binding order for the Provider’s software.

5.2. The customer can submit the offer by completing the integrated online order form within the Provider’s online shop. The requisite data to be furnished by the customer for the offer are specified in the input fields of the online order form. Upon inputting the required data and clicking the button concluding the ordering process, the customer submits a legally binding contract offer concerning the software included in the virtual shopping cart. The customer retains the ability to rectify their entries before submitting their binding order using standard keyboard and mouse functions.

The Provider may accept the offer by:

Sending the customer a declaration of acceptance (e.g., an order confirmation) in written or electronic form (e.g., via letter or email), with the receipt of the declaration of acceptance by the customer being pivotal, or

Providing the ordered software to the customer, or

Executing the payment transaction through the payment service provider chosen by the customer in their order. The timing of contract conclusion depends on the selected payment method as per section 11.3.

In the event multiple of the aforementioned alternatives are applicable, the first occurring alternative governs contract conclusion. Failure of the Provider to accept the customer’s offer within the stipulated period constitutes rejection of the offer, relieving the customer of any binding commitment.

5.3. Upon contract conclusion, the Provider archives the contract text alongside the terms and conditions and forwards it to the customer in written or electronic form (via letter or email) subsequent to the customer’s order submission. The Provider does not furnish further accessibility to the contract text. Customers may access the contract text within their customer account on the Provider’s website provided they have established a customer account prior to order submission. Order data is retained within the Provider’s system and can be accessed and retrieved by the customer utilizing their access credentials within the password-protected customer account.

5.4. For customers identified as entrepreneurs, the following provision applies: The Provider may furnish the contract text alongside the terms and conditions via reference to an online source (e.g., a hyperlink).

5.5. The contract is established in English language.

5.6. The customer bears responsibility for ensuring the accuracy of the email address provided for order processing to facilitate receipt of emails dispatched by the Provider to this address. Particularly, the customer must ensure that all emails dispatched by the Provider or third parties commissioned by the Provider for order processing can be received, notwithstanding any employment of spam filters.

5.7. For customers classified as entrepreneurs, the subsequent additional provision applies: Any mutually agreed special conditions generally do not extend to concurrent or future contractual relationships with the customer.


6. Usage Rights

6.1. There is no physical transfer of the software to the customer.

6.2. The customer receives simple, non-licensable, non-transferable rights to use the latest version of the software for the contractually specified number of users, limited in time to the duration of the contract, by accessing it through a web browser in accordance with the following provisions.

6.3. If the customer is an entrepreneur, the following applies additionally: The customer may only use the software within the scope of their own business activities and by their own personnel. The customer is not permitted to use the software for any other purposes.

6.4. If the customer is a consumer, the following applies additionally: The customer may only use the software for private purposes.

6.5. The data stored by the customer on their designated storage space may be protected by copyright and data protection laws. The customer grants the provider the right to make the data stored on the server accessible to the customer when they request it through a browser and, in particular, to reproduce and transmit it for this purpose, as well as to make copies for data backup purposes.


7. Support

7.1. The provider establishes support for customer inquiries regarding the functions of the software. Support inquiries can be made by email, depending on the product, to support@ or through a live chat function. The inquiries will be processed in the order of their receipt.

7.2. The customer must describe the problems as accurately as possible.

 


8. Availability of the Software

8.1. The provider offers the software subject to availability. Achieving 100% availability is technically unattainable and therefore cannot be assured to the customer. The software remains accessible to customers for an indefinite duration, ensuring a minimum availability of at least 99% per year. The provider strives to maintain consistent availability of the software. However, maintenance activities, security or capacity-related issues, and unforeseeable events beyond the provider’s control (such as disruptions in public communication networks, power outages, hosting failures, cyberattacks, telecommunications line failures from the transfer point to the internet, etc.) may lead to disruptions or temporary suspension of the software and are not included in the minimum availability calculation. Availability is computed based on the time span within the respective calendar year during the contractual period, subtracting maintenance durations. The provider endeavors to schedule maintenance work during periods of minimal user activity.

 


9. Customer’s Obligations

9.1. The customer is obligated to create the necessary technical requirements for using the software.

9.2. The customer must protect and safeguard the access data provided to them against third-party access in accordance with the state of the art. The customer will ensure that usage is limited to the contractually agreed scope. Any unauthorized access must be promptly reported to the provider.

9.3. The customer is obligated not to store any data on the provided storage space that violates applicable Indian law, regulatory requirements, rights of third parties, or agreements with third parties.

9.4. The customer is obligated to check their data and information for viruses or other harmful components prior to input and to use virus protection programs in accordance with the state of the art.

9.5. The customer is obligated to keep their data (especially billing data) up to date at all times and to update their data themselves or notify the provider of any changes.

9.6. Notwithstanding the provider’s obligation to ensure data security, the customer is solely responsible for entering and maintaining the data and information necessary for using the software.

9.7. The customer is responsible for regularly taking appropriate data backups on their own responsibility.

9.8. The customer is prohibited from obtaining confidential information through reverse engineering. “Reverse engineering” includes all actions, including observation, testing, examination, and disassembly, with the aim of accessing confidential information. The permissions for reverse engineering according to Section 52 of the Indian Copyright Act remain unaffected by this.

9.9. The provider is entitled to issue a warning to the customer and/or temporarily or permanently block access to the software in the event of abusive use of the software and may initiate civil and criminal measures if necessary.

 


10. Compensation and Payment Terms

10.1. Unless otherwise specified in the provider’s performance description, the indicated compensation constitutes total prices. The customer commits to remit the agreed monthly fee to the provider for the provision of the software. Unless otherwise agreed between the parties, the compensation is determined based on the provider’s valid price list at the time of contract conclusion, as available on the respective platform’s online offering. The specified compensation is denoted in Indian Rupees and is an all-inclusive price encompassing the applicable legal Goods and Services Tax (GST) on the day of invoicing.

10.2. The provider reserves the right to reasonably adjust the compensation to maintain the price-performance ratio, effectively responding to prospective cost increases or decreases and altering cost scenarios that cannot be otherwise balanced. The elements influencing adjustment or the adjustment criteria may comprise modifications, expansions, and/or adaptations to the contractual possibilities of utilizing the provider’s SaaS services, administrative and general costs (rent, financing and transaction costs, personnel and service provider costs, energy and internet access costs, IT development costs, etc.), as well as state-imposed taxes, fees, contributions, and other levies. All adjustments to the compensation become effective one (1) month after notification.

10.3. The customer may settle the compensation through the following payment method(s):

If the customer opts for a payment method facilitated by the payment service “Stripe” or “Razorpay,” payment processing is executed by the respective payment service provider. Specific payment methods offered through Stripe or Razorpay will be communicated to the customer on the provider’s website. Additional payment terms specific to Stripe or Razorpay may apply and will be separately notified to the customer.

10.4. For customers classified as consumers, statutory provisions concerning payment default are applicable. The provider retains the right to seek additional damages for payment default.

10.5. For customers identified as entrepreneurs, the ensuing applies: Default occurs upon the expiration of the aforementioned payment deadline. The outstanding compensation incurs interest at the applicable statutory default interest rate during the default period. The provider retains the right to pursue further damages for default (e.g., reasonable costs of necessary legal defense, including all court and attorney fees, costs for dunning procedures or collection). The provider’s claim for commercial default interest remains unaffected concerning merchants. In case of overdue claims, incoming payments from the customer will be allocated to any costs and interest first, followed by application to the oldest claim.

10.6. If the customer is a business entity, the subsequent provision applies additionally: Offset rights are available to the customer solely if their counterclaims have been legally established or remain undisputed or acknowledged by the provider in connection with the principal claim.

10.7. If the customer is a business entity, the following additional provision applies: The customer’s right of retention is excluded unless the counterclaim of the customer arises from the same contractual relationship and is undisputed or legally determined. To assert this right, written notice to the provider is required.

10.8. If the customer is a business entity, the subsequent provision applies additionally: If it becomes evident post-contract conclusion (e.g., through the initiation of insolvency proceedings) that the provider’s compensation claim is endangered due to the customer’s lack of performance capability, the provider is entitled, as per legal provisions, to withhold performance and, if necessary, to rescind the contract following a stipulated deadline (§ 321 of the Indian Contract Act).

 


11. Contract Term and Termination

11.1. For the “OneLnk” and “Mailautic” software, the contract is entered into for an indefinite period and can be terminated at any time by the customer by deleting their customer account.

11.2. For the “Uptimify”, and “Mojowrite” software, the customer can choose between a minimum contract term of 1 month or 12 months.

11.3. For customers who are consumers and choose a minimum contract term of one month: The contract begins upon contract conclusion and is entered into for an indefinite period, but at least for a duration of 1 month (minimum term). During the minimum term, the contract can be terminated at any time, with the termination taking effect at the end of the minimum term. If the contract is not terminated in a timely manner, it will continue indefinitely and can then be terminated at any time at the end of the respective contract term.

For customers who choose a minimum contract term of 12 months: The contract begins upon contract conclusion and is entered into for an indefinite period, but at least for a duration of 12 months (minimum term). During the minimum term, the contract can be terminated with a notice period of one month, with the termination taking effect at the end of the minimum term. If the contract is not terminated in a timely manner, it will continue indefinitely and can then be terminated at any time with a notice period of one (1) month at the end of the respective contract term.

11.4. For customers who are entrepreneurs and choose a minimum contract term of one month: The contract begins upon contract conclusion and is entered into for an indefinite period, but at least for a duration of 1 month (minimum term). During the minimum term, the contract can be terminated at any time, with the termination taking effect at the end of the minimum term. If the contract is not terminated in a timely manner, it will automatically renew month by month and can then be terminated at any time at the end of the respective contract term.

For customers who choose a minimum contract term of 12 months: The contract begins upon contract conclusion and is entered into for an indefinite period, but at least for a duration of 12 months (minimum term). During the minimum term, the contract can be terminated with a notice period of 1 month at the end of the minimum term. If the contract is not terminated in a timely manner, it will automatically renew for additional 12-month periods and can then be terminated at any time with a notice period of 1 month at the end of the respective contract term.

11.5. The right of each party to terminate the contract without observing a notice period in the event of a material reason remains unaffected. A material reason exists when there are facts that, considering all circumstances of the individual case and weighing the interests of the contracting parties, make it unreasonable for the terminating party to continue the contract. If a material reason arises from a breach of a contractual obligation, termination is only permissible after an unsuccessful period for remedy or after a failed warning, unless setting a deadline is not necessary according to Section 314 in connection with Section 323 (2) of the Indian Contract Act. In the event of termination for material reasons, the provider is entitled to compensation for the services rendered until the termination becomes effective under the contract. However, compensation is not due for services for which the customer demonstrates no longer having an interest due to the termination.

11.6. The contract can be terminated in written form (e.g., by email), in the user account, or in electronic form through the termination button provided by the customer on their website.

11.7. Services rendered until the termination becomes effective must be remunerated. In the event of an extraordinary termination by the customer caused by the provider’s fault, this applies only to the extent that the rendered services are usable for the customer.

11.8. The provider will permanently delete all data remaining on its servers belonging to the customer 30 days after the termination of the contractual relationship. The provider does not retain any right of retention or liens over the data.


12. Data Protection

12.1. The parties shall adhere to the applicable data protection regulations relevant to them.

12.2. In the event that the provider has access to personal data of the customer as part of the service provision, the parties shall execute a data processing agreement upon entering into the main contract. Herein, the provider assumes the role of a data processor as defined under Article 28(3) of the General Data Protection Regulation (GDPR) and shall process the respective personal data solely in accordance with these provisions and the instructions of the customer. Alongside these terms and conditions, specific provisions of the data processing agreement apply, which are accessible through this link.

 


13. Dispute Resolution and Final Provisions

13.1. Alternative Dispute Resolution:
The following provisions apply to customers who are consumers in India. The Government of India provides an online dispute resolution platform at the following link: www.consumerhelpline.gov.in. This platform serves as a point of entry for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

13.2. The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.


14. Amendment of the Terms and Conditions:

14.1. The following provisions apply to customers who are entrepreneurs in India. The provider reserves the right to amend these terms and conditions at any time without stating reasons, unless such amendment is unreasonable for the customer. The provider will notify the customer of any changes to the terms and conditions in written form in a timely manner. If the customer does not object to the applicability of the new terms and conditions within a period of four (4) weeks after the notification, the amended terms and conditions will be deemed accepted by the customer. The provider will inform the customer in the notification about their right to object and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship will continue based on the original terms and conditions.
14.2. Furthermore, the provider reserves the right to amend these terms and conditions:

to the extent that the provider is obligated to do so as a result of a change in legal requirements,

to comply with a court ruling or governmental decision against the provider,

to introduce additional, completely new services or service elements that require a description of services in the terms and conditions, unless such amendment adversely affects the existing contractual relationship,

if the amendment is solely advantageous for the customer, or

if the amendment is purely technical or procedural in nature, unless it has significant effects on the customer.

14.3. The customer’s right of termination pursuant to clause 15 is unaffected by this.


15. Final Provisions:

15.1. These terms and conditions and the contractual relationship between the parties are governed by the laws of India. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of India.
15.2. For customers who are entrepreneurs, the following additional provision applies: The assignment of claims arising from the contract concluded between the parties by the customer, in particular the assignment of any claims for defects by the customer, is excluded.

15.3. If the customer is a merchant within the meaning of the Indian Commercial Code, a business entity under Indian law, a legal entity under public law, or a special fund under public law, the exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship between the parties is the registered office of KrazyKlicks Infotech. KrazyKlicks Infotech is also entitled, in all cases, to file a lawsuit at the place of performance of the contractual obligations according to these terms and conditions or a prior individual agreement or at the general place of jurisdiction of the customer. Mandatory statutory provisions, particularly regarding exclusive jurisdictions, remain unaffected.