Terms Of Service

Acceptance
Welcome to Samarth Digitech. We are excited to have you as our esteemed customer / partner. “Samarth Digitech", "Samarth", We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of Samarth Digitech. "Products" or “Services” imply all offerings of Samarth Digitech. Following terms and conditions (collectively, these "Terms of Service") apply to services including any content, functionality by Samarth Digitech. By using our services you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, let us know at [email protected]

Changes in Terms of Service and the Web Application
Samarth Digitech reserves the right to update the website and these Terms of Services from time to time, at our discretion and without notice. Nevertheless, this document is public on www.samarthdigitech.in website, and you will be able to track the changes for any new version. Your continued use of our services following the publishing of updated Terms of Service means that you accept and agree to the changes.

Accessing the Website, Security and Privacy
We can't guarantee that the Websites will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to customers. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss. You must treat UserID and Password information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password and you log out from your account at the end of every session. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We currently do not use any encrypted browsing for all logged-in users. We cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Permission to use your File access / Data access keys
In order for samarth digitech to work, you agree to provide us with a set of keys with which we will access files and databases on your behalf. By providing us with your access keys, you confirm that you are authorized to do so, and are also granting Samarth Digitech permission to periodically poll your account. We cannot guarantee the security of your keys, however should there be a breach we will do our best to notify you as soon as possible so you can cancel your keys. We cannot be responsible for keys with excessive permissions - please choose and use your keys wisely.

Price , Fees and Payment
Samarth Digitech may change the price for the Paid Services from time to time. In respect of the Samarth Digitech Paid Service, such changed prices will take effect after the expiry of the then current paid for period. Any price change will be communicated to you in advance. If you do not wish to be bound by such changed price relating to your Samarth Digitech Paid Service you may terminate your subscription of your Samarth Digitech Paid Service in accordance with our Termination policy. Your continued use of the Samarth Digitech Paid Service after the communication of such price change to you constitutes an acceptance of such new price.

Recurring Fees; Fee Increases. Recurring for the Services are payable in advance. Non-recurring fees, if any, will be separately set forth. Samarth Digitech may increase the fees annually by providing You with notice of the increase in fees not less than thirty (30) days prior to the date those increased fees will take effect. Your continued use or access to the Services following such a fee increase will be considered acceptance of the fee increase. In the event that You do not agree to an increase in fees, Your sole remedy will be to discontinue your use of the services. Invoices are due within fifteen (15) days of receipt of the applicable invoice. Samarth Digitech may suspend the Services or terminate this Agreement for non-payment by You. You are responsible for the payment of all taxes related to Samarth Digitech on provision of the Services to you.

Automatic renewal
The Samarth Digitech Paid Service will automatically renew at the end of each agreed term unless you terminate your services prior to the end of such term in accordance with our policies. Any renewal will always be for a yearly term, even if the previous subscription term was for a longer or shorter period. At the time of renewal the payment method you have designated to be charged for the purchase of the Samarth Digitech Paid Service will automatically be charged our then current fees for the applicable tenure.

Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of website at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limits to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website.

Term and termination
This Agreement will become effective in relation to you when you start using the Samarth Digitech Service and will remain effective until terminated by you or Samarth Digitech. You may cancel Samarth Digitech Paid Service at any time which shall have effect at the expiry of the then-current subscription period that you have already paid for. Samarth Digitech will not refund any remaining portion of fees you have already paid for. Samarth Digitech reserves the right to terminate this Agreement or suspend services at any time in case of unauthorised, or suspected unauthorised use of the Service whether in contravention of this Agreement or otherwise. If Samarth Digitech terminates this Agreement, or suspends services for any of the reasons set out in this section, Samarth Digitech shall have no liability or responsibility to you, and Samarth Digitech will not refund any amounts that you have previously paid.

Intellectual property
Samarth Digitech respects intellectual property rights, and expects you to do the same. The Samarth Digitech Service and the content provided through the Samarth Digitech Service is the property of Samarth Digitech and you do not have a right to use the Samarth Digitech Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the Samarth Digitech Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Samarth Digitech Service.

Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the Samarth Digitech Websites are infringing copies of your work, please let us know. A notification of claimed copyright infringement must be addressed to Samarth Digitech and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on Samarth Digitech Service or the Samarth Digitech Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address.

Technology Limitations and Modifications
Samarth Digitech will make reasonable efforts to keep the Samarth Digitech Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Samarth Digitech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Samarth Digitech Service with or without notice.

Assignment
Samarth Digitech may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

Entire agreement
This Agreement together with the Samarth Digitech Privacy Policy, (the Agreements) constitutes all the terms and conditions agreed upon between you and Samarth Digitech and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Samarth Digitech are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Samarth Digitech not contained in this Agreement.

Severance
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

Abuse of service
All information such as data files, written text, images or any other media) which you may have access to as part of, or through your use of the Products of Samarth digitech are the sole responsibility of the person from which such content originated. Samarth Digitech takes no responsibility for abusive content, and it is the responsibility of the users to regulate such content. Samarth Digitech takes no responsibility for any data generated within any of its Products and published or distributed outside by the user.

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