Effective Date: 24-04-2024
IMPORTANT LEGAL NOTICE:
This document is a *template* provided for informational and structural purposes only. **It does not constitute legal advice.** Microelectra IT Corporation MUST have this document reviewed, customized, and approved by a qualified legal professional to ensure it complies with all local, national, and international laws applicable to its operations, software licensing, and IT services. By using this template, you acknowledge this requirement.
These Terms and Conditions ("T&Cs") govern the use of the School Management Software ("Software") and related IT Services ("Services") provided by Microelectra IT Corporation (referred to as "Company," "We," "Us," or "Our") and the Client (referred to as "Client," "You," or "Your").
By accessing, purchasing, or utilizing our Software or Services, You agree to be legally bound by these T&Cs. If You do not agree, You must not use our Software or Services.
The Company grants You a non-exclusive, non-transferable, limited, and revocable license to use the Software solely for Your internal school management operations, consistent with the terms of Your subscription or purchased plan.
You shall not, and shall not permit any third party to:
The specific IT Services provided (including implementation, customization, consulting, and advanced support) will be detailed in a separate document such as a **Statement of Work (SOW)** or **Service Agreement**, which shall be deemed incorporated into these T&Cs.
You agree to cooperate with Us, provide necessary access to systems, and promptly deliver required information to ensure the effective and timely delivery of the Services.
Client Data Ownership: You retain all ownership rights to the data, content, and information (collectively, "Client Data") that You store or transmit using the Software or provide during the Services.
Data Protection: We will implement commercially reasonable security measures to protect the integrity and confidentiality of the Client Data. Our commitment to privacy and data processing is further detailed in our separate **Privacy Policy**, which You agree to review and accept.
The Company will provide standard technical support for the Software as defined in Your specific subscription plan. Support is generally limited to addressing technical faults and bugs within the Software itself.
Specific uptime guarantees and critical response times, if applicable, are governed by a separate Service Level Agreement (SLA).
Limited Warranty: We warrant that the Software will substantially conform to its documentation when used correctly. We warrant that Services will be performed in a professional and workmanlike manner.
DISCLAIMER:
EXCEPT FOR THE LIMITED WARRANTIES PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MICROELECTRA IT CORPORATION HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROELECTRA IT CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE USE OF THE SOFTWARE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
OUR TOTAL AGGREGATE LIABILITY UNDER THESE T&CS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
These T&Cs commence upon Your first use of the Software or Services and remain in effect until terminated. Either party may terminate this agreement upon written notice if the other party breaches any material term herein and fails to cure such breach within 10 days after receiving notice.
Upon termination, Your license to the Software immediately ceases, and You must discontinue all use of the Software and Services.
You agree to indemnify, defend, and hold harmless Microelectra IT Corporation from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Your misuse of the Software or Services or Your breach of these T&Cs.
These T&Cs shall be governed by and construed in accordance with the laws of Uttar Pradesh India, without regard to its conflict of laws principles.
Any disputes arising out of or relating to these T&Cs shall be submitted to the exclusive jurisdiction of the courts located in Surajpur, Greater Noida, Gautam Buddha Nagar Uttar Pradesh.