REGISTER *  Company Name   Web Site   * Address   * City   * State   * Zip   * Country   Company Details   * Contact Person   *  Email   *  Username   *  Password    I agree to the following terms and conditions.     SERVICE AGREEMENT The Agreement is being entered into by you with Cyberindigo Net Pvt.Ltd, company incorporated under the Indian Companies Act 1956, and having its Registered office at : - 212 / 213,Reena Complex ,Ramdev Nagar Road, Opp.Nathani Steel, Vidyavihar(W),Mumbai-400086 (hereafter refered to as “the Company” which expression shall mean and include its successors and assignors) Please note that Cyberindigo Net Pvt.Ltd are the sole & absolute owners & proprietors of the product/service “Ez-Sales”. As part of the Service, the Company will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement. Charges and Payment of Fees: You will pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide the Company with valid credit card or purchase order information as a condition to signing up for the Service. You must also report and pay any applicable taxes to the appropriate government agency. Purchase orders are subject to credit approval. The Company charges and collects some amount in advance for use of the Service. The Company will automatically renew and bill your credit card or issue an invoice to you as follows: (a) every month for monthly licences, (b) every quarter for quarterly licences, (c) upon the commencement of the initial term and then at each subsequent anniversary for annual licences, or (d) quarterly or annually for annual subscriptions. The renewal charge will be as per the terms of the Purchase Order subject to acceptance. Any additions or deletions in Licences will be dealt on a prorata basis. Charges will be based on the number of licences contracted for, irrespective of whether or not such licences are actively used. Fees for other services will be charged on an as-quoted basis. The Company reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.This will of course be subject to mutual acceptance of the buyer and the seller. For credit card payers, invoices will be generated at the start of a licence or billing period and your credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of a licence or billing period and approximately one month in advance of the start of any renewal or subsequent billing period. Terms of payment in days will be agreed and confirmed on the Purchase Order. Your account will be considered delinquent (in arrears) if payment in full is not received by the licence or billing period start date. It will be sole right of the Company to treat such delinquent account as per its own merit. You agree to provide the Company with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address and name and telephone number of person authorized for dealing with this contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, the Company reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless the Company in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (ii) entities with headquarters and majority users in India will be billed in Indian rupees and subject to Indian payment terms and pricing schemes (“Indian customers”) and (iii) all other entities will be billed in U.S. dollars, and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of the Company. If you believe that you have been incorrectly billed by the Company., you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Non-Payment: In addition to any other rights granted to the Company herein, the Company reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your licences during any period of suspension. If you or the Company initiate termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Non-Transferable licence: The Company grants to you a personal, non-exclusive, non-transferable licence to use and display the entire options of this software solely for your internal purpose . All rights not expressly granted herein by the Company to you are reserved by the Company and/or its licensors. Restrictions: The Company. restricts unauthorised use, resale or commercial exploitation of the Service and/or the Content in any way. You shall not copy, licence, sell, transfer, make available, distribute, or assign this licence or the Content or any part thereof to any third-party. You shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device. You are advised to consult with your software consultant or other financial representative to verify pricing details prior to the execution of any security trade based upon the Content. Third-Party Interaction: In your use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.Liability of ez-sales is limited to the sale of the software to you and its usage. Links to Third-Party Sites: The Company does not endorse any sites on the Internet which are linked through the Service. The Company is providing these links to you only as a matter of convenience, and on your request .In no event shall the Company or its licensors be held responsible for any content, products, or other materials on or available from such sites. User Accounts:- A user account is required to access the Service and may be accessed and used only by those authorised individuals who are registered with the Company. To open a user account, you or your company must complete the registration process by providing the Company with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company's users agree to submit correct, current and complete information about you and your organisation, and promptly update such information. Should the Company suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your use of the Service. You must choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licences can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service. User Responsibilities: You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify the Company immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. The Company and its licensors shall not be responsible for (i) any unauthorised access to, or alteration of, your transmissions of data, or any material, information or data sent or received, regardless of whether the data is actually received by the Company, (ii) any transactions entered into through the Service, or (iii) any failure by you to abide by this Agreement. Account Information & Data: The Company does not own any data, information or material that you submit to the Service ("Data"),. The Company maintain utmost confidentiality of data except in case there is a specific request from you or under the law to part with it. Please be aware that the Company does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information and your IP address will not be transmitted with messages sent from your the Company account. The Company may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, and not the Company, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and the Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Use, Storage & Other Limitations: The Company reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service and the maximum disk space that will be allotted on the Company's servers on your behalf. The Company currently provides 10 MB server space per license. If the space exceeds the above quota , ez sales.net will charge the cost of 1 additional license .However reasonable efforts will be made by the Company to intimate the user in case the space capacity reaches 90% but you will be responsible for any additional storage charges regardless. User Conduct: You shall to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Service. In addition, without limitation, you shall not use the Service or information from the Service to: (a) send unsolicited or unauthorised email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, immoral, libellous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses worms, time bombs or cancelbots; (f) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service. Termination/Reduction in Service Level: For monthly, quarterly or annual licences, this Agreement is automatically renewable monthly, quarterly or annually, respectively, unless either party requests termination or a change in service level prior to the commencement of the next period. Either party may terminate this Agreement or reduce the level of service by notifying the other party in writing at least one month in advance of the termination date. Termination for Cause: Any unauthorised access, use, copying, disclosure, distribution, or sublicensing by you or with your aid or consent of the Service or Content or any related methods, algorithms, techniques, or processes will be deemed a material breach of this Agreement. The Company in its sole discretion may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, the Company may terminate a free account automatically on completion in 30 days test period. Data Rights: The Company reserves the right to withhold, remove and/or discard Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Data immediately ceases, and the Company shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third-party. In the event that you terminate this Agreement (other than by reason of your breach), the Company will make available to you a file of your Data within 30 days of termination if you so request at the time of your notification of termination. Privacy Policy: View the Company privacy policy at http://www.ez-sales.net Cookies: Cookies are files that your web browser places on your computer's hard drive and are used to tell us whether you have visited the Service previously. The Company uses a persistent cookie to help save and retrieve usernames used on the Service. The Company issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include the username or password of the user. Proprietary Rights: Except for the licences granted herein, you have no right, title or interest in or to the Company, the Service or any Content of the Company or its licensors, including, without limitation, documentation, stories, articles, text, images and other multimedia data and all such right, title and interest shall remain exclusively with the Company and its licensors, as applicable. The Company and/or other the Company products and services referenced herein are either trademarks or registered trademarks of the Company. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Mutual Indemnification: You shall indemnify and hold the Company, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any unauthorised or improper use of the Service or Content or any breach of this Agreement by you. The Company shall indemnify and hold you and your parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your proper and authorised use of the Service or Content. Warranties: (a) THE COMPANY WARRANTS THAT THE SERVICE PROVIDED WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE ONLINE EZ-SALES.NET HELP DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES. (b) EXCEPT AS PROVIDED IN SUBSECTION (a) ABOVE:(I) THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT;(II) THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS LICENSORS. Limitation of Liability: IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT. Local Laws & Export Control: This site provides services and uses software and technology that may be subject to the local Indian laws. Submissions: The Company alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions") and you agree to assign such Submissions to the Company free of charge. The Company may use such Submissions as it deems appropriate in its sole discretion. Notice: The Company may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter sent by confirmed facsimile to the Company at the following fax numbers (whichever is appropriate). Modification to Terms: The Company reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. Assignability: This Agreement shall not be assigned by you without the prior written approval of the Company but may be assigned by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Beneficiaries: The rights and limitations in this Agreement are also for the benefit of the Company's licensors each of whom shall have the right to enforce its rights hereunder directly and on its own behalf. General: No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Service. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. RIDER If you commit a breach of any of the terms and conditions contained in this Agreement, the Company shall be entitled to prosecute you for criminal breach of trust and take such other legal action as the Company may think fit and the Company shall further be entitled to recover from you as and by way of damages and such amount may be determined by the Company for any loss caused, sustained, suffered or incurred by the Company. Any disputes or differences arising between the parties hereto out of or in connection with this Agreement, the same shall be referred to arbitration referred to a sole retired Judge of the Bombay High Court appointed/nominated by the Company to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enchantment thereof .The arbitration proceedings shall be held in Mumbai, India and shall be in the English language. Questions or Additional Information: If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@Ez-sales.net

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