BY CLICKING 'I AGREE', YOU ARE ACCEPTING TO THE AGREEMENT TERMS AND THIS WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORIZED REPRESENTATIVE OR AGENT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING 'I AGREE'. THE 'EFFECTIVE DATE' OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE 'I AGREE' BUTTON BELOW.

THIS SaaS AGREEMENT, apply to the use of the SaaS Services (defined herein below individually or collectively as a suite) and other services provided through AKMIN.COM ('Website') and is entered into between you and Akmin Technologies Private Limited ('Akmin') along with our software applications and licensees and assignees collectively referred to in this Agreement as 'us', 'we', or 'Akmin'. This Agreement contains the general terms and conditions under which Akmin offers you the SaaS Services.

This Agreement will have to be read along with our Privacy Policy displayed in our website and the Terms of Usage as set out hereunder.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows:

• 1. DEFINITIONS
  • 1.1. Agreement means this 'SaaS Agreement' between Akmin and You.
  • 1.2. Licensed Software means and includes certain commercial software products or applications being provided to you as a Service by Akmin under this Agreement, including executable program modules thereof, as well as related documentation and computer readable media.
  • 1.3. SaaS services shall mean both the Software and the Services provided by Akmin to you as described by the Specifications.
  • 1.4. Subscription Fee shall mean the fee payable by you to Akmin as compensation for the use of the SaaS provided by Akmin as a Service Provider.
• 2. SPECIFICATION

  Akmin agrees to provide you with access to the website containing a bundle of SaaS Digital marketing suites, its information and downloadable forms. You are allowed to browse through the various products available and avail any or all of the SaaS services as mentioned hereunder :

  • (i) Review Booster - Software to grow online rating and reviews
  • (ii) Blog Galore - Software to create and maintain online blog
  • (iii) Landing Page Builder - Software to create and maintain landing pages
  • (iv) Website Builder - Software to create website
  • (v) Shopping Cart - Software to build and maintain online shopping cart
  • (vi) Schemed Builder - Software to enable Schema Markup within one or more pages in a website
  • (vii) SEO Wizard or Automation - Software to optimize one or more pages within the website for search engines
  • (viii) Analytics - Software to generate reports that help web masters and marketers to understand user interactions and track the success of digital marketing initiatives.

  Description of SAAS Rendered by Akmin as a SAAS provider to you

  • 1. Akmin will host the software services, individually or collectively as a suite and make it available for you at the subscription rates set out in the website herein.
  • 2. Akmin will employ all commercially reasonable measures to provide quality software services.
  • 3. Akmin shall provide you with standard technical support for any significant defects, errors, or malfunctions in Akmin's Software Products or systems, on a timely basis, given the nature and scope of this agreement.
  • 4. Akmin shall provide Customer with corrections, changes, or workarounds ("Corrections") for any significant defects, errors, or malfunctions in Software Product or systems, on a timely basis, given the nature and scope of the defects.

  OBLIGATIONS OF YOU AS END USER

  • 1. You will have to access the World Wide Web either directly or through devices that access web based content.
  • 2. You will have to maintain computer hardware and software for accessing and using the Services provided under this Agreement.
  • 3. You will use Akmin's software service applications in a manner for business which is permitted in law and contract.
  • 4. You will not use SAAS provided under this Agreement for any illegal activities.
  • 5. You will avail the use of our SAAS applications on the strict conditions that you will adhere to our terms of usage as set out herein.
  • 6. You are not allowed to engage, sell or host any sites of a pornographic nature or of a Hate/Terror nature.
  • 7. You are not allowed to send any form of mass email either through our system or in any system that directs users to either your site or any sites built or managed by you.
  • 8. You may not market or promote Akmin in a manner that states or implies that Akmin is inferior or secondary to another service applications serving similar purpose.
• 3. RIGHTS & RESTRICTIONS
  • 3.1. Subject to the terms and conditions of this Agreement, Akmin hereby grants to you, a non-exclusive and non-transferable license, during the term of your contract, to access and use the SaaS Services via the Internet.
  • 3.2. Without limiting the generality of the foregoing, you will use the Licensed Software only for purposes set forth herein, and, further, you expressly agree that you DO NOT have rights to:
    • (a) own title, or transfer title of the Licensed Software to another party;
    • (b) distribute, or sublicense or otherwise provide copies or any rights in relation to the Licensed Software to any third party;
    • (c) pledge, hypothecate, alienate or otherwise encumber the Licensed Software to any third party;
    • (d) use the Licensed Software to rent, lease or otherwise provide location-enabled telecommunication or information services provided to you, including, without limitation, data processing, hosting, outsourcing, service bureau or online application services (ASP) offerings; or
    • (e) modify, enhance, reverse-engineer, decompile, disassemble or create substantially derive forms of the Licensed Software.
  • 3.3. We will have the right to inspect and enforce the restrictions and covenants contained in this Agreement at your sole expense, and you hereby agree to promptly notify us of any known violations of such restrictions.
  • 3.4. Upon execution of this Agreement, we will provide you with ongoing updates to the Licensed Software as we consider needed. In each such case, we will automatically provide and install the necessary updates and will notify you when the update has been installed.
  • 3.5. You are entirely responsible for all content that you upload, post, transmit, or otherwise make available to the end-user via the Service. By submitting content to Akmin, you are granting Akmin a world-wide, royalty-free, and non-exclusive license under your Copyrights and other intellectual property rights, if any, in all material and content displayed in your web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Akmin property. Without prejudice, Akmin shall also have the right to remove any Content that violates the Agreement Terms or is illegal, or is otherwise objectionable as determined at Akmin's sole discretion.
  • 3.6. If You have previously registered a domain name with another provider and want to use it with Akmin's Service, You must request that the existing registrar change the name servers for the domain name as designated by Akmin, on Your behalf.
• 4. INTELLECTUAL PROPERTY RIGHTS

  All right, title, and interest in and to the SaaS Services, Confidential Information, including, without limitation, all modifications, enhancements, and Intellectual Property Rights thereto, shall belong solely to Akmin.

• 5. SaaS CUSTOMIZATION

  You hereby acknowledge that the SaaS is provided "as is" and "as delivered" basis and cannot be construed as being able to be customized or modified in any way. You assume all responsibility to review all features included in the SaaS prior to signing this agreement.

• 6. TERMS OF PAYMENT
  • (i) All fees for subscriptions to the SaaS Digital marketing suites will be displayed on the website. You are obliged to pay the applicable Subscription fee, if you are to have an access to all or any of the products listed under SaaS Digital marketing suites.
  • (ii) The subscription fees will be inclusive of GST and other statutory levies as applicable.
  • (iii) Invoice for the subscription fee will be sent online and payment of the same will have to be in one of the prescribed modes either by an online remittance.
  • (iv) Subscription paid for usage is not refundable.
• 7. WARRANTY

  Akmin warrants during the term of your contract that the SaaS Services will be free of material defects and will function in substantial conformance to its documentation provided to you, which provision may be through this Website, and which documentation sets out a description of the SaaS Services and the instructions for use of the SaaS Services. Akmin DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS PERFORMED BY THE SAAS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SaaS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SaaS SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND AKMIN DISCLAIMS ANY AND ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AKMIN KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE). TO THE EXTENT PERMITTED BY APPLICABLE LAW, AKMIN FURTHER DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AKMIN OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF AKMIN'S OBLIGATIONS HEREUNDER.

• 8. INDEMNIFICATION

  You shall indemnify and hold Akmin harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Akmin directly or indirectly arising from or in connection with your marketing or Support Services of the product or Services or the unauthorized representation of the product and Services or any breach of this Agreement by you.

• 9. LIMITATION OF LIABILITY

  EXCEPT WITH REGARD TO INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO OR OCCASIONED BY THIRD PARTIES DUE TO ANY OF THE SERVICES OF SOFTWARE AVAILED BY YOU IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE CAUSE OF ACTION OR THE FORM OF ACTION.BEYONG PERMITTING A LEGAL USE OF THE SOFTWARE, AKMIN IS NOT PRIVY TO ANY OF YOUR ACITIVITES OR CONTRACTUAL ENAGAGEMENTS.

• 10. BREACH OF TERMS OF USAGE,TERMINATION& CONCLUSION

  Akmin may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events:

  • Using the SAAS not in accordance with this agreement,
  • (2) On failure to comply with any provisions of the Agreement upon receipt of written notice from Akmin of said failure, or
  • (3) upon mutual agreement in writing by Akmin and you.

  Upon expiration or termination of your contract, the rights and licenses granted hereunder will automatically terminate, and you may not continue to use the SaaS Services.

• 11. UPGRADES

  The SaaS Services include all maintenance and upgrades as and when Akmin deems necessary. Each of Akmin's releases may incorporate major new features or enhancements that increase the core functionality of the SaaS Services.

• 12. CONFIDENTIALITY

  Each party ('Disclosing Party') may disclose to the other party ('Receiving Party') certain information relating to such party's business, including, without limitation, technical, marketing, financial, personnel, planning, and other information that is marked confidential, or which the Receiving Party should reasonably know to be confidential given the nature of the information and the circumstance of disclosure ('Confidential Information'). The Receiving Party agrees that it will not disclose Disclosing Party's Confidential Information except (i) to the employees, contractors, advisors, or agents of the Receiving Party to the extent that they need to know that Confidential Information for the purpose of performing such party's obligations under your contract, and who are bound by confidentiality terms; or (ii) as required to be disclosed by law, to the extent required to comply with that legal obligation, provided that the Receiving Party will promptly notify the Disclosing Party of such obligation, unless otherwise prohibited by such law or legal obligation.

• 13. TERM

  The term of the Agreement is based on the type of service desired by you and shall be determined solely by Akmin.
  Usage of software applications will be offered with monthly or annual plans as set out herein.

• 14. MISCELLANEOUS
  • 14.1. Force Majeure. Notwithstanding anything herein to the contrary, we shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.
  • 14.2. Relationship of the Parties. This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture. Except as expressly provided in this Agreement, neither we nor you will have any power or authority to act in the name or on behalf of the other party, or to bind the other party to any legal agreement.
  • 14.3. Severability. The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
  • 14.4. Notices. All notices required or permitted hereunder shall be in writing and in English language and shall be sent by e-mail (with confirmed receipt) addressed to the address of each Party or to such other address as such other Party shall have communicated to the other Party. Notice shall be deemed to have been served when received. You are responsible for maintaining a valid e-mail address on file with Akmin for so long as you avail yourself of any services.
  • 14.5. Governing Law. You agree that this Agreement and any contractual obligation between Akmin and you will be governed by the laws of India. The courts at Chennai only shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Services or the information to which it gives access.
  • 14.6. Modification. We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. Notwithstanding the preceding sentence, no modifications to this Agreement will apply to any dispute between you and Akmin that arose prior to the date of such modification. The latest version of these terms will be posted on the Website, and you should review these Terms prior to purchasing any SaaS product or services that are available through this Website. Your continued use of this Website and the SaaS Services after a posted change in these terms will constitute your acceptance of and agreement to such changes.