FinnSys - Terms of Use

TERMS & CONDITIONS

Congratulations for buying the licence of FINNSYS- A Mutual Fund Software. FINNSYS is the intellectual property of ARM Fintech Consultants (P) Ltd which holds full right to issue, cancel and renew the usage licences to the users. Buyers of this licence are bound by the following terms and conditions. For the purposes of these terms and conditions, "this software" refers to FINNSYS and, "this company" refers to ARM Fintech Consultants (P) Ltd

1. The sale of usage licence of FINNSYS gives no ownership right to the user; it only gives right to use the software through its different log-in panels- Admin, Client and Sub-brokers/Relationship Managers etc.

2. The software licence is sold with one time upfront fees and will expire on 365th day. Company will charge annual maintenance charge for renewal of software (INR 6100 + Service Tax for Silver package, INR 7100 + Service Tax for Gold Package, INR 8100 + Service Tax for Platinum Package) per year as per your package cost. Company may change the Annual Maintenance Fees from time to time, but the rise will not be higher than 10% of the previous year rate. All such changes will be intimated to the users at least one month advance.

3. The company is not accountable for any cash amount paid by users, without the Head Office receipt. None of our vendors are authorised for collecting cash against the upfront fees or Renewal fees for this software

4. The licence for usage is not transferable from one server to another. In case of actual change in server, users have to provide the valid proofs to get free of cost movement.

5. The software in its full form is installed in the user's web hosting. The web hosting may be chosen by the user or may be recommended by ARM Fintech Consultants (P) Ltd. In either of the case, ARM Fintech Consultants (P) Ltd is not responsible for any error in the software, erupted due to any problem in the web hosting environment. ARM Fintech Consultants (P) Ltd does not claim responsibility for any technical distruptions that the user(s) may face due to the hardware / software failures on the web hosting.

Rectification in such events will be charged as per the company decision and pricing model.

6. FINNSYS is web based software and all its components are installed on user's server. User is solely responsible for safety of data, server password etc of their server.

7. Users are advised to check the free demo version before making the final purchase of the licence, as there will be no refund of fees after sale of licence.

8. FINNSYS comes with exhaustive help section for the user; however the company have created various learning tools also in form of slides. As a part of our services we are committed towards best of training to the user at no extra cost. However there is no binding of site visits or one to one training sessions for the users.

9. This software needs some minimum space in your database for proper functioning; it's solely the user's responsibility to maintain the proper database size on the server. We are not responsible for any disfunctioning in the software due to lack of proper space in your web server.

10. The software is uniquely coded to work on each server. Any attempt to make changes in these codes will result in cancellation of licence along with other penalties as per the book of law.

11. Under these Terms of Usage, the Licensee (You) are bound under the court of Law that you will not copy, resale, modify this software under any circumstances. Failing to adhere to these terms will result in criminal action against the Licensee under the Copyright Infringement and the Intellectual Property Laws of India. Users are made aware through this Terms of Service that the Company has made necessary arrangements in the software itself to check any unauthorized usage.

12. Company is accepting request and demand for customisations, modifications and additions required in the software to suit User's business model. Company will charge as per the agreed rate for any such customisation job.

13. Company will not be responsible for errors or problems arisen in the software due to users own vendors or customisation sources, like- web host, ISP providers etc.

14. The software uses data returned by the R&T’s (Registrar and Transfer agents) for each user directly. The company is not liable for any discrepancy in the data received from R&T’s end.

INDEMNITY

a) User(s) hereby undertakes and agrees to indemnify at all times and hold harmless ARM Fintech Consultants Pvt Ltd., from and against all actions, proceedings, claims, liabilities including statutory liability), penalties, demands and costs, awards, damages, losses and/or expenses however arising directly or indirectly, by the use of FinnSys.

b) User(s) shall also fully indemnify and hold harmless ARM Fintech Consultants Pvt Ltd. against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by User's customers, investors, sub-brokers, employees, or any other third party.

c) Though ARM Fintech Consultants Pvt Ltd. has taken due diligence and proper testing of FinnSys in evaluating the transactions returned by the RTAs to generate MIS output, however ARM Fintech Consultants Pvt Ltd. does not provide any warranties/guarantees of the accuracy of reports generated using FinnSys. The User(s) hereby indemnify ARM Fintech Consultants Pvt Ltd. from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/or expenses however arising directly or indirectly, from the use of these reports or any other
tool provided in FinnSys.

NO CONSEQUENTIAL DAMAGES

Without prejudice to any other provisions of these Terms & Conditions, ARM Fintech Consultants Pvt Ltd. shall not be liable to the User(s) for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the FinnSys software and services, including without limitation any: -

a.) Loss of data;
b.) Any consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated savings arising out of the performance/accuracy of FinnSys or otherwise.

Changes in Terms & Conditions

The company may change the terms and conditions and disclaimer set out above from time to time; however any such changes will be intimated to existing users within one month of such change. By buying this software, you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check it properly at the time of purchase of your licence.

Jurisdiction

These terms and conditions are governed by and to be interpreted in accordance with relevant Indian laws, both substantive and procedural. In the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the website whether in contract or tort or otherwise the Indian courts at New Delhi will have exclusive jurisdiction over such dispute.

FinnSys © Copyright 2011,A product by ARM Fintech (P) Ltd