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Merchant user Agreement to use eCommfy PLATFORM

This Merchant User Agreement (“Agreement”) is between you, the user, together with any company or other business entity you are representing, if any (collectively, “Licensee”), M/s. Sarvika Technologies Pvt Ltd, a Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 29, Brijlalpura, Opp. J. K. Petrolpump, Gopalpura Bypass, JAIPUR 302019 hereinafter called “ STPL” and its product/s eCommfy (eCommerce Simplified). This Agreement comes into effect when you register for using eCommfy services or signing an application for utilizing services of eCommfy. By Registering or signing with eCommfy, You signify your absolute and unconditional consent to all the provisions of this agreement in their entirety. This agreement constitutes a legally binding agreement between Licensee and STPL. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to STPL. Notwithstanding anything contained in the foregoing, this Agreement will not bind STPL (eCommfy) unless you meet the eligibility criteria for entering into this Agreement as set forth in Section 2 of this Agreement. **Please carefully read Annexure 1 & Annexure 2 to understand key roles and responsibilities, scope of work, support and key terms of engagement with STPL** DEFINITIONS:The following terms shall have the meanings defined below when used in capital letters herein: ELIGIBILITY CRITERIA:The Services and Software license are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. STPL uses many techniques to verify the accuracy of the information you provide when you register on the eCommfy™ Site or through other means. If for any reason, STPL, in its sole discretion, believes such information to be incorrect, it reserves the right, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.

eCommfy (SOFTWARE), TRADEMARK OWNERSHIP AND eCommfy LICENSE

ADDITIONAL SOFTWARE AND SERVICES:Certain additional features that STPL may make available to Licensee may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”) Similarly, STPL may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions (“Additional Services”). Such software and services are subject to additional payments as required and are subject to Licensee’s consent to such terms and conditions associated with the use of additional software and services.

SERVICES

Upon activation of Licensee’s account and subject to the payment of applicable fees, Sarvika Technologies Pvt Ltd. will provide certain hosting, support and other miscellaneous Services for the Software licensed by Licensee under this Agreement and Licensee’s Store during the term of this Agreement as published on the eCommfy Site. Licensee’s Store shall be hosted on a Sarvika Technologies PVT Ltd server on which several merchants may share the resources and network capacity of that STPL Server. STORE DESIGN AND CUSTOMIZATION: At Licensee’s request, and subject to STPL’s acceptance of Licensee’s request and Licensee’s payment of applicable fees, STPL will itself provide, design and customization services for Licensee in accordance with STPL’s then current customization terms and conditions and customization costs. This service is not FREE of charge and is not included in the subscription fee packages. However, the merchant is free to use the tools provided in the admin area of eCommfy to design their store however they wish. DOMAIN NAME REGISTRATION:At Licensee’s request and subject to your agreement to applicable terms and conditions and the payment of applicable fees, STPL’s Additional Services may include acquisition and registration of a second-level domain name (“Domain Name”) for Your Store on Your behalf. You hereby appoint STPL and third parties who provide domain name registration services to STPL as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize STPL and third parties who provide domain name registration services to STPL To select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. STPL provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against Sarvika Technologies PVT Ltd. for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition, STPL reserves the right, in STPL’s sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you. CHANGES IN SERVICES:STPL reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to licensee. Licensee agree to receive administrative communications from STPL in regards to the Software, Services, Licensee’s account, policy changes and system updates.

LICENSEE’S STORE & CONTENT CONTROL

COVENANT

FEES, TAXES & AUDIT RIGHTS

PAYMENT TERMS:STPL will invoice Licensee and Licensee agrees to pay for CANCELLATION & REFUND POLICY (FEES & TAXES)Licensee agrees to pay to eCommfy the Fees in the amount, manner and at the times as agreed upon; Licensee are responsible for payment for its own license of eCommfy application as well as for the licenses sub-licensed to its merchants.

TAXES

DISCLAIMER OF WARRANTIES

STPL, its suppliers and service providers, provide the software, additional software, and services, on an “as is” basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement; and warranties arising from a course of dealing, usage or trade practice are excluded. STPL, its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. Licensee acknowledges and agrees that this section 7 is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different. 11.

LIMITATION OF LIABILITY

INDEMNITY

Licensee agree to indemnify and hold STPL, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Licensee’s breach of the User Agreement or the documents it incorporates by reference, or Licensee’s violation of any law or the rights of a third party.

CUSTOMER DATA, LICENSEE’S DATA & PRIVACY POLICY:

BREACH

Without limiting other remedies, STPL may limit Licensee’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Licensee’s account or Licensee’s Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to Licensee on failure of payment, breach of this agreement or any term incorporated by reference or failure to verify or authenticate any information provided by Licensee or if Sarvika Technologies PVT Ltd. Believes that Licensee’s actions may cause financial loss or legal liability for Licensee, Licensee’s Store customers, or STPL

SUSPENSION AND TERMINATION

SUSPENSION:At the discretion of STPL And for any reason set forth in this section (Section 15) of this Agreement, STPL May suspend Licensee’s account by deactivating any access by Licensee or by Licensee’s customers to any information contained on the STPL Servers related to Licensee’s account while maintaining the information and data related to Licensee’s account upon the STPL Servers. Suspension shall specifically include the disabling of Licensee’s Store and/or any access to information or data related to Licensee’s account. In the event of any such suspension Licensee will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 15.2- TERMINATION of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. Licensee will remain responsible for the payment of any such fees during any such period of suspension. TERMINATION:This Agreement and all of its terms shall remain in full force and effect until it is terminated in Accordance with the terms of this Agreement. This Agreement may be terminated either by STPL (a) as provided in this Agreement, (b) after a period of suspension as set forth in Section 15.1 – SUSPENSION of this Agreement, or (c) upon thirty (30) days written notice. Licensee may terminate this Agreement upon twenty-four hours’ notice by telephoning STPL’ designated customer support center. Licensee’s termination request may be recorded by Sarvika Technologies PVT Ltd. And will require Licensee’s username and password and verification code. In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and Licensee shall destroy all copies of the Software in Licensee’s possession, if any. Upon termination, there will be no refund provided to Licensee except as set forth in the Price Policy and all outstanding fees owed by Licensee shall become immediately due and payable. Termination shall not affect the rights of STPL to recover from Licensee losses, damages, indemnity, defines costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.

GENERAL

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. STPL’s failure to act with respect to a breach by Licensee or others does not waive STPL’s right to act with respect to subsequent or similar breaches.

PERMISSION TO USE

You may use the eCommfy for your business requirements only in accordance with the terms and conditions of this Agreement.

LIST OF RESTRICTED ITEMS

You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, STPL does not permit hosting of following items:

Annexure 1

Go Live Team Responsibilities and Scope of Work What is Go Live :Go Live is a 3 week training and support period granted to eCommfy customers once they have made an advance payment for an eCommfy Plan.

Who Is Go Live Expert

Go Live Expert

eCommfy Go Live Expert will not do the following things:

Training

Basic Training (75Mins)   Advanced Training (On-demand) – (75Mins)

Store Setup Checklist/Road Map

Project Stage Task Name Responsible
Initiation Demo Store Creation
Go Live Logo & Banners
Initiation Payment Gateway Registration & Activati
Go Live Product data sheet
Go Live Admin Panel training
Go Live Logo, Favicon & sold out image upload
Go Live Banners upload
Go Live Product data upload (Excel & Images)
Go Live Design change-Font color size, etc
Go Live Store setup + apps setup
Go Live Static page creation
Go Live Quality check
Live Quality check
Live Domain Pointing
Live Payment Gateway Integration
Live Social Media Integration
Live Google Analysis
Live Shipping activation
Post Live Order Management
Post Live Store Admin Management
Post Live Catalog Management
Post Live Bug Management
Post Live Market Place (Amazon) Integration

Factsheet:

Escalation Matrix:

Annexure 2: On going Support and SLAs

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Talk to us now and Book an Appointment for a Demo

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