Software Applications

In consideration of the tasks being performed during the term of the software maintenance agreement, the Software Owner has agreed to pay the Service Provider all sums listed in the table below.

Any additional costs should be submitted in writing to the Software owner prior to agreeing to said costs.

Any travel expenses should be submitted in writing to the Software Owner and are subject to their approval.

The payment has to be made on the 1st Day of Every Month.

If at any time payment is not received for any terms not agreed on between the parties, it shall constitute a breach of contract and will be grounds for termination of this software maintenance agreement. With any dues payable by the Software Owner.

Minimum Software Maintenance Contract is 1 Year (minimum)and automatically renewable unless stated otherwise.

Maintenance only pertains to maintaining the current modules with no addition of new features or fixing any module. The maintenance only pertains to maintaining the current software state with updates.

Source Code Ownership & Source Code Escrow (Web products and Software)

The source code unless stated otherwise (under a contract) belongs to TopCubit IT Services Private Limited, India. The intellectual and Copyright remain with the “Author” “Developer”. The delivery of the “Source Code” will be an exclusive decision of TopCubit’s management and could be delivered to the customer on agreed conditions laid in the contract on paying off the additional fee.

Delivering the source code of an e-commerce portal with PCI Compliance requires an express undertaking from the Business Owner (As it stores the customer’s card information). Also, source code delivery attract a fee of 40% of the total project cost.

Material Costs and Expenses

In addition to the fees above, the Software Owner will be responsible for any and all costs and fees associated directly with the Software included in this software maintenance agreement including

  • Licenses (Android & iOS)
  • Any modifications or additions in the software
  • Data Disaster Recovery and User Database Back-Up
  • Application hosting

General Warranty

The Service Provider agrees to complete all projects and maintenance assigned in a professional manner.

All work conducted will fall under standards set by the region in which the work is being performed.

The Service Provider will not be held responsible for any acts occurring from the Software Owner or any affiliates in relation to the Software Owner.

Digital Marketing Services

Minimum contract period for all the digital marketing products is 12 Months.

Office 365 Products

Minimum lock-in period for all 365 products and services is 3 years from the date of commencement.

No upgrades will be entertained on single user accounts on the company domains which have more than 10 users. For company domains having more than 10 email accounts the upgrade packages will be applied to minimum 10 user accounts.

Support and Maintenance is chargeable. There are 2 tier support packages available, more information can be availed by writing to us at support@topcubit.com

In case of early termination, the early termination fee has to be paid by the customer which could be less than or equal to 6 months subscription or the entire contractual period.

High Priority support package can be opted by calling us at +1-224-293-4429 (USA) +91-120-2400-507

Web Products

Any website which is not explicitly mentioned as the owner’s property and is not paid to own will remain the property of TopCubit.  Whereas TopCubit will retrieve the source code price from the customer while charging them yearly or monthly hosting and maintenance with a minimum lock-in period of 5 Years, in case customer wants to get the source code or want to transfer the domain or website to other provider they will be liable to pay for the remaining months on the contract and any additional fee applicable.

Hosting

Domain and Hosting are chargeable every month or yearly.

Have questions about what products and services are eligible for a refund? We’ve got your answers below!

Here are our Standard Terms for products and services eligible for a refund:

  • You may request a full refund within 45 days of purchase for all products.

    NOTE: Annual renewals during or after one-month free trials are eligible for refunds for only 15 days from the end of the free trial, i.e. 45 days from the beginning of the free trial.

  • You may request a refund within 48 hours of purchase for monthly products.
  • After 45 days, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be prorated based on the date of purchase.
  • In no event will you be eligible for more than one refund for the same product.
  • A product must be cancelled before we can issue a refund.
  • All refund requests must include the reason you are asking for a refund and whether you want an In-store Credit.
  • In the event your purchased product includes a free domain name, if you cancel the purchased product, the standard price for the domain name will be deducted from the refund amount.

 

In case of any concerns, feel free to write to us at info@topcubit.com

 

AS USED HEREIN, THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

You are strictly prohibited from unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.

You acknowledge that we may disclose and transfer any information that you provide through this Website to (i) any company within the TopCubit IT Services Private Limited (“TopCubit”), its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers.

Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session.

Copyright notices

The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by TopCubit IT Services Private Limited (“TopCubit”) or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner’s proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademark notices

“TopCubit,” “TopCubit IT Services,” “TCIS,” the TopCubit logo and the Circular Symbol are trademarks of TopCubit IT Services Private Limited (“TopCubit”). Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners in the India and/or other countries.

Website content and materials

The information on this Website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website. The information on this Website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

 

Potential Disruption of Service

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this Website. Access to this Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. TopCubit will not be liable for any such loss.

Links to other sites

Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this Website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from this Website so it is important to read the policies of those sites before sharing your personal information.

Legal entity disclosure

TopCubit is the marketing name for TopCubit IT Services Private Limited, India and its subsidiaries and affiliates worldwide.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE;
  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with TopCubit IT Services Private Limited. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of UP, India.

Any action against TopCubit arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions must be brought by you in state or federal court located in the State of Uttar Pradesh, City of Noida. You consent to the jurisdiction and venue of the state and federal courts located within the State of Uttar Pradesh, City of Noida, India, for the adjudication of all claims by TopCubit against you arising from or relating to your access to and use of the Website and the provisions of these Terms and Conditions.