Tally on Cloud Subscription Service Agreement
Agreement between You and Nandini Infosystems
This legally binding agreement (“Agreement”) is hereby entered into between you, individually or on behalf of the entity you represent, hereinafter referred to as “You” or “Your,” and Nandini Infosystems, hereinafter referred to as “Nandini,” governing your subscription and use of Nandini’s Tally on Cloud service, hereinafter referred to as “the Service.”
Sections of this Agreement:
This Agreement comprises the following sections: “General Terms” and any “Service Specific Terms” applicable to individual Service components. In the event of any conflict between the General Terms and the Service Specific Terms, the latter shall take precedence.
- Acceptance of the Agreement
To subscribe to this Service, you must be of legal age and capable of entering into a binding agreement. Should You disagree with the General Terms, refrain from subscribing to or using the Service. If You accept the General Terms but not the Service Specific Terms, You must abstain from utilising the specific component of the Service in question. You may express Your acceptance of this Agreement by selecting a checkbox, clicking a button indicating acceptance, or by actively using the Service. - Description of Service
Nandini Infosystems offers the Tally on Cloud service, which provides access to Tally accounting software hosted in the cloud, along with associated offline software collectively referred to as “the Service” or “Services.” You may employ the Service for personal or business purposes, including internal organisational use. Access to the Service is facilitated through any Internet browser supported by the Service. You are responsible for acquiring internet access and the necessary equipment to use the Service. With a user account, you can create, edit, publish, and share content. - Free Trial
If you register for a free trial of the Service, Nandini will provide access to the Service on a trial basis free of cost. This is for use of only Tally in educational mode and for a short period of time of 4-5 days only. Data entered during the free trial is not backed up or retained so it may be lost at the end of the trial period. Services provided during the free trial are offered “as-is,” without warranty, to the extent permitted by law. After the expiry of the trial, the customer shall make payment to continue services. Upon failing to pay after trial, they shall download their data locally, before expiry. Once expired, the customer or Nandini cannot obtain data without making payment. - User Sign-In Obligations
To access and use the Service, you must subscribe and provide all necessary information. If Your organization plans to use the Service for corporate internal use, it is advisable for all users, including those from your organization, to subscribe using corporate contact information. You agree to provide accurate and up-to-date information and promptly update it when necessary. Supplying false or incomplete information may result in the termination of Your subscription and access to the Service. - Internet Connectivity & Device Configuration
Customers/Users shall have a stable internet connection with them to access cloud services. Nandini is not liable to support customers, in case of cloud issues being generated due to the customer’s internet connectivity. Users connecting to the cloud shall have enough local resources to run cloud services. - Restrictions on Use
In addition to other terms and conditions in this Agreement, You shall not:
- Transfer the Service to any third party.
- Offer services based on the Service without prior written permission.
- Share user licenses except through reassignment to new users.
- Attempt to disassemble, reverse engineer, or decompile the Service.
- Utilize third-party links or content without accepting their terms and conditions.
- Attempt unauthorized access to the Service or related systems.
- Employ the Service to send or store malicious content.
- Use the Service in a manner that disrupts systems or networks.
- Host, display, upload, or share information without consent.
- Violate any applicable laws.
- Use the Service in a manner that threatens India’s integrity, security, or public order.
- Create false identities.
- Transmit false or misleading information.
- Third-Party Applications
The Service may integrate with third-party applications. The use of Third-Party Applications may necessitate acceptance of their terms of service and privacy policies. Nandini is not liable for any Third- third-party applications and may suspend or remove them without notice. Tally TDLs and 3rd party add-ons also come under 3rd party and are not a default feature. This may impact cloud operations and Nandini shall not be liable for issues being generated due to such add-ons. - Fees, Payments & Renewals
The Service is available through various subscription plans. Payments for subscriptions can be made by Payment Gateway. Subscription fees will be automatically charged at the end of each subscription period. You may update payment details upon renewal. Nandini reserves the right to change prices or charge for previously free Services. The Fee/Price will change only with a minimum of 7 days notice period. Taxes may be invoiced separately. Nandini will send renewal reminders before expiry. In case, the customer does not make payment before the expiry date, subscription services will be automatically paused. Customers can make online payments and renew their services, within a certain period of expiry. After this certain period, the customer’s account and data will be automatically deleted. - Organization Accounts and Administrators
If you create an organization account, you may designate administrators with specific rights and responsibilities. Administrators may configure and manage the Service. You are responsible for maintaining confidentiality, appointing competent administrators, and complying with this Agreement. - Personal Information and Privacy
Personal information provided to Nandini is governed by the Nandini Privacy Policy. You are responsible for safeguarding your account’s confidentiality and reporting unauthorised use. - Communications from Nandini
The Service may include communications from Nandini, such as service announcements and newsletters. You may opt out of newsletter subscriptions. Service announcements are mandatory as they are for your data’s safety and security. - Dispute Resolution and Feedback
In the event of any dispute or feedback related to our services or this Agreement, we encourage you to contact us at [email protected]. We are committed to addressing your concerns promptly and effectively. Both parties will try to resolve the dispute amicably in such scenarios. - Inactive User Accounts Policy
In case a subscription is expired, Nandini reserves the right to terminate inactive user accounts after 30 days. Notice will be provided, and data may be deleted. - Hosting Location
The location of cloud facilities is at DC10G Data Centre, Sector 63, Noida, Uttar Pradesh, India. Masking your IP address may result in account actions. In case Nandini has to relocate the hosting location, Nandini will provide the same level of Data Center. - Data Ownership
You retain ownership of the content you create or store. Nandini has permission to access and use your content solely for providing the Service. - Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Nandini expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Nandini makes no warranty that the services will be uninterrupted, timely, secure, or error-free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Nandini, its employees or representatives shall create any warranty not expressly stated in the agreement. - Limitation of Liability
You agree that Nandini Infosystems (“Nandini”) shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the tally on cloud subscription service for offline accounting software, even if Nandini has been advised of the possibility of such damage. In no event shall Nandini’s entire liability to you in respect of the tally on cloud subscription service, whether direct or indirect, exceed ten thousand rupees or the pro rata fees remaining of your subscription giving rise to such liability, whichever is higher. - Indemnification
You agree to indemnify and hold harmless Nandini, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Tally on Cloud Subscription Service in violation of another party’s rights, in violation of any law, in violation of any provisions of this Agreement, or any other claim related to your use of the Tally on Cloud Subscription Service, except where such use is authorized by Nandini. - Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to these Terms shall be settled and adjudicated exclusively by the courts of Noida, Uttar Pradesh, India, in accordance with the laws of India, without regard to conflict of law principles. - Suspension and Termination
Nandini may suspend your user account or temporarily disable access to the Tally on Cloud Subscription Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to [email protected] within 30 days of being notified about the suspension. Nandini may terminate a suspended or disabled user account after 30 days. Nandini will also terminate your user account on your request. In addition, Nandini reserves the right to terminate your user account and deny the Tally on Cloud Subscription Service upon reasonable belief that you have violated this Agreement. You have the right to terminate your user account if Nandini breaches its obligations under this Agreement, and in such an event, you will be entitled to a prorated refund of any prepaid fees. Termination of the user account will include denial of access to all Tally on Cloud Subscription Service components, deletion of information in your user account such as your email address and password, and deletion of all data in your user account. - Refund and Cancellation Policy
a) Once products or services have been ordered, they cannot be cancelled. Products or services that have been sold will not be accepted back by Nandini Infosystems. However, we may, at our sole discretion, consider accepting the return of a product or service and grant a part or full refund in such circumstances. b) Refund Eligibility:
- Refunds will only be considered if the issue is determined to be from Nandini Infosystems’s side and not from the client’s system side.
To be eligible for a refund, the following conditions must be met:
- To request a refund, please contact our team at [email protected], providing detailed information about the issue.
- Our team will review your request and assess its eligibility for a refund.
- If your refund is approved, please note that it may take 90 working days for the refund to be processed and credited back to your original mode of payment.
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Changes to Refund Policy:
- Nandini Infosystems reserves the right to modify this Refund Policy at any time. Any changes will be posted on our website, and it is your responsibility to review this policy periodically.
- Modification of Terms of Service
Nandini may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If Nandini makes significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Tally on Cloud Subscription Service by providing Nandini notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with the use of the Tally on Cloud Subscription Service. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
- End of Terms of Service
If you have any questions or concerns regarding this agreement, please contact us at [email protected]