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K12-ERP TERMS OF SERVICE

Last Revised: February 6, 2016

Welcome to K12-ERP.com!

Thanks for using our product and services (“Services”). The Services are provided by Diksha Online Software Private Limited, a company registered under the provision of the Companies Act, 1956 and having its registered office at L 1/3, First Floor, S.K. Puri, Boring Road Patna 800001.

By using or accessing the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms of Service (“TOS). No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to Diksha Online or its employees, representatives or agents in relation to the Service shall be applicable to or binding on Diksha Online Software Private Limited.

PLEASE READ THESE TERMS CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This TOS is a legal agreement between you (Herein referred to as “client” or “user” or “you”, or “school”) and Diksha Online Software Private Limited (Herein referred to as “Diksha Online” or “our” or “company” or “we”), and is made effective as of the date of electronic acceptance of the K12-ERP Services by you. You must agree with all of the terms and conditions contained in this TOS. Your electronic Sign-up of the Service or use of the Service signifies that you have read, understand, acknowledge and agree to be bound by this TOS. We may, in our sole and absolute discretion, change or modify this TOS, and any policies or terms which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this TOS as last revised. If you do not agree to be bound by the TOS as last revised, do not continue to use this Site or the Services.

SERVICE TERMS

  1. Diksha Online reserves the right to update, confiscate and change any features that supplement or enhance the current Service, including the release of new tools and resources. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms of the Service will result in the termination of your K12-ERP Account. You understand and agree to use the Service at your own risk. Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access.
  2. If website is offered for your school in this Service it includes one (1) Simple website design template, one (1) round of revisions (not to include new content), and no Update Minutes. Update Minutes available for purchase.
  3. Website Hosting and Domain Name provided under this Service is not transferable and it cannot be migrated to other service providers.
  4. We do not provide FTP Username and password.
  5. All Services, including any free products or services included in your plan, must be associated with a specific website or web portal at the time of purchase and are not transferable to other accounts.
  6. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Service. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products, websites or services included in your plan, without refund or credit.

ACCOUNT TERMS

  1. You must represent a school in order to qualify for the use of K12-ERP Services.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide true, accurate, current and complete information about yourself in order to complete the signup process in order to use the Service.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  5. You are responsible for maintaining the security of your account and password. You are also solely responsible for the activity that occurs under your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.
  6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

IDENTITY VERIFICATION

You authorize Diksha Online, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation to take steps to confirm your ownership and identity.

PAYMENT TERMS

  1. The Service is billed in advance on yearly basis. There will be no refunds or credits for partial months of Service or refunds for months unused with an open account.
  2. For subscribers choosing to pay by credit/debit card, subscription fees for renewal may be charged to the credit/debit card on record unless Diksha Online is notified of a change or cancellation in writing using the tools or means made available by Diksha Online.
  3. Payments are nonrefundable and nontransferable in any case.
  4. Calculation of how much you are billed is based on the number of students enrolled in the K12-ERP Service but not below the minimum quantity set by the company. Students whose records have been marked in the system as having left the school or as having been deleted do not count towards the student total.
  5. You acknowledge that the subscription charges billed each billing period may vary and you authorize us to charge your Payment Method for such varying amounts. We may change the subscription fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail.
  6. All invoices are payable in full on or before due date of the invoice.
  7. All bills are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  8. If we do not receive payment by the due date, the system will automatically lock-out your account. Users under the locked account will not be able to log-in until the outstanding payment is received in full. If the full outstanding payment is not received within 15 days after the due date, then your account and all data contained within will be deleted.
  9. For any change in the price you will automatically be billed the new rate on your next billing cycle.
  10. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Diksha Online does not accept any liability for such loss.
  11. All Cheques/Bank Transfers are to be made in favor of Diksha Online Software Private Limited payable at Patna (Bihar).

ONGOING SUBSCRIPTION

Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to your Payment Method. We will bill the subscription fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.

CANCELLATION

  1. You are solely responsible for properly cancelling your account, which can be done via email or a written request to Diksha Online to cancel the Service Account.
  2. Your cancelation of Service will result in termination of any outstanding or pending Services, including any free products, websites, web portals or other services included in your plan, without refund or credit.
  3. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
  4. If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately without any refund and you will not be charged again for the next coming year.
  5. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of your account or Service cancellation.
  6. If at any time you breach the terms of the Service, we may elect to suspend, terminate and/or cancel this Agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. Diksha Online, in its sole discretion, reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide any of our Services in a way that may be hindered by your status as being our client/user or other valid reasons to do so.

TERMINATION

You agree that Diksha Online, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Diksha Online believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Diksha Online may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Diksha Online may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Diksha Online shall not be liable to you or any third-party for any termination of your access to the Service.

SERVICE SUBSCRIPTION RENEWALS

  1. Renewal of Service is done on yearly basis and it is the sole responsibility of the client to renew the Service before expiry.
  2. Once the Service subscription is expired all the data and back up will be deleted from our server within 15 days of expiry and user cannot claim any right for the same.

MODIFICATIONS TO THE SERVICE

Diksha Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

MODIFICATIONS TO THE PRICES

  1. Price of the Service and current charges are subject to change from time to time upon prior notice to school. Such notice may be provided by email or by posting the changes to our site and school will automatically charged new price in next billing cycle.
  2. Diksha Online shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

PERMISSION AND COPYRIGHT

This agreement shall be regarded as a guarantee by the school to Diksha Online that all permissions and authorities have been obtained in respect to the use of school’s registered logos, graphic images, names and trademarks or any other supplied material in the Service. Diksha Online cannot be held liable for any information, copy, or images that have not been secured legally and that may result in copyright infringement.

COPYRIGHT AND CONTENT OWNERSHIP

  1. We claim no intellectual property rights over the material you provide to us. Your profile and materials uploaded remain yours.
  2. Diksha Online does not pre-screen content, but we and our designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  3. The design, content, software, scripts, source code, API, graphics, photos, visual design elements, features and technology of this site and Service are copyright of Diksha Online. All rights reserved. You may not duplicate, copy, distributed, modified, reuse or re-license any portion of the site or Service without express written permission from Diksha Online.

AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms of this Agreement, we shall use commercially reasonable efforts to attempt to provide this site and the Services on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this Site and Service may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

FREE PRODUCT/SERVICE CREDITS

In the event you are provided with a free product or service credit (“Credit”) with the purchase of this Service (“Purchased Service”), you acknowledge and agree that such Credit is only valid for one year and is only available with a valid purchase and may be terminated in the event the product purchases is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Service if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial free one year period, the free product will automatically renew at the then current renewal price until cancelled.

LIABILITY

You expressly understand and agree that Diksha Online Software Private Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Diksha Online has been advised for the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party involved in the Service or any other matter relating to the Service. (v) loss arising out of use of our third party vendors, hosting partners and Internet Payment Gateway service providers. (vi) In any case Diksha Online and its suppliers, distributors, executives and directors for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

DIKSHA ONLINE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Diksha Online, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Diksha Online grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Diksha Online for use in accessing the Service.

DESIGN CREDIT

link to Diksha Online as the site creator will appear in small print at the bottom of each page of the website designed by Diksha Online.

PUBLICITY

  1. The school irrevocably authorizes Diksha Online to include the school's name and logo in any directory or promotional materials.
  2. The school hereby agrees, undertakes and covenants to prominently display and maintain the promotional material of Diksha Online as supplied by the Diksha Online from time to time.

IMPOSSIBILITY OF PERFORMANCE

Diksha Online Software Private Limited cannot guarantee the absence of Service due to interruptions caused by circumstances beyond its control including but not limited to telecommunications problems, server down time, vandalism, hacking, theft, phone Service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of "ACTS OF GOD" or force majeure.

DEALING WITH THIRD PARTIES

You understand that Diksha Online uses the services of third party vendors, hosting partners, SMS Providers, and Internet Payment Gateway Providers to provide the necessary hardware, software, storage, SMS and online payment processing services enabling receipt of payment through a credit/debit card or other methods on internet and other technology required to run the Service. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.

LINKS TO OTHER WEBSITE

Our website may contain links to other Internet websites. These hyper links, if any, are at user’s own risk. The contents of these sites are not verified or endorsed by Diksha Online in any way. Diksha Online makes no warranty or representation that the contents of such websites are error-free and correct. However, once you have used these links to leave our site, you should note that we do not have any control over that website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to that website.

SMS UNDERTAKING

  1. You declare that you are aware of and well conversant with the “Telecom Commercial Communications Customer Preference Regulations 2010” issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication (“UCC Regulations”)
  2. You also declare that you are fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions, and take complete responsibility for any NDNC complaint received from your Opt-In user base leaving Diksha Online, its directors, officers and employees harmless. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is up to Rs.2,50,000 INR
  3. That you undertake to abide by the said UCC Regulations by making your school liable for any breach of the UCC Regulations by your school and/or any person acting on behalf of the school for any punitive action for violation of the said UCC Regulations.
  4. The messages intend to be send should be “Clean, Harmless and Transactional” in nature and sent only to your Opt-in list of subscribers. You agree to provide us with authorized documents regarding the Opt-In details in case of NDNC complaint arises within the stipulated time frame not exceeding 2 working days.
  5. You undertake to indemnify and always keep indemnified Diksha Online Software Private Limited, its directors, officers and employees for any loss or damage suffered by them on account of any breach or violation of the UCC Regulations by your school, its directors, employees, agents, sub-agents, and/or any person acting on behalf of the school.
  6. In any case if you fail to reach to the removal of the complaint within 2 working days, you will compensate for any financial loss which Diksha Online Software Private Limited may have incurred.

INDEMNIFICATION

You agree to defend, indemnify and hold Diksha Online, its directors, employee, executives, partners and affiliates harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of Diksha Online services. You also undertake to indemnify for any claims, demands, actions, suits, proceedings, liabilities, losses, costs, legal fees or damages of any kind, asserted against Diksha Online on account of:

  1. The negligence or willful misconduct of school or its employees or agents;
  2. A breach of an obligation of school to Diksha Online under this Agreement;
  3. Any loss or liability arising to Diksha Online from the school's use of the Service.

TERMS OF PAYMENT GATEWAY SERVICES

As we do not provide Payment Gateway services, you declare and accord your consent to enter into an agreement with Payment Gateway Service Providers for availing of payment processing services on terms and conditions as may be specified in the agreement to be executed by these Payment Gateway Service Providers. You consent and agree to comply with the guidelines, instruction, request, etc made by the Payment Gateway Providers from time to time. You further acknowledge that Diksha Online Software Private Limited, its directors, executives, officers and employees does not take any liability for any loss or damage, if any, suffered by school on account of use of Payment Gateway services as these services are of third party and are available to school’s own risk. It is hereby agreed and acknowledged by the school that In case of any dispute regarding online payment of school fee, parents will have to contact their respective school authorities for any refund of school fee. No refund from Diksha Online is permissible under any circumstances. School shall (a) maintain a fair refund, cancellation or adjustment policy regarding school fee; (b) disclose its return or cancellation policy of school fee to parents.

CONTRACTUAL TERMS

  1. If any provision of this Agreement is, or proves to be or becomes illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected thereby.
  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site and Service, use of the Service, or access to the Service without the express written permission by Diksha Online.
  3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Diksha Online customer, employee, member, director, executive or officer will result in immediate account termination.
  4. This agreement shall be governed by the rules and regulations of the authorities of the government of India and the parties hereto submit to the exclusive jurisdiction of the Patna courts only.

GENERAL TERMS

  1. Your use of the Service is at your sole risk. The Service is provided on “as available” basis.
  2. Support is only provided to paying account holders and is only available via email.
  3. You accept and acknowledge that Diksha Online is not at all responsible for any false data stored in the database because the data to be stored in the database is being provided by the school.
  4. School will be responsible regarding correctness and validity of the data.
  5. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Diksha Online), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  8. Diksha Online does not warrant that (I) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  9. You undertake not to use the Service in any manner, or in furtherance of any activity, which constitutes a violation of any law or regulation or which may result in fraud on any person or which may cause Diksha Online to be subject to investigation, prosecution or legal action.