Hours: Mon - Sat: 10.00 AM - 4.00 PM

Effective Date: [November 11, 2020]

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Sagar Tech (“the Company”) and the individual or entity (“Client” or “you”) utilizing our software, IT consulting, cloud services, and related products (“Services”).

 

1. Acceptance and Agreement Overview

 

By accessing, purchasing, or using any Services provided by Sagar Tech, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms, you must not use the Services.

 

2. Provision of Services and Service Level Agreement (SLA)

 

  • Service Description: The specific details, features, scope, and duration of the Services will be outlined in a separate Statement of Work (SOW), Service Agreement, or Subscription Plan.

  • SLA: For hosting, managed services, or mission-critical software, a specific Service Level Agreement (SLA) detailing guaranteed uptime, response times, and remedies for failures will apply, supplementing these Terms. In case of conflict, the SLA takes precedence regarding service availability and performance.

  • Changes: Sagar Tech reserves the right to modify or discontinue any Service with reasonable notice, except where governed by a fixed-term contract.

 

3. User Accounts and Security

 

  • Eligibility: You must be legally capable of entering into a contract to use the Services.

  • Account Credentials: You are solely responsible for maintaining the confidentiality and security of your account credentials (passwords, API keys, encryption keys) and for all activities that occur under your account. Sagar Tech shall not be liable for any loss or damage arising from your failure to comply with this security obligation.

  • Unauthorized Access: You must immediately notify Sagar Tech of any known or suspected unauthorized access to your account or any security vulnerability.

 

4. Fees, Billing, and Payment

 

  • Pricing: Fees for Services are set forth in the applicable SOW, Subscription Plan, or pricing page and are exclusive of taxes (unless otherwise stated).

  • Payment Terms: Fees are payable according to the agreed schedule (e.g., monthly, annually). Failure to pay invoices when due may result in the suspension or termination of Services, including access to stored data.

  • Subscription Renewal: Subscriptions are typically set to auto-renew unless you cancel prior to the renewal date. You authorize us to charge the applicable fees to your designated payment method upon renewal.

 

5. Intellectual Property and Licensing

 

  • Sagar Tech IP: All rights, title, and interest in and to the Services, including any software, documentation, trade secrets, trademarks, and methodologies, belong exclusively to Sagar Tech.

  • Client IP: Any data, content, software, or intellectual property owned by the Client prior to or independently created during the use of the Services remains the exclusive property of the Client.

  • License Grant (Software/SaaS): Sagar Tech grants you a limited, non-exclusive, non-transferable, revocable license to access and use the purchased Services solely for your internal business operations, subject to these Terms. You may not modify, adapt, reverse engineer, or redistribute the software.

 

6. Client Data and Responsibilities

 

  • Data Ownership: You retain full ownership of all data you transmit, store, or process using the Services (“Client Data”).

  • Data Lawfulness: You warrant that you have all necessary rights, licenses, and permissions to upload and process the Client Data using the Services, and that the data and its processing comply with all applicable laws and regulations (e.g., data protection and privacy laws).

  • Indemnification (Data): You agree to indemnify and hold Sagar Tech harmless against any claims, damages, or expenses arising out of any breach of the warranty regarding the lawfulness of the Client Data.

 

7. Warranties and Disclaimers

 

  • Limited Warranty (Consulting/Custom Development): We warrant that professional services will be performed in a professional manner in accordance with generally accepted industry standards.

  • Disclaimer (Software/SaaS): The Services are provided “AS IS” and “AS AVAILABLE.” Sagar Tech disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

 

8. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAGAR TECH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SAGAR TECH’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO SAGAR TECH FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

 

9. Termination

 

  • Termination for Cause: Either party may terminate these Terms and any related SOW immediately upon written notice if the other party materially breaches any provision of these Terms and fails to cure the breach within thirty (30) days of receiving notice.

  • Effect of Termination: Upon termination, all licenses granted to you cease immediately. You must cease all use of the Services. We will provide a reasonable wind-down period for data retrieval, subject to any outstanding payments.

 

10. Governing Law and Jurisdiction

 

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Insert the Country/Jurisdiction, e.g., India]. The parties agree that the courts located in [Insert the relevant city, e.g., Ahmedabad] shall have exclusive jurisdiction over any such dispute.

 

11. 📢 Notification and Communication Consent

 

By accepting these terms, you acknowledge and consent to receive notifications and promotional communications from us through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, or any other digital communication platforms.

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@sagartech.shop.