CitySite

Definitions

Subscriber means the customer who is named in the Customer Service Agreement Form and has duly signed it.
Company means CitySite.
Services mean access to the resume database and posting of jobs and/or any other product or service offered by the Company to the Subscriber.
Username means username provided by the Company to the Subscriber.
Password means the password designated to the specified username.
Third Party means any person other than the Subscriber who is not party to this arrangement/agreement.
Website/Network means the Company's portal website www.citysite.co.infor providing Services under this agreement.
Material Breach means violation of any terms & condition of the agreement by the Subscriber.
Tariff Plan refers to the details as mentioned in the rate card for products, services and packages introduced by the Company from time to time for providing the Services as a whole or in part for fixed and/or variable charges.

Provision of Services:

After the agreement is entered into by the Subscriber, at the request of the Subscriber, any designated person from Subscriber shall undergo training to use the Services provided by the Company in relation to the Services opted for by the Subscriber.
The subscriber is required to give KYC documents. In case the same is not provided, the account will be deactivated and no refund shall be made to the subscriber.
In case of the account being deactivated due to any technical only and not commercial reason whatsoever at the Company's end; it will credit the Extra hours of usage to the Subscriber's account. However, this option will not be applicable to deactivation of account for nonpayment or any reason beyond the scope of Company's technical team.
The Company would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the Subscriber due to the reasons beyond its control like corruption of data as a result of any causes or conditions that are beyond the Company's reasonable control including but not limited to acts of Government, acts of God, Govt. policies, tampering of data by third party like hackers, terrorism or by viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or Computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. In no event will the Company be liable for any such direct/indirect /consequential loss or damages, including loss of profit or loss of reputation/defamation, even if advised of the possibility thereof.
The Company reserves its right to reject any insertion or information/data provided by the Subscriber without assigning any reason whatsoever; either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid only for that particular vacancy, shall be refunded to the Subscriber on a pro-rata basis at the sole discretion of the Company except when such rejection is in due to inappropriateness of content , violation of any terms and conditions of this Agreement of usage by the Subscriber.
The Company has the right to make all necessary modifications/editing of the vacancy details in order to facilitate uploading.

Subscribers Obligation

All the creative for the package will be designed by the Company; however, all the content (logo, pictures, text, etc.) shall be provided by the Subscriber.
The Subscriber shall by action of signing this agreement issue an implicit & binding warranty to not use/circulate/forward any candidate(s) resume hosted on the Company's website to the candidate (s) current employer as mentioned by the person in his/her resume.
The information on the Company's website is for use by its Subscribers alone and does not authorize the Subscriber sell/distribute/circulate/forward the data and other information available in the website to any other person, Company and organization for commercial exploitation at the cost of Company.
The Subscriber shall keep in confidence any information received by the Subscriber under this agreement, irrespective of the business or the matters concerning the other and shall not disclose the same to any third party, save and except to any State or Central Government or to any of their agencies and/or any other concerned legal and other competent authorities on specific demand or under a general obligation.
The Subscriber represents, warrants & assures that the data provided by the Subscriber in terms of this Agreement for uploading/posting shall not contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in the event of detection of which the Company will reserve the right to cancel the agreement ab initio and forfeit the consideration exchanged so for the purpose of this agreement. This will be apart from the right of the Company to take appropriate legal action, if required.
The data provided by the Subscriber shall be deemed to have been voluntarily supplied, non-confidential and the Subscriber hereby discharges the Company of all obligations of confidentiality.
The Subscriber further represents and warrants & assures that, the data provided by the Subscriber for the purpose of uploading in the Website, shall not be violative of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be violative of any provision of Law in force.
The Subscriber represents, warrants and assures that data provided by the Subscriber for the purpose of uploading on the Website, shall not be fake or incorrect or inappropriate and that he shall ensure responsible use of the Services. Without prejudice to what is stated under point 2.4 and notwithstanding anything contained under point 2.5, Subscriber further represents and warrants that he shall be solely responsible for the correctness of the data provided by him and in case of any third-party action in this regard, the Subscriber shall indemnify and hold the Company harmless. Subscriber also understands that in case more than ten postings in a day provided by the Subscriber are not approved for going live on site by the Company then the same will be deemed as a case of misuse of Services by the Subscriber and the Company shall have the right to refuse /revoke its Services in such a case and/or terminate the Services and/or take appropriate legal action against the Subscriber.
In case by misrepresentation or false postings the Subscriber takes away the data which is the intellectual property of the Company, then in addition to the rights available to the Company herein, the Company shall have the right to initiate appropriate legal action against the Subscriber.

Termination: The Company may terminate the Services in case the Subscriber:

Commits any breach of these terms and condition, representation & warranties and Subscribers obligations as contemplated in this agreement.
Fails to make payments as per the terms & condition herein.
Uses the Services provided by the Company for any illegal, unlawful or immoral purposes or in any fraudulent manner or for purposes not authorized by the Company.
The Subscriber shall keep in confidence any information received by the Subscriber under this agreement, irrespective of the business or the matters concerning the other and shall not disclose the same to any third party, save and except to any State or Central Government or to any of their agencies and/or any other concerned legal and other competent authorities on specific demand or under a general obligation.
Advice received from regulatory or any other competent authorities.
Commits violation of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be violative of any provision of Law in force.

General Terms & Condition:

These job postings may not be substituted with other job postings during this term without incurring additional charges. Any jobs posted by Subscriber on the website and in excess of the number of jobs provided for in this Agreement will be billed to the Subscriber and shall be payable by the Subscriber in accordance with the terms hereof, at the Company's then prevailing rate for such job postings on the Website.
The Company may, in its sole discretion, impose a interest equal to 18% per month on all overdue accounts.
Any re activation of a deleted or expired job posting and any refreshing of any job posting constitutes use of an additional job posting hereunder.
Website's resume database (each a "Resume Database") is a private database for use by Subscriber's only. A Subscriber is defined as one unique user with one unique password provided by the Company. If the Subscriber (including its employees or consultants) is found to share passwords with any third party, the Company may revoke all passwords forthwith and no refund will be given.
The Subscriber agrees to notify the Company promptly after the departure of any person to whom a password was provided and the Company shall on such intimation issue a new password to the Subscriber. The Company reserves the right to periodically change issued passwords with prior notice only to identified hierarchy head for security reasons. However, changed password shall be informed to the Subscriber immediately.
The charges paid by the Subscriber to the Company under this Agreement are non-refundable. The website (including without limitation all data therein), and all elements, which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of the Company. Neither the Subscriber nor any of its employees shall do anything, which would in any way damage, injure or impair the validity of the Company's rights in the contents of the website. Notwithstanding the above, any data placed on the website by the Subscriber herein, and all elements which are a part of the such data, and all intellectual and other proprietary rights therein, are and shall at all times remain the Subscriber's property.
To the extent permitted by law the Company makes no warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to its services or the website, or results of use thereon and all warranties and conditions, express or implied are hereby excluded.
Subscriber agree to indemnify the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from its breach of this Agreement or breach of representation and warranties as contemplated herein or from its provision of any material to the website, including but not limited to claims of breach of any third party rights including intellectual property rights or breach of any provision of any law for time being in force.
Notwithstanding anything to the contrary contained herein, except as may arise under the immediately preceding paragraph, neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind including lost revenues or profits, loss of business or loss of data arising out of this agreement (including without limitation as a result of any breach of any warranty, or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Moreover, the Company's maximum liability arising out of or relating to the transaction, which is the subject matter of this agreement, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid by the Subscriber to CitySite hereunder minus any necessary service charges or taxation already incurred by the Company.
Notwithstanding anything to the contrary contained herein, the Subscriber's use of the website is subject to the Terms of Use/Private Policy/Disclaimer available from such website's homepage. By Subscriber's execution hereof it hereby agrees to abide by such Terms of Use/Private Policy/Disclaimer, as they may be amended from time to time.
This Agreement (i) constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto; (ii) may be signed in counterparts, (iii) may not be amended, terminated or waived orally, (iv) may not be assigned, in whole or in part, directly or indirectly, or otherwise, by the Subscriber and only comes into existence when signed by its authorized signatory and (v) Company shall not be responsible for unauthorized access to data by third parties, or data lost whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes beyond its control. The Company will be entitled to assign all or any of its rights and obligations hereunder to any third party.
Any terms of this Agreement that may be invalid shall not affect the validity of enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of CitySite.
The Company reserves the right to recover/charge any amounts to the Subscriber on account of any taxes levied by the Central/State Govt. on the services as contemplated in this agreement from time to time and which are not included in the total payment consideration received by the Company.
The subscriber is mandatorily required to have a GSTIN number in compliance with the law.
The Company shall not refund or give a credit note or charge additional charges to the Subscriber in the event of a change in the tariff plans which the Company may introduce from time to time.

Governing Law:

The Terms & Conditions between the Subscriber & the Company shall be governed by the laws of India and any dispute or differences, if any between the Subscriber & the Company, shall be subject to the exclusive jurisdictions of the Courts in Berhampur, Odisha alone.

Search -Terms and Conditions

CITYSITE agrees to provide the service to the subscriber only for the duration contracted for to the best of its ability.
CITYSITE reserves the right to suspend/terminate the services contracted for by the subscriber either prior to or during the contracted period without assigning any reason.
The subscriber shall be entitled to 3 user names /passwords to access the CitySite.co.in service alone and additional user names /passwords may be provided by CITYSITE on such terms and conditions as may be mutually agreed upon.
CITYSITE offers no guarantee nor warranties that there would be a satisfactory response or any response at all subscribers for applications received using the CitySite software.
CITYSITE shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
CITYSITE would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond CITYSITE's reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
CITYSITE will commence providing services only upon receipt of charges upfront either from the subscriber or from a third party on behalf of the subscriber.
The subscriber/Recruiter shall give an undertaking to CITYSITE that the jobs sought to be filled through Citysite.co.in are in existence, genuine and the subscriber has the authority to recruit /advertise for such vacancies. Also, the subscriber undertakes that the database will be used to contact candidates for jobs only.
The subscriber/Recruiter must give an undertaking to CITYSITE that there will be no fee charged from any person who is contacted through executives for processing of such person.
This subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual concern.
The subscriber shall be assigned a password (s) by CITYSITE to enable the subscriber to access all the information received through the software, but the sole responsibility of the safe custody of the password shall be that of the subscriber and CITYSITE shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. CITYSITE undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.
The information on citysite.co.in is for use by its subscribers alone and does not authorize the subscriber to download and use the data for commercial purposes. In case anyone is found to be in violation of this then CITYSITE at its discretion may suspend its service/subscription and also may take such action as it may be advised.
The subscriber shall not use /circulate /forward a person's resume hosted on the CitySite /Resumes to his /her current employer as mentioned by the person in his /her resume.
The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him or on his behalf on the website or supplied to CITYSITE. All Disputes arising out of the transactions between a user and CITYSITE will be subject to the jurisdiction of Courts situated in Berhampur, Odisha .

Anti-Spam POLICY

The use and access to the database is subject to this policy. The services provided to you are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence. Mailing practices such as transmitting marketing and promotional mailers/Offensive messages/messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited. We reserve the right to terminate services, without prior notice, to the originator of Spam. No refund will be admissible under such circumstances.
The following is an illustrative (not exhaustive) list of the kinds of messages which can be classified as spam:
Unsolicited Bulk Messages/Unsolicited Commercial Messages.
Non-Job-related mails.
Messages with misleading subject lines.
Blank Messages.
Extra ordinary High Number of mails.
Mails soliciting payments.
Misleading/Fraudulent mails.
Users are advised to change their passwords frequently in order to reduce the possibility of misuse of their accounts.
To seek more information and to report Spam. Please email us at hr@citysite.co.in

Account Protection

Your password is the key to your account. You shall be solely responsible for all the activities happening under your username and you shall be solely responsible for keeping your password secure. Do not disclose your password to anyone. If you share your password or your personal information with others, you shall be solely responsible for all actions taken under your username and you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change it. Business Transaction
In the event CITYSITE goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. Where your information is transferred you will be notified via email/prominent notice on our website for 30 days of any such change in ownership or control of your personal information.
The security of your personal information is important to us. When you enter your personal information, we treat the data as an asset that must be protected and use tools (encryption, passwords, physical security etc.) to protect the information provided by you against unauthorized access and disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore, while we strive to use commercially acceptable means to protect all the information provided by you, we cannot guarantee its absolute security nor can we guarantee that third parties shall not unlawfully intercept or access transmissions or private communications, and that other users may abuse or misuse the information that you provide. Therefore, although we work hard to protect your information, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

General Terms

CITYSITE reserves the right to disqualify any recruiter if it has reasonable grounds to believe the recruiter has breached any of these Terms and Conditions.
The Contest shall be governed by and construed in accordance with the laws of India.
The recruiter further agrees that CITYSITE cannot be held responsible for any damage, loss, injury or disappointment suffered by it as a result of its deciding to avail yourself of the services as offered by CITYSITE herein.
The recruiter undertakes to indemnify CITYSITE for any claims or damages arising from CITYSITE's posting of jobs on account of the recruiter following consent of the recruiter.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the campaign "Post a job on citysite.co.in and, or the Terms and Conditions thereof the same shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by CITYSITE. The venue of arbitration shall be decided by CitySite and the proceedings of such arbitration shall be in English Language only.
All disputes shall be subject to the exclusive jurisdiction of Berhampur, Odisha Courts only.
These Terms & Conditions are the complete and exclusive statements of the understanding between CITYSITE & the recruiter. It supersedes all the understanding or other prior understanding, whether oral & written, and all representation or other communications between CITYSITE & the recruiter.

Terms of Licensed Data & Services

Company shall provide the Licensed Data & Services to Subscriber in accordance with parameters mentioned in the Agreement.
Company shall maintain its Network in a fully operating condition and error free, except for unavailability and errors which may result from (i) insufficient or inadequate Subscriber bandwidth or technology, (ii) general Internet brown-outs, black-outs and slowdowns, (iii) bring- downs in the ordinary course that are necessary to maintain, update or refresh the Network, (iv) any “hacking” or “denial of service” activity by a third party and (v) any other reason beyond the Company’s reasonable control.
The company reserves the right to any enhancement, modifications, and upgradation of the existing Licensed Data and our Network.
The Services provided by the Company are strictly intended for the sole and exclusive use, consumption and benefit of Subscriber, and not for any third Party, including but not limited to the subsidiaries or affiliates of Subscriber.
Subscriber shall use the Services for the sole and exclusive purpose of recruitment and for genuine jobs in existence, in accordance with the terms of this Agreement. The Subscriber hereby undertakes to use the Network and Licensed Data base for “Recruitment” purpose only.

In the event Subscriber is found to misusing or transmitting any candidate data or Licensed Data for any other purpose other than that being bonafide Recruitment purpose, the Company reserve the right to take actions as it that deem fit including stopping access, reporting the incident or misuse of Licensed

Data to relevant authorities and or initiating any legal proceedings not limited to claiming damages.
The subscriber is specifically prohibited for any commercial purposes such as creating alternate databases, extending access to third parties without prior written consent of the Company. The use of content from the Network and or Licensed Data for any other commercial motive is strictly prohibited.
Subscriber is specifically prohibited from copying, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, Licensed Data, information, available on Network and/or any services or products of the Company, in any manner whatsoever.
Subscribers are specifically prohibited from approaching candidates and jobseekers for any purposes other than for specific existing vacancies. The Subscriber is expressly prohibited from seeking fees from any candidate and jobseeker in any name whatsoever.
Only at the request of the Subscriber can any designated person from Subscriber undergo training to use the Services provided by the Company in relation to the Services opted for by the Subscriber.
The company shall not be responsible for operator error, misuse of Licensed Data, not following the user guidelines or for any errors in Licensed Data caused by a virus. The Company does not warrant that the functions contained in any of Licensed Data will meet the Subscriber’s requirement.
Company reserves the right to terminate Subscriber's membership and to refrain from entertaining any further subscriptions and to suspend or terminate the Subscriber's access to the Network immediately and without notice if; i) Subscriber fails to make payment to the Company when due; or ii) Subscriber fails to provide within a reasonable time, enough information to enable the Company to verify the accuracy and validity of any information supplied by the Subscriber regarding its identity; or iii) when Company suspects that Subscriber to have engaged, or are about to engage, or are connected to or otherwise have way of being involved in fraudulent or illegal activity on the Network.

Company reserves its right to reject any insertion or deletion of any information in Licensed Data or any other Data provided by the Subscriber without assigning any reason whatsoever; either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid only for that particular vacancy, shall be refunded to the Subscriber on a pro-rata basis at the sole discretion of the Company except when such rejection is in due to inappropriateness of content, violation of any terms and conditions of this Agreement of usage by the Subscriber. However, Company has the right to make all necessary modifications of the vacancy details in order to facilitate uploading on the Network

The job postings may not be substituted with other job postings during this term of the Agreement and without incurring additional charges. Any jobs posted by Subscriber on the Network and in excess of the number of jobs provided for in this Agreement will be billed to the Subscriber and shall be payable by the Subscriber in accordance with the terms hereof, at the Company's then prevailing Tariff Plan for such job postings on the Network. Any re-activation of a deleted or expired job posting and any refreshing of any job posting constitutes use of an additional job posting hereunder.
Resume database (each a ''Resume Database'') is a private database for use by Subscriber's only and Subscriber shall not transfer, sell or permit to use the password by anyone. A subscriber is defined as one unique user with one unique password provided by the Company. If the Subscriber (including its employees or consultants) is found to share passwords with any third party, the Company may revoke all passwords forthwith and no refund will be given.
The subscriber shall mention its contact or user information (like; name, address, phone numbers, e-mail address) in every communication with Jobseekers and or candidate.
Company reserves the right to periodically change issued passwords without prior notice only to identified hierarchy head for security reason. However, changed password will be informed to the Subscriber.
Any additional Services or the Licensed Data not explicitly mentioned in this Agreement shall be considered outside the scope of Agreement and shall be provided by Company on mutually agreed terms and conditions in writing between the Parties and it shall be subject to the additional cost.

Intellectual Property Rights

Subscriber agrees and confirms to Company that all worldwide copyright and other intellectual property rights subsisting in or used in connection with Licensed Data and Networks to be and remain the sole property of Company for the entire world in perpetuity.
Neither Party will have any right to use in any manner whatsoever the other Party’s intellectual property including trademarks, service marks and logos without prior written authorization of that other Party.
Neither Party shall issue any press release, interview or other public statement regarding this Agreement or the Parties’ relationship without the prior written consent of the other Party.

Subscriber’s Obligations

The subscriber hereby acknowledges that the Licensed Data and Network shall not be misused, tampered with, reverse engineering or manipulated. Further, Subscriber shall not offer for sale, sell, make copies, distribute the Licensed Data or any Confidential Information or data, in whole or in part, alone or in combination with any other technology, whether the other technology is either of Subscriber or that of a third party for commercial exploitation.

The data provided by the Subscriber shall be deemed to have been voluntarily supplied, non-confidential and the Subscriber hereby discharges Company of all obligations of confidentiality.
The subscriber shall be solely responsible for maintaining confidentiality of Username and Password and or user identification. The subscriber acknowledges and agrees that any unauthorized use of the Services & Network may cause the Company and/or its affiliates financial loss.
No right is granted by this Agreement for the use of the Company’s Licensed Data and Network for third-party training, outsourcing or in a time-sharing service or a rental or service bureau operation uses, lend, grant a security interest in, sublicense, assign or otherwise transfer, by the Agreement, the operation of law, or otherwise, any of the licenses, obligations or rights granted to Subscriber.
All the creative for the package will be designed by the Company; however, all the content (logo, pictures, text, etc.) shall be provided by the Subscriber.
Subscriber shall by action of signing this Agreement issue an implicit & binding warranty to not use or circulate or forward any candidate(s) and job seeker(s) resume hosted on the Network to the candidate(s) and job seeker(s) current Employer as mentioned by that person in the resume.
Subscriber agrees and acknowledges that the Licensed Data & Network provided by Company shall be AS IS and AS AVAILABLE basis and without warranty of any kind, further Company hereby EXPRESSLY DISCLAIMS any and all liability arising out of the use of the Licensed Data or Network thereof

Indemnity

Parties hereto agrees to indemnify the other Party against any loss, all actions, proceedings, damages, cost suffered by the other Party, (including without prejudice to the generality of this provision legal costs of the other Party of solicitors, etc.) arising, as a result of any breach and non-performance of the provisions and terms & conditions of this Agreement.
Subscriber agrees to defend, indemnify and hold harmless the company, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or which they suffer as a result of; (a) the negligence or intentional misconduct ; (b) breach of representation or breach of any provision of this Agreement; (c)actions as an Employer, including without limitation doing or not doing the screening, hiring, promoting, or demoting any employee or candidate or job seeker; (d) information, statements or materials (including any claims relating to intellectual property rights therein), prepared or provided by Subscriber including, without limitation, any claims of infringement or misappropriation of copyright, trademark, patent, trade secret or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel.

Suspension of Services

Company may suspend Subscriber’s account or any other service & Network at its sole discretion, at any time, with or without notice, in case the Subscriber :

commits any misrepresentation, or breach of these terms and condition or Subscribers obligations as contemplated in this Agreement;
uses the Services provided by the Company for any illegal, unlawful or immoral purposes or in any fraudulent manner or for purposes not authorized by the Company;
prosecuted for any criminal offense including that of breach of any obligation and or committing a series of breaches which when taken together amount to a material breach under this Agreement;
commits any act which may be tantamount to criminal act towards Company’s employee or any public person at large;
commits violation of Company’s IPR, rights of privacy and or rights of publicity;
fails to make payments as per the terms & conditions herein.

In case Company receive any advisory or order or notice from any regulatory, statutory law enforcement agency or any other competent authorities, the Company will suspend Subscriber’s account or any other service & Network.

Termination

Either Party, at its discretion shall have a right to terminate this Agreement for convenience and without any cause, by giving to the other Party, a written notice, and such a termination shall become effective on the expiry of the period of thirty (30) days after the delivery of the written notice.
After the expiry of the Term or termination of the Agreement, Subscriber shall return to Company or destroy all License Data and all other materials containing or reflecting any proprietary or Confidential Information, together with any copies, which are in Subscriber’s or any of its representative’s possession or control and expunge all the License Data and other related material from any computer, word processor or similar device into which it was programmed or stored by Subscriber and shall issue a certificate of such destruction of the License Data to Company.

Privacy and Data Protection

Each Party shall comply with laws relating to data privacy and Personal Data as and to the extent applicable to the Services provided under the applicable laws. Each Party during the term of this Agreement will: (a) maintain appropriate technical and organizational measures to protect any data and information (including data that personally identifies an individual) that they collects, accesses, processes or receives from the other party under the Agreement against unauthorized or unlawful transfer, processing or alteration and against accidental access, loss, damage, processing, use, transfer or destruction; (b) take all reasonable steps to ensure the reliability and security of systems operated by or on behalf of itself that process such data and information in connection with this Agreement; and (c) comply with all applicable privacy and data protection laws governing end user and or Licensed data.

Anti-Bribery

Each Party shall comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Indian Prevention of Corruption Act, 1988 and Prevention of Money Laundering Act, 2002. The Parties shall not engage in any activity, practice or conduct which would constitute an offence there under if such activity, practice or conduct had been carried out in the country in which the other Party has business interests. The Party shall report to the other Party any request or demand which if complied with would amount to a breach of this provision. Breach hereof shall be deemed a material breach of this Agreement entitling either Party to terminate the Agreement including the Services & Network immediately without prejudice to other remedies which may hold under law, equity or otherwise.

Employer Terms