Terms & Conditions

The FOLLOWING AGREEMENT sets forth the legal rights and obligations between Drushti Technet LLP (“Drushti”) AND (“CUSTOMER”) FOR THE SERVICE(S) (THE “AGREEMENT”). THESE TERMS AND CONDITIONS ARE INCORPORATED INTO AND MADE PART OF EACH SERVICE ORDER BETWEEN THE PARTIES, UNLESS OTHERWISE EXPRESSLY INDICATED IN THE RELEVANT SERVICE ORDER.

Definitions

• “Acceptable Use Policy” means use of the Service(s) by the Customer in a manner (in Drushti’s sole judgment) consistent with the purposes of such Service(s), as further described, but not limited by, the policy (which Drushti may update at any time) at http://www.dinpl.com/terms-and-conditions.
• “Affiliates” means, in relation to either party, any entity (a) which is owned 50% or more by that party; or (b) over which that party   exercises management control.
• “Customer” means the person or entity who signs a Service Order or Statement of Work for Service(s) which is accepted by Drushti.  Customer includes Affiliates, employees, subcontractors and agents of the customer.
• “Service” or “Services” means any Drushti service(s) identified on Service Order or described in a Statement of Work.
• “Service Charges” means the amounts due by Customer to Drushti for each Service, as specified in the applicable Service Order.
• “Service Order” means the proposal form provided by Drushti listing one or more Service(s), the Service Charges for such Service(s), and the Term for such Service(s).
• “Start Date” means the date upon which Drushti notifies the Customer that a particular Service is available for use by the Customer.
• “Statement of Work” means the written description of Service(s), the Service Charges for such Service(s), and the Term for such Service(s); all Statements of Work shall be equivalent to a Service Order.
• “Taxes” means all applicable taxes imposed upon Customers by operation of law excluding any taxes due by Drushti on Drushti’s net income.
• “Term” means minimum duration of time, beginning on the Start Date, during which the Customer agrees it shall receive and pay the Service Charges for the Service(s).  In the event more than one Service is included in a Service Order or Statement of Work, the Term shall begin on the Start Date of the last Service Start Date, regardless if Drushti has begun providing and billing for Services with prior Start Date(s).

Service Level Agreement

Service Level Agreements, if any, for each Service are described either in Exhibit B to this Agreement or in a Statement of Work.  Customer agrees that the remedies described in the Service Level Agreements, if any, are the sole and exclusive remedy for such failing to achieve the Service Level Agreement.