Terms Of Service Agreement (“Agreement”) |
| ShimBi Computing Laboratories Private Limited is a company registered under Companies Act 1956, having its office at C-8 Sainagari, Kalyani Nagar, Pune - 411006, Maharashtra, India (“ShimBi”). |
| DEFINITIONS |
| “Services” means any services including not only online invoicing services provided by ShimBi on the Website from time to time.
“Subscription” means subscription to the Website and/or any Website Package subject to acceptance of these terms and conditions, payment of applicable fees, security deposit, if applicable. “Use” or “Using” means to access, view, install, download, copy or otherwise benefit from using the Website. “User” or “you” or “your” means any person who accesses or uses Website, or subscribes to Services and have User ID and password for his own purpose or on behalf of someone else and includes any legal entity. “Website” means www.shimbimybilling.com, all Website Package, web-pages appearing, appended, available alongwith this website. “Website Package” means any software package available on the Website subject to these terms and conditions. |
| ACCEPTANCE OF THE TERMS |
| You must be of legal age to enter into and accept the Terms of this Agreement. If you do not agree to the Terms of this Agreement, do not use any of ShimBi’s Services. You can accept the Terms and Conditions in this Agreement by checking a checkbox or clicking on a button indicating your acceptance of this Agreement or by actually using the Services. |
| WEBSITE USE |
| User is hereby allowed to use Website subject to acceptance of the terms and conditions of this Agreement, and any other terms and conditions to be made applicable to the Website from time to time. ShimBi retains the right to change Terms of Service Agreement from time to time, without assigning any reason or giving the notice. Any new terms and conditions which will be applicable to the Website shall be incorporated as part of this Agreement. User conveys acceptance to Website, Terms of Service Agreement everytime when the User uses the Website. User has discretion not to use the Website, so in terms User’s use of the Website despite the right and power not to use, it is construed that the User has accepted the Terms of Service Agreement. If you represent an organization and wish to use the Services for corporate or internal use, ShimBi recommends that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, ShimBi recommends that you use your corporate email address. At the time of registration User agrees to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process, b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ShimBi has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete; ShimBi may terminate your user account and refuse current or future use of any or all of the Services, c) maintain the confidentiality of your Account and Password, d) to accept responsibility for all activities that occur under your Account or Password, e) to keep all the information provided by your customer confidential, f) to indemnify ShimBi for any loss, damages, claims caused to ShimBi in whatsoever manner. |
| DESCRIPTION OF ONLINE INVOICING SERVICES |
| ShimBi is providing Online Invoicing Software on the Website, which lets you to send invoice to your customer and facilitates payment mechanism to enable User to receive payments from clients through third party payment gateway. You may use the Services for your personal and business use or for internal business purpose in/for the organization that you represent. You may connect to the Services using any Internet browser supported by the Website. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services on Website. You can create and edit content with your User Account and if you choose to do so, you can publish and share such content. |
| SUBSCRIPTION TO BETA SERVICE |
| ShimBi may offer certain Services on Website as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that ShimBi has the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. ShimBi will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service on the Website as a result of your subscription to any Beta Service. ShimBi reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that ShimBi will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. It is your responsibility to maintain data backup and all information as needed by you. |
| RULES OF CONDUCT |
| The Website is to be used solely for your non-exclusive, non-assignable, non-transferable and limited use and for no other purposes. Your use of the Website is subject to all applicable local, state, national laws, rules and regulations wherever applicable including Indian Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000. You shall not use, allow, or enable others to use the Website or knowingly condone use of this Website by others, in any manner that is, attempts to, or is likely to: Impersonate somebody that your real entity, fake identity or any combination of both or anything related to fake or improper impersonation. be ethically not acceptable, violates laws and regulations of any state, country. affect reputation of the Website or any other party in whatsoever manner. send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; upload or distribute any data, information or content that is not developed by you, or without obtaining appropriate licence or permissions; Upload any content defamatory or violative of privacy or publicity rights or contents showing or stating pornographic, discrimination on sex, religion, skin color, race, nationality or any other socially undesirable material; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website; or any other usage in inappropriate manner. |
| ONLINE PAYMENTS |
| ShimBi may facilitate payment option for Using the Website through payment gateways provided on the Website. User acknowledges and undertakes that, it is the sole responsibility of the User to use payment gateway and take all risks and liabilities towards the payment gateway mechanism. The User understands and acknowledges that online payment systems are susceptible to hacking, virus attacks, malfunction. The User undertakes all payments subject to own risk and volition. ShimBi shall not be liable for any loss or damage occurred to you due to any such malfunction, errors and/or unscrupulous activities. In case if the User wants his customer to pay him online then the customer needs to signup with available payment gateway provided on Website. The User undertakes all the responsibilities and liabilities of their customer’s online payment of the invoices and ShimBi shall not be held responsible for any kind of loss, failure suffered by the User due to the failure of payment towards the invoice sent by the User to its customer. ShimBi shall be responsible only limited to technical support. |
| GUIDANCE MATERIAL |
| The Website may without any charges or fees, post articles, circulars, information provided by professionals, corporate, government or sample invoices, documents, image of user Accounts, Invoices. Such information is provided only for information of User. The website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advise and complete precaution of checking validity, correctness of such information. The Website ShimBi shall not be liable to the User or any third party for taking any decision on the basis of such information. |
| PERSONAL INFORMATION AND PRIVACY |
| ShimBi respects your privacy and endeavors to protect your Personal Information. As a matter of security ShimBi take back-up of systems periodically. ShimBi has strict controls on accessing servers, database, archives and other data storing devices and medium. Only authorized personnel of ShimBi and its vendors are authorized to access servers, database, archives and data storing devices and medium. ShimBi does not share your Personal Data stored by you on the Website. All your data compliance related content, reports shall always be kept confidential. ShimBi also needs to make you aware that although ShimBi provides appropriate firewalls and protections, ShimBi’s systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible. Personal information you provide to ShimBi through the Service is governed by ShimBi Labs Privacy Policy. Your election to use the Services indicates your acceptance of the terms of the ShimBi Labs Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account. ShimBi is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. |
| COMMUNICATIONS FROM SHIMBI |
| The Service may include certain communications from ShimBi, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of ShimBi’s policy to provide you total privacy, ShimBi also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. |
| FEES AND PAYMENTS |
| ShimBi may offer you a range of subscriptions and a free trial if applicable. At the end of free trial you agree to either pay applicable fees at that time or discontinue using Website and Services. Subscriptions are also available on either monthly or annual pre-paid, non-refundable contracts. All contracts will automatically renew for the same term using the payment method on file unless you change or discontinue the Service. All service upgrades are effective immediately, while downgrades are effective as of the next renewal date. ShimBi may change its fee structure and/or provide an upgrade service at any time with notice, in which case new rates will be in effect as of the next renewal period. |
| INDEMNIFICATION |
| You agree to indemnify, hold harmless and defend ShimBi, its parents, affiliates, successors, assigns, contractors, licensors, and their respective directors, officers, employees, vendors, representatives, advertisers, service providers and suppliers and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys’ fees, arising from your use of the Website , Services including but not limited to your violation of this Agreement. |
| THIRD PARTIES |
| If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement, including but not limited to warranty, disclaimers, indemnity, limitations of liability, and proprietary rights, are applicable to the third party.
Further, User’s interactions with third party found on or through the service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organization and/or individual. The User should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties. |
| SPAMMING AND ILLEGAL ACTIVITIES |
| You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. ShimBi reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. |
| INACTIVE USER ACCOUNTS POLICY |
| ShimBi reserves the right to terminate Free Trial User Accounts and Unpaid User Accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such User account will be deleted without any notice to the User. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. |
| ADVERTISEMENTS |
| The Website may also post, display, publish or provide links of advertisements of Advertisers. ShimBi doesn’t endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers. |
| SAMPLE FILES AND APPLICATIONS |
| ShimBi may provide sample files and applications for the purpose of demonstrating the possibility of using the Services on Website effectively for specific purposes. The information contained in any such sample files and applications consists of random data. ShimBi makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications. |
| OWNERSHIP OF INTELLECTUAL PROPERTY |
| You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website matter without the express prior written consent of ShimBi. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
All materials on this Website, including but not limited to audio, video, images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws, without limitation, under Indian Laws and regulations and are the property of ShimBi its affiliates, subsidiaries, licensors, suppliers, service providers, vendors, advertisers, promotional partners, or sponsors. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Website limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by ShimBi or otherwise. By displaying them on this Website, ShimBi is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. If you believe that the Website contains elements that infringe your intellectual property rights in your work, please notify us immediately in writing. If ShimBi receive intellectual property right infringement claim notification, and it is felt appropriate, ShimBi may remove all such content which is indicated as infringing and/or take any other appropriate action. |
| DISCLAIMER AND LIMITATIONS OF LIABILITY |
| WEBSITE, AND ALL CONTENTS, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.
Without limiting the foregoing, ShimBi is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Website, including, without limitation, Postings and Materials associated with your use of the Website. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, SHIMBI AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. Notwithstanding any claim, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be effective only by giving a written notice to ShimBi. ShimBi will attempt to correct deficient services under this Agreement and, if correction or replacement is not reasonably commercially practicable for ShimBi, to refund any monies actually paid by you for use of the Website and to terminate and discontinue your use of the Website. You further understand and acknowledge the liability of ShimBi is limited. |
| FORCE MAJEURE |
| Without limiting the foregoing, under no circumstances shall ShimBi be held liable for any damage or loss due to deficiency in performance of the Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, Internet Service Provider outages, scheduled maintenance telecommunication, equipment failures, any down time, floods, storms, electrical failures, civil disturbances, riots, strikes shortages of labor, fluctuations in heat , light, or air conditioning. |
| LINKS TO THIRD PARTY SITES |
| ShimBi may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website. |
| TERMINATION |
| ShimBi may suspend your user account or temporarily disable access to whole or part of any Service in the event of any non payment, suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to contact@shimbilabs.com within thirty days of being notified about the suspension. ShimBi may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, ShimBi reserves the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account. |
| APPLICABLE LAWS |
| This Agreement and your use of Website shall be governed by and construed under the laws of the state of India without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Indian law, rules, and regulations, Indian law, rules, and regulations shall prevail and govern. For the purposes of any legal or equitable actions, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Pune, India. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. |
| GENERAL PROVISIONS |
| This Agreement contains the entire understanding and agreement between you and ShimBi and supersedes any and all prior or inconsistent understandings relating to Website. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than six (6) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). Each part of this Terms of Service Agreement is independent of each other. If any part of these Terms of Service Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. In case of any breach of Terms of Service Agreement, ShimBi has a right to terminate Terms of Service Agreement forthwith. |
| END OF TERMS OF SERVICE |
| If you have any questions or concerns regarding this agreement, please contact us on contact@shimbilabs.com |
| IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS OF SERVICE AGREEMENT, YOU MUST NOT USE THE WEBSITE. |
| Last updated on: 12 August 2013 |