Terms in Use

for Soft Elevation Pvt Ltd.

INTRODUCTION AND ACCEPTANCE OF TERMS

  1. These Terms and Conditions of Use (“Terms”) govern the access to and use of the website https://softelevation.com (“Website”) and the services offered therein. By accessing, browsing, or otherwise using the Website, you (“User”, “you”, or “your”) expressly acknowledge and agree to be bound by these Terms, together with the Company’s Privacy Policy, which is incorporated herein by reference.
  2. These Terms constitute a legally binding agreement between the User and Soft Elevation Private Limited, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at Plot No ITC 10, Ground Floor, Sector 67, SAS Nagar, Punjab, PIN 160062, with Corporate Identification Number (CIN) U63999PB2024PTC062556 and Goods and Services Tax Registration Number (GSTIN) 03ABOCS3502P1Z2 (hereinafter referred to as the “Company”, “we”, “us”, or “our”).
  3. If you do not agree to these Terms, you must refrain from accessing or using the Website or any of the Services offered by the Company.

COMPANY INFORMATION

  1. Legal Name: Soft Elevation Private Limited
  2. Nature of Business: Provision of Information Technology services, including but not limited to software development, IoT solutions, blockchain development, and related services.
  3. Incorporation: Incorporated under the Companies Act, 2013.
  4. Registered Office: Plot No ITC 10, Ground Floor, Sector 67, SAS Nagar, Punjab, PIN 160062
  5. Corporate Identification No (CIN): U63999PB2024PTC062556
  6. GST Registration Number: 03ABOCS3502P1Z2

DEFINITIONS

 For the purposes of these Terms:

    1. “Services” shall mean all information technology services provided by the Company, including but not limited to software development, Internet of Things (IoT) solutions, blockchain development, web development, mobile application development, Software as a Service (SaaS) solutions, cloud hosting, infrastructure management, and technical support.
    2. “User” shall mean any natural or legal person who accesses, browses, or uses the Website or avails of the Services.
    3. “Intellectual Property” shall mean all rights, title, and interest in and to copyrights, trademarks, patents, trade secrets, proprietary information, source code, software, designs, graphics, documentation, and all other intellectual property rights recognised under applicable law.

SERVICES OFFERED

  • The Company provides, inter alia, the following Services:
    1. Custom software development and maintenance;
    2. Internet of Things (IoT) development services;
    3. Blockchain development and implementation;
    4. User Interface/User Experience (UI/UX) design;
    5. Web application development;
    6. Mobile application development;
    7. Software as a Service (SaaS) development;
    8. Cloud hosting and infrastructure services;
    9. Technical support and maintenance services.
  • The scope, deliverables, and terms of specific Services shall be governed by separate service agreements executed between the Company and its clients.

USER OBLIGATIONS

  • By accessing or using the Website or Services, the User undertakes and agrees:
    1. To provide accurate, complete, and up-to-date information as may be required for availing the Services;
    2. To use the Services strictly in compliance with applicable laws, regulations, and contractual obligations;
    3. To maintain the confidentiality of account credentials and to be solely responsible for all activities conducted under their account;
    4. Not to engage in unauthorised access, hacking, reverse engineering, or misuse of the Website or Services;
    5. To respect and not infringe upon the intellectual property rights of the Company or any third party;
    6. Not to upload, transmit, or disseminate any content that is harmful, illegal, defamatory, obscene, or otherwise objectionable.
  • Any breach of the above obligations shall entitle the Company to suspend or terminate access to the Services, without prejudice to any other legal remedies available.

INTELLECTUAL PROPERTY RIGHTS

  • Company Intellectual Property
    1. All Intellectual Property contained in or made available through the Website, including but not limited to source code, software, applications, designs, graphics, text, documentation, trademarks, service marks, and logos, shall remain the sole and exclusive property of the Company. No User shall acquire any right, title, or interest therein except as expressly authorised in writing by the Company.
  • Client Intellectual Property
    1. Where the Company develops custom solutions specifically for a client, the ownership and usage rights in respect of such deliverables shall be governed by the terms of the relevant service agreement executed between the Company and the client.

SERVICE LEVEL COMMITMENTS

  • The Company endeavours to provide Services in accordance with industry standards. Service availability, response times, and support levels shall be as specified in individual service agreements. Standard commitments include, without limitation:
    1. Uptime availability of 99.9% for hosted services, excluding scheduled maintenance;
    2. Response times in accordance with the service tier selected by the client;
    3. Regular data backup and disaster recovery procedures.

PAYMENT TERMS

Unless otherwise agreed in writing:

    1. All fees payable for the Services are exclusive of applicable taxes, including Goods and Services Tax (GST).
    2. Payment terms shall be within 30 days from the date of invoice.
    3. Late payments may attract interest or charges as specified in the relevant service agreement.
    4. The Company reserves the right to suspend or withhold Services in the event of non-payment, after providing due notice to the client.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

  1. The Company’s total aggregate liability, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the User for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.
  2. The Company shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, loss of data, or business interruption.
  3. The Company shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, labour disputes, governmental actions, or failures of telecommunications or internet services (“Force Majeure Events”).
  4. Liability for data loss shall be limited to restoration from the most recent backup maintained by the Company, where available.

INDEMNIFICATION

  • The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
    1. Any breach of these Terms or applicable laws by the User;
    2. Misuse of the Services or unauthorised access to the Website;
    3. Violation of any third-party rights, including intellectual property rights;
    4. Content uploaded, transmitted, or otherwise made available by the User through the Services.

TERMINATION

  • Either party may terminate these Terms:
    1. By providing thirty (30) days’ prior written notice, without assigning any reason;
    2. With immediate effect, in the event of a material breach by the other party;
    3. Upon the insolvency, liquidation, or change of control of either party.
  • Termination shall not affect any rights or obligations accrued prior to the effective date of termination.

DISPUTE RESOLUTION

  • These Terms shall be governed by and construed in accordance with the laws of India.
    1. The courts at District SAS Nagar (Teshil Mohali) in Punjab shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.
    2. The parties agree to first attempt to resolve disputes amicably through good-faith negotiations and mediation.

COMPLIANCE WITH LAWS

  • The Company shall provide its Services in compliance with all applicable laws, including but not limited to:
    1. The Information Technology Act, 2000;
    2. The Companies Act, 2013;
    3. The Goods and Services Tax Act, 2017;
    4. The Foreign Exchange Management Act, 1999;
    5. Any other applicable Indian laws, rules, and regulations.
  • The User undertakes to comply with all applicable laws in connection with their use of the Website and Services.

MISCELLANEOUS

  1. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
  2. Waiver. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the Company. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
  3. Assignment. The User shall not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations without restriction.
  4. Entire Agreement. These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior understandings, communications, or agreements, whether written or oral.
  5. Notices. All notices or communications required under these Terms shall be in writing and delivered to the registered office of the Company or to the contact details provided by the User.
  6. Survival. Provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, and other provisions which by their nature are intended to survive termination shall survive the termination of these Terms.

AMENDMENTS

  1. The Company reserves the right to amend, modify, or update these Terms at its sole discretion. Any material changes shall be notified through the Website or by direct communication to Users, as appropriate. Continued use of the Website or Services following such amendments shall constitute deemed acceptance of the revised Terms.