Section 2:- Meaning and definitions of some of the words used in this
contract:-
1)Monthly user license charges (MULC) means a the “eblackdog.com”
subscription paid on monthly basis (paid every 30 days).
2) Half yearly user license charges (HULC) means a the “eblackdog.com”
subscription paid on half yearly basis.(paid every 180 days) .
3) Quarterly user license charges (QULC) means a the “eblackdog.com” subscription paid on quarterly basis.(paid every 90 days) .
4) Yearly user license charges (YULC) means a the “eblackdog.com”
subscription paid on yearly basis. (paid every 365 days).
5)““NISSI”” (or) ““nissi”” means :- “NISSI Infotech
6)”CUSTOMER”” means = the “prospect who has paid for the eblackdog.com
“subscription charges”.
7)”CUSTOMER”” city means:- The city where “CUSTOMER”” lives and wants
the software the eblackdog.com “user license” to be used and to be
implemented.
8)Implementation meaning :- “Eblackdog.com implementation” (or)“software
implementation” means teaching the ““CUSTOMER” ” how to use the
www.eblackdog.com software , how to adapt and use the eblackdog.com
software fully for day to day use for business activities and handhold the
““CUSTOMER” ” and staff of “CUSTOMER” to use the software fully until they
are fully able to use the eblackdog.com software
9)“Customization” means to make changes to eblackdog.com software and to
modify, add features , modules ,reports etc., in the software as per the request
of ““CUSTOMER” ” if the request is technically and commercially cleared
,viable and possible subject to the terms.
10)““NISSI” implementation staff “means the staff of “NISSI” allocated to
”CUSTOMER”” for specific prepaid hours. at “NISSI” campus at coimbatore-
India for teaching ,training and implementation of software eblackdog.com
remotely online for “CUSTOMER””s .
11)““NISSI” customization staff “ means the staff of “NISSI” allocated to
”CUSTOMER”” for specific prepaid hours. at “NISSI” campus at coimbatore-
India for customizing /modifying the software as per the need of
“CUSTOMER””.
12) ““NISSI” Onsite Implementation staff- (NOMIS)” means the the “NISSI”
staff who will be deputed to ““CUSTOMER” city” for implementing
Eblackdog.com software.This staff is to train the staff of ““CUSTOMER” ” on
old or new modules, co-ordinate with ““CUSTOMER” ” and ““NISSI”” staff to
get the “customization” done by “NISSI” customization staff , test customized
features of the software and deliver customization and implement the
customized feature at ““CUSTOMER” ” premises.
13) . “User License” means the “subscription charges payable by
“CUSTOMER” to use the eblackdog.com software” for a specific period .( and)
each login and a password(s) provided by “NISSI” Infotech to “CUSTOMER”s
to log into the eblackdog.com software can access any one or all of the 9
modules of the software from one computer at a time/by one person at a time.
Using one user license and accessing different modules ,by different users ,
from different computers,simultaneously at the same time is not allowed. The
access to any module will be based on the access rights provided to that
particular “user” by the admin of the software.
Page :-2/15
14) “due date” means the exact date on which the ““subscription charges” are
to paid and renewed.
15. Eblackdog.com , (or)Eblackdog.com version 4.5 (or) “eblackdog.com” 5
(or) “software“ means the various different software versions of the
Eblackdog.com.com software that is developed and fully owned by “NISSI”
Infotech .
16. “Modules” or “Eblackdog.com modules” means each of a set of
standardized parts or 8 or more units of eblackdog.com software that
constitute the complete structure of eblackdog.com software.
17. “Contract period” means the time duration up to which date the
““CUSTOMER” ” has paid for maintenance/renewed his “user license” of his
software as per this agreement.
18. “ Software maintenance” or “ maintenance” (or) “ bug fixing” means the
activity of ensuring the already provided/delivered software and its existing
facilities, its database, its software functionalities are working without any
problem for ““CUSTOMER” ” during the “contract period” .
19. “Bug” means any mal functioning of the already existing facility, function,
feature, button, facility in Eblackdog.com that was delivered to ‘“CUSTOMER”
”. This does not include any new requirement or new changes and facilities.
Also it does not include anything that “CUSTOMER” expects to be there
beyond what is already there in eblackdog.com or the software to have the
function, deliver, report, module, or facility as per “CUSTOMER” ’s domain
knowledge of construction industry.
20. “hosting” means the web server space where the software used by
““CUSTOMER” ” is hosted, stored for internet based usage.
21. “cloud server” A cloud server is a virtual server (rather than a physical
server) running in a cloud computing environment. It is built, hosted and
delivered via a cloud computing platform via the internet.
22. “hosted solution” or “web based solution” means the Eblackdog.com
software which will only work from a web based server where -the users will
be allowed to access and use it via internet during a “contract period” .
23. “site” (or) “branch” means the number of branches which can be managed
using software login created separately for the physical business branches of
““CUSTOMER” ” in Eblackdog.com software.
24. “site (or) branch” charges” means the charges that are payable for the
“site” (or) “branch” facility in eblackdog.com software .
25. “Eblackdog.com software version retirement” means the date beyond
which “NISSI” expresses inability to maintain, bug fix, and provide support any
versions of eblackdog.com software.
26. “Employee management capacity” (EMC) Employee Management
capacity (EMC) means the number of employees that “CUSTOMER” will be
able to manage using eblackdog.com software .
27) “commercial plan configuration" means the specific number of ,Employee
management capacity (EMC), ,“site” (or) “branch” ,"modules" , “user license”
that are licensed to "CUSTOMER" in the “User License” and the
"CUSTOMER" is authorized to use by using the eblackdog “User License”.
28) "quotation" means the business proposal of eblackdog usually sent to
those who contact via email,phone alongwith “commercial plan configuration"
29) "order confirmation" means the confirmation sent to the "CUSTOMERs"
who order for eblackdog online , make payment online via eblackdog website ,
without a "quotation" being sent to them before placing the order along with
“commercial plan configuration"
30) "payment acknowledgement" means the email confirmation sent to
"CUSTOMERs" with details of their payment ,proforma invoice details, the
quotation (or) the "order confirmation" reference details.
31. Eblackdog.com “commercial Plan” names:-
EBLACKDOG - 50
EBLACKDOG - 100
EBLACKDOG - 200
EBLACKDOG - 300
EBLACKDOG - 400
EBLACKDOG - 500
EBLACKDOG - 600
EBLACKDOG - 700
EBLACKDOG - 800
EBLACKDOG - 900
EBLACKDOG - 1000
EBLACKDOG - 2000 TO 5000
32)Customization and Implementation plans :-
1)prepaid-25 hours-online- implementation (“NISSI” Implementation staff-NIS)
2)prepaid-50 hours of -online-implementation (NIS)
3)pre-paid-100 hours of -online-implementation(pre-NIS)
4)pre-paid-remote-customization 25 hours plan (“NISSI” customization staff-
NCS)
5)pre-paid-remote-customization 50 hours plan (NCS)
6)pre-paid-remote-customization 100 hours plan(pre-NCS)
7)post paid-”NISSI” Implementation staff-
(Onsite monthly implementation (NOMIS)*
8) post paid-”NISSI” customization staff (post-NCS)
33. “commercial plans” – means the commercial plan names of the
Eblackdog software based on which the prices are provided by ““NISSI”” to
“CUSTOMER”.
34. “super admin” means the facility through which the number of multiple
branches of CUSTOMER which can be managed using software login
created separately for the physical business branches of “CUSTOMER” in
Eblackdog software.
35. Single user license means the rights to use the eblackdog software from
one single login and password subject to “user license rights” & “commercial
plan configuration", for one company. Using multiple companies in a single
user license not allowed.
36. Multiple user license means the rights to use the eblackdog software from
multiple login and password , by multiple people from multiple locations for
multiple companies subject to “user license rights” & “commercial plan
configuration".
37. “Data security guarantee” means the guarantee that is given by NISSI to
"CUSTOMERs" guaranteeing the a) security of the data entered in the
eblackdog software will be safe and secure in the server b) also the data will
not be accessed by any of NISSI staff or allow any third party to access the
data.
Section :-3 Terms for Eblackdog – “NISSI” server License:-
The “““ The offer”date”” is given for specifications requested by “CUSTOMER”
combined with user license and the branches and valid upto “““ The
offer”date”” only. Prices are subject to change without notice.
1. The software “user license subscription charges” paid by the “CUSTOMER”
is subject to terms of this ““terms of service” listed here below.
2. To process the order, Once the first payment is received, “NISSI” will start
the process of training and the Issue of User licenses within 15 days of the
payment.
3. the agreement terms mentioned in this (“agreement”)” will be deemed as
agreed when payment has been done and also the terms will be updated from
time to time which will be visible in the “admin login area” of eblackdog
software which when signed and logged in will be deemed as agreed signed.
4. Optionally “NISSI” will also send the printed agreement for signature to
specific “CUSTOMER”s on its own discretion if its deems fit and necessary.
5. Delivery of software license logins will be as follows:-
a. Online version eblackdog license will be sent within 15 days from the
date of payment.
b. Eblackdog implementation :- The complete training video will be available
for the “customer” to view, learn ,and use the eblackdog software. The Video
training will be available in their own languages in most cases. If the language
is not widely used then the video training will not be available. In such cases
the “customer” is requested to use some other language videos in which the
customer if familiar.
6. Payment terms:-
6a. 100% advance on or before ““ The offer date”
6b. Monthly user license, (MULC), (Quarterly user license) QULC, Half yearly
user license (HULC), Yearly user license (YULC) charges will be automatically
debited to "CUSTOMERs" account via auto debit exactly on due date for
which “CUSTOMER” will approve the debit via online debit from the ““NISSI”
payment gateway”(or) the monthly bank account debit.
6c. Monthly user license, (MULC), (Quarterly user license) QULC, Half yearly
user license (HULC), Yearly user license (YULC) charges are being paid by “CUSTOMER”s only as subscription charges to use the software until such
time the “CUSTOMER”s want to use the software .
7. “““ The offer date” means the usual initial discount charges extended by
“NISSI” to all “CUSTOMER”s to who subscribe to eblackdog software
irrespective of they (“CUSTOMER”s) request for discount or not for the
following reason.
a. This ““ The offer date” discount is also provided to compensate for the time
taken for implementation of software (or) delay if any from both sides for full
eblackdog implementation only. So inspite of all efforts taken from the side of
NISSI , still if there are any of the delays from both sides the renewals cannot
be delayed or payments cannot be withheld as there will be no delays caused
intentionally from both sides.
b. This ““ The offer date”discount is also provided for “CUSTOMER”s to spend
for implementation & customization as long as possible so that they can have
a fully customized software perfectly suitable as per their working culture.
8. “CUSTOMER”s may opt for more users, more modules, more of other
services @ extra cost prevailing at the time of such request.
9. Tally integration quotation (IF INCLUDED) in the “commercial plan
configuration") has been included for :-
a. The number of branch licenses which can be used by “customer” will be as
per the quotation only.
b. “Tally” herein referred is the “Tally accounting software” owned by third
party.
c. “Tally integration” means the integration of the entries done in the inventory
module of Eblackdog software to the “ Tally accounting software” .
d. If “CUSTOMER” is using tally in other future branches also and if those tally
also has to be integrated with Inventory, then the “Eblackdog tally integration
license” for additional branches has to be purchased separately at extra cost
per branch.
e. Also the “CUSTOMER” has to purchase the original Tally license for HO
and all branches where the tally integration has to be done.
f. Any new facilities/features/customization needed by” “CUSTOMER”” other
than the integration ,facilities, reports that are already existing and provided in
the “eblackdog -tally integration module” will be treated as new request and
new customization as per the terms and will be charged extra.
Page :-7/15
10. “NISSI” does not provide the eblackdog software to any “CUSTOMER”
without first providing the full demonstration of the software explaining its
features to “prospects” via online video demos. “CUSTOMER”s agrees that
they have seen the see the full demonstration (free of cost one time) of the
software and only after checking all the features of the eblackdog, they have
ordered for the software. After placing the order and making the payment ,
“CUSTOMER” agrees not to dispute anytime that they expected some feature
to be there and its not there.
11. Systems and procedures adapted by “NISSI” for training the
“CUSTOMER” and their staff on eblackdog and customizing the software as
per the need of “CUSTOMER” are as follows :-
a. “Onsite Implementation” meaning :- “Eblackdog implementation”
(or)“software implementation” means Nissi will send one staff to the premises
of CUSTOMER for teaching the “"CUSTOMERs"” how to use the eblackdog
software , how to adapt and use the eblackdog software fully for day to day
use for business activities and handhold the “"CUSTOMERs"” and staff of
"CUSTOMERs" to use the software fully until they are fully able to use the
software subject to the special low cost -commercial plan detailed will be sent
to customer on request.
b. " Online Implementation" meaning (for only those who do not opt for onsite
implementation) :- “Eblackdog implementation” (or)“software implementation”
means Nissi will allocate one staff to train the CUSTOMER remotely online by
connecting to the computer of CUSTOMER from Nissi HO Coimbatore . This
is for teaching the “CUSTOMER” how to use the eblackdog software , how to
adapt and use the eblackdog software fully for day to day use for business
activities and handhold the “CUSTOMER” and staff of CUSTOMER to use the software fully until they are fully able to use the software subject to the
subscription plan purchased by “customer” and the additional the pre- paid -
commercial plans detailed in ““ section 5C,D,& E”” of the commercial proposal
"quotation" (or) "order confirmation" sent to "CUSTOMER" .
12. Customization/modification/adding new features to Eblackdog:-
a. “customization” means to make changes to eblackdog software and to
modify, add features , modules ,reports etc., in the software as per the request
of “CUSTOMER” if the request is technically and commercially cleared ,viable
and possible. (software customizations are subject to the pre- paid -
commercial plans detailed in “section 5C,D,& E” of the commercial proposal
"quotation" (or) "order confirmation" sent to "CUSTOMER" and are paid until
the “customization” is required by “customer” are completed to the full
satisfaction of the “customer”.
b.The software quotation is given for the facilities that are already existing in
the software only. All new features, modifications, customizations (whatever
facility big or small that is not available in the software and is being requested
by “CUSTOMER”s) will be modified , customized for “CUSTOMER”s by using
the “25,50,100 hours or more prepaid packages of customization .” .
C. “CUSTOMER” also can request for more than 100 hours of ““NISSI”
customization staff “ @ that is prevailing at the time of request.
13. Time taken for implementation:- Eblackdog is a simple but huge software
with huge modules. However, ““NISSI”” team will always send a plan to finish
the Implementation within specified time based on the “commercial plan
configuration" if “CUSTOMER”s co-operate and provide the data and staff for
training as per the plan of ““NISSI””. The implementation time may vary
depending on :-
a. the speed in which the data requested by the “NISSI” implementation
engineer is supplied by CUSTOMER.
b. if there are more branches /sites and more users.
c. If the “CUSTOMER”s staff are not able to pick up the training at the speed
expected. (o) not allocating time for training.
d. The data needed to be fed in eblackdog is not ready in the format required
by “NISSI”.
e. the customization that may be required by “CUSTOMER”
f. And various other issues.
g. The implementation can be expedited by the "CUSTOMERs" by following
the rules, systems, instructions provided by implementation engineer of
“NISSI”. Implementation systems , rules and terms will be provided by “NISSI”
implementation engineer before starting the training. Also “NISSI” advises
“CUSTOMER” to get ready with data and systems that is needed for speeding
up the implementation.
14.Employee Management capacity (EMC) means the number of employees that
“CUSTOMER” will be able to manage using eblackdog.com provided software . when
the EMC increases , the “CUSTOMER” will have to upgrade the plan at the price
prevailing at the time of such request. The moment the usage of EMC has been
reached the eblackdog software will send an alert to "CUSTOMERs". Once the alert is
received the "CUSTOMERs" agree to upgrade the EMC to next plan.
Section :-4 “Eblackdog software customization process”
==========================================
The methodology adopted by “NISSI” for customizing the “software” for
“Indian “CUSTOMER””.
1. The details about the changes needed in the software will be sent by
“Indian “CUSTOMER”” by mail.
2.”NISSI” will check the same and prepare “Customization
prototype” (“prototype”) and send to “CUSTOMER” for checking
and confirming if ““CUSTOMER”” has understood it correctly.
3.Once prototype is approved by ““CUSTOMER”” “ customization approval
document “ (CUD) document mentioning the
a) “CMR” number
b) date of schedule and date of delivery
c) total hours taken to complete the job will be presented to “CUSTOMER” for
approval
4.Once the “ customization approval document “ (CUD) and “MHP” is
approved and the prototype approved by ““Indian “CUSTOMER””” the work on
the customization of Eblackdog software will be started.
5.Once the work on the customization has been completed , “NISSI” will
schedule an online demo to “CUSTOMER” to check if all is fine.
6. if all is fine , software will be uploaded to the “user license” of ““Indian
“CUSTOMER”””.
7.If “CUSTOMER”” is requesting for any changes, it will be taken as “new
customization” under new cost and once again demo will be scheduled and
the process for the new request will go through the same process as
explained in 1-7 will be repeated . If “CUSTOMER” approves the
customization will be up uploaded to “user license” of “Indian “CUSTOMER””.
If not the above process of customization will be followed until the
“CUSTOMER” is satisfied with customization.
8. every time a new request is given by “CUSTOMER” , the “ “Eblackdog
software customization process” will be done by NISSI and has to be
approved by ““Indian “CUSTOMER””” to ensure the “Indian “CUSTOMER”” is
clear on what job is being done , how much time it will take, how much will be
the cost of the customization . This is to ensure there is a complete clarity on
the matter for both NISSI and “CUSTOMER”.
Section :-5 OtherTerms for Eblackdog – “NISSI” server License:-
================================================
1. Renewal charges have to be paid exactly on “due date” as follows :-
2)"eblackdog "“monthly user License charges (MULC)” 5 days before the “due date” (30 days
after the previous payment ,)
3) " eblackdog "Quarterly user license charges (QULC) 10 days before the the “due date” (90
days after the previous payment.)
4)" eblackdog " half yearly user license charges (HULC) 20 days before the the “due date” (180
days after the previous payment.)
5) eblackdog Yearly user license charges (YULC) 30 days before the “due date” ( “due date”
=12 months after the previous payment.)
This“due date” is irrespective when the training and implementation of any old or new modules
have been completed finally. The huge discount offers are provided to “CUSTOMER”s is to
cover the cost during such reasonable delays(from both sides) if any only. Once the User license
has been enabled, the user licenses becomes due for renewal on “due date”.
“user license renewal increase”(ULRI)”
=============================
6)“user license renewal increase”(ULRI)”
6). .“user license renewal increase”(ULRI)”
User license charges will be increased 20% every year to support the constant cost escalations
and demand for more infrastructure, technology updates and server security and support for the
Eblackdog software.The yearly increase will be applicable for Eblackdog Yearly user License
charges (YULC),
Half yearly user License charges (HULC), quarterly user License charges (QULC) and
Eblackdog monthly user License charges (MULC) . The “user license renewal increase”(ULRI)”
will be due exactly after 12 months from the date of first payment (as per "payment
acknowledgement").
7).Hosting space for software :- To support constant need of more hosting space ,all the allocated
users license will be provided 1 GB (one GB hosting space each for the first year along with
software.. If there is more space requirement for "CUSTOMERs" then the hosting space will be
increased at extra cost prevailing at the time when the data of customer crosses the allocated
space limit.
14.Refund /cancellation policy:- “CUSTOMER”s can request for an order cancellation/refund
within 7 days including holidays and sundays (calculation of days are 7 days from the date of
payment as per “order confirmation”) and the refund will be done as follows .
14a)“CUSTOMERs” can request for a cancellation within 7 days from the date of order .
14b) “NISSI” will refund the money within 7 working days , except holidays and Sundays.
14c)Thereafter for the first year , there will be no refund /cancellation allowed. From 2nd year
onwards if the “CUSTOMER” any time prefers not to continue may decide not to renew their
“user license” by informing nissi 60 days in advance before the expiry of the contract.
15) Database maintenance and backups & “Data security guarantee”:-
15a)Database maintenance and backups :-Nissi will provide back up and maintenance. our staff
will take daily back up and restore it as and when needed. In fact the back up is also taken
automatically from the cloud server to another cloud server so that extra caution is taken on the
back ups. NISSI has never lost any data of “CUSTOMER”s for the past years of existence not
even once.
15b) “Data security guarantee”:- Eblackdog software guarantees the security of all the data
belongs to "CUSTOMERs". For this purpose eblackdog is maintaining separate database for all
the "CUSTOMERs" so that there is not even a single chance of data mix up , even during the
working and maintenance of the data by the staff. The servers being used by eblackdog is world
renowned servers , hence the data safe and secure. NISSI takes back up of the data on regular
basis to avoid any such data loss eventualities. Eblackdog also guarantees that there will not be
any circumstances of data leak from the side of eblackdog staff. While NISSI takes all such
precautions, NISSI does not guarantee for any circumstances that are beyond control of NISSI
like the following incidents but not limited to huge hacking activity that cannot be controlled by
the world top companies and servers due to which the customers data has been breached, and
other circumstances where NISSI does not have control over it. NISSI once again guarantees that
the data of "CUSTOMERs" will never be compromised with knowledge of NISSI.
15b)In case of the back up request of “CUSTOMER” data will be provided to “CUSTOMER”s
in xl format if “CUSTOMER”s would like to cancel their subscription with NISSI and shift to
some other vendor. This xl back up “CUSTOMER”s can take and use it as they please. In this
case “ CUSTOMER “ deciding not to renew the license with eblackdog software, then before
leaving, must take print of all possible important reports and data and export all data into xl
format wherever the export data to xl is provided. The “CUSTOMER” has been provided all
possible facilities in all modules wherever possible to export the data into xl format. However it
is not possible to practically export every single data into xl. In case of “CUSTOMER”s need
the back up in any specific format, which is not available in the xl export format provided in
eblackdog software already, then the cost of conversion of the same will cost extra .
15c) 50% of the allocated “hosting” space to CUSTOMER will be used to maintain the full back
up of "CUSTOMERs" files.
Section 6:- Exit clause
1.. The “"CUSTOMERs"” at anytime decides and wants to exit from this agreement, can request
““NISSI”” to stop the access to the software. In such cases the ““NISSI”” will evaluate the
percentage of “work in progress”, completed, in “cmr” also the pending accounts parables and
receivables, and inform CUSTOMER to pay the accounts balance if any. Once CUSTOMER
pays the balance, ““NISSI”” will transfer all the data entered by CUSTOMER into the software
in an XL file and hand it over to “"CUSTOMERs"” and stop the access to the software.
2. As long as "CUSTOMERs" is interested in using the eblackdog software, (or) as long as the
eblackdog software has not retired under the “Eblackdog software version retirement” ““NISSI””
will provide "CUSTOMERs" the access to the software “eblackdog” .But“CUSTOMER” can use
and access the software only and until the all charges that are invoiced, communicated to
“CUSTOMER” and demanded by ““NISSI”” are paid , exactly , on or before the “due date”:-
3. "CUSTOMERs" can use and access the eblackdog software only and until :-
a)all the charges that are invoiced to “CUSTOMER” and demanded by “NISSI” are paid on or
before the “due date” .
b)including all the other charges listed in this agreement .
c)(or) any other new charges that were agreed ,.
d)(or) communicated through mail for a new service that apart from what has been agreed in this
agreement .
e)(or) communicated through invoices.
f) when all these payments are being paid in full by CUSTOMER promptly on due date.
4. When "CUSTOMERs" stops, (or) delays , ANY OF above payments fully or partly,
““NISSI”” reserves the right to stop access to the eblackdog software , “user license” of
"CUSTOMERs" temporally or permanently.
5. In all the above cases when the "CUSTOMERs" at anytime decides and wants to exit from
the agreement, (and) "CUSTOMERs" delayed or does not make any payments the
“CUSTOMER” the loses the rights to access to the software with immediate effect . “NISSI” does not accept any responsibility for the loss if any incurred by "CUSTOMERs" due to losing
of access to software. Also "CUSTOMERs" agrees that he has no right to claim any damage at
anytime whatsoever for this as its due to the request of CUSTOMER (or) negligence of
CUSTOMER the software access has been stopped.
6. The Dispute redresses and jurisdiction :-All disputes arising out this agreement will be first
referred to “dispute redressal team” consisting of members from both NISSI and "CUSTOMER"
who will first try to solve the problem within the parameters of this agreement. All other
unresolved matters will be DEALT by the courts of Coimbatore city of Tamil nadu , India only.
The courts of Coimbatore city of Tamil nadu , India alone will have jurisdiction on this matter.
7. maximum compensation limit:-In any remote case when any court anytime decides that NISSI
has to pay the damages to "CUSTOMER" , the maximum damage payable by NISSI will be
limited to the “ INR 15,000 (Indian Rupees Fifteen thousand only)” which will be full and final
settlement for the damages if any .
Upgrade to the next version of Eblackdog software:-
=======================================
8. Upgrade to the next version of Eblackdog software:-”NISSI” will also intimate and
recommend “CUSTOMER” to upgrade the next version of Eblackdog software, in any one or all
the following circumstances.
8a. When the version of “Eblackdog version ” that currently licensed to “CUSTOMER” is
upgraded to higher versions with new features and facilities and more security,
8b. When the present software is continuously failing and customer is complaining frequently
about the “bugs” in the software.
8c. When the current version of Eblackdog software has ‘retired” under ““Eblackdog software
version retirement” and “NISSI” is announcing its inability to support the old version.
8d. Any other circumstances which “NISSI” feels that the present version is not technically and
commercially viable to provide excellent service support needed and expected by CUSTOMER.
8e. Apart from any of the above reasons if NISSI strongly feels there are many other reasons the
"eblackdog " has to be upgraded.
8f. In any or all of the above circumstances all the present charges and terms of this “agreement”
will change.
8g. ““NISSI”” will inform "CUSTOMERs" about the new version of software and its advantages
of upgrading to new version of eblackdog.
8h. If "CUSTOMER" is interested in the new features and willing to pay the up gradation fee,
new user license charges , charges for the upgraded new version of eblackdog software will be
upgraded to new version.
8i. If the "CUSTOMER" is not willing to accept the upgraded version and to pay the cost of the
same, but is paying for the lower version, then the "CUSTOMERs" will have to use the software
with the bugs and security problems if any by using the lower old version for which “NISSI” will
not be responsible. The support for the lower version will be extended until the “Eblackdog
software version retirement” is announced services and support and software are stopped by
“NISSI”. In case "CUSTOMERs" has stopped the payment then such situations will be dealt as
provided in this agreement.
9)In the event of “eblackdog “version upgrades:- If “CUSTOMER” has purchased or requested
“NISSI” to upgrade his software to higher version , after finishing the commercial formalities,
the version will be upgraded. The upgradation will happen in a concurrent and seamless up
gradation from Eblackdog lower version to Eblackdog higher version . The Upgrading will
happen as a concurrent process simultaneously and seamlessly without disturbing the working
and usage of present Eblackdog version by CUSTOMER.
10. In case of total failure of the server of ““eblackdog “NISSI” server license”where the
software is working, ““NISSI”” will take 36 hours to restore the server again. “NISSI” will
restore all the back ups until 15 days before crash will be restored back to server.
11. When the allocated “hosting” space usage by CUSTOMER increases, the hosting charges
will be increased by ““NISSI””. This will be over and above the license charges. This will be
informed to CUSTOMER 30 days in advance before any such increases.
12. Copying, duplicating any facilities /features/concept/ idea of Eblackdog software or allowing
any third parties (including staff and agents) to access Eblackdog to do so will be deemed as a
violation of copy rights and intellectual property rights of “NISSI” NISSI. The damages to
“NISSI” that would result from this would be impossible to calculate. Therefore, “NISSI” shall
be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in
obtaining any such relief. customer agrees to pay the full damages to “NISSI” in such
circumstances.
13)"Amendment" to this “terms of service”:-
All amendments to this "terms of service “ will be dealt as per the “ clause 7 & 8 ” of “section
1” of this “Terms of service”.
14) The url of this "terms of service" is https://www.eblackdog.com/terms-0001.html its display in the browser may differ. However the content that is uploaded in the above url (or)
the url that the above url is forwarding and is approved by NISSI will be the authorized content
of "terms of service".
15. “NISSI” will from time to time at its own discretion give some new modules or new facilities
free of cost to "CUSTOMERs" in case “NISSI” feels its better to upgrade the module free of
cost for the benefit of "CUSTOMERs" and better working of software or to avoid frequent “
bug” fixing. However this facility cannot be claimed as a right by "CUSTOMERs".
Eblackdog.com is a software product that has been under constant improvement from its
inception in 2008. Hence Eblackdog.com is having thousands of “minute usage conveniences”.
This product has been in continuous use and continuous development by “NISSI”’s own market
research and also by our “CUSTOMER”s for their specific minute needs from its inception in
2008.
The Eblackdog user license manager
“NIPL” Infotech
Mobile :-98422-44488/99940-93339
eblackdogsupport@nissiinfotech.in
Corporate Website:-www.”nissiinfotech.com
Product website :- www.eblackdog.com
© Copyright -all rights reserved 2024 “Nissi Infotech and www.eblackdog.com copying ,
duplicating, publishing, any of the information fully or partly is a violation.