Retailcore Software Service Level Agreement (SLA)

Thank you for selecting the Software offered by RetailCore Technologies and/or its subsidiaries and affiliates", (referred to as "RetailCore," "vendor," "we," "our," or "us"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between your organization ("Customer", "Client") and RetailCore. By your acceptance electronically, or by installing, accessing or using the Software, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Software.

CUSTOMIZATION OF SOFTWARE
1. All new changes required in software must be communicated in written by email from you before software installation.
2. Minimum turnaround time for customization that are agreed is minimum four working days and depending upon the complexity of customization.
3. Any charges if applicable for customization to be agreed by you before we start working on the customization.
4. We will deliver software, software installation, software updates and software support online to you by taking remote access of your computer with your permission.
5. Data you enter in software is fully your ownership. Nature and type of data you enter, bills generated and taxation applied is solely your responsibility.
6. We strongly practice and adhere to lawful practice.
7. Strictly not allowed any modification to our software source code and database files. If you do so, our support and service to you will be stop on immediate basis.
8. During AMC period maximum one change in invoice format, barcode format, challan format is allowed. More than one change will incur a development fee.
9. We reserve the right to not do customization in software if that is conflicting with our software usage policy.

FEE
1. Tax will be applicable on all the charges.
2. All the fee shall be subject to change, we reserve the right to revise the fee.
3. AMC fee is subject to revision.
4. Payment should be made 100% advance.
5. Payments to be made solely in favor of RetailCore Technologies. RetailCore will not be held responsible for payments made to any other account other than RetailCore Technologies. If you come across anyone soliciting payments on behalf of RetailCore to any other account, please inform us on at info@retailcore.in

INSTALLATION OF SOFTWARE
1. Your computer and other suggested supporting hardware must be in working condition before software installation.
2. Partitioned hard disk is required on your computer.
3. Data entry - We are not liable for data entry and barcode label printing manual work.
4. We require the hardware to be pre-installed on your computer.
5. In case of installation on your cloud server, we don't assure performance of your cloud server.
6. We do not provide refund or return of the payment.
7. We will delivery software and software installation online and by taking remote access of your computer on which software to be used.
8. We are not responsible for your operator's mistake of for Data Corruption.
9. For offline software version, in case your computer crashes, we are not responsible for the data loss and recovery.

SUPPORT
1. All support shall be online through broadband internet connectivity.
2. We will provide support to the Client for assistance with software bugs, repair of known issues, troubleshooting of software malfunctions, installation and deployment, general questions, end user questions, software administration and best practices procedures.
3. We will check the software issue by taking remote access of your computer with your permission.
4. Dedicated post implementation support guided by contract. All assistance of our software engineers to provide changes you require as per contract.
5. Full software training and support is provided online.
6. We respond to your technical problems within 3 hours of notification on working day.
7. We will provide support Monday to Saturday from 10:00AM to 7:00PM IST with the exception of our company holidays.

RE-INSTALLATION OF SOFTWARE
1. You must provide us Remote Access to your computer from which Software to be removed and remote access to new computer.
2. Data backup of Software to be taken is your responsibility.

TRAINING
1. All training support shall be online through broadband internet connectivity and phone.
2. All the staff person who require training should be present together at one session.
3. Maximum one additional training session will be provided in AMC period.

SERVICES NOT INCLUDED
1. Hardware or Operating system support.
2. Performance tuning and Storage, Backup and Data Recovery/Loss
3. We do not provide advise on taxation matter. Please consult your tax advisor.

GENERAL TERMS YOU AGREE
1. You agree not to publish, resell, distribute, disseminate, reverse engineer, decompile, or reproduce our Software.
2. We shall not be responsible for acts by third parties, or other events outside Software reasonable control.
3. Restricted Use of the Services:- You shall not, and shall not permit any users of the Software or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties.
4. This software is copyright material and must not be copied, reproduced, transferred, distributed, leased, licensed or publicly performed or used in any way except as specifically permitted in writing by our company, as allowed under the terms and conditions under which it was purchased or as strictly permitted by applicable copyright law. Any unauthorized distribution or use of this text may be a direct infringement of the author?s and publisher?s rights and those responsible may be liable in law accordingly.
5. In case of RetailCore Software non working due to incompatible or malfunctioning Windows OS, hardware such as printer, scanner, computer, we are not liable to give refund.

CONTENT AND USE OF THE SOFTWARE
1. Responsibility for Content and Use of the Software. a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Software. By making your Content available through your use of the Software, you grant RetailCore non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. RetailCore is not responsible for any of your Content that you submit through the Services.
You agree not to use the Software, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:- a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual?s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
c. Except as permitted by RetailCore in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
d. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
e. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
f. Any dispute arising out of the same is strictly subject to Surat jurisdiction only.
g. During Trial Version usage of software the data you have entered is not

WARRANTY
We will undertake all reasonable efforts to provide technical assistance under this agreement and to rectify or provide solutions to problems where the Software does not function as described in the Software documentation, but we do not guarantee that the problems will be solved or that any item will be error-free. This agreement is only applicable to out software running under the certified environments specified in the release notes for that product. We will provide the customer with substantially the same level of service throughout the term of this agreement. We may from time to time, however, discontinue software products or versions and stop supporting Software products or versions one year after discontinuance, or otherwise discontinue any support service.

ONLINE TRIAL VERSION SOFTWARE AGREEMENT
RETAILCORE DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT RETAILCORE WILL CORRECT ALL ERRORS IN THE SERVICES; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) YOUR CONTENT AND YOUR APPLICATIONS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) THE SERVICES, INCLUDING ANY PRODUCTS, INFORMATION OR OTHER MATERIAL YOU OBTAIN OR PURCHASE FROM RETAILCORE UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT RETAILCORE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. RETAILCORE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS

YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON-RETAILCORE SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE TRIAL ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND RETAILCORE AGAINST ANY CLAIM AND INDEMNIFY RETAILCORE FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON-RETAILCORE SOFTWARE. RETAILCORE IS NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO OR CREATE WITHIN THE TRIAL ENVIRONMENT.

RETAICORE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICES, RETAILCORE PROGRAMS AND TRIAL AT ANY TIME WITHOUT NOTICE.

INTELLECTUAL PROPERTY
We will retain ownership of all proprietary rights in the Software, including certain rights, if any, that Vendor has pursuant to license from another party. Upon full payment of the fees set forth in this Agreement, Vendor will grant to Client a non-exclusive license to use the Software in its own business. Client is not authorized to sell, transfer or license the Software or rights thereto to any other person or organization.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER REPRESENTS TO RETAILCORE TECHNOLOGIES THAT CUSTOMER UNDERSTANDS THOSE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM.