Hisabkitab is an online accounting and compliance software service. Below mentioned terms and conditions will explain Hisabkitab obligations as a service provider and user obligations as a customer.

Please read these terms and condition thoroughly before subscribing Hisabkitab services. These terms are applicable on any use of the Hisabkitab software and services and apply to users from the time that Hisabkitab provides user with access to the Hisabkitab software and services.

This Agreement is a legal agreement between you and Hisabkitab. By accepting electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.

The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature. Our Terms & Conditions may get updated from time to time in the future. You agree to review our Terms & Conditions regularly by visiting this page. Your continuous access or use of this service will mean that you agree to the changes in Terms & Conditions. You will be notified of any significant changes to our Terms & Conditions.

Definitions

Agreement means these terms and condition mentioned herein including the recent change/alter/amend/modify/delete/re-phrase time to time for use of Hisabkitab software and services.

Access Charge or Fee refers to the monthly/annually/ and or any other periodic charge fee, and or as the case may be specific to any specific service or product, payable by the users for use of the services and products or any ancillaries in accordance with the Pricing Schedule but exclusive of any taxes and duties as may be applicable time to time.

Confidential Information includes all the information shared or exchanged between the Hisabkitab and users, whether orally, in writing or electronically including the service but does not includes the information which is, or becomes, publicly available other than through un-authorised disclosure by the any other party.

Data means any data inputted by users or with user’s authority into the Hisabkitab website or platform.

Price Schedule means the information relating to subscriptions and pricing written on the Hisabkitab subscriptions and billing pages on the website, or any other page(s) on the website notified by Hisabkitab, which may be updated or amended by Hisabkitab from time to time. It shall also include any additional pricing schedule agreed upon mutually or predetermined for any service or product specific to any specific customer requirement.

Intellectual Property Right means any trademark, patent, service mark, copyright, design, know-how and or any other intellectual property rights, advertorials, videos, communications, SOP’s, certifications, contributions, whether registered or not anywhere in the world.

Service means the accounting and compliance services made available through Hisabkitab website or any service or product specific to any specific customer requirement.

Website means the Hosted Internet website at the domain www.hisabkitab.co or any other site operated by Hisabkitab with other domain names from time to time.

Hisabkitab and all current and future holding or subsidiaries of Hisabkitab, including without limitation.

Invited User means any person and or entity, other than the subscriber, that uses the Hisabkitab service with the authorization of the subscriber from time to time.

Subscriber means the person who is or intend to register for use of Hisabkitab services, and includes any entity on whose behalf that person registers to use the Hisabkitab services.

Users means the Subscriber, and where the context permits, an Invited User.

Use of Software

Hisabkitab allows user the right to access and use the services through the website with the particular user roles available to users according to their subscription type. This right is non-transferable, non-exclusive and limited by and subject to this Agreement. User acknowledge and agree that, subject to any applicable written agreement between the subscriber and the invited users, or any other applicable laws:

• the subscriber determines who is an invited user and what level of user role access to the relevant organization and services that invited user has;
• the subscriber is responsible for all invited users’ use of the services;
• the subscriber controls each invited user’s level of access to the relevant organization and services at all times and can revoke or change an invited user’s access, or level of access, at any time and for any reason, in case that person or entity will cease to be an invited user or shall have that different level of access, as the case may be;
• if there is any dispute between a subscriber and an invited user regarding access to any organization or services, the subscriber shall decide what access or level of access to the relevant data or service that invited user shall have, if any.

User Obligations

Payment:

An invoice for the Access Charge or Fee will be issued each month/quarter/half yearly/yearly in accordance with the details set out in the Price Schedule. Hisabkitab will continue invoicing Users in accordance with the Price Schedule until this Agreement is terminated in accordance with termination clause.

All Hisabkitab invoices will be sent to Users, or to a billing contact whose details are provided by users, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Price Schedule. Users are responsible for payment of all taxes and duties in addition to the Access Charge.

Special pricing or discounts:

Hisabkitab, to its Users, may offer special pricing or discounts for the Access Charge or Fee as a result of the number of organizations that Users have added to the service or that have been added with Users authority or as a result of Users use of the service ('Organizations') User shall be eligible for such special pricing or discounts is conditional upon users’ acceptance of responsibility for payment of any Access Charge or Fee in relation to all of Users Organizations. Without prejudice to any other rights that Hisabkitab may have under these Terms or at law, Hisabkitab reserves the right to render invoices for the full (non-discounted) Access Charge due or suspend or terminate Users use of the Service in respect of any or all of Users Organizations in the event that any invoices for those Access Charge are not paid in full in accordance with the requirements set out in the Price Schedule.

General obligations:

It is responsibility of the Users that the solutions for users’ own lawful/legitimate internal business purposes, in accordance with these Terms and any notice sent by Hisabkitab or condition posted on the Website. Users may use the solutions on behalf of others or in order to provide services to others but if Users do so they must ensure that they are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to them.

Access conditions:

User’s responsibility is to that all usernames and passwords required to access the Service are kept secure and confidential. User must immediately notify Hisabkitab of any unauthorized use of their passwords or any other breach of security and Hisabkitab will reset user password and User must take all other actions that Hisabkitab reasonably deems necessary to maintain or enhance the security of Hisabkitab computing systems and networks and user access to the Services.

As a condition of these Terms, when accessing and using the Services, user must:

• not attempt to undermine the security or integrity of Hisabkitab computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
• not use, or misuse or wrong use, the Services in any way which may impact the functionality of the applications, Services or Website, or any other systems used to deliver the Services or Website or impact the ability of any other user to use the Services or Website;
• should not try to attempt or miss attempt to gain or try to gain unauthorized access to any materials other than those to which user have been given express rights to use or access or to the computer system/server on which the Services are hosted;
• should not try to transmit, or input into the Services or Website, any: files or information or inputs or applications or software that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which user do not have the right to use); and
• should not try to attempt to modify, copy, adapt, reproduce, assemble, disassemble, collaborate, decompile or engineer or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly/mandatorily required to use/consume either of them for normal operation.

Usage Limitations:

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls users are permitted to make against Hisabkitab application programming interface. Any such limitations will be advised.

Communication Conditions:

As a condition of these Terms, if user use any communication tools available through the Website (such as any forum, chat room or message centre, blogs, e-mailer, advertisement), they agree, accept and confirm that only to use such communication tools for lawful and legitimate purposes. User must not use any such communication tool/software/ applications for posting or disseminating or displaying any material unrelated or not legitimate to the use of the Services, including (but not limited to): offers/advertisement of goods or services for sale, unsolicited commercial e-mail, any other communications, files, applications, terms, tools that may damage any other person's computing devices or software, content that may be offensive, damaging, destructive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which user do not have the right to use)

When user make any communication on the Website or any other media related or owned by Hisabkitab, user represent that they are permitted to make such communication. Hisabkitab is under no circumstance /obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, user must exercise caution when using the communication tools available on the Website. However, Hisabkitab does reserve the right to remove any communication at any time in its sole discretion.

Indemnity:

It is construed by accepting the conditions of this Terms of Use, User indemnify Hisabkitab against: all current or future claims, costs, damage and loss arising from user breach of any of these Terms or any obligation User may have to Hisabkitab, including (but not limited to) any costs or amounts relating to the recovery of any Access Charge or Fee that are due/accrue but have not been paid by user.

Confidentiality and Privacy

Confidentiality:

Unless otherwise the relevant party has the prior written consent of the other or unless required to do so by law or the governing law:

• Each party to this agreement shall ensure the confidentiality of all Confidential Information classified or not of the other obtained in connection with these Terms. Neither party shall, without the prior written consent of the other party, disclose or make public or make any Confidential Information available to any person, or use the same for its own benefit, purpose, processing, or any manner other than as contemplated by these Terms. All the information’s collected by each party shall use the information so collected under this Terms of the Service for only and only for legitimate and law full manner for own purpose only and that to the purpose for which it is being collected.
• Each party's obligations under this clause will survive during and post termination of these Terms.
• The provisions of above clauses shall not apply to any information which:
• is or becomes public knowledge other than by a breach of this clause either by any party or both party or by virtue of its nature;
• is received or transferred from a third party who lawfully or legitimately acquired it and who is under no obligation restricting its disclosure.
• is in the possession of the receiving party without restriction or discrimination or disclaimer in relation to disclosure before the date of receipt from the disclosing party; or
• is independently developed /innovated/created without access to the Confidential Information.

Privacy:

Hisabkitab maintains a privacy policy that sets out the parties’ obligations in respect of personal or any material, financial information. User should read that policy at https://Hisabkitab.com/privacy-policy and user will be taken to have agreed, accepted, and confirmed that policy when they accept these Terms.

Intellectual Property

General:

Brand Name, Logo, Tagline, Title to, and all Intellectual Property Rights in the Services, the Website and any documentation, communication, advertisement, relating to the Services remain the property of Hisabkitab (or its licensors as the case may be)

Ownership of Data:

Data, Title to and all Intellectual Property Rights in, the Data remain user property. User access to the Data is however, contingent on full payment of the Hisabkitab Access Charge or Fee when due or accrue. User by subscribing to the services and accepting to the terms, grant Hisabkitab a license to use, arrangement, process, copy, transmit, store, and back-up their information and Data for the purposes of enabling user to access and use the Services and for any other purpose related to provision of services to User.

Backup of Data:

User at its own end must maintain copies, repository of all Data inputted, entered, migrated into the Service. Hisabkitab ensure adherence to its best practice policies and procedures to prevent data loss, including a system data back-up regime, assure but does not make any guarantees that there will be no loss of Data. Hisabkitab expressly excludes liability for any loss of Data no matter how caused.

Third-party applications and user Data:

If user enable third-party applications by accepting or agreeing to their services, for use in conjunction with the Services, user acknowledge that Hisabkitab may allow the providers of those third-party applications to access user Data as required for the interoperation of such third-party applications with the Services. Hisabkitab shall not be responsible for any disclosure, modification or deletion of User Data resulting from any such access by third-party application providers.

Warranties and Acknowledgements

Authority:

User warrant and accept that where they have registered to use the Service on behalf of another person, User have all the authority to agree to these Terms on behalf of that person for whom he has registered and agree that by registering to use the Service user bind to the person on whose behalf they act to the performance of any and all obligations that they become subject to by virtue of these Terms, without limiting user own personal obligations under these Terms.

Acknowledgement:

Users acknowledge and confirm that that:

• by accepting the conditions of the Terms, User are authorized to use the Services and the Website and to access the information and Data that they input into the Website, including any information or Data input into the Website by any person they have authorized to use the Service. Users are also authorized to access the processed information and Data that is made available to them through user use of the Website and the Services (whether that information and Data is user’s own or that of anyone else)
• Hisabkitab has no responsibility to any person other than User and nothing in this Agreement confers, or purports to confer, a benefit on any person other than user. If User use the Services or access the Website on behalf of or for the benefit of anyone other than them (whether a body corporate or otherwise) user agree that:
• User are responsible for ensuring that they have the right to do so;
• User are responsible for authorizing any person who is given access to information or Data, and they agree that Hisabkitab has no obligation to provide any person access to such information or Data without their authorization and may refer any requests for information to user to address; and
• User will indemnify Hisabkitab against any claims or loss relating to:

1. Hisabkitab refusal to provide any person access to their information or Data in accordance with these Terms,
2. Hisabkitab making available information or Data to any person with their authorization.

• The provision of, access to, and use of, the Services is on an "as is " basis and at user’s own risk.
• Hisabkitab does not warrant or confirm that the use of the Service will be uninterrupted or error free. Amongst other things, the operation and availability of the systems and other resources used for accessing the Service, including public telephone services, computer networks and the Internet, cloud systems can be unpredictable and may from time to time discrete with or interfere with or prevent access to the Services. Hisabkitab gives it disclaimer that is not in any way responsible for any such interference or prevention of user access or use of the Services.
• It is User sole and exclusive responsibility to determine that the Services meet the needs of their business or the purpose for which he is using the service and are suitable for the purposes for which they are used.
• Users remain solely responsible for complying with all applicable accounting, compliance, tax and other laws. It is user sole responsibility to check that storage of and access to their Data through the Software and the Website will comply with laws/compliances applicable to users (including any laws of the land requiring you to retain records)

No warranties:

Hisabkitab assures you to provide best services, however, does not give any warranty about the solutions. The solutions are designed keeping in view of the purpose of common use and not for any specific services until unless designed specifically. Without limiting the above, Hisabkitab does not warrant or confirm that the solutions will meet user whole requirements/ requirements/ or partial requirement or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title, and non-infringement.

Consumer guarantees:

Users agree and confirms and represent that they are acquiring the right to access and use the solutions for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website, or these Terms.

Limitation of Liability

• To the maximum extent permitted by law, Hisabkitab excludes all liability and responsibility to User (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits, and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
• If user suffer loss or damage because of Hisabkitab negligence or failure to comply with these Terms, any claim by user against Hisabkitab arising from Hisabkitab negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Charge paid by User in the previous 12 months.
• If User are not satisfied with the Service, User sole and exclusive remedy is to terminate these Terms in accordance with the Termination Clause under this agreement.

Termination

Trial policy

Upon User sign up first time for access to the Services user can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. The trial period is defined by Hisabkitab on its sole discretion and Hisabkitab has all the right to change/abolish/amend/alter the same without any notice. If user chooses to continue using the Services after the trial period, user will be billed by adding their billing details into the Services, as set out in detail in the Price Schedule. If User choose not to continue using the Services, user may delete their organization from the Dashboard of the Services. In case of a User who has not chosen for the continuance of service by being billed-: Hisabkitab shall not be in responsible for storing or maintain its data/file/organization details.

Prepaid Subscriptions

Hisabkitab will not provide any refund for any remaining prepaid period for a prepaid Access Charge or Fee subscription.

No-fault termination:

Under this agreement, these Terms will continue for the period covered by the Access Charge or Fee paid or payable under payment clause. Upon renewal of Services opted by the user at end of each billing period, these Terms will automatically continue for another period of the same duration as that period for which the renewal is opted for, unless either party terminates these Terms by giving at least one month’s advance written notice. If User elect to terminate these Terms by providing one month's’ advance written notice, User shall be liable to pay all relevant Access Charge up to and including the day of termination of these Terms.

Breach:

If User:

1. breach any of these Terms and within the cure period of 30 days do not do remedy the breach days after receiving notice of the breach if the breach is capable of being remedied;
2. upon breach any of these Terms and the breach is not capable of being cured (which includes (without limitation) any breach of clauses or any payment of Access Charge that are not paid in full in accordance with the requirements set out in the Price Schedule); or
3. upon User or User’s business become insolvent or User business goes into liquidation or has a receiver or manager appointed of any of its assets or if User become insolvent, or make any arrangement with User creditors, or become subject to any similar insolvency event in any jurisdiction, Hisabkitab may take any or all the following actions, at its sole discretion without any prejudice:
4. Terminate this Agreement and use of the Services and the Website to the user;
5. Suspend for any definite or indefinite period of time, use of the Services and the Website to the user;
6. Suspend or terminate access to all or any Data.
7. Take either of the actions in sub-clauses (iv), (v) and (vi) of this clause 8(IV) in respect of any or all other persons whom user have authorized to have access to their information or Data.

For the avoidance of doubt, if payment of any invoice for Access Charge due in relation to any of user’s Billing Contacts, Billing Plans or any of their organizations is not made in accordance with the requirements set out in the Price Schedule, Hisabkitab may: suspend or terminate user’s use of the software, the authority for all or any of their organizations to use the software, or user rights of access to all or any Data.

Accrued Rights:

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement user will:

1. remains liable for any accrued charges and amounts which become due for payment before or after termination; and
2. immediately cease to use the Services and the Website.

Expiry or termination:

Clauses 3(I), 3(VII), 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.

Help Desk

Technical and Functional Problems: 

In the case of technical or any functional problems user must make all reasonable efforts to investigate and diagnose problems before contacting Hisabkitab. If user still need technical or functional help, please check the support provided online by Hisabkitab on the Website or failing that email or call us on the given communication details on contact@hisabkitab.co

Service availability:

For its esteemed Users Hisabkitab intends that the software should be available 24 hours a day, seven days a week. However, it is possible that on some occasions the software or website may be unavailable by virtue of any scheduled/ unscheduled maintenance or other development deployment activity taking place.

In case any activity that will interrupt the services for a longer period than it often happens during normal course of action, Hisabkitab shall take generally acceptable efforts to communicate by publishing the same on the website of any other means of communication in advance.

Refund Policy

Any Charges paid Monthly, Quarterly, Half Yearly or Yearly are Non-Refundable.

Privacy Policy

The Privacy Policy maintained in the Hisabkitab website www.hisabkitab.co form integral part of this agreement. Any matter or concern on account of or related to the privacy policy course of the user shall be governed by the mentioned Privacy Policy.

General

Entire agreement:

These Terms, together with the Hisabkitab Privacy Policy, Refund Policy and the terms of any other notices or instructions given to user under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between user and Hisabkitab relating to the Services and the other matters dealt with in these Terms.

Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No Assignment:

You may not assign or transfer any rights to any other person without Hisabkitab prior written consent.

Governing law and jurisdiction:

• Consumers

Hisabkitab is not intended for consumer use (i.e., use for personal, family or household purposes)

• Summary

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our customer experience team at contact@hisabkitab.co . In the unlikely event that our customer experience team is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute, we have with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this agreement will take place on an individual basis; you agree with hisabkitab that class arbitrations and class actions are not permitted. Jurisdiction will be surat, gujarat, india.

Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Notices:

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Hisabkitab must be sent to contact@hisabkitab.co or to any other email address notified by email to user by Hisabkitab. Notices to user will be sent to the email address which user provided when setting up access to the Service.

Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Contact Details

For any support or query, please contact@hisabkitab.co or You can also call us on +918866252846