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.

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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.

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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”

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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)”

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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.