MMCConvert-TermsOfUse

Formation of contract
Submitting an order on our website concludes a contract for us to provide you with Services, and you to pay for those Services, on these Terms. Submitting an order will be deemed as acceptance of these Terms despite anything that may be stated to the contrary in your enquiries or your order. Submitting an order will be deemed as an acceptance to our declaration of What We Convert and What We Don't Convert in the FAQ section of our website.
Provision of Services
2.1 MMC will perform the Services with reasonable care and skill, using suitably qualified and experienced personnel.2.2 MMC will make every effort to ensure delivery of Services within a reasonable time. However, we shall not be liable to you for any failure to deliver on a specified date or within a specified period. 2.3 MMC cannot commence the Services until we have received a proper order and obtained access to the relevant financial data.2.4 MMC requires access to both the source software and the destination software, each with active subscriptions. Therefore, we will be unable to perform conversions for accounts with expired subscriptions or those on trial subscriptions.
Price and payment
3.1 The price for the Services is as specified on our website for customers in your location at the time of your order. Unless stated otherwise on our website, the prices are in US Dollars.3.2 Payment will be considered to have been made only when irrevocable cleared funds have been received into our bank account through the payment processing gateway which we use at that time on our website.3.3 The prices specified include all types of taxes made applicable by Indian Government. If you are not based in India, you will be responsible for any government duties, levies or taxes which may be applicable in your jurisdiction3.4 Payment(s) through this Service may only be made with a Credit Card, Debit card or Net Banking.3.5 Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank.3.6 The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to MMC Convert. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service3.7 The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that IITR or the Payment Service Provider(s) have no control over such matters.3.8 The User agrees that MMC Convert or any of its employees will not be held liable by the user for any loss or damages arising from failure to comply with these Terms and Conditions or where a failure is due to circumstance beyond MMC Convert’s reasonable control.3.9 The User may pay his/ her fee to MMC Convert by using a debit/credit card or through online banking account. The user warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card/bank details:
1. The User is fully and lawfully entitled to use such credit/debit card, bank account for such transactions;
2. The User is responsible to ensure that the card/bank account details provided by him/her are accurate;
3. The User authorizes debit of the nominated card/bank account for the selected payment such User along with the applicable Fees.
4. The User is responsible to ensure that sufficient credit is available on the nominated card/bank account at the time of making the payment to permit the Payment of the dues payable or fees dues selected by the User inclusive of the applicable Fee.
3.10&nbsp In case the accounting software to which you are converting is incurring the cost of the migration for you, the above points 3.1 to 3.9 does not apply to you.
Ownership of Data and IP
4.1 Nothing in these Terms affects :
- your ownership of your data (and modifications to it);
- your ownership of your Pre-Existing IP; or
- our ownership of our Pre-Existing IP.
4.2 All IP in any Product, and all IP otherwise developed by MMC in performance of the Services, and any alterations, additions or amendments to that IP, shall be our property.4.3 You must ensure you have appropriate licenses in place for your accounting software so MMC can perform the Services.4.4 You must maintain your own backup copies of all data you provide to us. MMC will adhere to best practice policies and procedures to prevent data loss, but we do not make any guarantees that there will be no loss of data.4.5 By using our Services, you agree that we can use your data file for conversion purpose. When you upload or otherwise submit content to our Services, you give us (and those who work with us) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services) The rights you grant are for the limited purpose of CONVERSION, thus you agree to ensure that you have the necessary rights to grant us this license for any content that you submit to our services.
Cancellation and Suspension
5.1 You are not entitled to cancel an order for Services once submitted, except under clause 5.2. MMC may cancel an order for Services at any time before the close of business on our third business day after receiving the order, if for any reason we consider that we cannot perform the Services. If we do this, we will advise you and any payment taken for the Services will be refunded less any bank charges incurred.5.2 Either party may terminate these Terms immediately by written notice to the other party if the other party :
1. is in material breach of any of its obligations under these Terms and either that breach is incapable of remedy, or that other party has failed to remedy that breach within 15 days after receiving written notice requiring it to do so; or is unable to pay its debts, or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
5.3 On termination of these Terms, we shall without delay deliver to you all copies of information or data provided by you to us existing at the date of such termination, whether or not the Services are then complete.5.4 Fees once paid will not be refunded under any circumstances.
Limitation of liability
6.1 In performing the Services we will not be liable for :
1. Any data migration errors which are caused by the quality of the source data which we obtain from you;
2. Any indirect or consequential loss or damage, any loss of profit, loss of revenue, loss of business opportunities, loss of data or loss of goodwill arising out of or in connection with the Services or these Terms (whether or not the loss or damage may have been in the contemplation of the parties as a probable result of any act or omission); or
3. Breach of any warranties, representations, conditions or obligations imposed or implied by law, statute or otherwise in relation to the Services, which are capable of exclusion (to the intent that to the maximum extent permitted by law, these are hereby excluded).
6.2 Despite any other provision of these Terms, in no event, will our liability exceed the price of the Services ordered.
Privacy7.1 We respect your privacy and the confidentiality of your data. We will not send you spam emails7.2 MMC will take all reasonable steps to ensure that your privacy is not compromised.7.3 By providing email address, telephone numbers and other contact information, you agree that MMC Convert may contact by one or more of the modes of communications.7.4 The access to the information provided through the MMC Convert's website would only be given to authorized employees or other MMC Convert Group Companies or affiliates or authorized agents or service provider for normal business purposes, only on need to know basis.7.5 MMC Convert may be required, from time to time, to disclose the Visitor's information to Banks or Payment Services Providers or Governmental or judicial bodies or Regulators or any person to whom MMC Convert is under an obligation to make disclosure under the requirements of any law or terms of service agreement between you and MMC Convert. MMC Convert does not release customer information except as directed by law or as per your mandate. We do not share specific information about customer accounts or other personally identifiable data with nonaffiliated third parties for their independent use unless:
1. The information is provided to help complete a transaction initiated by you.
2. You request or authorize it.
3. The disclosure is required by/or directed by law.
4. You have been informed about the possibility of such disclosure for marketing or similar purposes through a prior communication and have been given the opportunity to decline.
7.6 MMC Convert has put in place suitable systems and procedures to safeguard and secure the information that it collects online. All payments on the Website are SSL secured. This means all Personal Information you provide on the Website is transmitted using SSL (Secure Socket Layer) encryption.
SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. 7.7 MMC Convert may also work with third parties for Web traffic analysis to research certain usage and activities on parts of the MMC Convert's website. The Web analysis software is used to find out more about the Visitor, including the Visitor demographics, behavior and usage patterns, for more accurate reporting and to improve the effectiveness of MMC Convert's marketing.7.8&nbsp For data protection, we keep your backup only for 7 days after the completion of conversion. Thus, if you have any queries related to conversion, please get back to us within 7 days, after which we delete your backup from our end.
Confidentiality and Announcements
8.1 Neither party may disclose to any person any confidential information disclosed to it by the other party, except as permitted by clause 8.2, unless such information has become public knowledge other than by breach of these Terms.8.2 Each party may disclose the other party's confidential information :
1. To its employees, officers, agents, consultants or contractors ("Representatives") who need to know such information for the purposes of carrying out the party's obligations under these Terms, provided that the disclosing party ensures that its Representatives comply with the confidentiality obligations contained in this clause 8 as though they were a party to these Terms; and
2. As may be required by law, court order or any governmental or regulatory authority.
General Terms
9.1Amendments : We may amend these Terms from time to time by updating our website (but these changes will not apply to orders which were placed prior to the changes).9.2Law : These Terms will be governed by the laws of India, and the Indian will have non-exclusive jurisdiction in respect of all matters between you and us.9.3Assignment and Subcontracting : Neither party may assign its rights or obligations under these Terms without the consent of the other party (not to be unreasonably withheld or delayed). We may however subcontract any of our obligations, but this will not release us from our obligations to you.9.4No Agency : These Terms do not constitute any partnership, trust, agency, joint venture or employment relationship.9.5Entire Agreement : These Terms (along with the pricing and Service description on our website, and relevant information on your order form) constitute the entire agreement between you and us, and supersede all previous agreements between you and us relating to this subject matter.9.6Definitions : In these Terms, the following words have the following special meanings :
"IP" means all copyright and similar rights (including rights in computer programs, documentation, and drawings), all rights in relation to inventions (including patents and patent applications) and modifications or improvements to the same, registered and unregistered trade marks, registered and unregistered designs, rights in relation to trade secrets, know-how and other confidential information, and all other rights resulting from intellectual activity.

"Pre-Existing IP" means any materials (including software, processes and methodologies) of a party in which IP subsists, which are owned by or licensed to that party, and which existed as at the commencement of the provision of Services under these Terms or were developed independently of the performance of these Terms.

"Product" means any materials produced by us in connection with the performance of Services, apart from your data and modifications to your data.

"Services" means the data migration services to migrate financial data from one accountancy application to a different accountancy application (as selected by you on the order form), and other associated services, as more particularly described on our website ;

"Terms" means these terms and conditions;

"we", "our", "us" means M/s MMC Convert and

"you" means the customer named in the order form.

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Terms of Use