Acssel Astra Agreement
This Electronic Agreement (“Agreement”) executed on dated you clicked the “agree” button is made by and between:
Acssel Infotech Pvt. Ltd. a private limited company incorporated under the Companies Act, 2013 and Having CIN No. U74999MH2020PTC340290, PAN No. AATCA5190R And Having Its Registered Office At 306, Signature Business Park, Postal Colony, Chembur, Mumbai, Maharashtra, India, Pin – 400071, Represented by Its Authorised Signatory (Hereinafter Referred as “Acssel IPL” or the Party of The First Part, Which Expression unless repugnant to the context shall include its successors and assigns permitted by Second Part);
AND
Your Company or Individual and Address as provided in Login Details. Hereinafter collectively referred to as ‘Party of the Second Part’ or ‘Client or Subscriber’ (Which expression shall unless it be repugnant to the context or meaning thereof deem to mean and include legal heirs, successor, authorized representatives, executors, administrators and assigns);
Acssel IPL owns all right, title, and interest in and to that certain computer program and documentation identified as Acssel Astra ("Software"), the functional specifications for which are set forth;
Acssel IPL desires to provide software on use purpose, on subscription basis without the title or code to Software subscriber, and Software subscriber desires to use it on subscription basis in accordance with the terms and conditions of this agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Acssel IPL and Software subscriber, intending to be legally bound, hereby agree as follows:
a. “Affiliate”: any entity that directly or indirectly controls, is controlled by, or is under common control with You or Us, as the case may be, but only for so long as the control exists. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests.
b. “Acssel IPL Partners” means businesses who are authorized to sell Acssel IPL products and Services by Acssel IPL
c. “Applicable Law” means all applicable laws, rules, regulations, guidelines, statutory or government notifications including health ministry regulations, ART act regulations, Pharmacy Regulations etc.
d. “Confidential Information”: any information disclosed to a party by the other party concerning the business and/or affairs of the other party, including but not limited to information relating to a party's operations, technical or commercial know-how, specifications, inventions, processes or initiatives, plans, product information, pricing information, know-how, designs, trade secrets, software, documents, data and information which, when provided by one party to the other: a) are clearly identified as “Confidential” or “Proprietary” or are marked with a similar legend; b) are disclosed orally or visually, identified as Confidential Information at the time of disclosure and confirmed as Confidential Information in writing within 10 (ten) days; or c) a reasonable person would understand to be confidential or proprietary at the time of disclosure.
e. “Customer Data”: the data and information provided by You to Us through Your use of the Software. This data may include data of patients, doctors, staff and other individuals or venders or companies.
f. “Customer”, “Subscriber”, “You”, “Your” means any individual, entity or organization, having entered into any commercial transaction with Acssel IPL and who is using the software and whose data is being collected in software.
g. “Data Protection Laws”: all laws, rules, regulations, decrees, or other enactments, orders, mandates, or resolutions relating to privacy, data security, and/or data protection, and any implementing, derivative or related legislation, rule, and regulation as amended, extended, repealed and replaced, or re-enacted, as well as any applicable industry self-regulatory programs related to the collection, use, disclosure, and security of Personal Information including the EU General Data Protection Legislation.
h. “Force Majeure Event”: acts, events, omissions or accidents beyond Our reasonable control, including, without limitation, strikes, industrial disputes, failure of a utility service or transport network, Any acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, act of terror, Internet service provider failure or delay, Server failure or corruption of server by hacking, denial of service attack, fire, flood or storm, but excluding (a) financial distress or the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
i. “Major Release”: a Release of the Software that is designated by Us as such in accordance with our then-current naming convention (e.g. Major Release 3 -> Major Release 4).
j. “Minor Release”: a Release of the Software within a given Major Release that We designate through a respective change in numbering in accordance with our then-current naming convention (e.g. Release 4.2 -> Release 4.3).
k. “Malware”: anything or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the access to or operation, reliability or user experience of any computer software, hardware or network, telecommunications service, equipment or network or any other service or device, including worms, trojan horses, viruses and other similar things or devices.
l. “Order”: an order entered into between You and Us specifying the Subscription You have ordered, and the Fees owed thereunder, and such other terms as are agreed, including any addenda and supplements thereto.
m. “Personal Data”, “Data” refers to all the personal, non-anonymized data provided by the Customer about their staff, patients, doctors and other individuals.
n. “Subscription”: the subscriptions You purchase under an Order for Your use of to the Software and Support Services in accordance with the Agreement.
o. “Subscription Fees”: the Fees payable for the Software as set out in an Order.
p. “Subscription Term or period”: the Subscription Term and any subsequent Renewal Terms as set out in an Order.
q. “Support Services”: the support services, as described in the Support Services Description, that We provide to You in respect of the Software.
r. “Software”, “Application” means collectively, the full retail version of the Software, given on subscription to Software subscriber without source code and object code, together with any and all improvements, corrections, modifications, updates, enhancements or other changes, whether or not included in the current version, plus all System Documentation and User Documentation.
s. “Software Trade Secret” means any scientific or technical information, design, process, procedure, formula, or improvement included in the Software that is valuable, not generally known in the industry, and gives the owner of the Software a competitive advantage over those competitors who do not know or use such information.
t. “System Documentation” means all documentation used in the development and updating of the Software, including but not limited to, design or development specifications, error reports, and related correspondence and memoranda.
u. “Taxes”: any applicable sales, use, value added, duties, assessments, excise, withholding or other taxes assessable by any jurisdiction whatsoever based on the applicable Order Form.
v. “User”: those employees, agents and independent contractors of Yours or Your Affiliates who are authorized by You to use the Software in accordance with the Agreement, and to whom You have supplied a user identification and password (if applicable).
w. “User Documentation” means the end-user instruction manual that usually accompanies the Software instructing end users in the use of the Software in both printed and electronic form.
a. These Terms, together with any accepted Order between You and Us, comprise the Agreement between You and Us. The Agreement governs Your use of the Software and Support Services.
b. We shall make the Software available to You as a Subscription in accordance with the applicable Order. The Subscription Fees cover the use of the Software (in accordance with the subscription granted herein) and the provision of Support Services, as further described in the Agreement. These Terms do not apply in respect of any additional services such as any installation, integration, parametrization and/or adaption services related to the Software.
c. By signing an Order offered by Us, which references these Terms or by indicating Your acceptance through an “I accept” “Agree” button or similar electronic acceptance method, You accept the Order and agree to be bound by the Agreement.
a. In the subscription, software will be provided to the subscriber in “as it is format”, meaningly no customisation will be allowed and provided to the subscriber.
b. We are and remain exclusive owners of all rights (including without limitation the Proprietary Rights) in and to the Software and Documentation. You are granted a non-exclusive, non-transferable, revocable right to use the Software for the Subscription Term for Your own and Your Affiliates’ internal purposes (which specifically excludes any analysis of third-party data and any use of the Software for other companies/organizations is prohibited). You are responsible for all acts and omissions in breach of the Agreement by any such Users and Affiliates and accordingly, You will ensure that all Users and all Affiliates are made aware of the terms of the Agreement applicable to Your use of Software.
c. Any additional copies of the Software (in case of Local Server) and other materials We make available to You are only for Your internal backup or archiving purposes. You will treat the Software and provided materials as Confidential Information and shall undertake all required activities to ensure that no third party gains any access to the Software or provided materials.
d. You will not (i) copy, translate, or otherwise modify or produce derivative works of all or parts of the Software, it being understood that You will be entitled to copy the Documentation and materials accompanying the Software as is reasonably required for Your internal purposes; (ii) use the Software in breach of applicable laws or for any illegal activities, including without limitation to transfer data and information which is illegal or in breach of third-party Proprietary Rights; (iii) disassemble, reverse engineer, decompile, place at risk or circumvent the functionalities, performance, and/or the security of the Software; (iv) use all or any part of the Software in order to build a competitive and/or similar product or service; or (v) determine whether the Software is within the scope of any patent.
e. You will be liable to us for any damages incurred due to the unauthorized use of the Software, source code, or other materials provided by Us, including without limitation, any continued use of the Software outside the Subscription Term and any provision of the Software, source code, or other materials to unauthorized third parties.
f. If we found you are misusing the software, we may conduct an audit, If the audit reveals that You have used the Software beyond the scope of Your Subscription, we may immediately terminate the subscription and will impose the penalty equal to 1 year subscription fees on you.
g. You the subscriber, own all right, title and interest in and to Customer (Patient, Staff, Doctors etc) Data and shall have sole responsibility and liability for (i) the legality, appropriateness, and integrity of Customer Data; (ii) the completeness, reliability, accuracy and quality of Customer Data; (iii) obtaining and maintaining all necessary subscription and consents required to use Customer Data, if any; and (iv) Your entering of Customer Data into the Software. You acknowledge that (i) We will not be held responsible in any way for any Proprietary Right or other rights’ infringement or violation or the violation of any applicable laws, arising or relating to such Customer Data and/or communications; and (ii) that any Personal Data contained in Customer Data has been collected and is maintained in compliance with applicable Data Protection Laws.
h. All patient data, clinical data, financial data, operational data, reports, documents, images, records and databases generated through the software shall remain the sole and exclusive property of Subscriber. Acssel IPL shall have no ownership rights over such data. Subscriber shall have unrestricted rights to Export, Download, Backup, Migrate and original databases at any point of time. Upon termination of services, Acssel IPL shall provide complete data handover in usable electronic format without any withholding of information at charges defined by Acssel IPL.
i. We provide Support Services only for the most current Major Release of the Software. To ensure full use of the Support Services, You are advised to update and maintain Your Subscription to the latest Major Release.
j. Acssel IPL will provide support system to its subscribers, which shall include the Online and offline training as defined in quotation, helpline number, Ticketing system to resolve the issues, Remote support and escalation support. Training of all major modules and submodules will be provided. In Acssel Astra Three days of Online training will be provided free of cost, any additional online or any offline training if required will be charged as per policy of Acssel IPL.
k. Acssel IPL also provides the Acssel Assist on every page of the software, where subscriber and his/her staff can learn how to use or work on the software and train themselves. Acssel Assist has questions and answers in Multilanguage, with audio, and link of videos for using the software.
a. All subscriptions can be only purchased from Acssel IPL directly, we do not sale then though third party or resellers, in case if you have purchased from any third party, Acssel IPL will not be responsible for it.
b. Subscription fees are inclusive of subscription of Software copy charges, AMC charges, Maintenance charges, Service charges, Support charges and shared Server Charges. Any major or minor release charges will also be included in subscription fees.
c. Subscription fees are mentioned on subscription page of the Acssel IPL website. There are three types of subscription available on Acssel website.
d. First type is Free subscription, subscription will be provided free of cost to the subscriber for period of one month (30 days). After that the Paid subscription rates for specified period will be applied for the specified category. Here Subscriber has to create Auto pay account with UPI/Credit Card/Debit Card/ Banking System through a third party payment Gateway. To create auto pay account subscriber has to pay minimal payment of 5 Rs (five rupees).
e. Second type is Paid subscription, in which subscription will be provided to the subscriber at specified rate for specified period mention for each subscription. In the Paid subscription no hardware will be provided subscriber from Acssel IPL.
f. Third type is Paid subscription with Hardware, in which subscription will be provided to the subscriber at specified rate for specified period mention for each subscription along with hardware like tablet/Laptop in specified quantity as mentioned in subscription.
g. Acssel Astra is Multi centre and Multi user architecture, but subscriber has subscribe their additional branches. In Acssel Astra There will be limitation on number of user and their rights as defined by Acssel IPL for each subscription.
h. After the activation of the subscription, we will raise the invoice of the Subscription Fees subsequently on Monthly, Quarterly or annually basis as per Subscription term selected by the subscriber, in 5 days advance before you active subscription ends.
i. You have to complete the full payment before renewal date, All payments are due in advance, full payment without deduction or set-off on the date of Subscription. We must receive your full payment within 5 days after the date of renewal.
j. Without prejudice to any other rights We may have, if We have not received full payment for any overdue invoices, We will end the subscription on 6 th day after the renewal date, In case you want to restart the subscription, you will have to again subscribe the subscription on our website.
k. If you renew the subscription within 30 days of your last renewal date before end of subscription, we will provide you the same database on which you were working before. But if you fail to subscribe within 30 days of your last renewal date before end of subscription, Acssel IPL by default provide you a new subscription with New database with penally which will be decided by Acssel IPL. If You want to retrieve your previous database Acssel IPL will charge you a penalty equal to 1 year of subscription fees additional to regular subscription fees. Acssel IPL will save your previous database up to 60 days after deactivation of the subscription, after that we may or may not be able to provide you the previous database.
l. Additional Services - If required, Subscriber can opt for additional services like What’s app Integration and messaging, Text Message Service, Email Services, Social media Management services, SEO services, Website development etc. Charges for these services are separate, and separate invoices will be created which will be payable in advance to Acssel IPL.
m. Subscriber also can go for upgrade of subscription or can add other services in to his/her subscription. Acssel IPL will add relevant charges for those upgrades or additional services, which will be payable in advance as additional subscription fees or in separate invoice.
n. The Subscription Fees and AMC fees are non-refundable, non-transferrable and do not include Taxes, so additional taxes like GST will be charged on the bills. If We are required to pay your Taxes based on the Software provided under these Terms, then such Taxes shall be billed to and paid by You. If a deduction or withholding is required by law, You shall pay such additional amount and will ensure that the net amount received by Us equals the full amount which We would have received had the deduction or withholding not been required. This Section shall not apply to Taxes based on Our income.
o. Acssel IPL hold the right to adjust or increase the Subscription Fees time to time, But it will be with effect from Your next Renewal Term. When We increase the Subscription Fees, such increase shall not exceed 40% every year.
a. The day subscription is created and or paid, will be considered as date of subscription Activation or subscription delivery. Your subscription term will be effective from this date.
b. You will be required to provide the details as mentioned in Admin Login to the Acssel IPL, If you fail to provide those complete details, with whatever details available, your subscription copy will be created by Acssel IPL and Login Password will be provided to you within 5 Days of subscription Activation.
c. Complete copy of subscription with login and password for the Admin and other users (if required) will be provided within 5 days subscription activation.
d. In respect of new Releases, delivery shall be deemed completed on the date. We make the applicable new Release available to You by automatically.
e. In the event of changes to the rights granted to You pursuant to an applicable Order (e.g. extension of the Subscription Term, additional metrics, etc.), We shall provide You with a new details and will deactivate Your previously issued access key.
a. Your Subscription continues for the Subscription Term stated in the Subscription. Thereafter, the Subscription will automatically/manually renewed for successive periods of your specified Subscription Term (each a “Renewal Term”). Your Subscription will remain active and your login details will remain active till the period for which you have paid the Subscription fees.
b. You can terminate the subscription by cancelling, deleting, logging out or signing out of the Subscription or by cancelling the autopay or by not paying the subscription fees before the renewal Date.
c. If you cancel, delete, log out or sign out the Subscription anytime during the active subscription, still your Subscription will remain active for the paid subscription period. There will be no refund for not using subscription for this period.
d. If you cancel the autopay or do not pay the subscription and We do not receive subscription payment for any overdue invoices, We will end the subscription on 6 th day after the renewal date, In case you want to restart the subscription, you will have to again subscribe the subscription on our website.
e. Without prejudice to any other rights or remedies to which We may be entitled to terminate, an Order, Subscription or this Agreement without any refund and liability to the other at any time with immediate effect upon written notice if:
i. The subscriber Is in material breach of any of its obligations under the Agreement or an Order and, in the case of a breach which is capable of remedy, fails to remedy such breach within thirty (30) days of notice of the breach; or
ii. If Acssel IPL files a Voluntarily petition under bankruptcy or insolvency law; has a receiver or administrative receiver appointed over it or any of its assets; passes a resolution for winding-up) or a court of competent jurisdiction makes an order to that effect; becomes subject to an administration order; enters into any voluntary arrangement with its creditors; ceases or threaten to cease to carry on business; or is subject to any analogous event or proceeding in any applicable jurisdiction.
f. On termination of Your Subscription or this Agreement for any reason, You shall cease use of the Software and copies thereof and, at Your choice,
- Delete all details of the software including Login and Password, from all of Your equipment and storage media and certify to Us in writing that you have done so;
- Return these hardware you have received from us.
g. If you have received the hardware’s like Tablet/Laptop/Mobile from the Acssel IPL under the subscription, you have to return all those within 5 days after the termination of the subscription. If you fail to return them in “as Is Condition” exempting regular wear and tear, you will have to pay the MRP of those hardware as mentioned in Hardware Handover sheet. If you fail to pay the hardware cost also, Acssel IPL will be free to take legal action for the recovery of such items or its cost. Such delayed recovery will attract the interest rate of 18 % Annually with lawyer charges of Acssel IPL.
a. All programs, source code, object code, architecture, design, framework, standard product features, technical documentation, Software, apps, websites, system logins, manuals, literatures and any intellectual property such as patentable inventions / patents, Trademarks / logos, Copyrights, etc. created by Acssel IPL shall be proprietary rights of the Acssel IPL and subscriber shall not have ever any kind of rights on it.
b. Acssel IPL is providing only a non-exclusive, non-transferable, revocable right to use the software solely for its internal business operations and those of its affiliated centres, subject to the terms and conditions of subscription agreements.
a. In the event of if you face any Infringement Claim, We shall, at Our sole option and expense, (i) modify the infringing Software so that they cease to be infringing without loss of substantial functionality; (ii) replace the infringing portion of the Software with non-infringing software; or (iii) procure a subscription to enable You to legally continue using the Software
b. If We do not provide You above option, We may, at Our sole discretion, terminate Your Order for the affected Software with immediate effect and reimburse You any prepaid Fees covering the remainder of the Subscription Term and either take back the infringing Software to the extent possible or require You to remove or delete it.
c. We shall only be liable for any Infringement Claim provided You:
i. Provide Us with prompt written notice of the Infringement Claim;
ii. Do not enter into any settlement of the Infringement Claim without Our prior written consent; and do not undertake any other action in response to any Infringement Claim that is prejudicial to Our rights;
iii. Permit Us to exclusively control the defence, negotiations and any settlement of the Infringement Claim;
iv. Provide Us with reasonable information and assistance for the Infringement Claim; and
v. Use all commercially reasonable efforts to mitigate against any of Your losses, damages or costs related to the Infringement Claim.
d. We shall not be liable to You for Infringement Claims where the infringement is caused by:
i. Unauthorized changes You have made or that have been made on Your behalf to the Software or output thereof;
ii. Your use of the Software or output thereof outside the scope of the Agreement, Your Subscription, the applicable Order or the materials accompanying the Software.
a. Our aggregate liability to you for or in respect of any loss or damage suffered by you under or in connection with the agreement (whether due to breach of contract, tort (including negligence) or otherwise) shall be limited to the total amount of subscription fees payable in the last subscription preceding the date of the event for which the liability arises.
b. To the maximum extent permitted by applicable law, in no event will we be liable for special, consequential, incidental, or other indirect damages, including, but not limited to, loss of profits, anticipated savings, business opportunity, goodwill, loss of revenue, or costs of procurement of substitute goods or services arising out of the agreement, however caused and under any theory of liability (including contract, tort, negligence or otherwise), even if we have been advised of the possibility of such damages.
c. We both acknowledge that the fees are based in part on the limitations in this section.
d. The limitations in this section shall not apply to our IP indemnification obligations; liability for death or personal injury caused by our negligence or that of our officers, employees, contractors or agents; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.
e. You acknowledge and agree that you shall be responsible for producing back-ups of your data.
a. Acssel IPL acknowledges that subscriber shall be storing highly confidential and sensitive patient information and clinical records. Therefore, Acssel IPL shall:
Acssel IPL shall be responsible for any security lapse, negligence or data breach attributable to its systems, infrastructure, personnel or processes. Acssel IPL shall immediately notify subscriber of any suspected or actual security incident.
b. Subject to limitations in this Section, We warrant that the Software and any Releases shall substantially perform as specified in the Documentation during the Subscription Term, when used in accordance with the terms of the Agreement. Support Services will be rendered with due care, skill and ability, and in accordance with recognized standard of good practice. You acknowledge and are aware that, in accordance with the current state of technology, the Software can never be fully error-free, or operate entirely without interruption.
c. We particularly do not warrant
d. You agree that Your purchase of the Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments, statements or representations We made regarding future functionality or features.
a. Each party retains all rights in its Confidential Information. Both parties undertake to treat as confidential all of the other party’s Confidential Information acquired before and in connection with performance of the Agreement and to use such Confidential Information only to perform the Agreement. Confidential Information shall not be reproduced in any form except as required to accomplish the intent of the Agreement. Any reproduction of Confidential Information of the other party shall contain any and all confidential or proprietary notices or legends which appear on the original. With respect to the Confidential Information of the other party, each party: (a) shall take all those steps the receiving party takes to protect its own similar proprietary and Confidential Information, which shall not be less than a reasonable standard of care to keep all Confidential Information strictly confidential; and (b) shall not disclose any Confidential Information of the other to any person other than those Representatives whose access is necessary to enable it to perform the Agreement and who are obliged to maintain confidentiality to a similar extent as provided herein. Each party will be responsible for its Representatives’ compliance with the provisions of this Section. The parties each shall have the right to provide the Authorized Reseller with this Agreement.
b. A party which becomes aware of a suspected or actual breach of confidentiality, misuse or unauthorized dissemination relating to the other party’s Confidential Information shall inform the other party in writing without undue delay.
c. This Agreement shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, (b) is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (c) has become generally available to the public without a contractual breach by the receiving party; (d) at the time of disclosure, was known to the receiving party free of restriction; (e) the disclosing party has agreed in writing to be free of such restrictions; or (f) has to be disclosed pursuant to statutory law or court, administrative or governmental order. In such event, the receiving party shall inform the disclosing party of the applicable provision or order without undue delay, to the extent legally possible, in order to enable the disclosing party to seek legal protection or otherwise prevent or limit disclosure of the Confidential Information.
d. Upon request, the receiving party shall destroy or return to the disclosing party all materials containing any of the Confidential Information and any copies or derivatives prepared therefrom. However, this obligation to return or destroy Confidential Information shall not apply to copies of electronically-exchanged Confidential Information made as a matter of routine information technology backup and to Confidential Information or copies thereof which must be stored by the receiving party according to provisions of mandatory law, provided that such Confidential Information or copies thereof shall remain subject to the confidentiality obligations under this Agreement.
e. The obligations in this Section shall, with respect to each disclosure of Confidential Information, apply for a period of 5 (five) years from its first disclosure, provided, however, that trade secrets shall be protected until they are no longer trade secrets under applicable law.
a. You may, at Your sole discretion, provide Your input regarding the Software, products, services, business or technology plans, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of the Software, products and/or services, or input as to whether You believe Our development direction is consistent with Your own business and IT needs (collectively “Feedback”). We shall be entitled to use Feedback for any purpose without notice, restriction or remuneration of any kind to You and/or Your Representatives.
b. You acknowledge that any information that We may disclose to You related to the Software, Our other products, services, business or technology plans, under an Order or otherwise, is only intended as a discussion of possible strategies, developments, and functionalities of Our products or services and is not intended to be binding on Us regarding any particular course of business, product strategy, and/or development.
a. Neither party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other party for any delay or failure to perform its obligations hereunder if and to the extent such delay or non-performance is caused by a Force Majeure Event. The party affected by the Force Majeure Event shall: (i) promptly inform the other party of such delay or non-performance; (ii) use commercially reasonable efforts to avoid or remove the underlying cause of the delay or non-performance; and (iii) resume performance hereunder as soon as reasonably practical following the removal of the Force Majeure Event.
b. If at any time during the subsistence of this agreement the said software are subjected to Force majeure or corrupted or hacked or server damaged or thereof is rendered unfit for use by reason of any acts like In case of natural disasters like flood, tsunami, earthquake or human created disasters & conditions like war, curfew, Lockdown, Riots, pandemic, epidemic, any emergency (Force majeure event), where it won’t be possible for the subscriber to use it, the subscriber will not be obliged to pay the subscription fees to the Acssel IPL. Subscriber will notify the Acssel IPL by letter or mail about occurrence of such event within 30 Days of start and at end of force majeure.
Notices, consents demand or other communication required or permitted to be given or made under this Agreement shall be in writing and delivered personally or sent by registered post A/D, or by reputed local courier addressed to the intended recipient at its/ their address set forth below, or to such other address as a Party may, from time to time duly, notify to the other parties.
If to Acssel IPL
Address: 1006, Ambiance Park, Sector 19A, Vashi, Navi Mumbai, Maharashtra, India, Pin – 400 703
Attention: Dr. Milind Bhise
E Mail: admin@acssel.com
If to the Subscriber
Address: As mentioned on Subscription Login Page
Attention: Name of Subscriber
E-mail: As on Subscription Login Page
Any such notice, consent, demand or communication to Acssel IPL shall be deemed to have been duly served if given personally, on delivery thereof to the address of the recipient with acknowledgment of receipt, or if given by registered post A/D, 3 (three) days after posting the same by registered post or if sent by local courier, the next working day after the same has been delivered to the courier, in case of facsimile transmissions, a copy of the notice, consent, demand or communication shall be followed by personal delivery or sent by registered post A/D, as aforesaid. Acssel IPL can send notice by mail only.
a. In the event of dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this document, or in any way connected with the use or inability to use the software, the same shall be referred to the sole arbitration or a person to be appointed by Acssel IPL, and the decision of the arbitrator will be final and binding on all parties. The arbitration proceedings shall always be held in the Mumbai, Republic of India. All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the Republic of India.
b. By entering into this agreement and agreeing to arbitration, you agree that you and Acssel IPL are each waiving the right to file a lawsuit and the right to a trial by jury in jurisdiction of courts in Mumbai India only. in addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. you agree that you have expressly and knowingly waived these rights.
These Terms of Use represents the complete and exclusive understanding between You and Acssel IPL regarding Your purchase/subscription and use of the Software, and supersedes any prior purchase order, confirmation, advertising, representation, or other communication. If any provision of these Terms of Use is found to be void, invalid, or unenforceable, it shall be severed from and shall not affect the remainder of these Terms of Use, which shall remain valid and enforceable.
Acssel Infotech Pvt Limited - through its Authorized Signatory by Providing this agreement Subscriber - through its Authorized Signatory, by accepting Agree to the agreement.
Agreement of Acssel Astra Software - Aug 2026
Please read this software subscription agreement (“subscription”) for subscription of Acssel Astra, carefully before subscribing and using the software. By using the software, you are agreeing to be bound by all of the following terms included in the agreement. If you are accessing the software electronically, signify your agreement to be bound by all of these terms by clicking the “agree” button.
