Terms & Conditions
Last Updated: 1st January 2025
Introduction
Digital Tranzform Private Limited ("we," "us," or "our") operates https://digitaltranzform.com & https://dtxirm.com (the "Sites"). This page informs you of our policies regarding the collection, use, and disclosure of Personal Information we receive from users of the Sites.
By using the Site, you agree to the collection and use of information in accordance with this policy.
Services of the Provider
The Provider grants the Customer the use of the most current version of the Software via a remote data connection by means of access through a browser.
The Provider warrants the functionality and availability of the Software for the duration of the contractual relationship and shall maintain it in a condition suitable for use in accordance with the contract.
The functional scope of the Software essentially includes the following:
The Provider shall not owe any adaptation to the Customer's individual needs or IT environment, unless the parties have expressly agreed otherwise in writing.
The Provider shall also be obliged to offer training on the use of the Software in a suitable manner and scope.
The Provider shall regularly perform maintenance on the Software and inform the Customer thereof in due time.
The Provider may update and further develop the Software at any time and, in particular, adapt it due to a changed legal situation, technical developments or to improve IT security.
If the Provider has significant new features or upgrades of the Software available, the Provider shall offer them to the Customer, notifying the Customer of the additional costs associated therewith.
Memory space
Within the scope of the use of the Software, the Provider shall provide the Customer with storage space in a product-specific appropriate scope on a data server of the Provider or a third party commissioned by the Provider. The Customer may use this storage space to store, view and process certain data that is necessary for the use of the Software.
The Provider shall only owe the provision of the storage space and the securing of the data transmitted and processed by the Customer.
The customer undertakes not to store any content on the memory space provided whose provision, publication or use violates applicable law, official requirements or the rights of third parties.
The customer is not entitled to make the memory space made available to him available for use by third parties, either for a fee or free of charge.
Scope of use and rights
The Provider is the sole and exclusive owner of all rights to the Software provided.
The customer receives simple, i.e. non-sublicensable, non-exclusive, non-transferable rights to the most current version of the Software, limited in time to the duration of the contract and the agreed territory, to use the Software in accordance with the contractual provisions.
The Software is not physically transferred to the customer; the Software remains on the Provider's systems.
The customer may only use the Software as intended and within the scope of its own business activities by its own personnel. The customer is not permitted to use the Software for any other purpose.
The source code of the Software shall not be made available to Customer and Customer agrees not to reverse engineer, disassemble, decompile, translate or make any unauthorized disclosures itself, or cause or permit any such reverse engineering, disassembly, decompilation, translation or unauthorized disclosures to be made, except to the extent permitted by applicable mandatory law.
The Customer may not duplicate the Software
The customer is not authorized to grant rights of use to the Software, the documentation and other accompanying materials supplied to third parties. Excepted from this is the transfer of the use of the Software to such third parties to whom no independent right of use is granted and who are subject to the instructions of the customer with regard to the use of the Software.
To the extent necessary for use in accordance with the contract, the Customer grants the Provider the right to duplicate the data stored by the Provider for the Customer and to store this data in a failover data center.
Troubleshooting
The Customer shall immediately report any malfunctions to the contact details provided on the Provider's website. Fault reporting and correction is guaranteed within business hours.
The Provider shall remedy serious malfunctions (the use of the Software as a whole or a main function of the Software is not possible) even outside business hours at the latest within 2 days of receipt of the report of the malfunction - provided that the report is made within Business Hours. If it is foreseeable that the malfunction cannot be remedied within this period of time, the Provider shall inform the Customer thereof without undue delay and shall notify the Customer of the expected exceeding of the period of time.
Obligations of the Customer
The Customer undertakes to establish and maintain the necessary remote data connection between the Delivery Point defined in this Agreement and the Customer's IT system in order to use the Software and the associated service offerings.
The contractual use of the Software requires that the hardware and software used by the Customer, including workstations, routers, data communication equipment, etc., meet the minimum technical requirements for the use of the Software (the "Minimum Requirements"). The Minimum Requirements have been communicated to the Customer by the Provider. The configuration of the Customer's IT system required for the use of the Software shall be the Customer's responsibility; however, the Provider offers to support the Customer in this respect against payment on the basis of a separate agreement.
The Customer shall protect the access data transmitted to it against access by third parties and keep it safe in accordance with the state of the art. The Customer shall ensure that it is only used to the contractually agreed extent. The Provider shall be notified immediately of any unauthorized access.
The Customer shall check the data for viruses or other harmful components before storing them or using them in the Software and shall use state of the art measures (e.g. virus protection programs) for this purpose.
The Customer is responsible for regularly making appropriate data backups.
The Customer warrants that the content and data stored on the Provider's servers, as well as its use and provision by the Provider, do not violate applicable law, official orders, third-party rights or agreements with third parties. The Customer shall indemnify the Provider against claims asserted by third parties on the basis of a violation of this clause upon first request.
Defects of title; indemnification
The Provider warrants that the Software does not infringe any third-party rights. The Provider shall indemnify the Customer against all claims of third parties due to infringements of property rights for which the Provider is responsible in connection with the contractual use of the Software upon first request and shall reimburse the Customer for the costs of reasonable legal action. The Customer shall inform the Provider without undue delay of any claims asserted against it by third parties on the basis of the contractual use of the Software and shall grant the Provider all necessary powers of attorney and authority to defend the claims.
The claim for exemption according to paragraph (1) expires if the Customer does not inform the Provider immediately about the assertion of claims by third parties, unless there is a case of unlimited liability.
Terms of remuneration and payment
In return for the services of the Provider, the Customer shall pay to the Provider the agreed fees plus the applicable value added tax (the "Fee"). The Fee is dependent on the actual use of the Services.
The Fee shall be adjusted in accordance with the agreed conditions in the event of changes to the scope of functions in accordance with the agreed conditions. In this case, the fee increase applies from the time the same will be informed
The invoice is issued on a monthly basis. The invoice is due for payment within 14 working days
In the event of additional costs, the Provider shall be entitled to increase the Fee to be paid accordingly at its reasonable discretion.
The Provider shall inform the Customer in text form of any changes to the Fee six weeks before the change takes effect.
Data protection; secrecy
The parties shall comply with the applicable data protection provisions applicable to them in each case.
If and to the extent that the Provider has access to personal data of the Customer within the scope of the provision of services, the Parties shall conclude a corresponding order processing agreement prior to the start of the processing and attach it to this Agreement as an annex. In this case, the Provider shall process the relevant personal data solely in accordance with the provisions set forth therein and in accordance with the Customer's instructions.
The Provider undertakes to maintain secrecy about all confidential information (including business secrets) which it learns in connection with this Agreement and its performance and not to disclose, pass on or otherwise use such information to third parties. Confidential information is information which is marked as confidential or the confidentiality of which has been communicated in written or electronic form. The obligation to maintain confidentiality shall not apply if the Provider is obliged to disclose the confidential information by law or on the basis of a final or legally binding decision by an authority or court.
Legal Jurisdiction
Any dispute or conflicts will be resolved via Arbitration. In the event there are any legal disputes then the same will be resolved within the jurisdiction of the courts of New Delhi, India.
Digital Tranzform Private Limited
T-6, Ground Floor, Okhla Phase 2, New Delhi - 110020
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