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TERMS AND CONDITIONS
- Together with the Privacy Policy, these Terms of Service are a contractual Agreement between Miracle Accounting Software (hereinafter Also referred to as “AK Softwares”) and our users, so please read them carefully before accessing or using Miracle Software. In consideration of the mutual promises contained in this Agreement, you and Miracle Software agree as follows:
Subscription to Miracle Software (aka "Miracle Software AMC")
- During the Term and in accordance with this Agreement, Customer may access and use the products which Customer subscribed to, whether by paid subscription, free trial or promotion (each a “Product”), as referenced in the invoice or quote executed by Customer (the “Order Form”). Each Product may include updates, mobile apps, and support services, applications or documentation. Each of these are subject to the terms of this Agreement as applicable. Miracle Software may add to, change or discontinue any component of the Products at any time; provided however, that no such change shall materially increase Customer’s obligations or materially decrease Customer’s entitlements under this Agreement. Customer is responsible for all actions taken under its Miracle Software account credentials, regardless of whether such actions are taken by Customer, their employees or a third party. Customer will safeguard all account credentials in its possession or under its control. Miracle Software is not liable for any loss or damage arising from any unauthorized use of Customer’s account.
Grant of License:
- During the Term, Miracle Software grants Customer a limited, nonexclusive, non-transferable, nonsublicensable, revocable license to access and use, and to permit its employees and all other users who access and use the Products on Customer’s behalf (collectively, the “Users”) to access and use, the Products on the terms set forth in this Agreement. Customer agrees that all rights, title and interest in and to all the intellectual property rights in the Products, and all modifications, extensions, scripts and other derivative works of the Products provided or developed by RKIT Software (Developer), including the Beta Technology, are owned exclusively by RKIT Software - Rajkot or its licensors. All rights not granted to Customer in this Agreement are reserved by Miracle Software.
User License Rights & Restrictions:
- Customer and any Users shall not (and shall not allow any User or third party to):
- - Decompile, disassemble, reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Products, by any means whatsoever.
- - Distribute viruses or other harmful or malicious computer code via or into the Products.
- - Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Products.
- - Remove any product identification, copyright or other notices from the Products.
- - Sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Products in whole or in part, to any third party.
- - Use the Products for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Products to or for the benefit of third parties.
- - Modify or incorporate into or with other software or create a derivative work of any part of the Products, unless agreed to in writing by Miracle Accounting Software.
- - Use the output or other information generated by the Products for any purpose other than as contemplated by this Agreement.
- - Use the Products for any use other than Customer’s internal business use.
- - Use unauthorized modified versions of the Products, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Product.
- - Use the Products in any way that is contrary to applicable local, state/provincial, federal, regional and foreign laws, including without limitation those relating to fiscal laws and GST/VAT regulations, as well as privacy, data protection, electronic communications and anti-spam legislation. Miracle Software retains all title to, and except as expressly licensed herein, all rights to the Products, all copies, derivatives and improvements thereof, and all related materials.
Terms of Agreement:
- The “Initial Term” shall mean the number of months in the term as specified in the Order Form, beginning on the date specified in the Order Form (“Subscription Start Date”). Upon expiration of the Initial Term and unless otherwise stated in the Order Form, this Agreement will automatically renew for a duration equal to the Initial Term (each a “Renewal Term”, the “Current Term” being the Initial Term or the then-current Renewal Term (as the case may be); and the Initial Term and all Renewal Terms collectively, the “Term”) until terminated by Customer or miracle accounting software by delivery of written notice to the other party at least ninety (90) days prior to the end of the Current Term, or such period of notice equal to the Current Term where the Current Term is less than ninety (90) days. If no Order Form has been provided, the minimum period of notice required to be given shall be thirty (30) days. In the case of Products licensed on a trial basis, the Term of this Agreement shall be limited to the duration of the trial period identified in the Order Form. Except as otherwise specified herein, Customer may not terminate this Agreement prior to the expiration of the Term.
Refunds & Payments:
- Customer shall pay Miracle Accounting Software the annual and/or monthly fees (“Fees”) specified in the Order Form, in accordance with the timing and currency specified in the Order Form. If no Order Form has been provided, the Fees will be as set out on the websites for the relevant Products. Unless required by applicable law, all payments by Customer to Miracle Accounting Software under this Agreement are non-refundable and made via the payment method specified by Customer in the Order Form, or as otherwise agreed in writing by the parties. Customer shall undertake any additional actions reasonably requested by Miracle Accounting Software to implement any automated Fee payment process. Any amounts past due shall accrue interest at a rate which is the lesser of: one and a half percent (1.5%) per month or the maximum rate allowable by law. Any assessment of late fees shall be without prejudice to Miracle Accounting Software’s right to suspend Customer’s access to the Products. Any applicable goods and services or taxes will be added to Fees owing pursuant to this Agreement.
CANCELLATION POLICY:
- Subscription-Based Products/Services
- For subscription-based products or services, you can cancel your subscription at any time. Upon cancellation, you will continue to have access to the product or service until the end of the current billing cycle. No further charges will be incurred. To cancel your subscription, please follow the instructions provided in your account settings or contact our customer support team.
- Perpetual license products
- Perpetual license products are one-time purchases without an expiration date. Cancellation is not applicable to perpetual license products as they are not tied to a subscription model. Miracle Software Once Sold Will Not Be Taken Back. However, you may be eligible for a refund if there is any Technical Issues, Dissatisfaction or Unauthorized Charges,
Refund Policy:
- Eligibility for Refund
- We offer a refund within a specified period for the following cases:
- a) Technical Issues: If you encounter significant technical issues or compatibility problems with our software that prevent its proper functioning and our support team is unable to resolve the problem within a reasonable time frame.
- b) Dissatisfaction: If you are dissatisfied with our software’s features or performance and have communicated your concerns to our support team, providing constructive feedback.
- c) Unauthorized Charges: If you notice unauthorized charges on your credit/debit card resulting from a purchase made on our website.
Refund Process:
- To request a refund, please follow these steps:
- a) Contact Customer Support: Submit a refund request to our customer support team, providing relevant details about your purchase, such as order number, date of purchase, and reason for the refund.
- b) Evaluation: Our support team will evaluate your request based on the eligibility criteria mentioned in above section.
- c) Refund Decision: If your request meets the eligibility criteria, we will initiate the refund process within 7 business days. The refund will be issued using the original payment method. Please note that it may take additional time for the refund to appear on your account statement, depending on your financial institution.
- d) Software Deactivation: Upon refund approval, you will be required to uninstall and deactivate the software. Any further use or access to the software may result in legal consequences.
Exclusions:
- The following situations are not eligible for refunds:
- a) Change of Mind: If you decide that you no longer want to use our software or services but it is functioning as intended and there are no technical issues.
- b) Third-Party Products/Services: Refunds are not available for products or services provided by third-party vendors, even if they are sold through our platform. Please refer to their respective refund policies.
- Please note that this policy applies only to purchases made directly from our company. If you acquired our software through a third-party retailer or distributor, please refer to their respective refund and cancellation policies.
Shipping & Delivery :
- Miracle provide software that is downloadable in nature and involves no shipping so you will get email right after you made a purchase on our website . For other services, we do not guarantee the time of product delivery since it may vary from one product/service to another. Software download orders will be fulfilled via separate email confirmation to the customer. The software download email will include download links and instructions on completing a download.
- Some purchased items may require us to issue you with a license key. We will contact you to collect information from you regarding the host ID of the computer you wish the license key to be generated against. Once we have received this information from you, your license key will be generated and sent to you immediately. in most of the cases our software support team will call you and install the licence key and other required details for software installation
Maintenance Activities:
- It may be necessary for Miracle Software to perform scheduled and/or unscheduled repairs or maintenance, or remotely patch or upgrade the Product. This may temporarily degrade the quality of the services or result in a partial or complete outage of the Product. Miracle Software will endeavour to carry out such work during times that will cause the least disruption to Customer’s business. Customer shall cooperate, if necessary, to perform such work.
Termination and Suspension:
- In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement by giving the breaching party written notice specifying the nature of the breach in reasonable detail and the non-breaching party’s intention to terminate (a “Termination Notice”). If the breach has not been cured within the period ending thirty (30) days following delivery of the Termination Notice, then this Agreement shall automatically terminate.
- Notwithstanding the foregoing, Miracle Accounting Software may suspend Customer’s access to the Products immediately without notice if Miracle Accounting Software, in its sole discretion, believes:
- - Such suspension is required by law.
- - There is a security or privacy risk to Customer.
- - Customer is infringing or violating the rights of third parties, or acting in a manner that is abusive, profane or offensive.
- - Customer does not pay its Fees or any invoices in a timely manner.
- - Customer is in breach of any material provision of this Agreement, including its license restrictions or confidentiality obligations. Any suspension of Customer’s access to the Products will not limit or waive Miracle Software's rights to terminate this Agreement or Customer’s access to the Products.
- Upon termination of this Agreement, Customer shall discontinue its use of the Product(s). Notwithstanding the foregoing, termination of this Agreement by Miracle Software shall not limit Customer’s obligation to pay all of the applicable Fees, nor restrict Miracle Software from pursuing any available remedies, including injunctive relief. Any instalments that have not yet matured will become due immediately upon termination. Customer agrees that following termination of Customer’s account and/or use of the Product, Miracle Software may immediately deactivate Customer’s account and delete Customer Data. Customer further agrees that Miracle Software shall not be liable to Customer nor to any third party for any termination of Customer’s access to the Product or deletion of Customer Data in accordance with this Agreement. Sections discussing license restrictions, Refunds & Payments, confidentiality, Customer representation, indemnification, and limitation of liability shall survive termination of this Agreement, along with any other provisions that are intended by their terms to survive.
Intellectual property:
- All Intellectual Property Rights in the Miracle Software Products or the Services belong to Miracle Software or the applicable third-party owner of such rights, including without limitation, the Software Providers. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. Miracle Software retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Miracle Software.
- No part or parts of the Miracle Software Products may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without Miracle Software prior written permission. The User may view, print or use Miracle Software's content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
- The User shall not claim any rights or interest in the Intellectual Property Rights of Miracle Software, or in connection with any other services, features or product offered by Miracle Software to the User, including without limitation, the Miracle Software Products or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of Miracle Software (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation.
- Converting the IP Property from a machine-readable form into a human-readable form.
- Disassembling or decompiling the IP Property by using any means or methods to translate machinedependent or machine-independent object code into the original human-readable source code or any approximation thereof.
- Examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs.
- Performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling.
- Making any alteration or change to the IP Property without the express prior written consent of Miracle Software.
Content:
- VasyERP does not claim any Intellectual Property Rights over the Content You provide on the Store. All rights in the Content a User uploads remain with the User.
- By uploading Content, You agree: (a) to allow other internet users to view the Content you post publicly to your Store; (b) to allow Miracle Software to store, and in the case of Content you post publicly, display and use your Content; and (c) that Miracle Software can, at any time, review and delete all the Content submitted through a Miracle Software Product, although Miracle Software is not obligated to do so.
- You retain ownership over all Content that you upload to the Store; however, by making your Store public, you agree to allow others to view Content that you post publicly to your Store. You are responsible for compliance of the Content with any applicable laws or regulations.
- Notwithstanding anything contained in clause 15 (Intellectual Property), VasyERP shall have the non-exclusive, worldwide and royalty free license to use the names, images trademarks, service marks and logos associated with your Store to promote its Services. You grant VasyERP a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of any Content provided by You, including photos and videos of the products listed by You.
Governing law and jurisdiction:
- These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles.
- In case of any differences, disputes or disagreements between the User and Miracle Software (“Dispute”), the User and Miracle Software shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.
- In case the User and Miracle Software are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or Miracle Software , be referred to arbitration by a sole arbitrator appointed by Miracle Software . The seat of arbitration shall be Bangalore and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and Miracle Software.
- Subject to Ahmedabad Jurisdiction only. E. & O. E.
DEBIT CARD/CREDIT CARD, BANK ACCOUNT DETAILS:
- · Payment(s) through this Service may only be made with a Credit Card, Debit card or Net Banking.
- · The Applicant agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the Applicant shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Applicant further agrees and undertakes to provide correct and valid debit/credit card details.
- · The Applicant may pay for Product / Service to RKIT by using a debit/credit card or through online banking account. The Applicant 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:
- i. The Applicant is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- ii. The Applicant is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- iii. The Applicant authorizes debit of the nominated card/ bank account for the payment of fees selected by such Applicant along with the applicable Fees.
- iv. The Applicant 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.
TRANSACTION CHARGES:
- · AK Softwares does not charge any processing fee or service charge from the Applicants for online payment. However applicants have to bear the necessary transaction charge plus service tax applicable for online payment of Application fee. This charge will be taken by e-payment solution provider for giving this service. Charges are mentioned in RKIT payment Portal where Applicant proceeds for online payment.
PAYMENT GATEWAY /NET BANKING DISCLAIMER:
- · The Service is provided in order to facilitate access to pay Application fee online. RKIT or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
- · AK Softwares reserves the right to vary these Terms and Conditions from time to time and the current version will be that published on this website. AK Softwares also make additions/deletions/alteration to the Product / Services offered, at its sole discretion. RKIT reserve the right to withdraw the Product / Services at any time at its discretion. AK Softwares retain the right to change the terms and conditions for online purchase of Product / Services.
END OF TERMS OF SERVICE:
- If you have any questions or concerns regarding this Agreement, please contact us at Miracle Customer Care "miracleahmedabad@gmail.com"
