Terms of Service

By using instoCampuz – Campus Management Software Provided by INSTO Consultancy Service Pvt Ltd (Hereafter referred as  “ICS”) you, either an individual or a single entity (Hereafter referred as “Customer”) are agreeing to be bound by the following terms and conditions (“Terms of Service”).

ICS reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://www.instocampuz.com/terms

Violation of any of the terms below will result in the termination of your account. While ICS prohibits such conduct and Content on the Service, you understand and agree that ICS cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

STANDARD ACCOUNT TERMS

  1. Customer must provide the legal full name, a valid email address, contact number, and any other pertinent information requested in order to complete the signup process.
  2. Customer (User) login may only be used by one (1) person – a single login shared by multiple people shall not be permitted.
  3. Single center plan must only be used for one (1) center only – a single center used for multiple centers shall not be permitted.
  4. Customer must ensure that the user accounts of retired / terminated / resigned employee is freezed within the last day of their work.
  5. Customers is responsible for maintaining the security of user account and password. ICS cannot and will not be liable for any loss of information or security breaches that result from Customers failure to comply with this security obligation.
  6. Customer hereby considered fully responsible for all content posted and any and all activity that occurs under User account, even when certain content is posted by others who have accounts under User account.
  7. Customer may not use the Service for any illegal activities.
  8. Customer must not, throughout use of the Service, violate any applicable laws in jurisdiction, and this is including but not limited to copyright laws.

 

DATA DELIVERY, CORRECTNESS,  SECURITY, DOWNLOADING

  1. All required data for software implementation  are to be provided by the Customer in the prescribed digital formats only. No data, in any other form whatsoever, will be accepted.
  2. The Customer should duly verify correctness of the data before it is given to us. ICS will not be responsible for any error in software arising due to any wrong data provided to us. All data are to be provided within the mutually agreed time limit. ICS will not responsible for delay in installation of software arising out of such delayed data delivery by the Customer.
  3. ICS is strongly bound by this agreement not to share any data pertaining to Customer.

 

APPOINTMENT OF CAMPUS COORDINATORS AND NODAL OFFICER

  1. Customer should appoint CAMPUS COORDINATORS (one each in every campus) and a NODAL OFFICER to coordinate the activities in connection with instoCampuz implementation and running. And such appointment and alterations, if any, in future should be officially communicated to ICS in writing.
  2. All communications relating to instoCampuz will be routed ONLY through such Coordinators and Nodal Officers thereafter.

 

TRAINING

  1. The training on the usage of instoCampuz, report generation, minor troubleshooting and data entry etc will be conducted in two sessions at every institution soon after the implementation process. Customer should ensure that all its concerned staff/officials are attending the training in any one of such sessions mandatorily.

 

PROVIDING ACCESS TO THE USERS

  1. Customer should provide the list of all stakeholders (such as Staff / Concerned official / Students / Parents etc) to whom the access to instoCampuz is to be provided.
  2. Customer should also provide information on the status based hierarchy of users and the nature of access (enabling & disabling of certain features) to each of them.

 

WEB LICENSE AND RIGHT TO ACCESS

  1. After the installation and training and the FINAL SETTLEMENT OF PAYMENT DUES (IF ANY), ICS will then grant to the Client a non transferable, non-exclusive license of ‘Right To Access’ the software via internet and to use the software only as authorized in these Terms and Conditions.        
  2. The Software   will not be provided in CD-ROM form (or any other form of digital / print / electronic or any other media).
  3. The access and use of the Software will be web-based only.        

 

SERVER MAINTENANCE AND CONTROL

  1. The software will be hosted by ICS and accessed through Client‘s Computers via internet.
  2. The source code of instoCampuz Software and its architecture will not be shared with the Customer and Customer enjoys no right in whatsoever form or manner upon the instoCampuz Source Code, its architecture and other proprietary materials digital or otherwise.
  3. The Source Code of instoCampuz will not be installed in any servers or other computer equipment owned or otherwise controlled by the Client.

 

INTELLECTUAL PROPERTY RIGHTS

  1. instoCampuz is an web based software and it is offered to Customer as ‘SaaS’ – Software as a Service. The right of Customer is limited to accessing the ‘instoCampuz’ through its computers via internet and is purely conditional subjected to the conditions laid out in this agreement.
  2. The Software, its User Manual and Services are proprietary products and services and that all right, title and interest in and to the software, its User Manual and Services, including all associated intellectual property rights, are and shall at all times remain with ICS.
  3. The Client must treat the Software like any other copyrighted material and the Client may not copy or distribute the Software either in part or in full, the User Manual, electronically or otherwise, for any purpose.      

SUPPORT

  1. ICS will provide online, telephonic and email support to the Client during the business hours from Monday to Saturday, from 10AM to 6PM excluding holidays.
  2. Even though the problem is briefed through telephone to ICS official, it should be put on record by sending an email or generating a ticket to that effect.
  3. The support outside of the business hours is only provided for down or mission critical cases like unable to access, serious functional error etc.

 

PAYMENT

  1. 50% of the agreed amount to be paid at the time of placing the Purchase Order. Balance 50% at the time of granting ‘Access License’ after completion of installation and training.
  2. RENEWAL FEE has to be paid  before the software license is expired.  All the payments to be made by way of Cheque/Bank Transfer issued in favour of M/s. INSTO CONSULTANCY SERVICES PRIVATE LIMITED.
  3. There will be an increase of 15% or as applicable in the quoted rate in every three years.
  4. All fees are exclusive of taxes. GST of 18% is levied on every purchase.
  5. We consider the payment process to be complete only on receipt of the amount to ICS’s designated bank account.
  6. In case of cheque payment, the billing will be activated once the cheque is cleared.
  7. In case of cheque bounce, INR 1000 fine will be charged.
  8. We do not entertain refund and cancellation in any circumstances.

 

CUSTOMISATION AND FUTURE UPDATES

  1. Customizations to the instoCampuz modules will be carried out based on the proposal terms only.
  2. Any customization request received after the implementation will be charged extra.
  3. Security Updates and New features if any implemented by ICS will be provided for free.

 

DATABASE BACKUP AND RECOVERY

  1. Daily data backup will be carried out by ICS. In case of any issues ICS will restore the latest available version
  2. Daily data backup reduces the impact of data lose at the most unlikely event of any system crash etc.  

 

TERMINATION OF SERVICE       

  1. ICS reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently.
  2. Non-payment of maintenance fee results in  to termination the Services to Customer and ICS won’t be liable to any of the information in User Accounts.
  3. The access to the instoCampuz Software can be terminated by ICS upon non-payment of renewal fee. However, due notice prior to termination will be served in all such cases.
  4. Customer can terminate the service agreement by giving Two Months (2) notice to ICS.

 

GENERAL CONDITIONS

  1. Technical support is only provided to paying account holders.
  2. Customer acknowledge and understand that ICS uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. Unless with explicit permission from ICS, Customer agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
  4. We may remove Content and Accounts containing Content that we determine in our sole discretion are violating the terms of service, including but not limited to content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, explicitly obscene, generally objectionable or violating any party’s intellectual property.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ICS employee, member, or officer will result in immediate account termination and potential criminal charges.
  6. Customer must not transmit any worms, viruses or any other code of a destructive and furtive nature.
  7. ICS does not guarantee in any capacity that the service will meet all User specific needs.
  8. ICS does not guarantee that the service will be uninterrupted, secure or error-free, that the results that may be obtained from the use of the service will be definitively accurate or reliable at all times.
  9. Customer hereby and explicitly understand and agree that ICS is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, data or other intangibles, by means of the use or the inability to use the service, unauthorized access to Userdata, or any other matter relating directly to the Service.
  10. Delivery of any Maintenance service to Customer by ICS is subject to conditions beyond the control of ICS, including but not limited to, Acts of God, acts of any public enemy, fire, flood,  strikes, riots, weather conditions or any failures by ICS’s service providers, subcontractors, resellers or agents.
  11. The failure of ICS to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between Customer and ICS and supersedes any prior agreements between Customer and ICS including prior iterations of the Terms of Service.
  12. Any questions about the Terms of Service should be sent to support@instocampuz.com

 

APPLICABLE LAW AND DISPUTE SETTLEMENT

  1. Customer agree that this Agreement and any contractual obligation between ICS and User will be governed by the laws of India.
  2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or Useruse of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by ICS. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kochi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. Subject to the above Clause, the courts at Kochi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User use of the Website or the Services or the information to which it gives access.

 

SMS RATES AND DELIVERY TERMS

  1. Customer, the User of ICS, confirm that the mobile phone numbers to whom messages will be sent using ICS are authentic & belong to people Customer have personal, professional or business relationships with. Customer further confirm that Customer have not included in the list any number of any person(s) who is not known to Customer.
  2. Customer, the User of ICS, confirm that Customer can provide, on request, an auditable acceptance or permission from all such people whom Customer intend to send messages to using this service, to receive messages from Customer via SMS.
  3. Customer, the User of instoCampuz, agree to bear all responsibility for the messages and the content sent to User group by using this service. Customer agree to indemnify ICS against all complaints and claims arising out of violation of the NCPR provisions due to Useracts.
  4. Customer, the User of ICS, understand and agree that it is customer responsibility to consume the service within validity period offered to Customer, else the service will lapse after the validity period.
  5. Customer, the User of ICS, understand and agree that delivery reports of messages sent through the service are dependent on data provided to ICS by telecom operators, which in turn is shared by ICS with Customer. If the telecom operator does not provide data on delivery reports to ICS, ICS will not be able to pass on the same to Customer.
  6. Customer, the User of ICS, agree to follow all laws of the land and respect and abide by all directives, guidelines and circulars issued by TRAI, as maybe applicable, from time to time.
  7. Customer, the User of ICS, understand and agree that telecom operators can increase the price of services at anytime, and such increase being beyond the control of ICS, ICS can pass on such increase to Customer, fully or partially, by way of levying additional charges and /or deduction of proportionate credits from User account with ICS.
  8. Customer, the User of ICS, agree to follow all laws of the land and respect and abide by all directives, guidelines and circulars issued by TRAI, as maybe applicable, from time to time.

Last Updated : 31 March 2018