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Terms of Service

Last Updated: December 19, 2024

Welcome to Optivantage. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using Optivantage's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Optivantage provides professional IT consulting and managed services, including but not limited to:

  • ISO/Cyber Security Audits & Compliance
  • AI Advisory & Transformation
  • IT Infrastructure Management
  • Managed IT Services (L1-L3)
  • Market Activation for SaaS/AI Products

Specific service details, deliverables, and terms will be outlined in individual service agreements or statements of work.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. By using our services, you represent and warrant that you meet these eligibility requirements.

4. User Responsibilities

4.1 Account Security

If you create an account with us, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your contact information is accurate and up-to-date

4.2 Acceptable Use

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Transmit malware, viruses, or harmful code
  • Attempt unauthorized access to our systems
  • Harass, abuse, or harm others
  • Engage in fraudulent activities
  • Interfere with the proper functioning of our services

5. Intellectual Property Rights

5.1 Our Content

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, and trademarks, are owned by or licensed to Optivantage and are protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for their intended purposes. This license does not include any right to:

  • Resell or make commercial use of our services
  • Collect or use product listings or descriptions
  • Make derivative works of our content
  • Download or copy content for others
  • Use data mining, robots, or similar data gathering tools

5.3 Client Materials

You retain all rights to materials, data, and content you provide to us ("Client Materials"). By providing Client Materials, you grant us a license to use, process, and store such materials solely for the purpose of providing our services to you.

6. Service Agreements and Payments

6.1 Service Contracts

Specific services will be governed by separate service agreements, statements of work (SOW), or purchase orders that detail:

  • Scope of work and deliverables
  • Timeline and milestones
  • Fees and payment terms
  • Service level agreements (SLAs)
  • Confidentiality and security requirements

6.2 Fees and Payment

Unless otherwise specified in a service agreement:

  • All fees are quoted in Indian Rupees (INR) or US Dollars (USD)
  • Payment is due within 30 days of invoice date
  • Late payments may incur interest charges
  • We reserve the right to suspend services for non-payment
  • Fees are non-refundable unless specified otherwise

6.3 Price Changes

We reserve the right to modify our pricing at any time. Existing contracts will honor the originally agreed-upon pricing for their duration.

7. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information disclosed during the course of our business relationship. Confidential information includes:

  • Business strategies and plans
  • Technical information and trade secrets
  • Customer and client data
  • Financial information
  • Any information marked as confidential

Confidentiality obligations will survive termination of the business relationship for a period of 3 years.

8. Data Protection and Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy. For detailed information about data protection, please review our Privacy Policy.

9. Warranties and Disclaimers

9.1 Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Specific service warranties will be detailed in individual service agreements.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OPTIVANTAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM
  • WE ARE NOT LIABLE FOR LOSSES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Optivantage and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any rights of a third party
  • Your Client Materials

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our services or have an active relationship with us.

12.2 Termination by You

You may terminate your use of our services at any time by ceasing to use our website and services and, if applicable, closing your account.

12.3 Termination by Us

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activities
  • Non-payment of fees
  • Any reason at our sole discretion

12.4 Effect of Termination

Upon termination:

  • Your right to use our services immediately ceases
  • We may delete your account and data
  • You remain liable for any outstanding fees
  • Provisions that by nature should survive will continue (e.g., confidentiality, liability limitations)

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date
  • Sending notice to your registered email (for material changes)

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

14.3 Arbitration

For disputes exceeding INR 10,00,000 (Ten Lakhs) or USD $12,000, parties agree to first attempt resolution through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India, before pursuing litigation.

15. Force Majeure

We shall not be liable for any delay or failure to perform our obligations due to events beyond our reasonable control, including but not limited to:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Pandemic or epidemic
  • Internet or telecommunications failures
  • Strikes or labor disputes

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Optivantage regarding the use of our services and supersede any prior agreements or understandings.

18. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

19. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

20. Contact Information

For questions about these Terms, please contact us:

Optivantage
159, Sector 9, Pocket 1, DDA
Dwarka, New Delhi - 110077, India

Email: contact@optivantage.in
Phone: +91 9971701239

Questions About Our Terms?

Our team is available to clarify any terms or conditions.

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Contact Info

contact@optivantage.in

+91 9971701239

159, Sector 9, Pocket 1, DDA
Dwarka, New Delhi - 110077, India

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