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Terms of Service

Term applicable for :

General Commercial and Payment Terms

1. Prices quote validity till 30 days from the date of email/hardcopy proposal/quotation or as per the date mentioned in the proposal/quotation whichever is earlier unless specifically extended on request.

2. Taxes as applicable to all or any of the price figures mentioned in the proposal.

3. Prices quoted in the standard proposal are prices for standard product only unless otherwise the proposal states that given price quote takes into consideration all the required and/or implied customization.

4. The standard product price does not include any onsite visit for demonstration or training.

5. Final price shall be quoted after finalization of implementation procedure, no. of visits, days of training, required customization & payment plan.

6. Quoted prices are for lifetime license of standard product unless otherwise stated.

7. Payment in case of distant purchase and delivery by mail/email: 50% of the product price to be paid in advance along with PO. Remaining 50% of the amount must be cleared on receipt of the License Key/dongle or Account Credentials.

8. If 100% payment is done in advance, we send a pre-activated license/account.

9. Payment in case of direct purchase and by hand delivery: 100% of the purchase price to be paid as advance or on delivery of Key/dongle or Account Credentials.

10. License/account will be fully activated and usable only after 100% payment.

11. In case of onsite visits for demonstration or installation and training, the client has to bear the cost of travel, lodging & boarding and an additional service charge of USD 200 per working day (8 hrs). This is tentative structure for onsite

Installation, Activation, Setup and Initial Training Terms

1. Setup of the software is provided to the client for independent either in CD or in form of downloadable link. However, downloadable link is suggested as it is updated regularly.

2. Software packet (containing the Hardware Dongle/USB Key and hard copy of Invoice) will be dispatched by mailed on the next working day of receiving the order and advance payment. The docket may take its due time to deliver, which is not in control of the solution provider.

3. An illustrated User's Guide is provided in softcopy along with the software. It can also be accessed from within the software.

4. Standard Software shall be deployed within __ working days of receiving order.

5. Training, Technical support and updates can be availed free of charge till the end of warranty period for the software or service.

6. Warranty period for the software or service is for one year from date of sale unless otherwise stated.

7. The period and provisions of Warranty for any hardware provided alongwith the software or sold separately depend on the warranty terms of the manufacturer and must be availed directly from the manufacturer or authorized dealer.

8. License/Account Activation, Installation, Training, Technical support or Customizations commence only after 100% payment dues are clear.

9. License/Account Credentials and Technical support for Installation, Setup and Training, and further technical help is rendered through email, telephone or desktop sharing.

10. Training of all modules shall be in phases and can be started on next day of deployment. However, if suitable at both ends, training can also be started on the same day of deployment.

11. Training of all implemented modules shall be accomplished in _____ days.

12. Support is provided on basis of ticket logged from website omrpeople.

13. Customizations (if any) are initiated after completion of training of standard software as per the terms for customization stated ahead in this document.

End User License Agreement

1. The product is a proprietary and Registered Trademark entity of the developer. The rights to reproduce are reserved with the owner of the trademark.

2. This product is sold, in form of a USB Device and Software Driver on CD Media/ Web link.

3. Source code in any form is not provided.

4. The ownership of the end-user is limited to the purchased copy of Device & Driver. The end-user is allowed to use his copy of Device and Software Driver Media for his own use only.

5. The end-user can use his purchased copy till the time he retains and keeps his Device & Software Driver Media safe. There is no time limit to the use of the software.

Product Security and License Key

6. A hardware lock (dongle) may be provided to deter piracy, so that at a time one license will run at one PC or one LAN or one Server (in case of browser based).

7. There is provision to register softkey on single cloud Server/PC where USB lock cannot be inserted. In case there is need to transfer soft license key to other server/PC, it can be done maximum once in a calendar year and maximum 5 times in the lifetime of a license, provided all previous years maintenance dues should be clear and current support term should be active.

8. For Browser based Software one copy of License is allowed to be installed for one Server. The server may be located in Lab or hosted on cloud. The software can be used by end users on more than one computers.

9. For Desktop based Software one copy of standalone License is allowed to be installed for one PC at a time. There is provision to run the software on more than one computers depending upon the chosen license option.

10. In case a Network based license for Desktop based software is purchased, this copy of license can be used for multiple PCs connected to one LAN.

11. In case any violation of license terms is observed, the developer retains the right to refuse any further transfer of license key. However, the user may keep using their currently active license.

12. License Option 1 (for increased mobility only for desktop application): If the user wants to use the same license on multiple computers or want to change computers frequently, then Software can be installed on multiple computers, and the unregistered USB key (dongle) should be used. This will allow the user to run the software at any computer wherever the USB key is inserted. But, in case of loss of such an Un-registered License Dongle, the license cannot be blocked, hence a new USB License Dongle may be purchased at the full license price.

13. License Option 2 (for increased safety): The computer on which the software is intended to be used is registered against the license. Software runs only when dongle is inserted on registered computer. Maximum upto 5 computers can be registered for any license. In this case if the License Dongle is lost, it becomes useless as it cannot be used anywhere except a registered computer, so a new Dongle may be purchased at the nominal price of Dongle plus Shipment charges.

14. In any of the cases, if the dongle is physically damaged, the damaged dongle must be returned and a new USB Dongle may be purchased at the price of Dongle (approx.. INR1500 /USD25) plus taxes and Shipment charges.

15. Operating System and supporting software licenses to be arranged by client where software is installed on client’s owned or outsourced PC/Server.

Technical Support and Update- AMC Terms after Warranty term

1. After 1 year, client can subscribe to Annual Maintenance Charges (AMC) to receive technical support and regular updates available for the standard product.

2. AMC will allow the client to upgrade the software to a newer available version of the features currently active on the client account.

3. PAYING THE AMC IS NOT MANDATORY TO RUN YOUR SOFTWARE.

4. AMC Term should not be confused with Software License Term. Expiry of AMC is not Expiry of License. If you have purchased a OMR People Software license, your License is valid for lifetime.

5. Though AMC is not mandatory, still it is good to have an active support available for technical products like software so that the work does not get stuck at any point. 

6. Client who do not want to pay AMC, may maintain a backup of your last working Installable setup & Installed Software folder. The backup should be kept safe so that they can reinstall it themselves anytime later as they will not be entitled to download and install updated version from the website.

7. As obvious, no company can provide lifetime free support as it costs time and money. Thus the clients are required to pay an annual fee, in case they may need technical support or wish to upgrade the software. However, without an active AMC, it is not feasible for us to extend any sort of technical help. If our help is required in installation, your all previous years AMC dues should be paid and current support term should be active.

8. Clients not willing to pay AMC may ask for help before the end of support term. After this date, any technical support shall be extended only if AMC is paid.

9. AMC is charged starting at 10% per year of the solution price.

10. AMC is proposed to increase @ 5% after every three years. However, if it is observed that the client installation and processes are settled and services required under the Annual Maintenance Contract are minimal, then this increment of 5% in AMC might be waived off.

11. Clients who pay AMC timely before expiry of their current active support term one month and regularly every year without gap, shall continue paying at 10%.

12. AMC term matches with the calendar year i.e for 01-Jan to 31-Dec in order to sync with the launch of new version and major updates that come up every year in January. AMC is payable in January every year.

13. This implies that a client who has procured the software in Aug16 will be required to pay AMC for next year in Aug17. He may pay for 4 months (Sep17-Dec17). However, if the client pays AMC upto Dec-2018 (for 12+4 months), they can avail a 25% discount for the extended term by paying for 12+3 months.

14. In any case technical support is valid only till 31 Dec of that year, even if the AMC was paid very late in December.

15. Clients who have not paid their AMC for the current term, and if they need technical support anytime during a unpaid term, they are required to pay AMC @ 15% of the solution price.

16. Clients who have skipped their AMC for more than one term, and if they need technical support anytime during a unpaid term, they are required to pay AMC @ 5% of the solution price for each skipped year, in addition to the 15% charge for the current year.

17. The reason for this incremental slab is that we cannot provide technical support on older versions of software, so mostly we have to update the software to current version to be able to provide support.

18. AMC does not include customizations for creating new reports, or adding new features or major change in functionality of existing modules.

19. AMC does not include onsite visits.

20. AMC does not cover any of the hardware products, sold. Additional charges shall apply for support and maintenance coverage of hardware products.

Terms for Customization

1. Any change required in the product outside the scope of the current package of standard features shall be treated as customization and entail additional charges on case to case basis. Charges are subject to judgment by the technical team.

2. We prefer not to consider minor changes in report layouts or procedures as customization, and keep it free of charge to the extent possible, if they are rarely required not exceeding 5 changes for an account.

3. However, to make the most of this provision, it is suggested that the user spends sufficient time in understanding and operating the software before presenting the list of customizations. Any customizations are undertaken after acknowledgement of delivery of proper demonstration and training and satisfactory working of the base product.

4. Also, it is important to acknowledge that, the work process in these software systems have evolved after many years of inputs, back-and-forth alterations and addition-and-deletion of various features and then have settled onto something that is most generic and widely beneficial. A user might suggest a change based on a limited vision for the facilitation of his current need, but might not have a comprehensive understanding of all that is to follow while the developers who have been doing this for years are aware of the implications in further steps. So we appreciate positive discussion regarding the need of a customization and to critically analyze its implications.

5. Layout alterations or customization of data query for changes in the existing reports or creation of new reports is In most cases we tend to accommodate the changes free of charge, if it pertains to minor alterations in the arrangement of a report that is generated out of a generic query.

6. However, if the changes affect to the extent of some programmatic alteration for creation of the desired report, or if the layout expected is time consuming, then it may be treated as chargeable.

7. Customizations for creating a new report which involve minor alterations in the arrangement of an existing report are usually achieved between USD 0-50.

8. Customizations for creating a new report which involve some alteration in data query program or software code are usually achieved between USD 100-200.

9. Customizations for integration of third party APIs are usually achieved between USD 100-150, never exceeding USD 200.

10. Customizations for change of interface or functionality or process flow which involve some alteration in software code may be charged starting USD 100 and may go up depending on case to case.

11. The customization charges in most cases are in the usual range, however they may also increase or decrease depending upon the task. In rare cases if customizations charges cross above the expected range, the client administrator shall be properly made to understand, why?

12. Once the customization charges applied for one type of customization shall serve as basis for minimum charges for similar customizations in future.

13. Most free customizations, when approved shall be delivered in due course of customization cycle, with a tentative time period of 1 month +/- 10 days. However, if any required change is incumbent or time bound, it may be charged.

Policy for Information and Data Security

1. Information security is critical to our business. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We store information gathered on secure computers. To prevent unauthorized disclosure or access to your information, we have implemented strong physical and electronic security safeguards.

2. The security of your personal information and email address is important to us. When you enter sensitive information (such as credit / debit card number) on our Payment Gateway Bank’s, they encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information and email address submitted to us, both during transmission and once we receive it.

3. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information and email address, we cannot guarantee its absolute security. We also follow stringent procedures to ensure we work with all personal data in line with the Data Protection Act 1998.

4. Please note that we have no control of websites outside the omrpeople.com domain. If you provide information to a website to which we link, we are not responsible for its protection and privacy. Always be wary when submitting data to websites. Read the site’s data protection and privacy policies fully.

5. It is important for you to protect against unauthorized access to your Login ID/password and to your computer. Be sure to sign off when finished using a shared computer and otherwise protect the password used to access the omrpeople services.

Security of Online Payments on our website or using omrpeople Software or Service

6. When you make payment using your card, all required transaction details are captured on the secured payment page, and encrypted using Industrial Strength Cipher, and are securely transmitted by Payment Gateway Service Provider and then it transfers them to your card issuer for obtaining an authorization decision.

7. At no time during the payment process or thereafter does omrpeople have access to, or store, your complete card account information.

8. Data Security in case of Lease/Rental/pay-per-use or onetime purchase where we provide ISP/Cloud hosting, the data is maintained at omrpeople server till the duration of active subscription. Client can anytime access a running copy of their data. Client can demand for the final copy of data to be handed over on expiry of subscription.

9. Though the data is most secured on our servers, still since the software is being used by several operators at the client end, we cannot take the responsibility to any misconduct or mal-play with information done by any of the users. It is suggested to strictly monitor the permissions given to each user of the software at regular intervals.

10. We understand that "Client’s Confidential Information" includes all information related to the business of the Client, which are not generally known to others engaged in similar businesses regardless of the form and whether oral, written, stored in a computer database or otherwise, which has been disclosed by the Client or any of his employees to us.

11. We understand that Confidential Information does not include any of the foregoing items, which has become publicly known and made generally available through no wrongful act of ours or of others who are under confidentiality obligations as to the item or items involved.

12. We undertake to ensure full privacy of the client's data. We will never lease, distribute or sell your information or data to third parties unless we have your permission or the law requires us to. Any information we hold about you is stored and processed under our data protection policy.

13. We hereby assure to take due care for maintaining the secrecy and confidentiality of such Information and all portions thereof during the term of our association with the Client and after the cessation of our association with the Client and surrendering any such information, in our possession, to the Client on cessation of our association with the Client and recognize without any objection or protest the unequivocal right of the Client to ascertain, from any Third Parties, any breach or threatened breach by us of this undertaking.

Refund Policy

1. In case of faulty debit card / credit card transactions for payments made to omrpeople, the refund should reflect in our customer's bank account within 2-3 working days as per the general bank policies. In case of faulty Net banking transactions, the refund should reflect in our customer's account within 4-7 working days as per the general bank policies.

2. Any refund claims associated with any valid issues identified with malfunctioning of hardware products will be considered for refunds subjected to investigation and in accordance with the terms of warranty for that product.

3. Any refund claims for expenses incurred in terms of man-hours/services rendered towards training and implementation including shipment charges of the products shall not be entertained.

4. Any refund claims for Software and Service purchases are considered only for a partial and limited refund only in specific cases. Refund policy for software and services does not consider any case for 100% refund.

5. Why we do not have 100% refund policy?

Since our products and service are software based products and services, the successful implementation and outcome of which also largely depends on the quality of hardware infrastructure on which these will be run and human-ware by whom these will be operated. To help the user to able to reach a certain level of operation is a very cost intensive process for the development and deployment team, as it involves spending quite some time and effort by cost intensive man power in training and setup of the account. This effort and investment when supplemented with suitable and efficient hardware and human-ware only can deliver the desired output. The willingness and ability of the user to learn and consistent effort on operation with systematic approach is a key parameter that dictates the success of an implementation. In case of failure, the reason for failure may not necessarily be the software.
Secondly, some of the software serve as utility tools that help achieve a accumulated task in a short period of time. It has been observed that sometimes users procure the software for a specific purpose or event like examination evaluation and ask for a refund after the purpose is fulfilled. For these reasons and to compensate for the cost of time spent in consultation, these software/services are not 100% refundable.

6. Partial Refund Policy for Software and Service purchases is applicable only for buyers that are organizations registered in countries of US, UK and Australia. Partial refund policy does not hold good for individual buyers even in these countries.

7. Partial Refund Policy entitles the buyer for partial refund if license/account suspension is requested at following stages:

1. For Softwares procured on Onetime Purchase Option

2. 75% refund, if suspended within one week of order, provided setup and training has not been done.

3. 50% refund, if suspended after setup and training or after one week and within one month of order, provided no specific service like data importing or sheet design or any customization has not been executed.

4. For Softwares procured on Annual Lease/pay-per-use Option

5. 80% refund, if suspended within one week of order, provided training has not been done.

6. 50% refund, if suspended after setup and training or after one week and within one month of order, provided no specific service like data importing or sheet design or any customization has not been executed.

System Requirements For Installing On Your Own Server/Pc/Lan/Lab

1. Browser (Server) based Softwares

a) In case you have purchased ECAS/IAS and are going to establish your own server, then please install the server according to specifications given below.

1. Operating System: MS Windows 7 / 8 / 10  /  Server 2008

2. Processor: 4 Cores Minimum, 8 Cores recommended beyond 50 concurrent logins

3. RAM: 16GB Minimum for lighter load (32GB or higher optimally recommended for upto 50 concurrent users)

4. HDD Space: 50GB Minimum (for Installation & Auto Backup) (Separate Drive/Partition Recommended)

5. SQL Server 2008 / 2008 R2 / 2012 / 2014 ( 32 / 64 bit) (Express / Web / Standard / Enterprise / Datacenter) (The variant of SQL server is selected as per load. For higher workload and or better performance SQL Standard or higher is recommended)

6. Configure LAN / Static IP / Domain (for accessing in Lab or Over the Internet)

7. Configure IIS with .Net Framework 3.5 SP1 or higher

b) Other provisional arrangements (as and when required)

1. Latest Version Browser (Google Chrome Recommended)

2. Windows Installer 3.1 / 4.5

3. Unzipping Software, Antivirus, PC Cleaner, PDF Reader & Writer

4. Windows PowerShell 1.0 (if Required)

5. MS Office (if Required)

6. Crystal Reports 8.5 (if Required)

7. Do not change regional (date-time) settings to India. Let it be U.S. (default).

c) The software client/user interface can be run on any current day Internet Browser running on Windows OS. Google Chrome is recommended.

2. Desktop (PC/LAN) based Softwares (Applicable for ECAS only. Not applicable for Online Test) Following are the requisites for a computer to be able to run ECAS.

1. Operating System: Any version of Windows (Windows XP, Vista, 7, 8, 10)

(if windows XP, it requires Windows Installer 3.1 / 4.5)

2. Database : MS Access for Standard version

3. Internet connection for Standard Version,

The PC/LAN version of Software is a standalone application which installs and runs on the computer as an EXE. It is not a web-based or browser-based software so there is no question of any browser compatibility; 
Internet is required only if you want to upload/download data on sharing server;

4. LAN/ Network connection for additional Terminal licenses on LAN/Network,

1. All the terminals must be on same LAN (single gateway).

2. Base computer shall be used as virtual lock server. It should allow inserting USB dongle.