“Terms of Service” (TOS) www.logivigil.com


Section 1:-

1)The use of www.logivigil.com herein referred as “software” ,(or) "website" (or) “logivigil.com” which is owned and maintained by Nissi Infotech Private Limited herein referred as “NIPL” is governed by the terms and conditions set forth below.


2)The person to who has paid "NIPL "for the "software" and confirmed by the "payment acknowledgement" herein referred as "“Indian customer”.



3)"NIPL" offers the “software”, as per the "commercial plan" signed up by to the “Indian customer”. The details of "commercial plan" signed up by “Indian customer” will be available in either the “quotation’ number referred in payment acknowledgement for those who contacted via email . For those who placed order online the "commercial plan" details will be available in the “order confirmation” details sent by NIPL.


4)The “Indian customer” upon acceptance of all terms and conditions stated herein and by accessing, using, subscribing, or placing an order over the Website, (or) directly via mail communication , “Indian customer” agrees to the terms set forth herein.


5)By using or continuing to use the “software” , it is deemed as “Indian customer” has fully agreed to all these terms and conditions in their entirety. The “Indian customer” is not authorized to use the "software" in any manner or form whatsoever in case “Indian customer”is not in agreement with any of the clause of this "terms of service" .



6)THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“Terms of Service”) FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN “Indian customer” AND “NIPL”. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY WWW.LOGIVIGIL.COM, ANY ORDER PLACED BY “Indian customer” THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.



7)"NIPL" reserves the right to update and change, from time to time, to this "terms of service". “Indian customer” agrees to check this page periodically for changes. “Indian customer” can find the most recent version of these Terms at
https://logivigil.com/contract-0011612015324635.html . On the part of NIPL to encourage “Indian customer” to check this page periodically, NIPL will send minimum 4 quarterly reminders to “Indian customer” . Use and continuous use of the "software" by “Indian customer” constitutes the acceptance of all such changes and terms. Any new features, modules, or tools which are added to the current “software” shall also be subject to the Terms.


8)Document ref number:- Nissi/Logi/D1/20-21
Updated as Saturday, January 30, 2021. To know if this “Terms of Service” document has been updated , NIPL encourages “Indian customer” to check this "Document ref number & date" to know the changes.








Section 2:-

This “terms of service” is applicable to the following “commercial plans” of logivigil.com


1)"Logivigil wisdom "-( 1-10 module -yearly payment plans)
2)"Logivigil prudence" (5 year , 10 year term plans)
3)"Logivigil -Insight"- (monthly,quarterly,half yearly plans )




Section 2:- Meaning and definitions of some of the words used in this “terms of service”:-
types of " user license subscription plans" provided by www.logivigil.com


1) "Logivigil -Insight" Monthly user license charges (MULC) means a the “logivigil.com” subscription paid on monthly basis (paid every 30 days).


2) "Logivigil -Insight" Quarterly user license charges (QULC) means a the “logivigil.com” subscription paid on quarterly basis.(paid every 90 days).


3) "Logivigil -Insight" half yearly user license charges (HULC) means a the “logivigil.com” subscription paid on Half yearly basis.(paid every 180 days).


4) "Logivigil wisdom " Yearly user license charges (YULC) means a the “logivigil.com” subscription paid on yearly basis. (paid every 365 days).


5) "Logivigil prudence" " 5 year term plans (5YTP) user license charges (5YTP-YULC) means a the “logivigil.com” subscription paid on every 5 years basis.


6) "Logivigil prudence" " 10 year term plans (10YTP) user license charges (10YTP-YULC) means a the “logivigil.com” subscription paid on every 10 years basis.


7) “commercial plan configuration" means the specific number of Fleet management capacity (FMC) ,Employee management capacity (EMC),Project management capacity (PMC) ,“Work location” ,“site” (or) “branch” ,"modules" that are licensed to "indian customer" in the “User License” and the "indian customer" is authorized to use by using the logivigil.com “User License”.


8) "quotation" means the business proposal of logivigil.com usually sent to those who contact via email,phone alongwith “commercial plan configuration"


9) "order confirmation" means the confirmation sent to the "indian customers" who order for logivigil.com online , make payment online via logivigil.com website , without a "quotation" being sent to them before placing the order along with “commercial plan configuration"


10) "payment acknowledgement" means the email confirmation sent to "Indian customers" with details of their payment ,proforma invoice details, the quotation (or) the "order confirmation" reference details.


11)“Nissi” (or) “nissi” means :- Nissi Infotech P Ltd .




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12)”INDIAN CUSTOMER”” (or) ““client””” means = the “prospect who has paid for the www.logivigil.com “user license” who wants the logivigil.com software to work for his/her business within India.


13)”INDIAN CUSTOMER”” city means:- The city where “INDIAN CUSTOMER”” lives and wants the software the www.logivigil.com “user license” to be used and to be implemented.


14)Implementation meaning :- “Www.logivigil.com implementation” (or)“software implementation” means teaching the “client” how to use the www.logivigil.com software , how to adapt and use the www.logivigil.com software fully for day to day use for business activities and handhold the “client” and staff of client to use the software fully until they are fully able to use the www.logivigil.com software .


15)“Customization” means to make changes to www.logivigil.com software and to modify, add features , modules ,reports etc., in the software as per the request of “client” if the request is technically and commercially cleared ,viable and possible subject to the terms.


16)“Nissi implementation staff “means the staff of Nissi allocated to ”INDIAN CUSTOMER”” for specific prepaid hours. at Nissi campus at coimbatore-India for teaching ,training and implementation of software www.logivigil.com remotely online for “INDIAN CUSTOMER””s .


17)“Nissi customization staff “ means the staff of Nissi allocated to ”INDIAN CUSTOMER”” for specific prepaid hours. at Nissi campus at coimbatore-India for customizing /modifying the software as per the need of “INDIAN CUSTOMER””.



18) “Nissi Onsite Implementation staff- (NOMIS)” means the the Nissi staff who will be deputed to “Client city” for implementing Logivigil.com software. This staff is to train the staff of “client” on old or new modules, co-ordinate with “client” and “nissi” staff to get the “customization” done by Nissi customization staff , test customized features of the software and deliver customization and implement the customized feature at “client” premises.


19) . “User License” means the “subscription charges payable by “INDIAN CUSTOMER” to use the logivigil.com software” for a specific period .( and) each login and a password(s) provided by Nissi Infotech P ltd to “INDIAN CUSTOMER”s to log into the logivigil.com software can access any one or all of the 10 modules of the software from one computer at a time/by one person at a time. Using one user license and accessing different modules ,by different users , from different computers,simultaneously at the same time is not allowed. The access to any module will be based on the access rights provided to that particular “user” by the admin of the software.


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20) “due date” means the exact date on which the ““subscription charges” (" user license subscription plans") are to paid and renewed.



21. Logivigil.com , (or)Logivigil.com 1.0 (or) “logivigil.com” 2.0 (or) “software“ means the various different software versions of the Logivigil.com software that is developed and fully owned by Nissi Infotech P ltd .


22. “Modules” or “Logivigil.com modules” means each of a set of standardized parts or 10 +independent units of logivigil.com software that constitute the complete structure of logivigil.com software.

23. “Contract period” means the time duration up to which date the “client” has paid for maintenance/renewed his “user license” (" user license subscription plans") of his software as per this agreement.


24. “ Software maintenance” or “ maintenance” (or) “ bug fixing” means the activity of ensuring the already provided/delivered software and its existing facilities, its database, its software functionalities are working without any problem for “Client” during the “contract period” .


25. “Bug” means any mal functioning of the already existing facility, function, feature, button, facility in Logivigil.com that was delivered to ‘client”. This does not include any new requirement or new changes and facilities. Also it does not include anything that client expects to be there beyond what is already there in logivigil.com or the software to have the function, deliver, report, module, or facility as per client’s domain knowledge of construction industry.


26. “hosting” means the web server space where the software used by “client” is hosted, stored for internet based usage.
27. “cloud server” A cloud server is a virtual server (rather than a physical server) running in a cloud computing environment. It is built, hosted and delivered via a cloud computing platform via the internet.


28. “hosted solution” or “web based solution” means the Logivigil.com software which will only work from a web based server where -the users will be allowed to access and use it via internet during a “contract period” .


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29. “Logivigil-Wisdom “ , Logivigil- Prudence and Logivigil-Insight – means the commercial plan name of the Logivigil.com software based on which the prices are provided by “nissi” to “client”.



30. “site” (or) “branch” means the virtual representation of a physical business branch of “Indian customer” from where the number of projects of “indian customer” are being managed using software login created separately for the physical business branches of “indian customer” in Logivigil.com software. Where there will be single or multiple “user license” will be allocated to a ‘branch” as per the“commercial plan configuration" .



30.a) “project” means the multiple “specific set of jobs” being executed by “Indian customer” for their clients. This also means the “specific set of jobs” like road and construction and related work for which the “project” has been created are being managed using the “project management ‘facility of logivigil.com as per the number of PMC allocated to “Indian customer”.


30.b) “work completed branch” means the “branch” where the “projects” have been completed.


30c) “work completed project” means the “project” where the “specific set of jobs” has been completed.


30d. “site (or) branch” charges” means the charges that are payable for the “site” (or) “branch” facility in logivigil.com software .



31. “site (or) branch” charges” means the charges that are payable for the “site” (or) “branch” facility in logivigil.com software .


32. “stores” means the software stores facility created separately for the physical business stores of “client” in Logivigil.com software where the stock, inventory of “client” is entered and maintained.


33. “store charges” means the charges that are payable for the “stores” facility in logivigil.com software .


34. “Logivigil.com software version retirement” means the date beyond which nissi expresses inability to maintain, bug fix, and provide support any versions of logivigil.com software.


35. “Work location” means the work places where the vehicle(s) of “client” can work and which can be tracked in the Logivigil.com software. This does not mean a “stores” or “branch” (or) sites.


36. “work location charges” means the charges that are payable for the “work location” facility in logivigil.com software .


37. The meaning of following terms in the “quotation”


37a) Fleet management capacity (FMC) means the maximum limit and number of vehicle/fleet that can be managed using the “commercial plan” purchased by “Indian customer” by using the Fleet management module. Beyond the capacity
37b) Employee management capacity (EMC) means the maximum limit and number of employees that can be managed using the “commercial plan” purchased by “Indian customer” by using the payroll module.



37c) Project management capacity (PMC) means the maximum limit and number of employees that can be managed using the “commercial plan” purchased by “Indian customer” by using the Project management module


38)"Logivigil.com – Prudence 5 year term plan -ANNUAL MAINTENANCE CHARGES " ( 5YTP -AMC), means the maintenance charges exclusive for 5 year term plans that are payable for term plans only. This 5YTP -AMC is payable every year to support the constant cost escalations and demand for more Logivigilstructure, technology updates and server security and support for the Logivigil.com software.



39)"Logivigil.com – Prudence 10 year term plan -ANNUAL MAINTENANCE CHARGES " (10YTP -AMC) means the maintenance charges exclusive for 10 year term plans that are payable for "term plans "only. This 10YTP -AMC is payable every year to support the constant cost escalations and demand for more Logivigilstructure, technology updates and server security and support for the Logivigil.com software.




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40. Logivigil.com Plan names:-


Main plans:- "Main plan" names:-

40a)"Logivigil wisdom "-( 1-10 module -yearly payment plans)
40b)"Logivigil prudence" (5 year , 10 year term plans)
40c)"Logivigil -Insight"- (monthly,quarterly,half yearly plans )







"41)"Logivigil -micro plans" that forms part of "main plans" are as follows:-

1. “Logivigil Fleet Management User License plan-1




42) Customization and Implementation plans (service provided remotely only):-


1) prepaid-5 hours- implementation(or) customization plan
2) prepaid-10 hours- implementation(or) customization plan
3) prepaid-15 hours- implementation(or) customization plan
4) prepaid-20 hours- implementation(or) customization plan
5) prepaid-24 hours- implementation(or) customization plan
6) prepaid-25 hours-online- implementation (Nissi Impliementation staff-NIS)
7) prepaid-50 hours of -online-implementation (NIS)

8) pre-paid-100 hours of -online-implementation(pre-NIS)

9) pre-paid-remote-customization 25 hours plan (Nissi customization staff-NCS)

10) pre-paid-remote-customization 50 hours plan (NCS)
11) pre-paid-remote-customization 100 hours plan(pre-NCS)
12) post paid-Nissi Implementation staff-
(Onsite monthly implementation (NOMIS)*
13) post paid-Nissi customization staff (post-NCS)



43) “offline” means the the facility of making logivigil.com software available to work without internet connection from the local computer. This facility is not available in logivigil.com.


44) “online” means the the facility of making logivigil.com software work with internet connection , plus making the logivigil.com accessable from a mobile phone. This is the only facility available in logivigil.com.


45. “Single company” license means the rights to use the logivigil.com software given for one company subject to “user license rights” & “commercial plan configuration". Using multiple companies in a “Single company” license is not allowed.






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Section :-3 Terms for Logivigil.com – Nissi server License:-


AA)The “““ The offer”date”” is given for specifications requested by “INDIAN CUSTOMER” combined with user license and the branches and valid upto “““ The offer”date”” only. Prices are subject to change without notice.


1. The software “user license subscription charges” paid by the “INDIAN CUSTOMER” is subject to terms of this ““terms of service” listed here below.


2. To process the order, Once the first payment is received, Nissi will start the process of training and the Issue of User licenses within 15 days of the payment.


3. the agreement terms mentioned in this (“agreement”)” will be deemed as agreed when payment has been done and also the terms will be updated from time to time which will be visible in the “admin login area” of logivigil.com software which when signed and logged in will be deemed as agreed signed.


4. Optionally and if deemed necessary , NIPL will also send the printed agreement for signature to specific “INDIAN CUSTOMER”s on its own discretion only when NIPL deems fit and necessary.


5. Delivery of software license logins will be as follows:-
a. a. Online version logivigil.com license will be sent within 7 days from the date of payment.


b. Logivigil.com implementation agenda mentioning the training schedule of logivigil.com– will be sent within 24 hours from the date of payment.


6. Payment terms:-

6a. 100% advance on or before ““ The offer date”.



6b. Monthly user license, MULC, QULC, HULC, charges will be automatically debited to your account via auto debit exactly on due date for which “INDIAN CUSTOMER” will approve the debit via online debit from the “Nissi payment gateway”(or) the monthly bank account debit.




6c. Monthly user license charges (MULC), (or) Quarterly user license charges (QULC) or Half yearly user license charges (HULC) (or) Yearly user license charges (YULC) ,(5 year (5YTP),10 year term plans (10YTP) are being paid by “INDIAN CUSTOMER”s only as subscription charges to use the software until such time the “INDIAN CUSTOMER”s want to use the software . 6d.


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7. “““ The offer date”means the usual initial discount charges extended by Nissi to all “INDIAN CUSTOMER”s to who subscribe to logivigil.com software irrespective of they (“INDIAN CUSTOMER”s) request for discount or not for the following reason.


a. This ““ The offer date” discount is also provided to compensate for the time taken for implementation of software (or) delay if any from both sides for full logivigil.com implementation only. So inspite of all efforts taken from the side of NIPL , still if there are any of the delays from both sides the renewals cannot be delayed or payments cannot be withheld as there will be no delays caused intentionally from both sides.



b. This ““ The offer date”discount is also provided for “INDIAN CUSTOMER”s to spend for implementation & customization as long as possible so that they can have a fully customized software perfectly suitable as per their working culture.


8. “INDIAN CUSTOMER”s may opt for more users, more modules, more branches, more stores, more work locations ,more of other services @ extra cost prevailing at the time of such request.


9. Tally integration quotation (IF INCLUDED) has been included for :-


a. The number of branches that are mentioned in the quotation only.


b. “Tally” herein referred is the “Tally accounting software” owned by third party.


c. “Tally integration” means the integration of the entries done in the inventory module of Logivigil.com software to the “ Tally accounting software” .


d. If “INDIAN CUSTOMER” is using tally in other future branches also and if those tally also has to be integrated with Inventory, then the “Logivigil.com tally integration license” for additional branches has to be purchased separately at extra cost per branch.

e. Also the “INDIAN CUSTOMER” has to purchase the original Tally license for HO and all branches where the tally integration has to be done.


f. Any new facilities/features/customization needed by” “INDIAN CUSTOMER”” other than the integration ,facilities, reports that are already existing and provided in the “logivigil.com -tally integration module” will be treated as new request and new customization as per the terms and will be charged extra.


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10. Nissi does not provide the logivigil.com software to any “INDIAN CUSTOMER” without first providing the full demonstration of the software explaining its features to “INDIAN CUSTOMER”s. “INDIAN CUSTOMER”s agrees that they have seen the see the full demonstration (free of cost one time) of the software and only after checking all the features of the logivigil.com, they have ordered for the software. After placing the order and making the payment , “INDIAN CUSTOMER” agrees not to dispute anytime that they expected some feature to be there and its not there.


11. Systems and procedures adopted by nissi for training the “INDIAN CUSTOMER” and their staff on logivigil.com and customizing the software as per the need of “INDIAN CUSTOMER” :-


a. “Onsite Implementation” meaning :- “Logivigil.com implementation” (or)“software implementation” means Nissi will send one staff to the premises of client for teaching the “client” how to use the logivigil.com software , how to adapt and use the logivigil.com software fully for day to day use for business activities and handhold the “client” and staff of client to use the software fully until they are fully able to use the software subject to the special low cost -commercial plan detailed in “ section 5C,D,& E” of the commercial proposal "quotation" (or) "order confimation" sent to "indian customer" .


b. " Online Implementation" meaning (for only those who do not opt for onsite implementation) :- “Logivigil.com implementation” (or)“software implementation” means Nissi will allocate one staff to train the client remotely online by connecting to the computer of client from Nissi HO Coimbatore . This is for teaching the “client” how to use the logivigil.com software , how to adapt and use the logivigil.com software fully for day to day use for business activities and handhold the “client” and staff of client to use the software fully until they are fully able to use the software subject to “customer” is paying the pre- paid -commercial plans detailed in in “ section 5C,D,& E” of the commercial proposal "quotation" (or) "order confimation" sent to "indian customer".


12. Customization/modification/adding new features to Logivigil.com:-


a. “customization” means to make changes to logivigil.com software and to modify, add features , modules ,reports etc., in the software as per the request of “client” if the request is technically and commercially cleared ,viable and possible. (software customizations are subject to the pre- paid -commercial plans detailed in in “ section 5C,D,& E” of the commercial proposal "quotation" (or) "order confimation" sent to "indian customer" and are paid until the “customization” is required by “customer” and to the full satisfaction of the “customer”.



b.The software quotation is given for the facilities that are already existing in the software only. All new features, modifications, customizations (whatever facility big or small that is not available in the software and is being requested by “INDIAN CUSTOMER”s) will be modified , customized for “INDIAN CUSTOMER”s by using the “25,50,100 prepaid packages of customization .” .


C. “INDIAN CUSTOMER” also can request for more than 100 hours of “Nissi customization staff “ @ that is prevailing at the time of request.


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13. Time taken for implementation:- Logivigil.com is a huge software with huge modules. However, “Nissi” team will always send a plan to finish the Implementation within 3 months if “INDIAN CUSTOMER”s co-operate and provide the data and staff for training as per the plan of “Nissi”. In any case if “INDIAN CUSTOMER”s delays to provide and co-operate with Nissi team, it may take upto minimum of 1 to 3 months to complete for a 3 user and 3 sites (branches) license. However the time may vary depending on :-


a. the speed in which the data requested by the Nissi implementation engineer is supplied by client.


b. if there are more branches /sites and more users.


c. If the “INDIAN CUSTOMER”s staff are not able to pick up the training at the speed expected. (o) not allocating time for training.


d. The data needed to be fed in logivigil.com is not ready in the format required by Nissi.


e. And various other issues.


f. The implementation can be expedited by the client by following the rules, systems, instructions provided by implementation engineer of nissi. Implementation systems , rules and terms will be provided by nissi implementation engineer before starting the training. Also nissi advises “client” to get ready with data and systems that is needed for speeding up the implementation.


Section 4:- “Logivigil.com software (Training, implementation) & customization process”



The methodology adopted by “NIPL” for customizing the “software” for “Indian “Indian customer””.


Training


1) Training schedule will be sent in advance, to enable “Indian customer”” to block their convenient date(s).
2) Training will be provided online connecting via any mutually convenient online meeting software.
3) Once the training/implementation has been completed, the hours of training will be informed to “Indian customer”” by mail as information about used hours and balance hours.
4) Once the training and implementation has been completed and if there is balance hours , that will be used for “customization”.
5) If there are no balance hours, “Indian customer”” will be informed to purchase additional prepaid hours. Once purchased, the training or implementation or the customization will continue.


Customization:-



1. The details about the changes needed in the software will be sent by
“Indian “Indian customer”” by mail.



2.”NIPL” will check the same and prepare “Customization
prototype” (“prototype”) and send to “Indian customer” for checking
and confirming if ““Indian customer”” has understood it correctly.


3.Once prototype is approved by ““Indian customer”” “ customization approval document “ (CUD) document mentioning the:-


a) “CMR” number
b) date of schedule and date of delivery
c) total hours taken to complete the job will be presented to “Indian customer” for approval


4.Once the “ customization approval document “ (CUD) and “MHP” is approved and the prototype approved by ““Indian “Indian customer””” the work on the customization of Logivigil.com software will be started.


5.Once the work on the customization has been completed , “NIPL” will schedule an online demo to “Indian customer” to check if all is fine.



6. if all is fine , software will be uploaded to the “user license” of ““Indian “Indian customer”””.



7.If “Indian “Indian customer”” is requesting for any changes, it will be taken as “new customization” under new cost and once again demo will be scheduled and the process for the new request will go through the same process as explained in 1-7 will be repeated . If “Indian customer” approves the customization will be up uploaded to “user license” of “Indian “Indian customer””. If not the above process of customization will be followed until the “Indian customer” is satisfied with customization.



8. every time a new request is given by “Indian customer” , the “ “Logivigil.com software customization process” will be done by NIPL and has to be approved by ““Indian “Indian customer””” to ensure the “Indian “Indian customer”” is clear on what job is being done , how much time it will take, how much will be the cost of the customization . This is to ensure there is a complete clarity on the matter for both NIPL and “Indian customer”.




Section :-5:- OtherTerms for Logivigil.com – Nissi server License:-


1. Renewal charges have to be paid exactly on “due date” as follows :-


2)"Logivigil -Insight"“monthly user License charges (MULC)” 5 days before the “due date” (30 days after the previous payment ,)


3) "Logivigil -Insight"Quarterly user license charges (QULC) 10 days before the the “due date” (90 days after the previous payment.)


4)"Logivigil -Insight" half yearly user license charges (HULC) 20 days before the the “due date” (180 days after the previous payment.)


5) Yearly user license charges (YULC) 30 days before the “due date” ( “due date” =12 months after the previous payment.)


6)"Logivigil prudence" " 5 year term plans (5YTP) user license charges 60 days before the “due date” ( “due date” =5 years after the previous payment.)


7) "Logivigil prudence" " 10 year term plans (10YTP) user license charges. 120 days (4 months ) before the “due date” ( “due date” =10 years after the previous payment.)


This“due date” is irrespective when the training and implementation of any old or new modules have been completed finally. The huge discount offers are provided to “INDIAN CUSTOMER”s is to cover the cost during such reasonable delays(from both sides) if any only. Once the User license has been enabled, the user licenses becomes due for renewal on “due date”.


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“user license renewal increase”(ULRI)”
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8. .“user license renewal increase”(ULRI)”
User license charges will be increased 30% every year to support the constant cost escalations and demand for more Logivigilstructure, technology updates and server security and support for the Logivigil.com software.The yearly increase will be applicable for Logivigil.com Yearly user License charges (YULC),
Half yearly user License charges (HULC), quarterly user License charges (QULC) and Logivigil.com monthly user License charges (MULC) exactly after 12 months from the date of first payment (as per "payment acknowledgement").



9. .“ "Logivigil prudence (5YTP)" user license renewal increase”(5YTP -ULRI)”.


"Logivigil prudence (5YTP)" User license charges will be increased 20% every 5 years to support the constant cost escalations and demand for more Logivigilstructure, technology updates and server security and support for the Logivigil.com software.The 5YTP -ULRI increase will be applicable for "Logivigil prudence (5YTP)" exactly after 5 years , every 5 years on "due date".


10) "Logivigil prudence (10YTP)" user license renewal increase”(10YTP -ULRI)”.
"Logivigil prudence 10YTP” User license charges will be increased 20% every 10 years to support the constant cost escalations and demand for more Logivigilstructure, technology updates and server security and support for the Logivigil.com software.The 10YTP -ULRI increase will be applicable for "Logivigil prudence (10YTP)" exactly after 10 years , every 10 years on "due date".



11.Hosting space for software :- To support constant need of more hosting space ,all the allocated users license will be provided 1 GB (one GB hosting space each for the first year along with software.. If the space requirement increases faster than expected , Nissi will add more space to “client” every year to cope up with the demand by the usage of client at extra cost prevailing at the time of such request..




12)Server ”resource hunger” means anytime when the “client” is re questing the higher than allocated speed ,space, facility, and other technical need for the “user license” allocated to “client” beyond what is allocated and anytime of the year.



13)““hosting space emergency addition” &“hosting space dedicated server addition” means to increasing of the “hosting “ space in the middle of the year (or) providing a dedicated server to “client” any time during the year based on the requirement of the “user license “ performance and the “resource hunger” of infaconsoft soft ware user license provided to “client”.



14)“hosting space emergency addition” &“hosting space dedicated server addition” will be done and suggested to “client” during the following circumstances. (but not limited to only the following circumstances) .



15a) when “client” constantly complaints that his/her logivigil.com “user license” alone is not performing at the speed in which “INDIAN CUSTOMER” expects it to work.



15b) when “client” requests that his/her logivigil.com “user license” alone needs some special facilities and nissi finds that such facilities can be provided only if the logivigil.com “user license” of the “client” is shifted to dedicated server.



15c) when “client” requests that his/her logivigil.com “user license” alone needs some additional space beyond what is allocated on regular basis.


15D). 50% of the allocated “hosting” space to client will be used to maintain the full back up of “client” files.


15E). In case of total failure of the server of ““logivigil.com nissi server license”where the software is working, “nissi” will take 36 hours to restore the server again. Nissi will restore all the back ups until 24 hrs before crash will be restored back to server.


15F) When the allocated “hosting” space usage by client increases, the hosting charges will be increased by “nissi”. This will be over and above the license charges. This will be informed to client 30 days in advance before any such increases.




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16.Refund /cancellation policy:- “INDIAN CUSTOMER”s can request for an order cancellation/refund within 7 days including holidays and sundays (calculation of days are 7 days from the date of payment as per “order confirmation”) and the refund will be done as follows .



16a)“Indian customers” can request for a cancellation within 7 days from the date of order .


16b) “NIPL” will refund the money within 7 working days , except holidays and Sundays.



16c)Thereafter for the first year , there will be no refund /cancellation allowed. From 2nd year onwards if the “client” any time prefers not to continue may decide not to renew their “user license” by informing nissi 60 days in advance before the expiry of the contract.



17. Database maintenance and backups :-Nissi will provide back up and maintenance. our staff will take daily back up and restore it as and when needed. In fact the back up is also taken automatically from the cloud server to another cloud server so that extra caution is taken on the back ups. NIPL has never lost any data of “INDIAN CUSTOMER”s for the past years of existence not even once.



In case of the back up of “INDIAN CUSTOMER” data is provided to “INDIAN CUSTOMER”s in xl format if “INDIAN CUSTOMER”s would like to cancel their subscription with nissi and shift to some other vendor. This xl back up “INDIAN CUSTOMER”s can take and use it as they please. In this case the “ Indian customer “ must take print of all possible important reports and data and export all data into xl format wherever the export data to xl is provided. The “Indian customer” has been provided all possible facilities in all modules wherever possible to export the data into xl format. However it is not possible to practically export every single data into xl. In case of “INDIAN CUSTOMER”s need the back up in any specific format, which is not available in the xl export format provided in logivigil.com already, then the cost of conversion of the same will cost extra .Just to note here about the data back up.



18. When the Fleet management capacity (FMC) of Fleet management module ,Employee management capacity (EMC) of the payroll module , Project management capacity (PMC) of the Project management module as per the “commercial plan configuration" has reached the allocated capacity, then the “Indian customer” agrees to request NIPL and increase the same as per the prices and terms that will be in force at the time of such request.



19. When the work being done in a “branch” or a “project” has been completed by “Indian customer”, and they are under “ common hosting plan” :-



19a) if “Indian customer” needs to refer the old data even after the work completion, can request “NIPL” to maintain the back up online as it is, for the “ Indian customer “ to refer the data anytime. In this case 1 user license will be compulsorily allocated to this back up until such time the back up data is required by “ Indian customer “. Taking back up offline and trying to populate /generate reports will not work as the logivigil.com user license does not work in “offline” and logivigil.com does not provide such facility. Also in this case if “ Indian customer “ needs a new “user license’ in liue of the ‘back up data branch/project” then “ Indian customer “ must request for a new user license at the price and terms existing at the time of such request. “ Indian customer “ will be charged for the user license allocated to ‘back up data branch/project” until such time the data is needed and accessed by “Indian customer”.



19b)If the “ Indian customer “ does not need the back up data and the “user license(s)” of the branch/ project and close the of the branch or project , then the “ Indian customer “ must take print of all possible important reports and data and export all data into xl format and inform NIPL to delete the branch /project.



19c) If the “ Indian customer “ does not need the back up data but wants to use the branch /project and “user licenses(s) for some other new project:- in this case the “ Indian customer “ must take print of all possible important reports and data and export all data into xl format that they may need of the branch/project and inform NIPL to rename the branch /project. In this case the old data will not be available for “ Indian customer “ for ever. The “ Indian customer “ can use the user license and branch for a new project.



20)When the work being done in a “branch” or a “project” has been completed by “Indian customer”, and they are under “ dedicated hosting plan” :-


20a) if “Indian customer” needs to refer the old data even after the work completion, can request “NIPL” to maintain the back up online as it is, for the “ Indian customer “ to refer the data anytime. In this case 1 user license will be compulsorily allocated to this back up until such time the back up data is required by “ Indian customer “. Taking back up offline and trying to populate /generate reports will not work as the logivigil.com user license does not work in “offline” and logivigil.com does not provide such facility. Also in this case if “ Indian customer “ needs a new “user license’ in liue of the ‘back up data branch/project” then “ Indian customer “ can request for a new user license by blocking all the “unused user license” . In this case “ Indian customer “ be allocated new “user license” by blocking the “blocked / unused user license” of ‘back up data branch/project” @ 50% cost . In case the “Indian customer” is requesting to use the “blocked / unused user license” anytime of the year, even once , then the “Indian customer” will be charged 50% for the user license allocated to ‘back up data branch/project” for the full year & until such time the data is needed and accessed by “Indian customer”.



20b)If the “ Indian customer “ does not need the back up data and the “user license(s)” of the branch/ project and close the of the branch or project , then the “ Indian customer “ must take print of all possible important reports and data and export all data into xl format and inform NIPL to delete the branch /project.



20c) If the “ Indian customer “ does not need the back up data but wants to use the branch /project and “user licenses(s) for some other new project:- in this case the “ Indian customer “ must take print of all possible important reports and data and export all data into xl format that they may need of the branch/project and inform NIPL to rename the branch /project. In this case the old data will not be available for “ Indian customer “ for ever. The “ Indian customer “ can use the user license and branch for a new project.

Section 6:- Exit clause



1.. The “client” at anytime decides and wants to exit from this agreement, can request “nissi” to stop the access to the software. In such cases the “nissi” will evaluate the percentage of “work in progress”, completed, in “cmr” also the pending accounts parables and receivables, and inform client to pay the accounts balance if any. Once client pays the balance, “nissi” will transfer all the data entered by client into the software in an XL file and hand it over to “client” and stop the access to the software.



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2. As long as “client” is interested in using the software, “nissi” will provide “client” the access to the software “logivigil.com” .But“client” can use and access the software only and until the all charges that are invoiced,communicated to “client” and demanded by “nissi” are paid on or before the “due date”:-



3. “client” can use and access the logivigil.com software only and until :-




a)all the charges that are invoiced to “client” and demanded by “NIPL” are paid on or before the “due date” .



b)including all the other charges listed in this agreement .
c)(or) any other new charges that were agreed ,.




d)(or) communicated through mail for a new service that apart from what has been agreed in this agreement .


e)(or) communicated through invoices.


f) when all these payments are being paid in full by client promptly on due date.


4. When client stops, (or) delays , ANY OF above payments fully or partly, “nissi” reserves the right to stop access to the logivigil.com software , “user license” of “client” temporally or permanently.



5. In all the above cases of section 5 when the “client” at anytime decides and wants to exit from the agreement, (and) “client” delayed or does not make any payments the “client” the loses the rights to access to the software with immediate effect . Nissi does not accept any responsibility for the loss if any incurred by “client” due to losing of access to software. Also client agrees that he has no right to claim any damage at anytime whatsoever for this as its due to the request of client (or) negligence of client the software access has been stopped.



6. The Dispute redresses and jurisdiction :-All disputes arising out this agreement will be first referred to “dispute redressal team” consisting of members from both NIPL and "Indian customer" who will first try to solve the problem within the parameters of this agreement. All other unresolved matters will be DEALT by the courts of Coimbatore city of Tamil nadu , India only. The courts of Coimbatore city of Tamil nadu , India alone will have jurisdiction on this matter.



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7. maximum compensation limit:-In any remote case when any court anytime decides that NIPL has to pay the damages to client , the maximum damage payable by NIPL will be limited to the “ INR 10,000/- (Indian Rupees Ten thousand only)” which will be full and final settlement for the damages if any .



Upgrade to the next version of Logivigil.com software:-
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8. Upgrade to the next version of Logivigil.com software:-Nissi will also intimate and recommend “client” to upgrade the next version of Logivigil.com software, in any one or all the following circumstances.



8a. When the version of “Logivigil.com version ” that currently licensed to “client” is upgraded to higher versions with new features and facilities and more security.



8b. When the present software is continuously failing and customer is complaining frequently about the “bugs” in the software.


8c. When the current version of Logivigil.com software has ‘retired” under ““Logivigil.com software version retirement” and nissi is announcing its inability to support the old version.


8d. Any other circumstances which nissi feels that the present version is not technically and commercially viable to provide excellent service support needed and expected by client.


8e. Apart from any of the above reasons if NIPL strongly feels there are many other reasons the "logivigil.com " has to be upgraded.


8f. In any or all of the above circumstances all the present charges and terms of this “agreement” will change.


8g. “nissi” will inform “client” about the new version of software and its advantages of upgrading to new version of logivigil.com.


8h. If client is interested in the new features and willing to pay the up gradation fee, new user license charges , charges for the upgraded new version of logivigil.com software will be upgraded to new version.


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8i. If the “client” is not willing to accept the upgraded version and to pay the cost of the same, but is paying for the lower version, then the client will have to use the software with the bugs and security problems if any by using the lower old version for which nissi will not be responsible. The support for the lower version will be extended until the “Logivigil.com software version retirement” is announced services and support and software are stopped by nissi. In case “client” has stopped the payment then such situations will be dealt as provided in this agreement.


9)In the event of “logivigil.com “version upgrades:- If “client” has purchased or requested nissi to upgrade his software to higher version , after finishing the commercial formalities, the version will be upgraded. The upgradation will happen in a concurrent and seamless up gradation from Logivigil.com lower version to Logivigil.com higher version . The Upgrading will happen as a concurrent process simultaneously and seamlessly without disturbing the working and usage of present Logivigil.com version by client.



10. Copying, duplicating any facilities /features/concept/ idea of Logivigil.com software or allowing any third parties (including staff and agents) to access Logivigil.com to do so will be deemed as a violation of copy rights and intellectual property rights of nissi infotech private limited. The damages to Nissi that would result from this would be impossible to calculate. Therefore, Nissi shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief. customer agrees to pay the full damages to Nissi Infotech Private Limited in such circumstances.


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11)"Amendment" to this “terms of service”:-

All amendments to this "terms of service “ will be dealt as per the “ clause 7” of “section 1” of this “Terms of service”.


12) The url of this "terms of service" is https://logivigil.com/contract-0011612015324635.html
its display in the browser may differ. However the content that is uploaded in the above url (or) the url that the above url is forwarding and is approved by NIPL will be the authorized content of "terms of service".


13. Nissi will from time to time at its own discretion give some new modules or new facilities free of cost to “client”s in case nissi feels its better to upgrade the module free of cost for the benefit of Clients and better working of software or to avoid frequent “ bug” fixing. However this facility cannot be claimed as a right by “client” .


Logivigil.com has :-
a. Improved the profitability our “INDIAN CUSTOMER”s
b. convenience of “INDIAN CUSTOMER”s
c. Improved the control of their business
d. Provided huge savings on wastage materials
e. Plugged the loop holes
f. And many more..


Logivigil.com is a software product that has been under constant improvement from its inception and release. Hence Logivigil.com is having thousands of “minute usage conveniences”. This product has been in continuous use and continuous development by Nissi’s own market research and also by our “INDIAN CUSTOMER”s for their specific minute needs from its inception and release.



The Logivigil.com user license manager
Nissi Infotech Pirvate Limited
Mobile :-98422-44488/99940-93339
admin@nissiinfotech.com
Corporate Website:-www.nissiinfotech.com
Product website :- www.logivigil.com


© Copyright -all rights reserved 2021 Nissi Infotech P ltd and www.logivigil.com copying , duplicating, publishing, any of the information fully or partly is a violation.
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