Terms and Conditions

IT SOLUTIONS AGREEMENT

Carefully read the following terms and conditions, which constitute a binding agreement between Servetel Communications Pvt. Ltd. and The USER. By clicking on the “ACCEPT / I AGREE” button, the USER is consenting to be bound by and is becoming a party to this Agreement. If the USER does not agree to all of the terms of this agreement, click the “DO NOT AGREE / CANCEL” button or leave the website / terminate the Services. These Terms of Use shall govern the User’s use of and access to all of Servetel’s products and Websites.
The User agrees that
1. He / She is at least 18 years of age; is competent and of sound mind; and has the authority to enter into this Agreement,
2. The use of this website would be in compliance with Indian laws,
3. This Agreement is binding and enforceable against him/her,
4. To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and
5. That he/she has read and understands Servetel’s Privacy Policy, the terms of which are posted on the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.

THIS SERVICE AGREEMENT (the “Agreement”) is valid and existing for services registered online at SERVETEL.IN. This Agreement is effective from 1st of March, 2016 and replaces all previous versions of the IT Solutions Agreement.
This IT Solutions Agreement is entered into between “USER” the registered User; hereinafter referred to as the “USER”, which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and permitted assign of the One Part;
AND
Servetel Communications Private Limited, a registered Company under the laws of India and having its registered office at BOUGAINVILLA APARTMENTS POCKET B3 VASANT KUNJ, NEW DELHI (hereinafter referred to as the “Servetel”,which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and permitted assign) of the Other Part. (The User and Servetel are hereinafter referred to individually as the “Party” and collectively as “Parties”.)

WHEREAS

a) Servetel is engaged in the business of Information and Technology Services and is the owner of indigenously developed software and original business methods related to virtual and/or cloud communication on services.
b) Servetel uses original software and business methods to provide IT solutions related to cloud communication products including but not limited to “Servetel Dashboard”, “IVR solutions”, “Automated Voice Technology” and “Inbound call solutions”.
c) The User is engaged in the business as per details entered in the online registration form.
d) The User is desirous in engaging IT Solutions for its business requirements.
e) Relying on the representations and covenants made and agreed by the User herein and believing the same to be true and correct, Servetel has accepted the offer to render the IT Solutions to the User, subject to the terms and conditions as set forth in this Agreement. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS

1. DEFINITIONS

“Agreement” shall mean this agreement together with its Annexures.
“Automated Voice Technology” shall mean the calls getting automatically picked up and includes pre-recorded outgoing calls.
“Effective Date” is the date of execution of this agreement by clicking on “I Agree / Confirm” and upon realization of payment of services for prepaid plans and upon commitment of payment for post-paid plans;
“IT Solution” shall mean all IT Solutions covered in Annexure 1
“Intellectual Property” shall mean all intellectual property including, without limitation, the indigenous software, business method, trademarks, service marks, copyrights, industrial designs, software, source code, business method, know-how of Servetel, whether or not utilized in the performance of this Agreement.
“Officially Valid Documents” shall mean the six notified documents by Government of India, which are officially valid documents (OVDs) for the purpose of producing proof of identity. These six documents are Passport, Driving License, Voters’ Identity Card, PAN Card, Aadhaar Card issued by UIDAI and NREGA Card treated as an ‘Officially Valid Document’ pursuant to the Prevention of Money Laundering Rules under the Prevention of Money Laundering
Act 2002 and is a valid process for KYC verification.
“TRAI” shall mean Telecom Regulatory Authority Of India
“DOT” shall mean Department Of Telecommunications
“Dashboard” shall mean the interactive user interface that the User will access to avail the IT Solutions of Servetel.
“KYC” shall mean “Know your Customer” and is the process by which Servetel obtains information regarding the identity and address of the User supported by OVD to ensure that services rendered by SERVETEL are not misused.
The KYC procedure is to be completed periodically by providing updates.

2. TERM

2.1 PRE-PAID PLAN:
2.1.1: This Agreement shall commence and remain in force from the Effective Date pursuant to realization of payments through the payment options detailed.
2.1.2: This Agreement will hold services in abeyance upon usage of minutes and in the event of non-renewal; the term abeyance will include a bar on outgoing as well as incoming facilities.
2.1.3: The User has the option to renew services at any period after the expiry of the initial term period,
2.1.3.1: During the period after expiry of the term for one month the User shall have the option to
renew the complete services with the previous Number and the Service Plan, provided the
display number is still available with Servetel;
2.1.3.2: During the period after expiry of the term and beyond the one month mark before the expiry of two-months the User shall have the option to renew services to the prior Number –
without a guarantee of the previous Service Plan. The previous Service Plan will be reinstated
if available – but Servetel does not guarantee the availability of the same number
or plan.
2.2: POSTPAID PLAN: This Agreement shall commence and remain in force from the Effective Date till either Party terminates this agreement for any reason; or, for no reason by giving 30 days prior written notice to the other party.
2.3 The termination of this agreement shall be without prejudice to any action or remedy of a Party arising prior to the date of termination.

3. SCOPE OF WORK:

3.1 The scope of work includes providing cloud communication services for the User’s business requirements including Inbound Call Solution system for providing support services as detailed pursuant to Annexure-I of this Agreement.
3.2 In the event the User requires any amendment, alteration, modification, addition or deletion in the Scope of Work as stated in Annexure -I, the User shall notify Servetel of the same. Upon review of the proposed change in Scope of work, Servetel shall provide such modified services on such terms and conditions as mutually agreed to between the Parties and the same can be executed in the form of Addendum to this Agreement.

4. PAYMENT TERMS:

4.1 Payments for the services provided will be made to Servetel in the following manner:
4.1.1: All transactions on the website through registered payment gateways
4.1.2: Renewals /Upgrade/Coin Recharge/ Additional Features purchased through existing user account
4.1.3: Cheques /DD drawn in favor of Servetel Communications Pvt. Ltd.
4.1.4: Redemption of Coupons
4.1.5: Online NEFT/RTGS/IMPS transfers to bank accounts of Servetel
4.1.6: Payments made to registered channel partners of Servetel via all the methods mentioned above
4.2 Please Note:
4.2.1 Service Tax is additional as applicable;
4.2.2 For Post-Paid plans: Usage charges will be billed on the basis of the actual usage at the end of every month, which should be clear within 15 days from the date of receipt of Invoice.
4.2.3: For Pre-Paid plans: Usage charges will be ongoing and deducted from the minutes purchased at the commencement of the Plan.
4.2.4 The invoice(s) submitted by Servetel shall be subject to inspection and verification by the User and any discrepancies therein shall be brought to the notice of Servetel within 7 days of receipt of the invoice(s). If necessary, Servetel shall modify and provide an amended invoice(s) and User will make the payments as per the modified invoice(s).

5. REPRESENTATION AND WARRANTY

5.1 Servetel represents and warrants to the User:
5.1.1 Servetel has been validly existing under the laws of India and eligible to provide the IT Solutions under this Agreement.
5.1.2 Upon executing, this Agreement shall form a valid binding contract enforceable against Servetel.
5.2 The User represents and warrants to Servetel:
5.2.1 The User has been validly existing under the laws of the country of incorporation of the business as mentioned in the beginning of this agreement and eligible to obtain IT Solutions under this Agreement.
5.2.2 The User undertakes and warrants that the information and documents provided through KYC or e-KYC have been validly obtained.
5.2.3 Upon executing, this Agreement shall form a valid binding contract enforceable against the User.
5.2.4 The User shall not utilize the IT Solutions in any manner except for the purposes specifically permitted
(a) under this Agreement; or (b) any prior agreement entered into between the Parties; or (c) specific purposes detailed by the User separately and such purposes shall automatically form part of this Agreement.
5.2.5 The User shall not use the IT Solutions for purposes that are unlawful or prohibited under law.
The User acknowledges that the IT Solutions include the use of telephonic resources and thereby are required to use them in compliance with applicable laws and regulations of the TRAI and the DOT.
5.2.6 The User shall also not use the IT Solutions in any manner that may damage, disable, overburden, or impair the services of Servetel, telephonic numbers and servers, or the network(s) connected to any User server.

6. STATUTORY VARIATIONS FOR TAXES AND DUTIES

6.1 Any upward variation in the amount of taxes/ duties payable on account of variation in the rate of taxes/duties, and/or introduction of any new taxes/ duties by the Indian Central/State/Local authorities which becomes payable after the Letter of Award (Contract) shall be reimbursed by the User to Servetel at actuals during the term of this Agreement on submission of proof of payment, as a statutory variation.
6.2 Similarly any downward variation in the amount of taxes/duties on account of variation in the rate of taxes/duties, and/or introduction of any new taxes/duties by the Indian/State/Local authorities during the term of this Agreement, shall be passed on to the User by Servetel at actual during the term of this Agreement on submission of proof of payment, as a statutory variation.

7. OBLIGATIONS OF Servetel

7.1 Servetel acknowledges that by this Agreement, User is not guaranteeing any kind of fixed income or business to Servetel.
7.2 During the tenure of this Agreement, Servetel grants permission to the User to create a User Account and access the Dashboard, in order to carry out IT Solutions.
7.3 Servetel may store personally identifiable details of the User’s service accounts. It may also automatically receive and record server logs from the User’s browser, including IP addresses, cookie information; details of calls, call recordings, SMSs, IVR content, Dashboard history, etc., in relation to the provision of IT Solutions.
This data is governed by Servetel’s Privacy Policy available at https://www.servetel.in/privacy-policy/.
7.4 Committed Service Level:
7.4.1 Servetel guarantees 99% uptime for its services. Servetel measures uptime in terms of minutes that the inbound call services are available for use in a given month divided by the number of total minutes in that month.
7.4.1.1: This will exclude scheduled downtime for maintenance and upgrades.
7.4.1.2: The scheduled downtime will not be more than 2 times in 2 weeks with a maximum duration of 2 hours per downtime. Scheduled downtime will be planned during the nonworking hours. The customer will be informed of the downtime in advance.
7.4.2 In case of breach of the guaranteed uptime, upon claim from customers, Servetel can offer compensation up to the limits governed by the following conditions:
7.4.2.1: For uptime greater than or equal to 99% – Zero Penalty
7.4.2.2: For uptime greater than or equal to 95%, but not greater than or equal to 99% – 5% of the monthly rental will be refunded
7.4.2.3: For uptime greater than or equal to 90%, but not greater than or equal to 95% – 10% of the monthly rental will be refunded
7.4.2.4: For uptime greater than or equal to 80%, but not greater than or equal to 90% – 25% of the monthly rental will be refunded
7.4.3 Servetel will not be liable to refund customers in cases of force majeure or outages where Servetel does not have a control over the resolution time, for eg. Outages at the end of our Telecom Partners, Cloud Partners, Internet Services Providers or Internet Hackers. Also, in the event where customer has failed to recharge their account or on non-payment, Servetel shall be entitled to discontinue the services and will not be held liable for any losses suffered by the customer during this period due to suspension/discontinuation of services.
7.4.4: Servetel will however, upon request, endeavour to provide a workaround for users such that the impact can be minimised. Servetel further endeavours to reduce such downtimes by continuous upgradation of technology and automation of processes and continuous evaluation with its partners.
7.4.5: Servetel’s obligations would not be extended to instances where termination/ abeyance/ suspension of services are attracted due to non-payment or non-renewal of services, depletion of free minutes from The User’s account, or if The User defaults on any of the obligations mentioned in this agreement.
7.5 Substantial Delay in Activation of Services: Servetel endeavors to activate a user-account no later than 7 working days of receiving the payment.
7.5.1 The following set of limitations is applicable in achieving these timelines:
7.5.1.1: The timeline can get delayed based on the delay from user’s end in providing the requisite documents mandatory for the activation of services. These may include, but are not limited to user agreements, ECS agreement form, Consent for transfer display number’s ownership, provision of script for welcome greeting, provision of requisite details for account setup etc.
7.5.1.2: The timeline can get delayed based on the changes made by the User after the initial script and other settings have been provided.
7.5.1.3: For script recording in regional or international languages/accents, the timelines for activation of services may get extended further by 7-10 working days.
7.5.1.4: Holidays and non-working days are not considered in the timeline to activate services.
7.5.2 Servetel will strive to resolve any delay in service delivery beyond the above mentioned timelines,
however if the same is not resolved within 30 days from the date of payment, customer is entitled to a 100% refund upon request.
7.6 User can write to Servetel at support@servetel.in for any query or concern. Servetel will address this within four hours and will try its best to provide a resolution in 48 hours.
7.6.1 In case Servetel is unable to resolve the issue within the stated timeline, or if the User is not satisfied with the resolution provided, User can escalate its concern to Servetel’s management at
grievances@servetel.in Servetel will respond to the User within two working hours and User’s concern will be addressed in 24 working hours.
7.6.2 If User is still not satisfied with the resolution provided by Servetel’s management, User can write directly to Servetel’s leadership team at ceo@servetel.in Any concerns raised here will be addressed in two working hours and will require further 48 working hours for resolution.
7.6.3 To ensure timely resolution when User escalates its concern, User must mention the ticket number received from Support@servetel.in; and, a brief summary on why the resolution provided so far has not been satisfactory.
7.6.4 Certain issues, depending on their nature, would require testing and observation over multiple days. This can increase the resolution time for the User. However, Servetel assures that its team will be working on these issues diligently throughout and will keep the User updated on the progress.

8. OBLIGATIONS OF THE USER

8.1 The User shall immediately inform Servetel of any changes that could affect the IT Solutions.
8.2 The User shall not use the IT Solutions illegally and / or prohibited activity for conducting any illegal activity under applicable laws. The User shall not use the IT Solutions for spam, unsolicited email; unsolicited telemarketing;to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish or distribute any inappropriate, profane, defamatory information; restrict or inhibit others from using the IT Solutions ; illegal call recordings; or, in any way violate applicable Indian laws.
8.3 The User shall not create a false identity for the purpose of utilizing the IT Solutions and misleading others.
8.4 The User is responsible for maintaining the security and privacy of its account, at its end.
8.5 The User shall not reverse engineer, de-compile, decode, decrypt, disassemble, or in any way derive source code from Servetel’s Intellectual Property.
8.6 The User shall submit identification documents as proof of their personal as well as business identity, as regulated by the Department of Telecommunications, Govt. of India.
8.6.1 The documents MUST be submitted for approval within 7 days of activation of services.
8.6.2 Failure to provide these documents within the stipulated timeline will lead to suspension of services to the account.
8.6.3 In case the documents are still not submitted within 30 days from the date of suspension, the account will be terminated and the display number will be released back to our telecom partner.
8.6.4 In such an event, Servetel will not be liable to offer any refund, either in full or in part, to the user.

8A. Quality Control

Upon request by Servetel, during the Term commencing from the Effective Date (twice in a year) User shall provide Servtel with:
(i) a statement setting out the description of the business carried out in the previous calendar half yearly, in such format as Servetel may require from time to time;
(ii) a statement evidencing User compliance with the TRAI and DOT (Proof of Regulator Commitment) for the immediately preceding calendar half yearly ; and
(b) During the Term and for three years after it, User shall keep and maintain complete and accurate records and supporting data concerning business in accordance with this Agreement.

8B. Disclaimer:

The User acknowledges that the IT Solutions will be used by the User exclusively for Business and Servetel, its director(s), employees, agents, affiliates or representatives are not engaged in or responsible for the Business of the User in any way.

9. CONFIDENTIALITY OBLIGATIONS

9.1 The parties shall maintain confidentiality with respect to all confidential information including but not limited to business information, customer data including name, phone number and email id, financial information that may have been received from the disclosing party or while providing or utilizing IT Solutions and shall not disclose any such information to any other person, firm or Company. Parties shall not be entitled to make or permit or authorize the making of any press release or public statement or disclosure pertaining to this agreement without the prior written consent of the other party, regulatory compliance excepted. However in the case any information is to be given to the statutory authorities, the parties shall immediately inform the same to the other party and shall incorporate the views, language and contents communicated by the parties, if
any.

10. INTELLECTUAL PROPERTY

10.1 The User acknowledges that all rights to the Intellectual Property belong to Servetel.
10.2 The User access to the Intellectual Property will be terminated upon the termination of this Agreement.
10.3 Servetel is permitted to use the logo and corporate name of the User in its marketing and promotional material.

11. FORCE MAJEURE

11.1 Except for payment obligations, neither party shall be liable for any defaults or delay in the performance of its obligations if and to the extent such default is caused directly or indirectly, by fire, floods, act of God, act of public enemy, civil commotion, sabotage, wars, insurrections, riots, labour disturbances, go-slow, governmental actions, damage to machinery on account of accident or passing of any statutory order by the authority/ies, prohibiting performances of the obligations by either party whatever the causes are, which would violate the performances of the Agreement.
11.2 In such event, the non performing Party will be excused from any further performances or observance of its obligations so long as such circumstances subsists and such party shall take reasonable efforts to recommence performances or observance. Such Party shall to the extent possible immediately notify the other party of aforesaid force majeure circumstances.

12. INDEMNITY

12.1 Each Party (“Defaulting Party”) hereby undertakes and agrees to indemnify and keep and hold the other Party (“Non Defaulting Party”) indemnified and harmless from and against all claims, proceedings, damages, losses, actions, costs and expenses arising as a consequence of or out of this Agreement or arising from any breach of terms and conditions of this Agreement.
12.2 User hereby undertakes and agrees to indemnify and keep and hold Servetel indemnified and harmless from and against all claims, proceedings, damages, losses, actions, costs and expenses arising as a consequence of or out of this Agreement or arising from any breach of rules and regulations of TRAI and DOT or any other applicable law in the use of cloud communication products
12.3 All indemnities shall survive the expiry or termination of this Agreement.

13. TERMINATION

13.1 Either party may, at its absolute discretion, terminate this Agreement at any time, without assigning any reason by giving advance one month (1) notice in writing to the other party. Notwithstanding anything contained herein, termination of this Agreement for any reasons whatsoever shall not relieve either Party from any obligations to the other arising from acts done on or before the effective date of termination.
13.2 Either Party may forthwith terminate this Agreement upon issuing a written notice for the same, save in relation to a re-organisation, reconstruction or amalgamation not affecting the creditworthiness of the other Party, upon the occurrence of any of the following events:
13.2.1 Insolvency of the other Party;
13.2.2 If the other Party enters into an arrangement or composition with its creditor(s) or if a receiver of the Party’s property or any part thereof, is appointed;
13.2.3 If a petition for winding-up is presented in any court against the other Party;
13.2.4 If the other Party engages in any illegal or unfair practice with respect to the obligations under this Agreement;
13.2.5 Failure to correct any material breach by the defaulting Party of any obligation under this Agreement within a period of fifteen (15) days from the date of receipt of notice by the non – defaulting Party for remedying such breach.
13.3 Notwithstanding the foregoing, if a delay or failure to perform a Party’s obligation due to a Force Majeure Event exceeds sixty (60) days, the other Party may immediately terminate this Agreement. In such case of termination, neither Party to this Agreement will be liable for breach of this Agreement to the extent such breach is caused by or arises from any Force Majeure Event.
13.4 Upon termination initiated by the User, Servetel would be eligible for the payment due to it, prior to the effective date of any such termination.
13.5 In case the User decides to discontinue the usage of services from Servetel Communications, the following conditions will apply:
13.5.1 For cases where Servetel Communications has failed to provide the services as promised, the user can claim 100% refund, provided the services have not been used.
13.5.2 For cases where Servetel has failed to provide the services as promised, however, the user has availed the services provided in part or in full, Servetel will only be liable to refund the part of services unused by the client.
13.5.3 For cases wherein the user is dissatisfied with the services provided, he/she may claim 50% of the unused part of services by showing justifiable reasons for the said dissatisfaction.
13.5.4 User can claim a 100% refund within 15 days of placing the order without showing any cause, provided the services have not been used.
13.5.5 In the absence of plausible cause, no refund claims will be entertained once service acceptance is received from the user.
13.6 The provisions of Clause #2: TERM ought to be read as part and parcel herein
13.7 Servetel shall preserve all the records, supporting data and the information in compliance with the applicable law. This obligation survives termination of this Agreement.

14. Exit Policy and Transfer of Ownership of the Display Number

14.1 In case the contract between Servetel and the User has expired and the User decides not to renew the contract or extend services, Servetel can, upon request, assist with the transfer the ownership of the display number to the User. The following conditions will dictate this policy:
14.1.1 Only virtual mobile numbers shall be transferrable.
14.1.2 The ownership of Landline/PSTN/Toll-Free numbers is not transferrable.
14.1.3 Servetel will charge a nominal fee of INR 1000, plus taxes, to assist with the transfer of ownership.
14.1.4 In case the user decides to initiate the process on his/her own, Servetel will terminate & release the number from its end and the user will have to contact the telecom operator directly to obtain the ownership of the number. In this case, the user does not have to pay any fees for transfer of ownership to Servetel.
14.1.5 Servetel does not offer assistance in Mobile Number Portability on active display numbers. In order to avail this service, the services to the display numbers will have to be discontinued before the process of port-out can be initiated.
14.1.6 In case User decides to take the assistance of Servetel in transferring the ownership, Servetel will help by clearing outstanding dues on the number, providing a No-Objection Certificate for transfer and a port-code to the User.
14.1.6.1 Servetel will assist with this process a maximum of three times for any display number. If the ownership does not get successfully transferred after the third attempt, Servetel will return the number back to the service provider and the user may then directly obtain the number from the service provider.
14.1.7 For numbers that have been ported-in to Servetel by User at the time of subscription, no fee will be charged to transfer the ownership back to the User at the time of termination of services.
14.1.8 In case of numbers that have been transferred by User at the beginning of the subscription, Servetel will only assist with the transfer back to the User until a period of thirty (30) days from the date of expiry, post which the number will be released back to the telecom operator and Servetel will no longer be responsible for giving the ownership back to the User.
14.1.9 The provisions of Clause #2: TERM ought to be read as part and parcel herein

15. Unavailability of Desired or Committed Display Number

Servetel will try to amicably resolve such issue by proposing best alternatives as a replacement to the desired number. No refund will be entertained if Servetel does not find genuine interest on part of the customer to resolve the issue, however if the issue is not resolved within 30 days from the date of payment, customer is entitled to 75% of amount paid, in addition to any charges paid towards obtaining a vanity display number.
15.1: The provision of Clause #2: TERM ought to be read as part and parcel herein

16. MISCELLANEOUS

16.1 This is a non-exclusive Agreement and it does not, in any manner, restrict User from appointing any other person(s)/agencies to do same/similar/identical work on such terms and conditions as User may deem fit.
16.2 This Agreement shall prevail over any other terms or conditions contained in Servetel’s invoices/bills or any other document.
16.3 This Agreement constitutes the whole Agreement and/or the entire understanding between the parties and there are no promises, terms, conditions and/or obligations oral or written, expressed or implied other than those contained herein.
16.4 It is understood by the parties that this Agreement is strictly on a principal-to-principal basis. The parties herein are and shall be, with respect to the subject matter of Agreement, independent service providers of one another and nothing herein shall be deemed to create an agency, partnership, employment, or joint venture relationship between the said parties.
16.5 All notices required to be served under this Agreement shall be in writing and sent by registered mail or by facsimile, to the other party hereto at the addresses provided herein before or any later addresses, notice of which having been previously given by one party to the other. All such notices shall be effective upon actual receipt or it shall be deemed to have been received on the fifth day after the day of dispatch.
16.5.1 If to User: Address as listed in the registered User details at the time of signing up, unless revised at a later date by the User.
16.5.2 If to Servetel:
Servetel Communications Pvt Ltd.
BOUGAINVILLA APARTMENTS
POCKET B3
VASANT KUNJ, NEW DELHI
Attention: Managing Director
16.6 Neither parties shall assign, delegate or transfer any rights, duties or obligations hereunder or interests herein without the prior written consent of the other party and any attempted assignment without the prior written consent of the concerned party shall be null and void.
16.7 In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
16.8 The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.
16.9 This Agreement may only be modified in writing, by the mutual assent of the parties to this Agreement and signature of a duly authorized officer of each party hereto.
16.10 Any right or obligation which becomes absolute before termination/expiration of this Agreement for any reason,or which is by definition of a continuing nature, will survive such termination/expiration.

17. SETTLEMENT OF DISPUTE AND JURISDICTION

17.1 That all disputes and differences arising out of or in connection with this Agreement (Dispute), shall be resolved through discussion between the parties. If the Dispute is not resolved through discussion within a period of thirty days (30) from the date of rising of Dispute then it will be referred to the sole arbitrator to be jointly appointed by the User and Servetel If the Parties fail to reach agreement with respect to the appointment of an arbitrator within 30 calendar days of any Party’s notice to the other Party of the existence of a dispute or difference, then there shall be three (3) arbitrators, one each nominated by Servetel and User and the third chosen by the two arbitrators so nominated whose appointment shall be agreed between the Parties within seven (07) days of an arbitration notice. The proceedings of arbitration shall be governed by the terms of the Arbitration and Conciliation Act 1996 or any statutory enactment thereof. The award of the arbitrator shall be final and binding upon the parties hereto. The arbitration proceedings shall be held at New Delhi and the language of arbitration will be English language.
17.2 Any legal action pertaining to this Agreement shall be subject to the jurisdiction of Courts of New Delhi alone to the exclusion of other courts.
17.3 Notwithstanding the foregoing, however, nothing contained herein shall be deemed to prevent either Party from seeking and obtaining injunctive and equitable relief from any court of competent jurisdiction without the posting of any bond or other security.
Annexure – e-KYC
Officially Valid Documents (OVDs) for the purpose of producing proof of identity: Please upload only the following formats of documents [insert applicable formats like PDF / DOC / etc]
• Passport, Driving License user
• Voters’ Identity Card
• PAN Card
• Aadhaar Card issued by UIDAI and NREGA Card
• Company incorporation certificate
• Memorandum of association
• Articles of association
• Shops establishment certificate