Terms of service In Chennai

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Long Term Service Agreement Chennai

CHENNAI :

Chennai is the capital of Tamil Nadu . It is located on the Coromandel Cost of the Bay of Bengal. It is known to be one of the biggest  economical , cultural and educational center of the country . Chennai is having the third largest expatriates population in India. It is also one of the largest municipal economies of the country . It is also selected as one of the city for the smart city out of the 100 cities under the smart city mission. The premier engineering Institute of India INDIAN INSTITUTE OF TECHONOLOGY , MADRAS is also located here.

 

Terms of Service Agreement Chennai

Terms of Services agreement rings a bell in all our ears, because they are widely used in almost every electronic platform, so whether if you're entering a new gateway or downloading a new application, the computer asks for your permission which has all terms of services, this establishes a relationship between the person and the developer at the other end, these are important as they play a role of an E-contract, which the customer has to abide by before using any of the services from the other end. Online contacts fall under the ambit of the Indian Contract Act & the Information Technology Act. Both these act provide a basis to the E-contracts, though customers blindly agree to the terms of services by the internet service providers these may have certain legal ramifications to it in future, though the number of cases that have been reported is marginally very less to nil. It is still important to establish and code an ambiguous term of services which maintains a transparency of access to data and functions pertaining to the app or platform for which the terms of services has been coded. To understand the Terms of Services Agreement, it is important to know why is it necessaryand how does one go about it and other necessary elements which are pertaining to it.

 

Reasons to have Terms of Service Agreement Chennai

A term of services agreement is very essential for the E-domains or the websites because it helps the user to understand the functions and content of it, through their own understanding. Furthermore, the importance of the Terms of Services Agreement can be understood as the following

  1. Providing Information to the user: The user gets to know about the content, policies, conduct, ownership and any additional data that the user is supposed to know, this is given in the agreement which helps the user to understand the various nuances in relation to the agreement, and everything that it entails
  2. Transparency: For building goodwill amongst the users, transparency is the most vital component. This agreement serves the purpose of building a healthy and transparent relationship with the owners of the domain and the users.
  3. Termination Policy: Termination of the services rests with the user, who can voluntarily terminate the services being provided to them and on the contrary, even the domain owner can terminate a user if he is found to be abusing the services or acting in an unlawful manner.
  4. Clarity about products and services: it entails of everything that a user needs to know in a very clear and unambiguous manner which clears a picture of functioning for the user.

 

The process of drafting a Terms and Condition Agreement Chennai

Many newbies in the industry need some prior experience in drafting the terms of services agreement because it should be one which conveys the whole purpose of the agreement, and should be concise in nature. CompanyVakil.com provides hassle-free and swift services in the drafting of terms of service. There are many nuances which one has to keep in mind while drafting terms of services agreement which are enumerated as the following

  • Detailed description of services – The agreement should vividly describe the services which are being provided by the website or the E-domain, this helps the customers in identifying what does the website entail of and what are they signing up for, hence it is important to give a clear picture of the products and services to the customers involved
  • Intellectual Property Information – this provides for the information regarding the credentials of the owner of the domain, who holds the trademarks and copyright, the person who has his rights vested in the IP, is considered the person responsible for happenings of his domain
  • Safety & Privacy Clause – this is the most important clause under the eyes of the law because this safeguards the privacy of data of the users which has been submitted by them. This has been declared a mandatory provision to be mentioned in any Terms of Services Agreement, without which the agreement won't be considered legally substantial.
  • Payment Structure – This states out clearly how are payments to be made, and at what intervals are the payments to be made, it states whether the prices are stable and uniform in nature or if they are in respect to change with time. Most importantly, the allocation and distribution are laid down in this clause of the agreement.
  • Guarantees and warranties – This refers to the protection a user can duly seek in case of a damage or refund or any other mishap that might arise in the future, it also prescribes whom to contact in case of a casualty
  • Termination Clause – This is one of the most important clauses in the agreement, this lays down the process of terminating services as provided by the domain. This basically lays down how to exit from the domain, one had signed up for. Another facet of this is, it lays down a zero tolerance policy to the customers who are found abusing the provisions as laid down by the agreement.
  • Legal Jurisdiction Clause – This is inserted in order to inform the customers about the court with which the jurisdiction lies in case of a dispute which may arise during the conduct of the domain.
  • Alteration of Provisions of Agreement – An agreement is dynamic in nature, hence the users should be duly notified that there can be any added changes that may be introduced by the owners of the domain in the near future.

Minimum Requirements of Long Term Service Agreement Chennai

There are certain basic requirements which are to be kept in mind whilst drafting a terms of services agreement which can be understood as the following

Complete Information: The domain for which the Terms of Services has been drafted, should have all the necessary information that a user is supposed to know, hence there should be detailed information regarding the owner of the domain, IP rights of the owner, Owner’s liability etc.

Exit Clause: Exit Clause is also known as the termination clause in the terms of services agreement; it provides conditions on which the user can be terminated and how the user can voluntarily choose to terminate an association with the domain.

Privacy Clause: This is the most crucial clause in the agreement; this is mandated by the IT Act Amendment, this lays down the protection policy of the entity, and about the security parameters for safeguarding the data provided to the users. This ensures that the data is not leaked to a third party, in any case whatsoever.

Advantages of Terms of Service Agreement Chennai                              

It is very crucial to have terms and services agreement because it sets transparency between the owner and the user, which communicates everything, that the said website or application or E-Portal stands for. The following are the benefits of the Long Term Service Agreement Chennai

Legal Obligations : A terms and services agreement is legally binding in nature, hence it attracts all the provisions of the Contract Act and the Information Technology Act, hence if there is an instance wherein the conditions mentioned in agreement are being violated, it is duly actionable by law and hence it can be dragged to the court of law.

  1. Intellectual Property Clause: The domain for which the terms of services agreement has been drafted has an IP Clause attached to it which specifies the ownership of copyright and trademark which rests with the concerned party, hence it makes the person a legally authorized entity with respect to the electronic domain.
  2. Terminating Users: Any user, who is found acting against the terms mentioned in the agreement, has his services being terminated which mean that the liability of the person who is the owner, also decreases and he can set out a zero tolerance policy and can terminate their services without a question.
  3. Legal Jurisdiction: A terms of services agreement can set a jurisdiction with regard to any legal dispute that may arise; the agreement contains which court will have the jurisdiction with respect to any legal matters. It is usually the place where the website or the E-domain has been developed.

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Terms of Services

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Frequently Asked Questions (FAQs) regarding Terms of Service Agreement Chennai

 

What is the privacy policy?

This policy is related to the privacy of the data of the user who has agreed to the terms of service agreement; it prevents the data from being given to a third-party hence preventing misuse.

 

Which Act governs the Terms of Service Agreement in India?

The Indian Contract Act and The Information Technology Act provide for provisions related to the Terms of Service Agreement

 

Can the Terms of Service Agreement Chennai be modified?

Yes, the terms of service can be modified, but it has to be mentioned in the agreement that the agreement is dynamic in nature.

 

Can a user be banned from using the services of the electronic domain?

Yes, any person who is seen abusing the services or indulging in any obscene/unlawful act, he is liable to get banned or terminated from using the services of the domain.

 

Where does the jurisdiction lie of cases which have been emerged through the terms of service agreement?

It usually lies where the office of the domain has been registered

 

What happens when someone doesn’t agree to the terms of services agreement?

If the user doesn't agree to the terms of the services agreement, he is unable to get access to the services of the domain

 

What all platforms require a Long Term Service Agreement Chennai?

Mobile apps, websites, E-commerce platforms etc., necessarily require a term of service agreement

 

Is privacy policy mandatory?

Terms of service agreement should necessarily entail of the privacy policy, as it has been mandated by the IT Act Amendment, and Reasonable Security Practices Rules 2011

 

What all does the Intellectual Property Ownership clause contain?

It comprises of trademark & copyright details and the owner with whom the rights of the same vests.  



Who can draft a Long Term Service Agreement Chennai ?

An individual can draft the agreement on his own, hire an attorney or approach a professional service for drafting the terms of service agreement in India

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