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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 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.
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
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
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.
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.
Full Detail
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.
The Indian Contract Act and The Information Technology Act provide for provisions related to the Terms of Service Agreement
Yes, the terms of service can be modified, but it has to be mentioned in the agreement that the agreement is dynamic in nature.
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.
It usually lies where the office of the domain has been registered
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
Mobile apps, websites, E-commerce platforms etc., necessarily require a term of service agreement
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
It comprises of trademark & copyright details and the owner with whom the rights of the same vests.
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