Thank you for using the V2 Farm Management Software. The V2 Farm Management Software is owned by CRYSCOL SOLUTIONS and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. The V2 Farm Manangement Software together with any updates, revisions, substitutions, and any copies made by or for you, are referred to in these terms of service as the V2 Service “V2 Farm Management Software”. Sometimes Cryscol is referred to as "V2 Service",“we,” “us” or “our”. By using the "V2 Service", you agree to these terms of service (the “Cryscol Terms”) and the V2 Service Agreement or other agreements, as may be applicable, (together the “Agreement”) governing the use of V2 Service and accompanying applications (“V2 Service”). In the event of any inconsistency between these Cryscol Terms and the Agreement, these Cryscol Terms control.
Cryscol reserves the right to update and change, from time to time, these V2 Service Terms or any documents incorporated by reference. Cryscol may change these V2 Farm Terms by posting a new version. Use of the V2 Service after such change constitutes acceptance of such changes.
The Customer subscribes to the Plan and in so doing agrees upon and accepts these General Terms & Conditions.
These General Terms & Conditions prevail over the Plan to the extent of any inconsistency.
The Customer warrants the Plan meets the Customer’s needs at the Commencement Date and for the duration of the Term.
The Customer may change Plans at any time using the Website or otherwise with the consent of V2 Service and the Customer shall pay any additional Service Fees or charges from the start of the next billing period.
"V2 Service" shall provide the Services to the Customer in accordance with the Plan
"V2 Service" shall deliver the Services in accordance with Good Industry Practice.
The Customer uses the Services and the Website solely at its own risk.
The Customer warrants that it has obtained its own independent professional and technical advice, or has decided not to do so, prior to entering these General Terms & Conditions and that it shall use the Services hereunder freely and voluntarily without duress or pressure to do so from "V2 Service"".
The Customer acknowledges and agrees that:
V2 Service is not licensed to provide financial advice or financial services; and
V2 Service provides general advice only and not specific financial or other advice of any kind.
The Customer shall use the Services at its own risk and shall not rely upon the Services as a substitute for specific financial or other advice.
The Customer undertakes and agrees to obtain independent financial advice from a duly qualified and licensed financial adviser separately to any use of the Services.
The Customer hereby releases and discharges "V2 Service" and its officers, employees, agents and assigns from and against any liability arising as a consequence of any advice provided in connection with the Services
The Customer shall access the Services via the Website.
V2 Service may access the Customer’s Data and Login Codes any time for any reason without the prior consent of the Customer and without giving prior notice to any person for doing so.
The Customer is licensed to use, and shall use, the Services and the Website only for the Authorised Use.
The Customer shall only permit its officers and employees who are Authorised Users to use the Services and the Website.
The Customer shall comply with the Acceptable Use Policy.
The Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership all Data and Content uploaded, collected or otherwise hosted and/or processed on the Website for the Services.
The Customer authorises V2 Service, and warrants that V2 Service is authorised (including by any relevant third parties) to access and manipulate Data if in V2 Farm’s sole opinion that is reasonably necessary to provide the Services.
V2 Service owns or is licensed to use all Intellectual Property in the Services and the Website.
The Customer licenses, and warrants that V2 Service is authorised, to use, copy, modify, configure and integrate the Data and Content supplied by the Customer for the purposes of these General Terms & Conditions.
The Customer shall not copy, hack, alter or disseminate the Services or Website in any way, nor allow any third party to do so
The Customer agrees V2 Service may suspend or terminate the Services and access to the Website if any infringement of a third party’s Intellectual Property occurs or is alleged in connection with the Website.
The Customer shall regularly and independently store and back up all of its Content and Data submitted or uploaded to the Website in accordance with Good Industry Practice.
The Customer shall implement and maintain a disaster management plan for its activities and/or enterprise and shall be solely responsible for rectifying any events which interrupt the Customer’s ability to access and use the Services and the Website pursuant to the General Terms & Conditions.
If the Services or the Website are the target of a DDoS or any other electronic attack or threat, V2 Service may, at any time and without giving prior notice to any person, take such protection and/or mitigation measures as it in its sole discretion considers reasonably necessary, including:
suspending the Services and the Website;
moving the Services, the Website and/or any Content or Data to a quarantine server;
implementing access control lists; and/or
applying IP address filtering and/or blocking software or algorithms.
If V2 Service takes any such measures, it may continue them until such time as the attack or threat is considered by V2 Service (in its absolute discretion) to be eliminated, avoided or otherwise dealt with.
The Customer shall pay the Service Fees set out in the Plan and as otherwise agreed in writing between the parties.
V2 Service may vary the Service Fees at any time by serving not less than 7 days’ prior written notice of the same upon the Customer and giving the Customer an opportunity to terminate this agreement prior to the expiry of that notice period if the Customer does not accept the varied Service Fees. The Customer shall not be entitled to any compensation or other remedy in the event of termination hereunder. Upon the expiry of the notice period, if the Customer has not terminated, the Customer shall be deemed to have accepted the varied Service Fees as notified by V2 Service.
V2 Service may block and/or suspend the provision of or access to the Services and Services if any Service Fees are unpaid or become overdue (whether in whole or in part).
V2 Service may at its sole discretion recommence or restore the provision of or access to the Services if any overdue invoice for Service Fees is paid.
The Customer acknowledges and agrees that it may take up to 48 hours for any Service to be recommenced or restored.
The Customer shall pay Service Fees by credit card, electronic funds transfer, direct debit, or in any other manner agreed by V2 Service. Where payment is made or taken by credit card, V2 Service shall be entitled to add a reasonable surcharge of up to 2.5% of the total amount due under any invoice.
V2 Service may pass on and charge the Customer any fees, levies or charges it incurs as a result of any credit card, direct debit, cheque or similar payment transaction failing or being declined.
Unless otherwise stated, Service Fees are exclusive of GST. The Customer shall, in addition to Service Fees, pay V2 Service the amount of the GST. The Customer shall be entitled to a tax invoice for its payments for Services.
The Customer must not deduct or set-off any money owing to it or any money which the Customer reasonably anticipates will become owing to it by V2 Service from any money due to V2 Service under these General Terms & Conditions.
Customer acknowledges that all subscription fees are charged on-demand basis (both month-to-month). Our Month calculation is 30 Days duration NOT month end.
The Customer account will automatically cancelled if the customer didn't subscribe for the month
All subscriptions, are on-demand month-on-month basis only. If the customer would like to cancel subscription they don't need to purchase the plan for the month
The Customer data will be retained for the next 60 days from the date of the cancellation
After 60 days the customer data will be deleted/destroyed from the system and no longer will be available for usage for the customer.
When the existing customer re-subscribe for the plan after 60 days of after auto-cancellation, the customer's old data will NOT be available
The chosen Basic or Pro Plan Service is billed in advance on a monthly basis only and is non-refundable;
V2 Service does not offer prorated refunds for canceled subscription plans for the month
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made
The Customer may terminate these General Terms & Conditions, with or without giving any reasons for doing so.
V2 Service may terminate the service by giving not less than 30 days’ written notice to the other party, and upon giving such notice these General Terms & Conditions shall terminate at the expiry of the 30 days.
The termination of these General Terms & Conditions by either party is without prejudice to any other right or remedy which they may have against each other at law or in equity.
V2 Service will not be liable for any failure or delay in the performance of its obligations under these General Terms & Conditions to the extent such failure or delay is caused by a Force Majeure Event.
If a Force Majeure Event arises, V2 Service shall use reasonable endeavours to promptly advise the Customer of the details of the Force Majeure Event and its likely effect on the performance of V2 Service’s its obligations hereunder, and V2 Service shall take all steps reasonably necessary to recommence performance of the affected Services and minimise any delay caused by the Force Majeure Event.
If a dispute arises out of or relates to these General Terms & Conditions, the breach, termination, validity or subject matter of these General Terms & Conditions, or any claim in tort, in equity or pursuant to any domestic or international statute or law, then subject always to the Agreement and to the dispute expressly agree to endeavour in good faith to settle the dispute.
A party claiming that a dispute has arisen must give written notice to the other parties to the dispute specifying the nature of the dispute.
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this project. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice, the executives of both parties shall meet at a mutually acceptable time and place to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. In the event the parties cannot reach a satisfactory settlement under the aforementioned process, they each agree to present the dispute to non-binding mediation before a mutually agreeable neutral mediator at a mutually agreeable neutral site. If mediation is not successful, the parties may proceed to binding arbitration or litigation.
The Agreement shall be interpreted and governed in all respects by the Indian laws without giving effect to choice of law provisions. Any dispute arising under this Agreement shall be heard exclusively in the courts sitting in the State of Tamilnadu, India and the Parties hereby consent to the jurisdiction of such courts.
Nothing in this Agreement, and no course of dealing between the parties, shall be construed to create an employment or agency relationship or a partnership between a party and the other party. Each party shall be solely responsible for payment of its employees’ salaries (including withholding of income taxes and social security), workers' compensation, and all other employment benefits.
In the event any term or provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining terms and provisions will continue in full force and effect if the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable.
This Agreement sets forth the entire Agreement and understanding between the Parties with respect to the subject matter hereof, and replaces any prior oral or written communications. The attached Exhibits hereto are made a part of this Agreement. This Agreement shall not be supplemented, modified or amended except by a written instrument signed by duly authorized representatives of Client and Service Provider, respectively, and no other person has or shall have the authority to supplement, modify or amend this Agreement in another manner.
This Agreement may be executed in duplicate counterparts. Each such counterpart, if executed by both parties, shall be an original and all such counterparts together shall constitute but one and the same document. This Agreement shall not be deemed executed unless and until at least one counterpart bears the signature of each party’s designated signatory.