|This contract is between FinAlyzer and its Customers
|An individual or legal entity that pays to use the FinAlyzer Application
|The site of applications available at https://finalyzerapp.beyondsquare.com or any of its sub-domain
|The features of FinAlyzer Application that a Customer can use during free trial or after sign-up
|An order confirmation form that captures key terms & conditions of the Services that Customer purchases from FinAlyzer
|Individual people or accounts that are designated and Authorized by Customer to access FinAlyzer Application
|All Contact Information and other permitted information submitted by Customer to, or collected by Customer via, the Service. Customer Data does not include Sensitive Information.
|Term or Contract Term
|Total duration of contract for which FinAlyzer needs to provide Services to the Customer as per Purchase Order
|The frequency of Billing
FinAlyzer will use commercially reasonable efforts to make Services available 24×7 except in case of planned Downtime (defined below) and Force Majeure (defined later in the agreement).
FinAlyzer may shut down the Services to perform planned maintenance of the platform or to upgrade the platform. To the extent possible and reasonable, we will schedule such downtime in non-business hours for majority of our Customers over weekend. We will provide at least 8 hours of notice for such downtime.
FinAlyzer grants a non-transferable, non-exclusive, worldwide right to permit Users authorized by Customer to access and use the Services subject to the terms of the Agreement.
Customer agrees that:
The use of Services may be limited by criteria specified as per applicable pricing plan/purchase order. Some examples of limitation are: number of users, number of entities, data usage and storage, number of reports, advanced features etc. Any overuse of Services, if technically permitted, will be reported and may lead to additional billing to or suspension of Customer Account or both after due intimation to Customer.
Customer agrees that it shall not
Customer will pay service fee (“Fee”) for using the Services as per the subscribed plan or as described in Purchase Order. The paid Fee will be non-refundable and payment obligations are non-cancellable unless exceptions are provided in this Agreement or Purchase Order. The Fee is for purchases of Services (or subscription) and not for usage. For example, if a Customer purchases the Service for one year but uses only for 1 month, then the Fee paid is non-refundable.
The Fee may be broken down in multiple payments over monthly, quarterly or yearly Billing Cycles. The Fee applicable to a Billing Cycle will be paid in the beginning of the Billing Cycle. The payment schedule will be described in applicable pricing plan/Purchase Order.
FinAlyzer reserves the right to monitor and audit usage of Services by Customer to determine use within permitted limits. Any overuse of the Services, even if permitted technically, whether notified to Customer or not will be billed to Customer in next Billing Cycle. FinAlyzer may notify Customer about overuse and advise it to move to a different tier. Any change to billing tier may lead to change in Payment obligations and payment schedule that will be captured by a revised Purchase Order.
All fee is payable in net 15 days. FinAlyzer will apply interest of lower of
a) 1.5% per month
b) maximum permissible under law in case of delay in Fee payment by Customer.
The Fee will remain unchanged during the Term of the applicable pricing plan/Purchase Order. Any hike in Service Fee by FinAlyzer will be applicable to existing Customers only after expiry of current Term.
All quoted Fee and Prices on FinAlyzer website are exclusive of any applicable taxes. Customer agrees to pay any applicable taxes on the Services whether it has been mentioned in applicable pricing plan/Purchase Order or not.
FinAlyzer supports all major electronic modes of payments.
Customer agrees to provide accurate Credit Card, Debit card or Bank information as may be needed to process the payments. Customer also agrees to update FinAlyzer about change in any payment information that may impact processing of payment in current or subsequent billing cycles. Any failure of payment processing due to inaccurate information may lead to suspension or termination of Customer Account.
Auto-renewal of paid plan Customers unless Customer provides termination notice
For paid plan customers, the Term of the Agreement will be as per the payment plan subscribed by the customer or as defined in Purchase Order. By entering into this Agreement Customer agrees to pay for the full Term of the Services. The Agreement cannot be cancelled by either party for convenience within the Term. Upon expiry of current term, the Agreement will automatically renew to next term whose duration and fee schedule will be same as current Term unless FinAlyzer provides a 30 day notice to Customer on change of fee, schedule or any other aspect of contract. Any party that does not want to renew the Agreement after expiry of current Term needs to provide a notice of 30 days to other party before the expiry.
Termination for cause
In case of any breach by FinAlyzer, the Customer shall serve a 30 day notice to FinAlyzer to rectify the breach. If FinAlyzer is unable to rectify it within 30 days from the date of notice, the Customer will have right to terminate the agreement with immediate effect. In this case the Customer will be entitled to get a refund of the fee for the unused term (unused term included the 30 day notice period). For example if a Customer signs up and pays for 1 year and serves the notice of breach after 7 months which results in termination after 30 days then Customer will get refund for 5 months.
FinAlyzer also reserves the right to terminate the Agreement with a 30 days’ notice if Customer breaches this agreement with a 30 day notice. No refund will be provided to Customer if FinAlyzer terminates the Agreement for Cause.
Return of Customer Data
Within 30 days of termination of the agreement for cause or convenience, the Customer can request FinAlyzer to provide a copy of reports stored in its account at FinAlyzer. FinAlyzer will make available such reports within 15 days of such request.
Notwithstanding any clause in this agreement, Customer’s obligation to pay for any due and unpaid invoices will remain intact. This includes termination for non-payment of dues occurring because of overuse of subscription limits.
Non FinAlyzer Providers
No purchase of non-FinAlyzer products or services is required to use the Services except a supported computing device, operating system, web browser and Internet connection. You may however use a third party products supported by FinAlyzer or independent or use consulting services from a third party to derive additional benefits.
We are not responsible for service and support of non-FinAlyzer products even though they may be certified or recommended by us unless it is explicitly included in the applicable pricing plan/Purchase Order. We are not responsible for quality of service by a third party consulting or professional services firm.
In case of use of third party providers, the Customer data may be exposed to them. FinAlyzer is not responsible for protection for Customer data while it is being processed or used by third party.
The Legal Entity behind FinAlyzer entering into this Agreement is: BeyondSquare Solutions Private Limited, #370, 4th Cross, JP Nagar, Phase-III, Bangalore-560 078. Karnataka, India
Any notice or other communication required or permitted under this Agreement shall be given in writing to the other party at their respective addresses set forth below via hand delivery, or certified mail return receipt requested, or by nationally recognized overnight delivery service. The parties by notice may designate another address or individual to which a required notice may be directed. Notices shall be effective upon receipt. Each notice sent or mailed in the manner described above shall be deemed provided for all purposes at such time as it is delivered to the addressee (with the return receipt or the delivery receipt being deemed conclusive, but not exclusive, evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation.
If to Customer, to: Customer Name and Address as per Purchase Order
And if to FinAlyzer: Attn: Legal Department – FinAlyzer, BeyondSquare Solutions Private Limited, #370, 4th Cross, JP Nagar, Phase-III, Bangalore-560 078. Karnataka, India