You must register with us in order to open a DIRECT IT SOLUTION Account and use the Services. We allow both individuals and Legal Entities to register with DIRECT IT SOLUTION. Without any legal obligation to do so, we require certain information from you, to permit the use of the Services. You must provide accurate and complete information. In addition, you must keep the information that you provide up-to-date at all times. For business Users, you are only permitted to apply and enrol, if you represent a legitimate business and have the authority to enter into this Agreement on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept this Agreement and have the authority to bind such business entity. You further represent and warrant that the business entity has all the requisite consents, approvals, certificates, agreements, registrations and licences in accordance with the laws, regulations, rules and guidelines in force in India from time to time..

ELIGIBILITY

If you are a child under 13 years of age, we may need your parent or guardians consent before allowing you to use the service. This Site is intended for use by you only if you are 18 years of age or older. The service is not available to any users previously removed from the service by DIRECT IT SOLUTION. If you are using or opening an account to use the site on behalf of a company, entity or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that subscribing entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such subscribing entity. Additionally, users are prohibited from transferring their DIRECT IT SOLUTION account to another party. If you do not qualify, you may not use the DIRECT IT SOLUTION Service. You further represent and confirm that you are not a person debarred from using the DIRECT IT SOLUTION website and/or receiving the DIRECT IT SOLUTION Services under the laws of India or other applicable laws. The Services and your DIRECT IT SOLUTION Account can only be used in India. You acknowledge that the Services may be subject to restrictions imposed by the laws, rules, regulations, and guidelines in force in India. *** DIRECT IT SOLUTION is not responsible for cardholder data and the security and safety of the said cardholder data bkz we are not saving any data from our end.

USERNAME AND PASSWORD

You must choose a reasonably descriptive Username that clearly identifies you or your business. This name may appear on the Buyer Account statement. If a Transaction dispute results from your failure to use a reasonably descriptive username, you agree to indemnify DIRECT IT SOLUTION for any costs stemming from such dispute. As part of the DIRECT IT SOLUTION registration process for opting services , you will create a password for your DIRECT IT SOLUTION Account. You are responsible for maintaining the confidentiality of the password and the DIRECT IT SOLUTION Account and are fully responsible for all activities that occur under the DIRECT IT SOLUTION Account, including, without limitation, all actions by sub-users registered under the DIRECT IT SOLUTION Account. You agree to (a) immediately notify DIRECT IT SOLUTION of any unauthorized use of your password or the DIRECT IT SOLUTION Account or any other breach of security, and (b) ensure that you exit from your DIRECT IT SOLUTION Account at the end of each session. DIRECT IT SOLUTION cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Clause or from any unauthorized access to or use of the DIRECT IT SOLUTION Account. In the event of any dispute between two or more parties as to ownership of a particular DIRECT IT SOLUTION Account, you agree that DIRECT IT SOLUTION will be the sole arbiter of such dispute, at its sole discretion and that DIRECT IT SOLUTION's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

VERIFICATION OF INFORMATION

We may share some or all of the information you provide with the Payment System Providers, Card Associations, Issuing Institutions, other financial institutions and governmental authorities. By accepting the terms of this Agreement, you authorize DIRECT IT SOLUTION to request for supplemental documentation at any time (before or after your DIRECT IT SOLUTION Account has been activated), in order to verify your identity, the accuracy of the information provided, legitimacy of your business, and/or your Buyers, including a Buyer report that contains your name and address, etc. If we cannot verify that this information is accurate and complete, we may deny your use of the Services, or close your DIRECT IT SOLUTION Account at any time. We may, without being obliged under law to do so, also request for additional information to keep in conformity with the Know Your Customer (“KYC”) requirements under the laws, regulations, rules, guidelines in force in India from time to time

OUR RELATIONSHIP WITH YOU

We provide online services for ERP, Software , Mobile Application, Hosting solution Etc. Through the payment gateway provider accepting Payment made by Buyers for services availed or for a specified purpose, using Valid Cards, net banking and any other acceptable modes of payment mechanism provided by us. These Transactions are between payment gateway provider and Buyers and we are only acting as an intermediary. We are NOT (i) a payment System Provider as defined under the Payment and Settlement Systems Act, (ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938. As an online facilitator/intermediary, we act as an Service provider in a way:

Being the link between the Buyers and the Payment System Providers for enabling the Buyers to make Payments, generating invoices on the DIRECT IT SOLUTION website for the Transactions carried, using Payment System Provider’s Services. The Payment System Provider will authenticate, authorize and process the Payment instructions given by the Buyers on the Website, in respect of the Transactions, upon fulfilling valid criteria as set forth by the Payment System Providers from time to time and accordingly transfer such authorized funds from the Buyer Account to our ("Payment Gateway Provider") In order to serve in this role, we have entered into agreements with various Payment Gateway Provider who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services (hereinafter referred to as the “Payment System Providers”), to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers (hereinafter referred to as the “Payment System Providers Services”).

BUYERS RELATIONSHIP WITH US.

The User (Buyers b) must register with DIRECT IT SOLUTION. The Sellers must require their Buyers to register with DIRECT IT SOLUTION and to accept the terms of this Agreement. All Transactions are governed by the terms of this Agreement. In addition, the Seller will ensure compliance by its Buyers with all applicable laws, rules, and regulations in forces in India, regulations and guidelines issued by RBI and guidelines set by DIRECT IT SOLUTION, Payment System Providers and Card Associations. We may conduct verification checks on Buyers to ensure account ownership and sufficient balance. We and/or the Payment System Provider may refuse to process payments from Buyers at our discretion. The Buyer will provide all records, evidence and documentary evidence to appropriate authorities, regulators (as may be required), Payment System Providers and to DIRECT IT SOLUTION upon request from such authorities, regulators, Payment System Provider and/or DIRECT IT SOLUTION. The Buyer hereby grants its consent to DIRECT IT SOLUTION for disclosure of its information, including without limitation to the sensitive personal data or information, to: (a) the head office of DIRECT IT SOLUTION; or (b) with whom DIRECT IT SOLUTION enters into (or may potentially enter into) any contractual or other arrangement in relation to any of its Services; or (c) to whom DIRECT IT SOLUTION may outsource the performance of any of its operational functions; or (d) the agents, intermediaries to whom specific functions of DIRECT IT SOLUTION have been delegated; or (e) the employees, advisors, auditors, legal counsel, etc. of DIRECT IT SOLUTION, or to any other person or authority as may be required under the applicable law(s) or regulation(s); or (f) any person or entity that DIRECT IT SOLUTION reasonably determines needs to receive such information; solely for the purpose of rendering the Services under this Agreement(including any ancillary or incidental activities thereof).

YOUR OBLIGATION TOWARDS PAYMENT SYSTEM PROVIDERS

As you will be using the Payment System Providers Services, you consent and agree to comply with the guidelines, instruction, request, etc made by the Payment System Providers from time to time. You further acknowledge that the Payment System Providers may also put limitations and restrictions on you, at its sole discretion. We will notify you of any such guidelines, instructions, requests, restrictions and/or limitations etc by e-mail. In addition, these Payment System Providers have the right to reject payments, suspend or terminate services, make inspections or inquiries in relation to the transaction, etc for reasons more clearly expressed in this Agreement. If you fail to comply with your obligations towards the Payment System Providers, we may suspend or terminate your DIRECT IT SOLUTION Account.

APPLICABLE CARD ASSOCIATION RULES

"Card Association Rules” refer to the guidelines and processes established and defined by the Card Associations. These Card Associations have infrastructure and processes to enable transaction Authorization. The Card Associations require you to comply with all applicable guidelines, rules, and regulations formulated by them. The Card Associations reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change this Agreement in pursuant to amendments to the Card Association Rules and such amendments if any shall be deemed to be binding on the Users. You agree to fully comply with all programs, guidelines, requirements that may be published and/or mandated by the Card Associations. Notwithstanding our assistance in understanding the Card Association Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Association Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites. In the event that your non-compliance of Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Association, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded.

YOUR AUTHORIZATION

By accepting the terms of this Agreement, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the Payment System Providers and our Account to process each Payment Transaction that you authorize. Thereafter you authorise us to transfer the Payments received from your Buyers to the bank account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your DIRECT IT SOLUTION Account is closed or terminated.

TRANSACTION CONFIRMATION AND ACCOUNT HISTORYs.

When you receive a Payment with respect to a Transaction, we will update your DIRECT IT SOLUTION Account activity and provide you with a Transaction confirmation stating ‘Paid’. This confirmation will serve as your receipt. The Users acknowledges that DIRECT IT SOLUTION will only release the Transaction Confirmation upon receiving the confirmation with respect to Authentication and Authorization of such Transaction (Buyer’s Account being debited or charged) from the Payment System Provider (“Transaction Confirmation”). We will not be responsible for any Transactions that have not been confirmed to us to the Seller. Summary of your DIRECT IT SOLUTION Account activity is available on your DIRECT IT SOLUTION Account. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data and (b) reconciling all transaction information that is associated with your DIRECT IT SOLUTION Account. If you believe that there is an error or unauthorized Transaction activity that is associated with your DIRECT IT SOLUTION Account, you agree to contact us at immediately not later than 5 (five) days.

COMMUNICATION POLICY

By accepting the terms and conditions the User accepts that DIRECT IT SOLUTION may send the alerts to the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User. The User acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the User may not get/get after delay any alerts sent during such period. DIRECT IT SOLUTION will make best efforts to provide the service and it shall be deemed that the User shall have received the information sent from DIRECT IT SOLUTION as an alert on the mobile phone number provided during the course of registration and DIRECT IT SOLUTION shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold DIRECT IT SOLUTION liable for non-availability of the service in any manner whatsoever. The User acknowledges that the SMS/Email service provided by DIRECT IT SOLUTION is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the User observes any error in the information provided in the alert, DIRECT IT SOLUTION shall be immediately informed about the same by the User and DIRECT IT SOLUTION will make best possible efforts to rectify the error as early as possible. The User shall not hold DIRECT IT SOLUTION liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the User on account of the SMS facility. The User acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. DIRECT IT SOLUTION shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. The User agrees to indemnify and hold harmless DIRECT IT SOLUTION and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which DIRECT IT SOLUTION and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the User, and/or (ii) the User providing incorrect number or providing a number that belongs to that of an unrelated third party, User also agrees to receive information regarding what DIRECT IT SOLUTION perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. By accepting the terms and conditions the User acknowledges and agrees that DIRECT IT SOLUTION may call the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User, for the purpose of collecting feedback from the User regarding the services. Grievances and claims related to services should be reported to DIRECT IT SOLUTION Care Team in the manner provided on the website.

DISPUTE RESOLUTION MECHANISM

The Users agree that, if any dispute(s) or difference(s) shall arise between the Buyer and Seller in connection with or arising out of this Agreement, the User alleging the dispute(s) or difference(s) shall contact DIRECT IT SOLUTION’s support at admin@directitsolution.com. On receipt of a communication with respect to a dispute or difference, DIRECT IT SOLUTION’s dispute resolution team will provide 5 Business Days to the Buyer to resolve the dispute amicably and oversee the same. In the event that the dispute is not resolved within the period stipulated above, DIRECT IT SOLUTION will act as a neutral party and resolve the dispute in accordance with DIRECT IT SOLUTION’s internal guidelines and processes created in this respect. DIRECT IT SOLUTION and the User shall adhere to the principle of natural justice while resolving the dispute. The dispute resolution team will endeavor to ensure that the dispute is resolved within 7 Business Days from the lapse of the period stipulated for amicable resolution of the dispute. The User hereby grant DIRECT IT SOLUTION the authority to assist them in resolving the dispute and authorize DIRECT IT SOLUTION to take adequate and appropriate actions in this respect. All actions to resolve the dispute taken by DIRECT IT SOLUTION are authorized by the Users and DIRECT IT SOLUTION shall not be liable for the same under any circumstances whatsoever.

OUR FEES

In consideration for the Services provided by us, the Seller agrees to pay, the applicable fees as mentioned on the Website (“Fees”). These Fees will be deducted by the Payment Getway Provider from the amount payable to the Buyers. in respect of the Payments made by its Buyers. The Fees payable to Payment Getway Provider will be net of applicable tax (including service charges, cesses, etc.). Sellers may increase their prices to include the cost of these Fees or may choose to disclose these increases to their Buyers as a “Service Fee”. However, Sellers may only do this in compliance with Card Association Rules. Subject to the terms of this Agreement, we reserve the right to change our Fees. We will intimate you of any such change within reasonable time. By continuing to use the Service, you consent to the change in Fees. To withdraw your consent, you will need to close your account. Or For any other reasonable reasons.

TRANSACTION DISPUTE

Transactions may be disputed at anytime up to 180 (one hundred eighty) days, from the date of Transaction by the Buyers as per the Card Association Rules. Disputes resolved in favour of the Buyers may result in reversal of Payments to the BUYERS. In the event of rejection/suspension of Payments to the Seller, Chargebacks, refunds and/or any other dispute relating to the Transactions contemplated under this Agreement (“Disputed Transaction”), on any grounds whatsoever, we will forthwith notify the Seller of the same. On such notification the Seller will conduct an internal review of such matter and will, within 5 (five) days from receipt of notification, revert to us in writing either: requesting us to refund (“Refund Request”) the Payment received by the Seller in respect of such Transaction (“Refund Monies”); or Providing us with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction. In the event that the Seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) day period or contests Disputed Transaction without providing supporting documentation to ours, Payment System Providers, Card Association and/or Issuing Institution’s satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the Nodal Account with respect to Payments made by the Seller’s Buyers. In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the Security Deposit and/or set-off the remaining Refund Monies against the future payables to the Seller and refund the same to the respective Buyers. The Seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the Parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the Seller, Buyer or any other person.

MERCHANT RISK ASSESSMENT

may, from time to time during the term, make or carry out risk assessments on the Seller and/or the Transactions carried out on the Seller’s Web-store (each a “Risk Assessment”) which shall inter alia be for the following purposes:
verify that the Seller is properly constituted and operates a bona fide business;
verify that the Seller has sufficient safeguards in place to protect Buyer’s Data;
quantify and investigate the levels of fraud or Seller’s default relating to the Transactions; and/or provide any other comfort that we (acting reasonably) may require in the context of its exposure under this Agreement and the agreements with the Payment System Providers or Card Associations, and the Seller shall provide all reasonable assistance and information to us with respect to such Risk Assessments.
We may periodically obtain additional reports to determine whether you continue to meet the requirements of this Agreement. You agree that we are permitted to collect and share information about you and your application (including whether you are approved or declined), and your DIRECT IT SOLUTION Account with the Payment System Providers, Card Associations, Issuing Institutions, other banks, financial institutions and governmental authorities. This includes sharing information (a) about your Transactions for regulatory or compliance purposes (including compliance with KYC), (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct DIRECT IT SOLUTION’s risk management process.
addition, you agree that we may ask for additional information at any time, and may decline or reverse Transactions at any time based on the risk they pose to the Seller, the Buyer and/or to us.
The User shall notify DIRECT IT SOLUTION forthwith of any issue of which it is aware that is reasonably likely to have an adverse impact on the Seller’s trading position, credit risk or our exposure under this Agreement. If, at any time after we have made or carried out a Risk Assessment or it has been notified of an issue, we determine (acting reasonably) that the Seller or circumstances relating to the Seller represent a material credit risk or potentially increase our exposure under this Agreement, we may: terminate this Agreement with immediate effect; and defer the payments due to the Seller for such period as we deem appropriate (acting reasonably) to address the credit risk or exposure and, where necessary, such amount (in whole or part) may be applied towards any amount owed by the Seller to us under this Agreement. If, at any time, we discover that a fraud has been committed you; or you have in connivance with any other person done any fraud or assisted in the same, or any transaction has been fraudulently initiated, we may report the same to any governmental and/or law enforcement authorities.

INSPECTION

The Seller shall maintain records of such periodical checks in such manner as may be specified by us and/or the Payment System Providers. We and/or the Payment System Providers shall be entitled to check and audit records and statements of Seller to ensure compliance with the Seller’s obligations under this Agreement at such intervals or times as we and/or the Payment System Providers may deem fit. We and/or the Payment System Provider may also inspect your business location. If you refuse such inspection, your DIRECT IT SOLUTION Account may be terminated. We reserve the right to suspend or terminate the DIRECT IT SOLUTION Account of any User who provides inaccurate, untrue, or incomplete information, or fails to comply with the DIRECT IT SOLUTION Account registration requirements. If the Seller refuse such inspection or provides inaccurate, untrue, or incomplete information, or fails to comply with the terms and conditions of this Agreement, we reserve the right to suspend or terminate the DIRECT IT SOLUTION Services forthwith.

TAXES

The Users hereby agree that they will bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes), surcharge etc. arising from their use of the Services and in relations to the Payments made under this Agreement. The Users are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid or withheld for any reason. You are solely responsible for collecting, withholding, reporting and remitting correct taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether taxes apply, or calculate, collect, report or remit any taxes to any tax authority arising from any transaction. In addition, you are responsible for compliance with any applicable central, state or local tax laws.

PRIVACY

Your privacy is very important to us. Upon acceptance of this Agreement, you confirm that you have read, understood and accepted our Privacy Policy. By using our Service, you may receive information about Buyers or other users. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the User.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will we, and our processor (i.e. the Payment System Providers and bank), or our licensors (or their respective affiliates, agents, directors and employees) be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use, or unavailability of the Service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your DIRECT IT SOLUTION Account or the information contained therein. To the maximum extent permitted by applicable law, we and our processors (and their respective affiliates, agents, directors, officer and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User content or the defamatory, offensive, or illegal conduct of any third party. In no event will we, (or our respective affiliates, agents, directors, and employees) aggregate liability from any cause whatsoever exceed the sum equivalent to 1 (one) month’s aggregate preceding Fee earned by us under this Agreement from the date of occurrence of such liability. In no event will the bank or the Payment System Providers be liable to the User in any way under this Agreement. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

GOVERNING LAW AND JURISDICTION

This Agreement will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of this Agreement may be brought exclusively in the competent courts/tribunals having jurisdiction in India in Mumbai and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

ARBITRATION

The parties to this Agreement hereby agree that they will work together to resolve any disputes that may arise under this Agreement; In the event that disputes do arise under this Agreement, which the parties to this Agreement are unable to settle amicably, the dispute will be settled in accordance with the Arbitration and Conciliation Act, 1996 as modified from time to time deemed to be incorporated by reference under this Clause; The place of arbitration will be Mumbai and the language of the arbitration will be English; The parties will jointly appoint a sole arbitrator. If the parties to this Agreement do not agree on a sole arbitrator within thirty (30) days of the date of service of notice of arbitration by the party initiating arbitration, the parties will each appoint one arbitrator and the two arbitrators appointed by the parties will appoint the third arbitrator, who will be the chairman of the arbitral tribunal. If both arbitrators are unable to agree on the appointment of the third arbitrator then the appointment of the third arbitrator should be done in accordance with the Rules; and The award of the arbitrator will be final conclusive and binding upon the parties to the dispute.

LIMITATION ON TIME TO INITIATE A DISPUTE

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.

RIGHT TO AMEND

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at www.direct itsolution.com or any other website maintained or owned by us for the purposes of providing Services in terms of this Agreement. Any use of the Services after our publication of any such changes will constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification will be governed by the Agreement that was in place when the Dispute arose.

ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Agreement to its associate’s of affiliates of other group company, pursuant to a restructuring or re-organization or demerger of its organization or operations. We will provide an intimation of such assignment to you, which will be binding on the parties to this Agreement.

MODIFICATION OF TERMS OF SERVICE

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the software or Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including notice on our website at www.directitsolution.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement, and communicate to you. Any use of our software or Services after our publication of any such changes will constitute your acceptance of this Agreement as modified.

PUBLICITY AND ADVERTISEMENT

We will have the right to use the name and/or trademark/logo of the Seller in any sales or marketing publication or advertisement.

FORCE MAJEURE

We will not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the Payment System Providers performance.

WAIVER

Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

SURVIVAL OF PROVISIONS

The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of this Agreement.

SEVERABILITY

If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.

NON-EXCLUSIVITY

It is agreed and clarified that this Agreement is on a non-exclusive basis and the Parties are at liberty to enter into similar Agreements with others.

NOTICES

All notices, requests, demands, waivers and other communications required or permitted to be given under the Agreement will be in writing to be sent to the following addresses: The Director, Direct IT Solution Private Limited. To the name and address provider for at the time of registration. Or, in each case, at such other address as may be specified in writing to the other parties in accordance with the requirements of this Clause. All such notices, requests, demands, waivers and other communications will be deemed duly given (i) if by personal delivery, on the day after such delivery, (ii) if by certified or registered mail, on the tenth day after the mailing thereof, (iii) if by courier service or similar service, on the day delivered, or (iv) if by facsimile or telegram, on the day following the day on which such facsimile or telegram was sent, provided that a copy is also sent by registered mail and, in the case of a facsimile, electronic confirmation of receipt is received.

CONTACT INFORMATION

CONTACT INFORMATION Direct IT Solution Private Limited. Jaina Tower II, 411, Janakpuri District Center, Janakpuri, New Delhi, Delhi 110058 Ph: 011-26100286/386 E-Mail: contact@Directitsolution.com We use third party payment gateway services and have no control over these services. We use commercially reasonable efforts to make sure that your payment source information is kept strictly confidential by using only third party payment gateway services that use industry standard encryption technology to protect your payment source information from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your payment source information.