1. General and Acceptance :

BY USING AND/OR VISITING THE WWW.MICET.IN WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.MICET.IN (as defined below; collectively, including all content available through the micet.in domain name and/or any sub-domain name such as www.mobile.micet.in, the “MIC Website”, or “Website”), is owned, maintained and operated by Mishra Informatics Center (“MIC”) and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF MIC’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.micet.in, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the MIC Website.

The Terms of Use constitute a binding legal agreement between You as user (“you”) and the subsidiaries and/or affiliates of MIC (the “MIC Affiliates”). MIC collaborates with the MIC Affiliates,from time to time, in order to facilitate the delivery of services to its Users and to collect payments.
For the purpose of these Terms of Use, a “Sub-website” of MIC shall be considered as any website which is part of the MIC service offering and which refers to these Terms of Use as the terms governing the use of such websites.

This Terms of Use Agreement sets forth the legally binding terms for your use of the MIC Services and they shall apply to all users of the MIC Website, including users offering content and/or other materials or services on or through the Website. By using the MIC Services, you agree to be bound by this Agreement. You are only authorized to use the MIC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE MIC WEBSITE AND DISCONTINUE USE OF THE MIC SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE MIC SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

In order to participate in certain MIC Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the micet.in Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.

micet.in may modify this Agreement from time to time and such modification shall be effective upon posting by micet.in on the Website. You agree to be bound to any changes to this Agreement when you use the MIC Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

2. OBLIGATIONS OF COMPANY :

Company shall make available the latest versions of this Agreement and Customer Product Agreement Extensions in the Customer Control Panel or on the Mishra Informatics Center Website.

3. OBLIGATIONS OF THE CUSTOMER :

3. A.    The Customer acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order or the Customer in the Customer Database, the data element in the Customer Database records shall prevail.
3. B.    The Customer acknowledges that all information of the Customer in the Company Database, including Authentication Information is accessible to Company and its Service Providers.
3. C.    The Customer shall comply with all terms or conditions established by Company and/or its Service Providers, as disclosed to Customer, from time to time.
3. D.    The Customer agrees to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer in the Company Database.
3. E.    Customer acknowledges that Company Products may be obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result, such services may be adversely affected. Customer acknowledges and agrees that Company shall not have any liability associated with any such service disruptions.

4.  RIGHTS OF COMPANY AND SERVICE PROVIDERS :

4. A.    Company and Service Providers may change any information, including Authentication Information of the Customer in the Company Database upon receiving authorization from the Customer in any form as maybe prescribed by Company from time to time.
4. B.    Company and Service Providers in its own discretion can at any point of time temporarily or permanently cease to sell a Company Product
4. C.    Company reserves the right to change pricing, minimum order levels, and discounts, of any Company Product, at any time.
4. D.    Company and its Service Providers, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within thirty (30) days of processing such Order. In such case Company may refund the fees charged for the Order, after deducting any processing charges for the same.
4. E.    Company and its Service Providers, in their sole discretion, expressly reserve the right to modify, suspend, terminate or cancel Company Products at any time without notice.
4. F.    Notwithstanding anything to the contrary, Company and its Service Providers, in their sole discretion, expressly reserve the right to, without notice or refund, access, delete, suspend, deny, cancel, modify, intercept and analyze traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of, suspend or transfer any Order, or to delete, suspend, freeze, or modify Customer Customer’s access to, the Company system under any of the following circumstances:
4. F. i.    In case of any breach or potential or threatened breach or any violation or potential violation of this Agreement, as determined by Company in its sole discretion;
4. F. ii.    To protect the integrity and stability of the Company system;
4. F. iii.    To comply with any applicable laws, government rules or requirements, requests of law enforcement, any dispute resolution process;
4. F. iv.    To comply with any agreements executed by Company;
4. F. v.    To avoid any civil or criminal liability, on the part of Company or its Service Providers, as well as their affiliates, subsidiaries, officers, directors and employees; or
4. F. vi.    If the Customer and/or its agents or any other authorized representatives of the Customer violate any applicable laws, government rules, or usage policies, including but not limited to, intellectual property infringement, as determined by  Company in its sole discretion.
4. G.    The Customer agrees that Company and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Company and Service Providers, are not liable for loss or damages that may result from any of the above actions listed in F above.
4. H.    Company and its Service Providers may publish, transmit, or share data in the Customer Database with any person or entity, or to contact any entity in the Customer Database, in order to recover any payment from the Customer for any service rendered by the Company including services rendered outside the scope of this Agreement for which the Customer has been notified and requested to remit payment.
4. I.    Company and its Service Providers may correct mistakes made by Company or its Service Providers in processing or executing an Order;
4. J.    In case of Orders involving web services, Company and its Service Providers can choose to redirect any Order to any IP address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid information to direct it to any destination. Customer acknowledges that Company and its Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, or any other rights, of Customer or a third party, or that the content displayed due to such redirection is inappropriate, or in violation of any applicable rule, regulation or law, or injurious to Customer or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
4. K.    Company has the right to rectify any mistakes in the data in its Database with retrospective effect.
4. L.     Company and its Service Providers reserve the right to prohibit the use of any of their services in connection with any Country-Code Top Level Domain Name (“ccTLD”) of any Sanctioned Country.
4. M.    Company and its Service Providers, in their sole discretion, expressly reserve the right to terminate access to the Customer Control Panel and/or suspend an Order without prior notice, and/or delete an Order without issuing a refund, if the associated Customer/Domain Contact is located in a Sanctioned Country or his/her details, existing or modified, match with an SDN entry. The Customer agrees that Company and its Service Providers, and their contractors, employees, directors, officers, representatives, agents and affiliates, are not liable for loss or damages that may result from any of the above.

5. TERM OF AGREEMENT AND RENEWAL :

The term of this Agreement shall be for the period set forth in the registration form presented to you at the time you purchase the Company Product (the “Initial Term”) and will automatically renew for successive renewal terms (hereinafter referred to each a “Renewal Term” and cumulatively the “Term”). The Term shall continue until the earlier to occur of the following:
5. A.  The Agreement is terminated as provided for in Section 6  (TERMINATION OF AGREEMENT); or
5. B.  The Customer elects not to renew any Company Product at the end of the Initial Term or any Renewal Term.

6. TERMINATION OF AGREEMENT :

6. A.     Company may terminate this Agreement and/or any Customer Product Agreement Extension:
6. A. i.     With immediate effect, if Customer is adjudged insolvent or bankrupt, or if proceedings are instituted by or against Customer seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of Customer’s property or assets or the liquidation, dissolution or winding up of a Customer’s business.
6. A. ii.    By notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances:
6. A. iii.    In the event that the Customer or an agent, employee, authorized or representative of the Customer materially breaches any term of this Agreement and/or any Customer Product Agreement Extension, including any of its representations, warranties, covenants and agreements hereunder,
6. A. iv. There was a material misrepresentation and/or material inaccuracy, and/or materially misleading statement in Customer’s information submitted to Company.
6. A. v. With immediate effect if
(a)the Customer is convicted of a felony or other serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Company reasonably deems as the substantive equivalent of any of these;
(b) the Customer is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or
(c) any officer or director of the Customer is convicted of a felony or of a misdemeanor related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Company deems as the substantive equivalent of any of these; or
6. A. vi. As otherwise provided for in Appendix ‘A’ and Appendix ‘C’.
6. B.    Customer may terminate this Agreement and/or any Customer Product Agreement Extension by notifying Company in writing, as of the date of receipt of such notice, in the event that the Customer does not agree with any revision to the Agreement or any Customer Product Agreement Extension made as per Section 12  (RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Customer Product Agreement EXTENSIONS) within thirty (30) days of such revision.
6. C.     Any Product Agreement Extension shall terminate with immediate effect in the event that:
6. C. i. Company ceases to sell the particular Company Product covered under that Product Agreement Extension
6. C. ii. Company’s contract with Service Provider for a particular Company Product terminates or expires without renewal
6. D. Effect of Termination of this Agreement
6. D. i. Company shall suspend all Customer’s access to all Company system,  immediately upon receiving a termination notice from the Customer or upon learning of any event, which Company reasonably determines, would lead to termination of the Agreement.
6. D. ii. Upon expiration or termination of this Agreement, all Customer Product Agreement Extensions signed by the Customer shall deemed to have been terminated with immediate effect
6. D. iii. Upon expiration or termination of this Agreement, Company may complete the processing of all Orders requested to be processed, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination[, provided that the Customer’s Advance Account with Company, if any has Clear Balance sufficient to carry out these Orders]. If Company is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed
6. E. Effect of Termination of any Customer Product Agreement Extension

6. E. i. Company may suspend Customer’s access to the applicable Company Products immediately upon receiving a termination notice from the Customer or upon learning of any event, which Company reasonably determines, would lead to termination of any Customer Product Agreement Extension
6. E. ii. Upon expiration or termination of any Customer Product Agreement Extension, Company may complete the processing of all Orders, of that Company Product, in the order that they were requested to be processed, provided that Company is in a position to fulfill these Orders, [and the Customer’s Advance Account with Company has Clear Balance sufficient to carry out these Orders]. If Company is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed
6. F. Any pending balance due from the Customer at the time of termination of this Agreement or any Customer Product Agreement Extension will be immediately payable.
6. G.  Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement or any Customer Product Agreement Extension in accordance with its terms, unless specified otherwise.  The Customer however shall be liable for any damage arising from any breach by it of this Agreement or any Customer Product Agreement Extension.

7. FEES / RENEWAL :

7. A. Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out in Appendix ‘C’
7. B. Company will charge a non-refundable fee for an Order unless stated otherwise in any Product Agreement Extension. The applicable fees will be displayed in the Customer Control Panel or on the HostGator India Website and during the registration process. Company has the right to revise this pricing at any time. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the HostGator India Website or on notification to the Customer via email to the Customer.
7. C. Customer acknowledges that it is the Customer’s responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Orders, via an email message and/or SMS alert sent to the contact information associated with the Customer in the Company Database.  Should renewal fees go unpaid for an Order, the Order will expire.
7. D. The Customer agrees to expressly authorize Company to send Order related transactional SMS messages, even in the case that the Customer’s mobile number is listed as DND with the concerned Telecom Regulatory Authority.

7. E. Company at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
7. F. Company makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.

8. LIMITATION OF LIABILITY :

8. A.  in no event will company or service providers or contractors or third party beneficiaries be liable to the customer for any loss of registration and use of domain name, or for interruptions of business, or any special, indirect, ancillary, incidental, punitive, exemplary or consequential damages, or any damages resulting from loss of profits, arising out of or in connection with this agreement, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if company and/or its service providers have been advised of the possibility of such damages.
company further disclaims any and all loss or liability resulting from, but not limited to:
8. A. i. loss or liability resulting from the unauthorized use or misuse of authentication information;
8. A. ii. loss or liability resulting from force majeure events;
8. A. iii. loss or liability resulting from access delays or access interruptions;
8. A. iv. loss or liability resulting from non-delivery of data or data miss-delivery;
8. A. v. loss or liability resulting from errors, omissions, or misstatements in any and all information or company product(s) provided under this agreement;
8. A. vi. loss or liability resulting from the interruption of service.
8. B. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Company by the Customer, then in no event will the liability of Company exceed actual amount paid to Company by the Customer for the Order in question minus direct expenses incurred with respect to that Order.
8. C. both parties acknowledge that the consideration agreed upon by the parties is based in part upon these limitations, and that these limitations will apply notwithstanding any failure of essential purpose of any remedy. in no event will the liability of the company relating to this agreement exceed total amount paid to company by the customer during the most recent three (3) month period preceding the events giving rise to such liability.

9. INDEMNIFICATION :

9. A.  The Customer, at their own expense, will indemnify, defend and hold harmless, Company and its Service Providers, and their contactors, employees, directors, officers, representatives, agents and affiliates,  against any claim, suit, action, or other proceeding brought against Company or its Service Providers based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Company Products provided hereunder or use of the Company Products, including without limitation:-
9. A. i. infringement by either the Customer, or someone else using a Company Product with the Customer’s computer, of any intellectual property or other proprietary right of any person or entity;
9. A. ii. arising out of any breach by the Customer of this Agreement;
9. A. iii. relating to or arising out of any Order or use of any Order; and
9. A. iv. relating to any action of Company carried out on behalf of Customer as described in this Agreement.
9. B. Customer will not enter into any settlement or compromise of any such indemnifiable claim without Company’s prior written consent, which shall not be unreasonably withheld.
9. C. Customer will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Company in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

10. INTELLECTUAL PROPERTY :

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Company to the Customer, or by any disclosure of any Proprietary Information to the Customer under this Agreement.

Customer shall further ensure that the Customer does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Customer acknowledges that Company cannot and does not check to see whether any services or the use of the services by Customer under this Agreement, infringes or violates the legal rights of others.

11. OWNERSHIP AND USE OF DATA :

11. A. Customer agrees and acknowledges that Company owns all data, compilation, collective and similar rights, title and interests worldwide in the Customer Database, and all information and derivative works generated from the Customer Database.
11. B. Company and its Service Providers and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as may be required for compliance with any agreements executed by Company or its Service Providers in order to fulfill services under this Agreement, or for any other appropriate reason.

12. RIGHT TO MODIFY THE AGREEMENT :

Company reserves the right to revise the terms and conditions of this Agreement and change the Company Products at any time at Company’s sole discretion.  Unless otherwise provided, any such modification will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the HostGator India Website.  The Customer agrees to review the Customer Control Panel and HostGator India Website including the agreements, periodically, to be aware of any such revisions.   If the Customer does not agree with any revision, the Customer may terminate this Agreement according to Section (6) of this Agreement.  The Customer agrees that, continuing use of the services under this Agreement following notice of any revision, will constitute as an acceptance of any such revisions or changes

13. TAXES :

The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Company Products.

14. FORCE MAJEURE :

Neither Party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either Party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither Party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either Party’s performance of this Agreement, such Party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such Party uses best efforts to avoid or remove such causes of non-performance as soon as possible.

15. ASSIGNMENT / SUBCONTRACTORS :

The Customer shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third party without the prior written consent of the Company.  Company may assign its rights and obligations under this Agreement, and may engage service providers, subcontractors or agents in performing its duties and exercising its rights hereunder without the Customer’s consent.  Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, permitted successors and assigns of the Parties.

16. CUSTOMER – CUSTOMER TRANSFER :

16. A. Company may transfer the Order of the Customer to another Person, Organization or any other Legal entity under the following circumstances:
16. A. i. Authorization from the Customer and/or their Agent or Authorized Representative in a manner prescribed by Company from time to time;
16. A. ii. On receiving orders from a competent Court, Law Enforcement Agency, or recognized Regulatory body;
16. B. In the above circumstances the Customer shall extend full cooperation to Company in transferring the Order from the Customer.

17. DISCLAIMER :

17. A. THE COMPANY SYSTEM ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
17. B. COMPANY AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
17. C. COMPANY AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, COMPANY SYSTEM OR BY ACCESSING COMPANY SERVERS. WITHOUT LIMITING THE FOREGOING, COMPANY AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT
(A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH COMPANY SYSTEM OR COMPANY SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR
(B) THE INFORMATION AVAILABLE ON OR THROUGH THE COMPANY SYSTEM/COMPANY SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR
(C) THE FUNCTIONS OR SERVICES PERFORMED BY COMPANY AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE COMPANY SYSTEM WILL BE CORRECTED; OR
(D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR
(E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA.
17. D. COMPANY AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. COMPANY AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
17. E. FURTHERMORE, COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE COMPANY SYSTEM, COMPANY SYSTEM SERVERS, Mishra Informatics Center Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

18. JURISDICTION & ATTORNEY’S FEES :

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Company is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country where Company is incorporated.

19. MISCELLANEOUS :

19. A. Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
19. B. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
19. C. The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
19. D. This Agreement shall inure to the benefit of and be binding upon Company and the Customer as well as all respective successors and permitted assigns.
19. E. This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Company.
19. F. The Customer, Company, and its Service Providers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
19. G. Entire Agreement; Severability: This Agreement, which includes Appendix A, [Appendix B,] Appendix C and each executed Customer Product Agreement Extension constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
19. H. The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
19. I. Language: All notices, designations, and specifications made under this Agreement shall be made in the English AND/OR Simplified Hindi (Indian) Language only.
19. J. Dates and Times: All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the Registered office of the Company

20. BREACH :

20. A. In the event that Company suspects breach of any of the terms and conditions of this Agreement:
20. A. i. Company can immediately, without any notification and without assigning any reasons, suspend / terminate the Customers’ access to all Company Products and Services and the Company system.
20. A. ii. The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

21. NOTICE :

21. A. Any notice or other communication required or permitted to be delivered to Company under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to Company’s contact address specified on the MIC Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 16:00 hours local time, and otherwise on the next Business Day.