Service Agreement
This Service Agreement ("Agreement") is entered into between SKEVAL (referred to as "Service Provider") and the user or entity utilizing the services provided by SKEVAL (referred to as "Client" or "You") (collectively referred to as "Parties"). This Agreement governs the terms and conditions under which SKEVAL provides its services to the Client.
1. Services Provided
1.1. Description: SKEVAL provides an evaluation platform and related services as described on its website and agreed upon by the Parties.
1.2. Service Level: SKEVAL will use commercially reasonable efforts to ensure the availability, performance, and functionality of the services, subject to scheduled maintenance and circumstances beyond its control.
2. Client Responsibilities
2.1. Usage Compliance: Client shall comply with all applicable laws and regulations while using the SKEVAL platform and services.
2.2. Account Security: Client is responsible for maintaining the confidentiality of its account login credentials and shall be solely responsible for all activities that occur under its account.
3. Fees and Payment Terms
3.1. Fees: Client agrees to pay the fees associated with the selected SKEVAL services as agreed upon during the registration or subscription process.
3.2. Payment Terms: Client shall pay all fees in accordance with the payment terms specified by SKEVAL. Failure to make timely payments may result in suspension or termination of services.
4. Intellectual Property Rights
4.1. Ownership: SKEVAL retains all ownership rights, title, and interest in and to its platform, services, and associated intellectual property, including but not limited to software, designs, trademarks, and copyrights.
4.2. Client Content: Client retains ownership of any content uploaded or submitted to the SKEVAL platform. By providing content, Client grants SKEVAL a non-exclusive, worldwide license to use, reproduce, modify, and display the content for the purpose of providing the services.
5. Confidentiality
5.1. Non-Disclosure: The Parties agree to treat all non-public information disclosed during the course of this Agreement as confidential and to use it solely for the purpose of fulfilling their obligations under this Agreement.
5.2. Exceptions: The obligations of confidentiality shall not apply to information that: (a) is publicly available; (b) is rightfully received from a third party without any obligation of confidentiality; (c) is independently developed by the receiving Party; or (d) is required to be disclosed by law or court order.
6. Limitation of Liability
6.1. Disclaimer: SKEVAL shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to the services provided, including but not limited to loss of data, revenue, or profits.
6.2. Indemnification: Client agrees to indemnify and hold SKEVAL harmless from any claims, damages, losses, or liabilities arising out of or related to Client's use of the SKEVAL platform or services.
7. Term and Termination
7.1. Term: This Agreement shall commence on the date of acceptance and shall continue until terminated as per the terms mentioned herein.
7.2. Termination: Either Party may terminate this Agreement upon written notice to the other Party in the event of a material breach. SKEVAL reserves the right to suspend or terminate services immediately in case of Client's non-compliance with the terms of this Agreement.
8. Governing Law and Dispute Resolution
8.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India.
8.2. Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved amicably through good faith negotiations. In the event of failure to reach a resolution, the dispute shall be submitted to the exclusive jurisdiction of the courts of India.
9. General Provisions
9.1. Entire Agreement: This Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior agreements, understandings, or representations, whether written or oral.
9.2. Modification: No modification or amendment to this Agreement shall be valid unless made in writing and duly executed by authorized representatives of both Parties.
9.3. Assignment: Neither Party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party, except for assignment to a successor in the event of a merger, acquisition, or change of control.
9.4. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By accepting the services provided by SKEVAL, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement.