Terms of Service:User

Agreement and Scope of Work for Canvera Vivyo project

This agreement is being entered between Canvera Digital Technologies (Pvt) Ltd. (Canvera) and the registered client. This agreement is valid for a period of 1 year starting from the date of site going live. Both parties are entering into an agreement whereby Canvera will provide to the Registered Client, a web based administration application to manage one or more websites. Client will use the websites to allow his/her end customers to view, select and buy photo products (prints, posters, digital downloads etc.) directly from the website. Canvera will take the responsibility of online payment processing, fulfillment and delivery of orders for photo products.

Privacy and Confidentiality

During the validity of this agreement both parties will discuss and be exposed to information about each others' business models, products and services. Both parties agree to keep all such information confidential. Specifically,Canvera will:

  • Ensure privacy of images that client will upload to the websites and for fulfillment of print orders.
  • Ensure that the business model of client is not disclosed to any third party (individuals or businesses) including pricing, customer list etc.
  • Ensure that all content used (if provided by Canvera) in the website is authorized for usage by Canvera for the purpose of this project.
  • Canvera hereby agrees that the intellectual property on all photographs uploaded on the site lies exclusively with the client. Canvera also agrees that in the event any of the photographs uploaded by client on the site are used by them for any advertisement or other commercial purpose, the same shall be done only with prior written permission from client and he/she shall be compensated for such use as maybe mutually agreed between the Parties. Client will:
  • Ensure to not disclose any information pertaining to Canvera's product/service that is not publicly available and that he/she may have become aware of during the project, to any third party (individuals or businesses).
  • Not disclose pricing that Canvera has offered to client for the products and services being offered.
  • Ensure that any content being used by client on the website is authorized to be used by him/her legally.
  • Ensure that the distribution licenses to the music files used as background score on website are legally owned by the client.

International Access

The website may be accessed from countries other than India. If it is accessed and used outside India then visitors are responsible for complying with their local laws and regulations.

Payment Terms

Payment by Client to Canvera

100% Advance Payment as per the package subscribed* for Canvera Vivyo Online services as well as design services.

Payment by Canvera to Client (revenue share)

Canvera will pay client on a monthly basis. This amount will be the revenues of client after deduction of fulfilmen charges (including tax) and e-commerce transaction charges (including tax).

The payment amount will include service tax that client is liable to pay to the Service Tax Authorities.

Canvera will make a Tax Deduction at Source (TDS) of 10% of this amount and provide a TDS certificate to client, which they can use at the time of filing taxes. This is mandatory for Canvera based on the tax rules applicable for Indian Companies with respect to revenue sharing.

E-Commerce Transaction Charges (applicable for e-commerce enabled plans)

E-commerce transaction charges are applicable for online sales via Canvera Vivyo Websites. This charge is calculated as follows:
  • TotalRevenues = Total annual cumulative online transaction revenues (including taxes)
  • TotalPrintPricing = Price of the printed products applicable to cleint (including taxes)
  • EcommPercent = E-commerce transaction charges rate in Percent
  • Total E-CommerceTransaction Charges = (TotalRevenues-TotalPrintPricing) x EcommPercent

E-commerce transaction charges rate in Percent

Info The Total Cumulative Annual Revenues are revenues added up across all purchased websites during a 1 year period. The 1 year period starts from the date the very first website is published online.

Info Subscription period for any website will be applicable from the date on which the site is published to the Internet.

Early Termination

We can make it pro rata

Early Termination is not allowed for Canvera Vivyo websites with monthly subscriptions. For quarterly subscriptions, once early termination is initiated, the website will be charged for until the next month cycle and monthly rate will become applicable for the entire period of usage. For example, if the subscription got activated on 5th of February 2012 for 3 months, if early termination is initiated before 5th of March, then subscription charges for 2 months will be applicable (at monthly rate). If the early termination is initiated after 5th of March, then the entire 3 months subscription will be applicable at the quarterly rate.

For yearly subscriptions, once early termination is initiated, the website will be charged for until the next two months cycle and quarterly rate will become applicable for the entire period of usage (pro-rated for the number of months of usage). For example, if the subscription got activated on 5th of February 2012 for 1 year, if early termination is initiated before 5th of May, then subscription charges for 5 months will be applicable until 5th July 2012 (at quarterly rate pro-rated for 5 months). If the early termination is initiated after the 10th month, then the entire year's subscription will be applicable at the yearly rate.

Liability

Canvera is not liable for any content that is uploaded on the website by te client. Canvera will also not be liable if the website is accessed by third parties who have (directly or indirectly) got access to the website passwords. It will be the responsibility of the client to ensure the website passwords are given to entities they can trust.

Canvera will not be liable if the content from the websites is misused, copied or stolen from the websites as Canvera cannot control who has access to the sites.

Warranties

Warranties on Software Services

Canvera does not provide any warranties for the software. Client understands that the Canvera Vivyo product is in early stages of software development and users may potentially encounter software issues while using the website.

Canvera will ensure that it puts its best effort to rectify such issues promptly and minimize the downtime that may have been caused due to the issues.

Warranties on Printed Products

Canvera will replace any defective printed products within one week, provided the defect was caused due to Canvera's printing, manufacturing or packaging. Canvera is not liable to replace the product if the defect has developed due to mis-handling or negligence of the receiver of printed products.

The replacement will be processed only after receiving the defective products back. For all printed products and services, Canvera's Terms of Service applicable. Canvera Support Information

Terms of Service: Visitor

Canvera Vivyo: Terms of Service

Welcome to the website of ….... hosted by Canvera Vivyo, a platform by Canvera Digital Technologies Private Limited ("We" or "Us" or "Our").

You must be legally competent to enter into this Agreement. We do not render any advice, certifications, guarantees or warranties relating to the Canvera Services, We make available on this Site. The use of this Site is governed by these Terms and Conditions ("Agreement"). When you ("You" or "Your") use this Site, You acknowledge that You have read this Agreement and accept to be bound legally by the terms hereof or such terms as may be modified from time to time. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE CANVERA SERVICES OR THE SITE. We reserve the right at any time to change all or any part of this Agreement; change the Canvera Service, including by eliminating or discontinuing any Content on or feature of the Canvera Service; and change any fees or charges for use of the Canvera Service. Any changes We make will be effective immediately upon notice, which We may provide by any means including without limitation, posting on the Site or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You are responsible for checking this Agreement periodically for changes. Upon Our request, You agree to sign a non-electronic version of this Agreement.

Privacy and Confidentiality

During the validity of this agreement both parties will discuss and be exposed to information about each others' business models, products and services. Both parties agree to keep all such information confidential. Specifically,
Canvera will:

  • Ensure privacy of images that client will upload to the websites and for fulfillment of print orders.
  • Ensure that the business model of client is not disclosed to any third party (individuals or businesses) including pricing, customer list etc.
  • Ensure that all content used (if provided by Canvera) in the website is authorized for usage by Canvera for the purpose of this project.
  • Canvera hereby agrees that the intellectual property on all photographs uploaded on the site lies exclusively with the client. Canvera also agrees that in the event any of the photographs uploaded by client on the site are used by them for any advertisement or other commercial purpose, the same shall be done only with prior written permission from client and he/she shall be compensated for such use as maybe mutually agreed between the Parties.
Client will:
  • Ensure to not disclose any information pertaining to Canvera's product/service that is not publicly available and that he/she may have become aware of during the project, to any third party (individuals or businesses).
  • Not disclose pricing that Canvera has offered to client for the products and services being offered.
  • Ensure that any content being used by client on the website is authorized to be used by him/her legally.
  • Ensure that the distribution licenses to the music files used as background score on website are legally owned by the client.

International Access

The website may be accessed from countries other than India. If it is accessed and used outside India then visitors are responsible for complying with their local laws and regulations.

Payment Terms

Payment by Client to Canvera

100% Advance Payment as per the package subscribed* for Canvera Vivyo Online services as well as design services.

Payment by Canvera to Client (revenue share)

Canvera will pay client on a monthly basis. This amount will be the revenues of client after deduction of fulfilmen charges (including tax) and e-commerce transaction charges (including tax).

The payment amount will include service tax that client is liable to pay to the Service Tax Authorities.

Canvera will make a Tax Deduction at Source (TDS) of 10% of this amount and provide a TDS certificate to client, which they can use at the time of filing taxes. This is mandatory for Canvera based on the tax rules applicable for Indian Companies with respect to revenue sharing.

E-Commerce Transaction Charges (applicable for e-commerce enabled plans)

E-commerce transaction charges are applicable for online sales via Canvera Vivyo Websites. This charge is calculated as follows:

  • TotalRevenues = Total annual cumulative online transaction revenues (including taxes)
  • TotalPrintPricing = Price of the printed products applicable to cleint (including taxes)
  • EcommPercent = E-commerce transaction charges rate in Percent
  • Total E-CommerceTransaction Charges = (TotalRevenues-TotalPrintPricing) x EcommPercent

E-commerce transaction charges rate in Percent

Info The Total Cumulative Annual Revenues are revenues added up across all purchased websites during a 1 year period. The 1 year period starts from the date the very first website is published online.

Info Subscription period for any website will be applicable from the date on which the site is published to the Internet.

Early Termination

We can make it pro rata

Early Termination is not allowed for Canvera Vivyo websites with monthly subscriptions.

For quarterly subscriptions, once early termination is initiated, the website will be charged for until the next month cycle and monthly rate will become applicable for the entire period of usage. For example, if the subscription got activated on 5th of February 2012 for 3 months, if early termination is initiated before 5th of March, then subscription charges for 2 months will be applicable (at monthly rate). If the early termination is initiated after 5th of March, then the entire 3 months subscription will be applicable at the quarterly rate.

For yearly subscriptions, once early termination is initiated, the website will be charged for until the next two months cycle and quarterly rate will become applicable for the entire period of usage (pro-rated for the number of months of usage). For example, if the subscription got activated on 5th of February 2012 for 1 year, if early termination is initiated before 5th of May, then subscription charges for 5 months will be applicable until 5th July 2012 (at quarterly rate pro-rated for 5 months). If the early termination is initiated after the 10th month, then the entire year's subscription will be applicable at the yearly rate.

Liability

Canvera is not liable for any content that is uploaded on the website by te client. Canvera will also not be liable if the website is accessed by third parties who have (directly or indirectly) got access to the website passwords. It will be the responsibility of the client to ensure the website passwords are given to entities they can trust.

Canvera will not be liable if the content from the websites is misused, copied or stolen from the websites as Canvera cannot control who has access to the sites.

Warranties

Warranties on Software Services

Canvera does not provide any warranties for the software. Client understands that the Canvera Vivyo product is in early stages of software development and users may potentially encounter software issues while using the website.

Canvera will ensure that it puts its best effort to rectify such issues promptly and minimize the downtime that may have been caused due to the issues.

Warranties on Printed Products

Canvera will replace any defective printed products within one week, provided the defect was caused due to Canvera's printing, manufacturing or packaging. Canvera is not liable to replace the product if the defect has developed due to mis-handling or negligence of the receiver of printed products.

The replacement will be processed only after receiving the defective products back.

For all printed products and services, Canvera's Terms of Service applicable.

Canvera Support Information

For Canvera Vivyo business inquiries, please email vivyo@canvera.com

For technical support on Vivyo related products and services, please email vivyosupport@canvera.com