NCrypted Technologies License, Product Support & Service Level Agreement (SLA)
Version: 1.3
Last Updated: 23 January 2021
Governing Jurisdiction: Gujarat, India
1. DEFINITIONS
For the purposes of this Agreement:
a. "Software" means any platform, source code, application, product, module, or feature provided by NCrypted, including any customized components.
b. "Client" or "You" means the entity or individual that has lawfully purchased a license or commissioned services.
c. "Support" refers to assistance provided by NCrypted regarding bugs, issues, or questions about the software or custom development.
d. "Deliverable" refers to any output, product, module, or code delivered to the Client.
e. "Customization" refers to any development or modifications beyond standard features, performed on request.
2. LICENSE TERMS
a. One single-use license is granted for installation on a single domain. Additional domains require separate licenses.
b. Development or localhost licenses are permitted only upon NCrypted’s written approval.
c. Redistribution, resale, sublicensing, or franchising of the Software or parts thereof is strictly prohibited.
d. Reverse engineering, decompiling, or circumventing licensing controls is strictly prohibited.
3. TECHNICAL SUPPORT POLICY
a. Support Coverage
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Free technical support is provided for 1–3 months from the date of:
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Purchase (for ready-made products), or
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Delivery/UAT (for customization projects).
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Support is applicable only to issues related to the core product and does not cover:
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Customizations performed by the client or third parties.
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New features or consultation beyond existing functionality.
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b. Support Conditions
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Support tickets must be submitted within the valid support period.
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Open tickets concerning defects submitted during the valid period will be resolved beyond expiration, but no new issues can be added post-expiry.
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Response time for support tickets is typically within 48 business hours.
4. WARRANTY TERMS
a. Scope of Warranty
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Warranty covers technical bugs and major/minor defects, as defined in the agreement or proposal.
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The warranty does not cover:
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Third-party script failures
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Hosting/server issues
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Client-side data entry errors or misconfigurations
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b. Acceptance Criteria
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A Deliverable is considered accepted if:
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Written acceptance is received; or
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No substantial complaint is raised within 7 days of delivery; or
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The Deliverable is used in production.
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5. PROJECT RE-INITIATION POLICY
Where a project is paused for more than 30 calendar days and the related milestone(s) remain unpaid, a Re-Initiation Fee shall apply prior to project resumption.
| Project Value | Re-Initiation Fee |
|---|---|
| Lost software/data backups | US$500 – $1,000 |
| Up to $10,000 | $1,000 |
| $10,001 – $25,000 | $2,000 |
| $25,001 – $50,000 | $3,500 |
| $50,001 – $100,000 | $5,000 |
| $100,001 – $250,000 | $7,500 |
| Over US$250,000 | As agreed in the MSA |
Note: NCrypted is not obligated to retain backups or environments for paused projects beyond 30 days.
6. SOFTWARE UPGRADES
a. NCrypted provides patch files free of charge during the support window.
b. Upgrade implementation assistance is available at a fixed cost.
c. Clients who have made modifications must request custom upgrade integration for an additional fee.
d. NCrypted is not responsible for data loss or overwritten customizations during manual upgrades.
7. REFUND POLICY
a. No refund is available for:
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Ready-made digital products once delivered.
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Custom development projects after work has commenced or deliverables are provided.
b. Unused balance from upfront payments may be transferred to other NCrypted services/products upon mutual agreement.
8. SERVICE AVAILABILITY AND RESPONSE TIMES
a. Availability: NCrypted endeavors to provide 99.5% uptime for hosting-based services (if applicable).
b. Response Times:
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Standard Support Response: 24–48 business hours
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Issue Resolution (Bugs): 3–5 business days, depending on severity
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Critical Production Issues: Prioritized upon request
9. CLIENT RESPONSIBILITIES
The Client agrees to:
a. Cooperate and provide timely inputs for UAT, approvals, and access.
b. Not misuse or unlawfully distribute the Software or documentation.
c. Ensure server/hosting environments meet the minimum requirements.
10. LIMITATION OF LIABILITY
NCrypted provides all products and services “as is” without warranties of any kind.
a. No warranty of merchantability, fitness for a specific purpose, or non-infringement is implied.
b. NCrypted shall not be liable for indirect, incidental, or consequential damages.
11. TERMINATION & BREACH
a. NCrypted may terminate the license if the Client:
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Breaches license or SLA terms
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Files a dispute via a payment gateway
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Delays in project/milestone payments beyond agreed terms
b. All complimentary services become billable upon breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
a. This SLA shall be governed by the laws of Gujarat, India.
b. Any disputes that are not mutually resolved by both parties must be addressed to the arbitration centers in Rajkot or Ahmedabad, Gujarat, India.
b. All disputes that are further escalated and, as such, directed by the arbitration resolution center shall be subject to the exclusive jurisdiction of the courts located in Rajkot, Gujarat, India.
13. COPYRIGHT NOTICE, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
a. The Software, platform, application, and all deliverables provided under this Agreement (collectively referred to as the “Software”) are the exclusive intellectual property of NCrypted Technologies Pvt Ltd, India ("NCrypted").
b. The Software includes, without limitation:
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Source code (PHP, HTML, JS, CSS)
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Frontend/backend files
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Database schemas, SQL scripts, XML configurations
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Design layouts, business logic, and all associated documentation
c. All copyrights, trademarks, trade secrets, and other proprietary rights in and to the Software and its components (whether delivered or under development) remain the sole and exclusive property of NCrypted.
d. The Software may include certain third-party libraries or components that are licensed under their respective open-source or proprietary licenses. Use of such third-party components is subject to their applicable license terms.
e. The Client is granted only a limited, non-exclusive, non-transferable license to use the Software per the license terms described herein. No title or ownership rights are transferred to the Client.
f. The Client may not, under any circumstances, redistribute, sublicense, resell, reverse engineer, disassemble, or otherwise attempt to derive source code or underlying ideas from the Software without NCrypted’s prior written consent.
g. "NCrypted", the NCrypted logo, and all related product names and brand identifiers (including, but not limted to - BistroStays, Nlance, Fundraiser, BooknRide, Flihot, CloneDaddy, Thumbpin, Taskgator, Jobgator, NCT VCT, StartupGuru, Trademart, Soundify, Busewe, Fashmark, GProve, ShareCaar, ConnectIn, PetSitCare, Netube, and Bookitt) are trademarks or registered trademarks of NCrypted Technologies Pvt Ltd and may not be used without express permission.
Any other name, trade name, or trademarks used may be the property of their respective owners and may not have any formal association with NCrypted.
14. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under this Agreement due to acts beyond its reasonable control, including but not limited to natural disasters, acts of government, labor strikes, internet failure, or technical failures outside its reasonable control. The affected party shall promptly notify the other party and use commercially reasonable efforts to resume performance.
15. AMENDMENTS
a. NCrypted Technologies reserves the right to amend, modify, or update the terms of this Service Level Agreement (SLA) at any time, without prior notice, for general application to future clients and engagements.
b. Ongoing Contracts
For any contracts that are active and ongoing at the time of such amendment, NCrypted will make a reasonable effort to notify the Client of the updated terms. However, such changes shall not retroactively alter the agreed obligations under any signed engagement or Statement of Work (SOW), unless mutually agreed in writing.
c. Mutual Amendments to Signed Agreements
Any amendments or modifications to this SLA as it applies to an ongoing project, specific engagement, or custom agreement must be made in writing and signed by both NCrypted and the Client. No verbal, oral, or implied modifications shall be valid or enforceable.
16. SEVERABILITY
If any provision of this SLA is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
17. ENTIRE AGREEMENT
This SLA, together with any applicable license agreements, order forms, or statements of work (SOWs), constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter herein.
18. NOTICES
All legal notices and claims should be directed to: legal [at] ncrypted.com
