Privacy Policy | UnityLiving

1.0 DEFINITIONS

  • Data Centremeans Unityliving owned or facilities leased from third parties, for hosting the Software to provide the Hosted Services.
  • Helpdesk Servicesmeans the Client support services provided by Unityliving as specified in Schedule A.
  • Hosted Servicesshall mean (i) making the Software and its database available at the Data Center, on a software-as-a-service model, which may be securely accessed by the authorized Users via an Internet browser or the UnityLiving mobile application (ii) permitting the Users to use the Software, make payments and store data in the database available at the Data Center and (iii) permitting administrative and management Users of the Client to use the Software for managing the information regarding and transactions of owners and tenants of the Units.
  • Intellectual Property Rights or IPR : means all trade secrets, patents and patent applications, trade marks (whether registered or unregistered and including any goodwill accrued to such trade marks), service marks, trade names, business names, internet domain names, e-mail addresses, copyrights (including rights in computer software), moral rights, database rights, design rights, rights in know-how, rights in confidential information, rights in inventions (whether patentable or not) and all other intellectual property and proprietary rights (whether registered or unregistered, and any application for the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world.
  • Software: means the software named UnityLiving, (including all enhancements, customizations, API, bug fixes, future upgrades) the instance of which will be operated by Unityliving during the term of this Agreement for the access and use of the Client, from the Data Centre. The feature list of the Software is provided in Schedule A hereto.
  • Unit means an apartment, a villa or any residential/commercial unit in the complex managed by the Client.
  • User means (i) administrative user of the Client whose login id and password are provided by Unityliving (ii) users with management rights but with no administrative rights (iii) owner of a Unit and/or (iv) a tenant in such Unit; that the Client authorizes (based on the Unit numbers permitted in Schedule B) to access and use the Software and to avail Hosted Services. The Users other than the administrative category will be provided by a login id and password by Client.

2.0 HOSTED SERVICES, LICENSE GRANT AND IPR

During the term of this Agreement and as long as Client pays the specified amounts, Unityliving hereby grants to Client and Client accepts, a limited, personal, non-exclusive, non-transferable, license to avail Hosted Services and Helpdesk Services. This license does not grant any right to use or access the source code of the Software. The computer equipment within the Data Centre on which the Software will be provided shall be secured, operated and maintained consistent with the general industry practice applicable to the operation and security of such hosting services. The terms and conditions of the Data Centre operator shall apply to the use and access of the Software at the Data Centre.

Unityliving shall use commercially reasonable efforts to make available the Software available at the Data Centre for twenty-four (24) hours a day, seven (7) days a week (24x7), but excluding unavailability due to any scheduled/unscheduled maintenance, interruption to third party networks, Client’s or Users’ acts or omissions/breach of this Agreement or any other unavoidable situations. In all cases of unavailability of the Software at the Data Centre, Unityliving will work diligently to restore availability and keep Client informed about the severity of the outage and the estimated time to restore.

The Client agrees and acknowledges that all  Intellectual Property Rights in the Software and documentation is owned by Unityliving and nothing in this Agreement shall be construed to transfer or convey to the Client any proprietary rights or Intellectual Property Rights in the Software or any component or customization or documents thereof. All rights in the Software and documentation, other than those granted herein, are reserved. The use of any third party software provided along with the Software shall be subject to the licensing terms and conditions imposed by such third party licensor.

Client is deemed to have accepted the Software once they start using it for business purposes.

3.0 PRIVILEGES, LIMITATIONS AND RESTRICTIONS

Unityliving shall be providing only the Hosted Services. Any hardware components (including computers, laptops, handheld devices etc), connectivity, any software applications (other than the Software) required for accessing and using the Hosted Services shall be arranged and maintained by the Client prior to the commencement of live operations.

Client shall not directly or indirectly allow Users for more than the number of Units permitted by Unityliving in Schedule B hereto to access or use the Hosted Services. In the event Client requires license for additional Units, they may request Unityliving in writing along with the required payment, on receipt of which Unityliving may permit in writing to activate additional Units.  An act or omission of the personnel of Client (including Users) shall deem to be that of Client.

Unityliving may decide on the version of the Software to be used and may update the Data Centre accordingly. In case such updation requires changes for the infrastructure of Client, Client shall effect such changes. Any data migrations activities for the Client shall be charged extra.

Unityliving shall provide MS excel templates in which master details need to be filled in by Client for configuration. The Client shall provide all such information in the prescribed manner laid out by Unityliving.

Client shall not and shall not permit anyone to (i) copy, modify, adapt, enhance, customize or edit the Software (ii) reverse engineer, disassemble, decompile or otherwise attempt to derive the source code from the Software (iii) use or do or attempt to do anything in relation to the Software not expressly allowed by this Agreement (iv) provide processing services, commercial timesharing, rental, sharing arrangements or permit access of the Software to third parties (v) sell, lease, license, sublicense, assign or otherwise transfer the Software; and/or (vi) cause or allow any violation of Unityliving’ patents, copyrights, trademarks, trade secrets or other proprietary rights related to the Software.

Unityliving shall have the right to make inquiries and verify Client’s compliance with the provisions of these terms. Client agrees to co-operate and provide Unityliving such information and physical access to Client’s premises for any such verification as reasonably requested by Unityliving.

Unityliving reserves the right to intimate the Users regarding new features, functionalities of the Software and other matters through various means. Unityliving may also, through the Software, permit the Users to utilize services of third party vendors/service providers such as SMS service providers (strictly based on the norms of SMS Service provider and TRAI), online classifieds for rental services, online shopping cart services, online directory services etc. Unityliving retains the right to publish Unityliving’ or third party advertisements in the Software, mobile app, invoices, bills, receipts etc. Further there is a provision in the Software to have the advertisements of Users regarding real estate or other classifieds to be published in third party property management websites. This is an option for the Users and the terms of such use shall be intimated/displayed while opting for such services. All these are provided as value added services and Unityliving disclaims any responsibility regarding such third party vendors/service providers/advertisers and assumes no liability thereof.

4.0 PAYMENT GATEWAY

UnityLiving shall have the right to choose the payment gateway service provider/banks/aggregators to receive the online payments from Users for the Client. There shall be charges for each payment transaction or convenience charges payable by the Users which varies with service providers, is subject to government rules and is liable to change. Unityliving assumes no responsibility for any failed transaction or delay in payments or deficiency is service. However, UnityLiving will provide necessary support to Client to track the payments upon request. 

Payment Gateway service provider will authenticate, authorize, and process the payment instructions given by the Users upon fulfillment of valid criteria as set forth by the issuing Banks and the Card Associations from time to time and accordingly transfer such approved transaction amount from the User’s payment instrument to the nodal/escrow account as may be applicable. Client understands that Payment Gateway service provider and/or Card Association may reject authorization of a transaction placed by the User for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful transactions, use of compromised cards, use of blacklisted/banned cards or in accordance with the RBI, facility providers and/or Card Association rules, guidelines, regulations, etc and any other laws, rules, regulations, guidelines in force in India, etc.

The Client further acknowledges that as a risk management tool, Payment Gateway service provider reserves the right to limit or restrict transaction size, amount and/or monthly volume at any time. For the purpose of clarity such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on an individual valid card or Net Banking Facilities/account during any time period, rejection of payments from Users with a prior history of questionable charges, unusual monetary value of transaction, etc. Further, as a security measure, Payment Gateway service provider may at its sole discretion block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted customer cards, accounts, specific, group of IP addresses, devices, geographic locations and/or any such risk mitigation measures it wishes to undertake.

Any chargeback based on a complaint will be done as per applicable rules and regulations. However under no circumstances the liability of any chargeback shall be borne by Unityliving, instead it shall solely be the responsibility of the Client.

5.0 FEES AND PAYMENT TERMS

In consideration of the grant of license, implementation, and provision of Hosted Services and Helpdesk Services by Unityliving under this Agreement, Client shall pay Unityliving the amounts set forth in Schedule B. Charges related to telecommunication, internet usage, roaming charges, data transfer, are not included in this. Except as otherwise provided herein, all fees are based on User license purchased and not on actual usage of Hosted Service. Fees once paid are non-refundable.

In the event monthly use fee is not paid by the Client in accordance with the Agreement, Unityliving reserves the right to suspend the Hosted Services and licenses under this Agreement without notice. Client shall pay the reactivation charges, for resuming the services and licenses.

Unityliving reserves the right to charge additional fees for additional services such as online payment provision, classifieds, shopping cart services, directory services etc.

Except in situations such as change in government policy, increase in cost of server, taxes etc. the fees for availing Hosted Services will not be increased for more than 20% an year.

All amounts payable shall be exclusive of all taxes, duties, levies, cess or other statutory charges, costs and fees(“Taxes”) which may apply to the transaction and/or the delivery of the services under this Agreement. These Taxes shall be borne by Client. In the event of any withheld taxes, Client shall bear and pay such amounts to the statutory authority within the prescribed time and shall provide Unityliving with a certificate to such effect.

6.0 WARRANTY AND LIMITATION OF LIABILITY

The Client hereby represents and warrants that it has the authority to authorize Unityliving to (i) collect subscription and other amounts on Client’s behalf (ii) route the payment collected through a payment gateway to an escrow/nodal account before it reaches the bank account of Client and (iii) share information with respect to the User’s billing information/account details with third party service providers like payment gateway, banks etc.

The Client represents and confirms that the money routed through the payment gateway and the bank accounts shall be in compliance with all applicable laws including but not limited to FEMA, The Prevention of Money laundering Act, RBI rules and shall be for lawful purposes. Unityliving shall not be liable for any breach of applicable laws arising out of payments through the payment gateway or routing through its accounts.

Unityliving represents and warrants that it has the right to license the Software as provided herein. Unityliving further warrants that it has not knowingly infringed any Intellectual Property Rights held by any other party while developing the Software. The Software and Hosted Service is provided "AS IS" and except for the warranties stated above, Unityliving expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy & completeness of the software, uninterrupted Hosted Service and any warranty relating to the software being free from any viruses or errors. Without limiting the foregoing provisions, Unityliving makes no representation and gives no warranty that the Software and Hosted Service will be error-free or free from interruptions or other failures or that the Software and Hosted Service will meet any or all Client requirements whether or not disclosed to Unityliving.

Unityliving shall not be liable in any event for any special, consequential, incidental, or indirect damages arising out of or in connection with this Agreement. Unityliving’ total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement shall not exceed the amounts paid by Client under this Agreement.

Client acknowledges that it is solely responsible for the content maintained by them in the data base and is liable for any harm that may result from publishing this content, in particular, in the event of fraud or content of illegal or insulting nature of any kind. Client shall be responsible for all the acts and omissions of Users. Client is in control of the activities that occur in their account and shall ensure User’s compliance with this Agreement. Client shall and shall cause your Users to, comply with all local, state, federal or foreign law, treaty, regulation or convention applicable to the use of the Hosted Service. Client is responsible for the collection, legality, protection and use of personal information.

Unityliving reserves the right to suspend account if improper use of Hosted Service is noticed. Further Unityliving reserves the right to suspend or delete an account if it has reason to believe that an attempt is being made at compromising security of the Hosted Services. In such case, Unityliving will notify Client immediately of such action and make existing content available for backup.

e Client acknowledges that certain software, database and hardware used in the data centre may be governed by certain export control laws and regulations including export regulations of the US Department of Commerce and other US government agencies. Client and Users hereby agree to comply with all the applicable export laws and not to permit the Software to be accessed and/or used by a person/entity who is unauthorized or from a country which is restricted, under the applicable export laws.

7.0 TERM AND TERMINATION

This Agreement shall be effective from the Effective Date and shall remain in force for a period of twelve (12) months therefrom, unless terminated as provided herein. Upon expiry of such twelve months the Agreement shall renew automatically for further periods of twelve months each, unless a Party intimates the other Party in writing regarding their preference not to extend the Agreement further.

Unityliving may terminate this Agreement and the license and rights granted herein immediately upon written notice to Client (without forfeiting any other remedies which it may have) if (i) Client breaches any of the material provisions of the Agreement, including delayed payment of fees and/or (ii) Client has been adjudicated bankrupt, insolvent or liquidated by a court of competent jurisdiction.

Either Client or Unityliving may terminate this Agreement for no reason, with a prior written notice of thirty days.

Upon termination or expiry of this Agreement, Client shall (i) immediately cease all use of the Software and documentation, (ii) remove all client applications of Software from its computers (if any) and shall return to Unityliving related documentation (including all copies) within thirty (30) days after any termination hereof, or provide a written statement to such effect and (iii) pay Unityliving all the amounts outstanding under the Agreement.

The Client is advised to take backup of the data periodically. Client shall have an option to transfer all the data of Client available in the data base at the Data Centre before expiry or termination of this Agreement. Post such period Unityliving may, at its discretion, remove and destroy all such data in the data centre.

8.0 GENERAL

Each party shall keep confidential all Confidential Information received from other party under this Agreement and shall not disclose such Confidential Information to any third parties without the prior written permission of the disclosing party or use them other than for the purposes specifically permitted under this Agreement.

This obligation for confidentiality shall not apply to information (i) which is in the public domain at the time of disclosure to the parties; or which later becomes part of the public domain through no breach of this Agreement; or (ii) the receiving party can demonstrate to the satisfaction of the disclosing party was in its possession, without any restrictions, prior to disclosure by the other party or (iii) is acquired by the receiving party from a third party without any restrictions, which has a legal right to disclose such Confidential Information; or (iv) the receiving party is obliged to disclose under law or by the order of a competent Court, Government or any other statutory authority. “Confidential Information” shall mean Software (including any modifications and documentations thereto) and all information including personal information received and obtained as a result of entering into or performing this Agreement.

Client hereby agree that Unityliving may refer to Client as a customer of Unityliving, in any advertising, publicity and promotional materials (including website) and may use their name and logo in relation thereto.

This Agreement shall be governed by and construed in all respects in accordance with the laws of India. Any dispute and/or difference arising out of or pertaining to this Agreement, shall first be resolved by the parties through personal negotiations, failing which, the same shall be subject to arbitration under rules of Arbitration & Conciliation Act 1996. The place of arbitration shall be Cochin and shall be done by a single arbitrator in English language. Both parties subject themselves to the exclusive jurisdiction of court at Cochin.

This Agreement constitutes the entire agreement between the parties, and supersedes any prior understandings relating to the subject matter hereof, and may be amended or supplemented only in a written form signed by both the parties. If any term, condition, section or provision of this Agreement becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force. The failure to exercise, or delay in exercising any right, power or remedy vested in this Agreement shall not constitute a waiver by that party of that or any other right, power or remedy. Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture or agency between the parties hereto and both of them shall have no authority to bind the other in any way. A party shall not be liable for any event that is beyond the reasonable control of that party, including acts of god, terrorism, explosions, floods, mechanical breakdowns, strikes, labor unrest, breakdown in essential utilities, etc. In this Agreement, paragraph titles are used for identification, convenience and ease of reference. Client shall not assign this Agreement by operation of law or otherwise, in whole or in part, without Unityliving’ prior written consent, which consent shall not be unreasonably withheld. Unityliving retains the right to assign this Agreement or the services provided hereunder for such remaining period of the Agreement, to any of its chosen subsidiaries, affiliates, associates or third parties and there would be no new agreement between the new acquirer and Client for the services provided by Unityliving under this Agreement. Unityliving shall however intimate the same to the Client either through a notice on Unityliving website, by email or send a written notice of the above to Client.

[END OF TERMS AND CONDITIONS]

Schedule A

Feature list of the Software

  • Help remeFinancial Accounting designed for Residents Association.
  • Communication Management ( Communication between Management Committee, Owners etc)
  • Metered utilities billing and configurable billing system ( eg: gas , usage of amenities like billiards, gymnasium etc)
  • Automatic Monthly invoice Generation ( including maintenance charge, utilities billing, adjustments, dues etc)
  • Directory of Residents/ Tenants / Staff etc.
  • on to raise service requests and track its status.
  • Each owners/tenants can view the account details, post service requests and view the status of service requests.
  • SMS/Email alerts related to account transactions.
  • NRI owners can access the details of their apartment and get frequent updates about what is new in their association anytime anywhere.
  • Various reports ( Balance Sheet, trial balance, Member account balance, supplier account balance, Bank statement, Defaulters List etc)
  • Supplier Management ( Eg: KSEB, Security Services etc)

System Requirements

Support Information

Operating System: Win XP SP2 or Vista 32/64 or Win 7 or Linux

RAM: Minimum of 512 MB

Connectivity: Broadband Internet connection

Web browser: IE8 or higher, FireFox 3.x or higher, Google Chrome

All support incidents shall be sent to support@unityliving.com

Telephone number for emergency contact: +91- 85940 63555

Technical support is provided by email and phone from 9 AM to 6 PM Monday to Friday for responding to support issues.

PAYTM - ONLINE PAYMENT CHARGES

Transaction Type

Payment Models

Transaction Charge

Debit Card

   
 

Less than Rs.2000

0.75%( Subsidised)

 

Greater than Rs.2000

1%

Credit Card

 

1%

Net Banking ( all banks)

 

Rs.10

Amex Cards

 

1%

** There won’t be any transaction fees for Paytm till 31st March 2017

 

PAYU - ONLINE PAYMENT CHARGES

Transaction Type

Payment Models

Transaction Charge

Debit Card

   
 

Less than Rs.2000

0.75% (subsidised)

Greater than Rs.2000

1%

Credit Card

 

2%

Net Banking

   
 

SBI+associate/ICICI/AXIS

Rs.21

Other Banks

Rs.13

Amex Cards

 

3.00%

Foreign cards (Debit/Credit)

 

2.8%+8

** Applicable taxes extra

** Transaction charges can increase/ decrease in future based on government rules / changes from vendor side