Terms & Conditions
These Terms of Service are included within the service Agreement, which you enter between you as the Customer and Ahaan International as the Provider.
Definitions
“Authorized Users” is the Term used to describe the Customer’s employees, contractors, and any other agent (i) for whom Customer has bought Access to Services according to those rights given to Customer in the Service Agreement and (ii) the person who Customer has granted permission to access the Services on behalf of Customer.
” Customer Data” refers to potential customer information (leads) and any other information that is transmitted via Services Services by the Customer or received through the Services on behalf of the Customer.
” Documentation” is the Term used to describe user manuals and other operational information related to the Service that the Provider shares with the Customer.
” Provider I.P.” is the Term used to describe all copyrights trade secrets, patents, and other rights to intellectual property related to the Services, Documentation, and any additional information provided to the Customer or an authorized user in the course of the provision of the Services. Provider I.P. encompasses Usage Data but not Customer Data.
“Services” means the software-as-a-service offerings described in the Service Agreement.
“Usage Data” refers to information about the use by the Customer of the Service, which the Provider gathers to provide services to the Customer or improve the Service. The term “Usage Data” does not refer to any customer data.
“Third-Party Products” is any product from a third party listed in Schedule A which are provided or incorporated in the Services
Terms
Provision of Service
If Customer pays Fees, the Provider provides Customer with a non-exclusive, not transferable, and irrevocable right to use and access the Services for the duration of the Period. The Provider must provide the Customer with the appropriate credentials that allow authorized users access to the Services.
The Provider grants Customer a non-exclusive, non-transferable license to use the Documentation throughout the Term of Active only for internal business purposes to utilize Services.
The Customer shall not use the Services outside the access limits provided by the Service Agreement or for purposes other than the intended purpose. Customer must not: (i) copy, modify or do derivative work from the Services or the Documentation, either in entirety or in part; (ii) rent, lease or lend the Services, sell, license or sublicense, transfer or distribute or transfer, or in any other way provide or make available the Services and Documentation. (iii) reverse-engineer disassemble, disassemble the Services, decode, alter, or in any other way attempt to obtain or get Access to any component of software of the Services in whole or in part. (iv) eliminate any proprietary notices or information from the Services or the Documentation, or (v) utilize any of the Services and Documentation in any manner or for any purpose that violates or misappropriates the rights of others or infringes on any intellectual property rights or other rights of any person, or violates any applicable law.
Services Suspension. The Provider may temporarily suspend the Customer’s or any Authorized user’s ability to access the services if: (i) the Provider can determine it (A) it is the case that there exists a risk of attack on any Provider’s I.P.; (B) Customer’s or any Authorized User’s usage or Access to the Provider’s I.P. causes disruption or security risk to the Provider’s I.P. or any other vendor or Customer of Provider. (C) the Customer or an authorized user uses the Provider IP to engage in fraudulent or unlawful actions; (D) subject to the law applicable that Customer has no longer carry on business in its ordinary course of business, or executed an assignment to creditors or other similar disposals of its assets or has become the subject of liquidation, bankruptcy, reorganization dissolution or similar proceedings or (E) the provision services to the Customer or any authorized user is prohibited by laws; (ii) any vendor of Provider has suspended or ended the Access or Access to any third-party service or products that are required to allow Customers to access the Services or (iii) according to other terms within the Service Agreement. The Provider will make the most reasonable commercial efforts to send written notice of any suspension to the Customer and provide periodic updates on Access to the Service following any break. The Provider will make commercially acceptable efforts to restore accessibility to Services whenever feasible after the event that gave the reason for the suspension has been resolved. Provider shall not be liable for any loss, damage (including the loss of profits or data), or other consequences that the Customer or any authorized User might suffer due to an interruption in Service.
User data. The Customer acknowledges that the Provider can monitor the usage of the Services and may collect and analyze Usage Data.
Customer Responsibilities
The Customer is responsible for the Access to the Services and Documentation that result of Access permitted to or enabled by the Customer regardless of whether it is allowed or not by the Service Agreement. The Customer is accountable for all actions and omissions made by authorized users. If an act is committed or not done by an Authorized User, which would be considered a violation of the Service Agreement if taken by Customer is deemed to be a violation of the Service Agreement by Customer. The Customer will make reasonable efforts to ensure the Authorized Users conform to the requirements of the Service Agreement.
Third-Party Products. The Provider can, from time to time, offer Third-Party Products to Customers. As per the Service Agreement, such Third-Party Products are subject to their specific rules and regulations. Customers are only allowed to access or utilize such Third-Party Services if it is willing to adhere to the terms and conditions applicable to them.
Service and Support
Services Niveaux. Provider shall use commercially reasonable efforts to provide the Services in conformity with the Service levels specified in Schedule A.
The Provider will ensure the security measures laid in Schedule A. The Provider cannot guarantee that these measures will stop the unauthorized disclosure or Access to Customer Data and will not be accountable if such disclosure or Access occurs.
The Customer is entitled to provide support services as described in Schedule A during the Active Period in the Services Agreement.
Fees and Payment
The Customer is responsible for paying Provider all fees within the due dates specified in the Service Agreement without offset or deduction. If Customer fails to pay any due payment: (i) Provider may be liable for interest on the past due amount at an annually-based rate of 10 percent, calculated daily. (ii) Customer must reimburse Provider for any reasonable expenses that Provider incurs in collecting late payments and interest, which includes attorney’s costs, court costs, and the cost of collection agencies. (iii) if the such delay continues for more than 30 days. The Provider is entitled to terminate the Authorized Users of the Customer accessibility to Services until those fees are fully paid.
The amounts due by the Client under the Service Agreement are exclusive of taxes and similar assessments. The Customer is accountable for all sales, use, and excise taxes, as well as any other charges, taxes, or charges of any type or nature imposed by any federal, local, state, or local government or regulatory authority on any amount due by the Customer by the Service Agreement, other than the taxes that are assessed on the Provider’s earnings.
Auditing Rights and Required Records. The Customer agrees to keep precise and correct records in compliance with generally accepted accounting practices throughout the Term and for two years following the expiration or termination or expiration of the Service Agreement concerning things necessary to accurately determine the amounts due hereunder. The Provider can, at its own expense with reasonable prior notice, periodically review and audit the Customer’s accounts about the things covered under this Agreement, and if an audit or inspection reveals that the Customer has not paid the Provider for any amount due and payable in the course of The Customer must promptly pay Provider the amounts required to remedy the underpayment in addition to interest. The Customer will be responsible for the cost of the audit if the audit finds that the underpayment of the Customer is equal greater than or equal to 20% in each quarter. The right to inspect and audit will be extended throughout each Active Term of the Service Agreement and for two years following the end of or expiration or expiration of the Service Agreement.
DATA STORAGE & DESTRUCTION
Ahaan International is not intended to be used for long-term storage of data. If not explicitly stated, Ahaan International reserves the right to remove Leads stored within Ahaan International that are over 90 days old. Ahaan International is not responsible for keeping Leads after the 90-day deadline.
If you need to delete an individual consumer’s record from our systems, the process is to request by emailing info@ahaaninternational.net. The support staff will make sure that all the relevant information is erased. For Ahaan International, you can supply any PII or lead I.D. sufficient to complete the deletion request.
SENSITIVE DATA
“Sensitive Data” is data that, if released without authorization, can cause significant financial reputational, privacy, or harm to the data owner. The types that fall under Sensitive Data are, but not exclusion, passwords, social security numbers, security challenge information, and driver’s license numbers. The collection of sensitive data can be done by You through Ahaan Internation and is subject to these terms and conditions.
Protection of sensitive data during Sensitive transit data sent to or through Ahaan International must be sent via SSL connection. Ahaan International uses industry-standard SSL encryption to secure sensitive data during transit.
Security of Sensitive Data at Rest Sensitive data types are flagged by Ahaan International and are never stored on our systems. These data types are not permanent and only exist in memory when transmitted directly from the lead source to the systems that receive them. These types of data are not saved in our database and are made unaccessible after this real-time HTTP transaction is completed.
In the wake of the protocol mentioned above, Sensitive Data cannot be accessed through The Ahaan International user interface or Exported via Ahaan Internation. When you look at Leads in Ahaan International’s Ahaan International user interface containing Sensitive Data, the Sensitive Data fields are not present.
You should not utilize the Services to gather Sensitive Data in fields that aren’t explicitly designated to collect Sensitive Data or attempt to bypass the security protocols set forth herein.
YOUR CONTENT AND DATA; PRIVACY
Ahaan International does not own Your Content and Data. You warrant the right to collect, market, sell, or distribute Your Data and Content about, but not limited to, leads and by the law applicable to you. The provisions of this Agreement should mean granting Ahaan International the right to collect and market, use, sell, or disseminate Your Content and Data only according to this Agreement. You now grant Ahaan International a nonexclusive, non-transferable, royalty-free, non-transferable paid-up, limited license to utilize your Content and Data solely to fulfill Ahaan International’s responsibilities or exercise Ahaan International’s rights under this Agreement.
You agree to comply with the applicable local, state, national, foreign, and international regulations and laws. You agree that you will be solely responsible for any acts or omissions arising through Your password or account and password, not only to the contents of Your communications through the Services.
You also represent and warrant that your privacy policy outlines the types of personal data you gather, how you use such data, whether or not it has been shared with other parties, and how third parties use such information. You are the sole Party responsible for ensuring your privacy policies comply with all applicable laws. You must not make use of a service to (i) obtain, or even attempt to gather, personal information from other individuals without their consent or knowledge; (ii) collect or store account numbers from credit or bank accounts, debit cards, or any other financial system; (iii) collect or store U.K. Social Security Numbers or any other personal identification number provided by different governments except those expressly stated within this Agreement; (iv) collect or store, or otherwise handle personal information that is in contravention of any relevant law, including but not limited to not limiting that of the U.K. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or the U.K. Children’s Online Privacy Protection Act of 1998 (“COPPA”), and the EU Data Protection Directive 95/46 and its implementing legislation. (v) collect and store personal information that is in contravention of your privacy policy.
You are aware and agree that Ahaan International is not certified as a participant in the U.K.-EU Privacy Shield Framework, and You agree to accept any risk.
Ahaan’s CCPA Requirements: (i) Ahaan International will only collect, process, store, or divulge personal information solely for the Contracted Business Purposes to which You supply or allow Access to personal information. (ii) Ahaan International will not collect, utilize, keep, share, sell, or provide personal information to Ahaan International’s commercial reasons or in a manner that violates the CCPA. Suppose there is a law that stipulates that Ahaan International disclose personal information for purposes that are not related connection with that Contracted Commercial Purpose. In that case, Ahaan International must first notify You of the lawful requirement and allow You the opportunity to contest or object to the law unless the law forbids the disclosure of such information; (iii) Ahaan International will restrict the collection of personal information and use, as well as retention and exposure to the extent appropriate and necessary to meet your Contracted business Purposes or another operational purpose. (iv) Ahaan International must promptly meet your request or instructions that require Ahaan International to provide, modify, transfer, or erase personal data or stop or reduce any processing that is not authorized. Ahaan International will reasonably cooperate and assist You in fulfilling the requirements of your CCPA compliance obligations and respond to any CCPA-related questions as well as responding to legitimate consumer inquiries in light of the nature of Ahaan’s processing as well as the information that is available for Ahaan International. Ahaan International must notify You immediately upon receiving any notice, complaint, or other communication which directly or indirectly pertains to the compliance of either Party to the CCPA. Particularly, Ahaan International must notify You within 20 days of receiving a valid consumer request following the CCPA.
CCPA Garanties as well as Certification The parties agree to adhere to all applicable regulations of the CCPA for collecting, employing, storing, or disclosing personal data. Ahaan International certifies that it is aware of this Agreement’s and CCPA’s limitations and prohibitions regarding selling personal information and keeping and disclosing personal data outside of the business relationships and adheres to them. Ahaan International warrants that it has no reason to believe that any CCPA rules or regulations prevent it from performing one of the Contracted Business Purposes or fulfilling the terms of this Agreement. Ahaan International must promptly notify You of any change to the CCPA’s requirements that could adversely affect the performance according to the Agreement.
Intellectual Property Ownership
Provider I.P. Provider owns all Provider I.P.
Reservation of Rights. The Provider reserves all rights not expressly granted to the Customer in the Service Agreement.
Customer Data. The Customer owns all Customer Data. Other than the utterly automated handling of the Customer Data via the Services Provider, Provider has no access to the Customer Data.
If Customer or one or its contractors, employees, or agents suggests or suggests changes to the Provider’s I.P., new functions, or features or provides any feedback (“Feedback”) and Provider is free to utilize without obligation to attribute or pay any person or any other person, any ideas, knowledge ideas, concepts, techniques or any other intellectual property rights that are contained in the Feedback and for any purpose whatever. The Customer assigns the Provider on behalf of the Customer and the behalf of their employees, contractors, and agents all rights, title, and ownership rights to such Feedback.
SECURITY MEASURES
All Ahaan International products are located in facilities that ensure security that is in line with industry best practices in security and best practices, including SOC 2 compliance. Ahaan International products all utilize security standards that are standard in the industry. However, you acknowledge that there is no guarantee that a security measure will be infallible or flawless, and Ahaan International will not be accountable for unauthorized Access to our databases or servers. So, Ahaan International cannot guarantee that Your Content and Data will not be accessible to unauthorized individuals.
Warranties
Limited Warranty. The Provider guarantees that the Services are in all respects to the Service standards specified in Schedule A when accessed and utilized according to the Documentation. Provider makes no promises or warranties regarding the availability or uptime of the Services unless expressly limited within Schedule A. The remedies listed in the Schedule are the Customer’s sole recourse and Provider’s only responsibility in this warranty. PROVIDER DISCLAIMS ALL WARRANTIES CONCERNING ANY THIRD-PARTY PRODUCTS.
Besides the limited warranty described above, The Services are offered “as is.” The Provider does not warrant in any way or type regarding the services’ ability to satisfy the customer’s or anyone else’s requirements, function without interruption, produce the desired result as well as be compatible with any system, software, or other Service or be secure, precise, complete, free of harmful code or error-free. PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ALL WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ALL OTHER WARRANTIES OTHERWISE IMPLIED BY LAW.
Indemnification
By Provider.
The Provider will indemnify, defend and indemnify the Customer against all damages, losses, or liabilities, charges (including reasonable attorney’s costs) (“Losses”) that the Customer incurs as a result of any third-party claim, suitor, or another proceeding (“Third-Party Claims”) which claims that use of the Services or the usage of the Services according to this Agreement violates or misappropriates the rights of a third party U.K. intellectual property rights, copyrights or trade secrets provided that Customer notifies that Provider of any claim in writing, works with Provider and gives Provider the sole authority to determine the defense and resolution of the claim.
If a claim of this nature is made or is believed to be feasible If such a claim is made, Customer agrees to allow Provider, at Provider’s discretion, a decision the right to (A) change or substitute the Services or any component or part of them to ensure that they are not infringing or (B) get the right to allow the Customer to use the Services indefinitely. Suppose Provider decides that neither option is feasible. In that case, Provider can terminate this Agreement in whole or about the particular component or portion affected upon notifying the Customer in writing.
This Provider Indemnification does not apply to the extent the alleged violation is a result of (A) use of the Services when combined with software, data equipment, hardware, or other technology that is not supplied by the Provider or authorized by the Provider in writing (B) changes to the Service that was not approved by Provider (C) Customer data and (D) the use of third party products.
By Customer. Customer agrees to indemnify and keep harmless and, at Provider’s discretion to defend Provider against and against any losses arising out of the Third Party Claim in which the User’s Data or any use made of the Customer Data as permitted by this Agreement is infringing or misappropriating the intellectual property rights of a third party rights as well as any Third-Party Claims that are based on the Customer’s or any authorized user’s (i) recklessness or negligence; (ii) use of the Services in any manner not authorized under the terms of this Agreement; (iii) use of the Services with software, data hardware, equipment, or other technology that is not supplied by Provider or provided by the Provider in writing and (iv) changes to the services that are not authorized by Provider, provided the Customer is not able to accept any settlement of a Third Party Claim against Provider, unless Provider has consented to the settlement and further provides that Provider shall have the right, at its discretion in the event of a Third-Party Claim or participate in the defense thereof through counsel of its own choosing.
Sole Remedy. SECTION 7 SETS FORTH THE CUSTOMER’S SOLE REMEDIES AND THE PROVIDER’S LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Limitation of Liability. IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THE SERVICE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO THE PROVIDER UNDER THIS AGREEMENT IN THE ONE MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Term and Termination.
Active The Term. The Term of the Service Agreement begins on the Effective Date and runs until the Customer ceases to use the Services or until the Service Agreement is terminated by either Party (“Active term”).
The Parties may end this Agreement by giving 30 days written notice. The Provider is entitled to terminate this Agreement with effect from the Date of written notice to the Customer when the Customer does not pay any amount due following the Agreement or fails to meet any other obligation.
Effect of Termination or Expiration. Upon expiration or earlier end of this Agreement, the Customer must immediately (i) stop using the I.P. of Provider; (ii) remove, remove or destroy all duplicates of the Provider I.P. and (iii) sign a written statement for the Provider that they have completed this. The expiration or expiration of the Agreement does not exempt Customer from the obligation to pay any Fees that are due or give Customer the right to any reimbursement.
Entire Agreement. This Service Agreement, with these Terms, all references to Schedules, and all other documents referenced in connection, constitutes the only and complete Agreement between the Parties regarding the matter covered and supersedes any prior or contemporaneous agreements, understandings, and representations.
Any notices provided under the Service Agreement shall be in written form and could be delivered electronically. All notices to the Provider shall be addressed to info@ahaaninternational.net. Announcements to Customers shall be made to the email address outlined in the Service Agreement.
Force Majeure. In no event will Provider be held accountable to the Customer, or be considered to have violated this Service Agreement, for any delay or failure to fulfill its obligations in the event and in the extent that such delay or failure is caused by circumstances beyond the control of Provider’s reasonable efforts that include but are not containing events of God such as flood, fire and explosions or war, terrorism and riots, or any other civil disturbance strike, labor case pages or slowdowns, or another industrial disorder, or the passage of laws or any other action that is taken by a government or other authority, for example, the imposition of an embargo.
Modifications to Conditions. The Provider may amend these Terms within 14 days without notice. Your continued use of the Services is a signifying consent to any changes.
Suppose any of the provisions in this Agreement or the Service Agreement or these Terms is illegal, invalid, or not enforceable within any other jurisdiction. In that case, that will not affect the validity of any other provision or render it invalid legal, unenforceable, or inequitable for any other state or jurisdiction. In the event of a finding that any provision is in violation, illegal or inapplicable, The Parties will bargain in good faith to amend this Service Agreement to achieve their original purpose as closely as they can in a way that is mutually acceptable to ensure that transactions contemplated under this Service Agreement be consummated as initially planned to the maximum extent that is possible.
Legal Authority and Jurisdiction. The Service Agreement and these Terms are subject to U.K. law, without respect to rules regarding how to decide on the law.
The Customer cannot transfer all of the rights it enjoys or any of its obligations under the Service Agreement, whether voluntarily or involuntarily, under the authority of law, or in any other way without the written approval of the Provider. Any purported delegation or assignment that violates this section is null and unenforceable. The project or commission will not disqualify the delegating or assigning Party of any obligation. This Service Agreement is binding upon and binding on the benefit of the Parties and their allowed successors or assigns.
Export Regulation. The Customer shall adhere to all applicable Federal laws, rules, or rules. The Customer must complete all obligations required (including getting any necessary export license or any other government approval) which prohibit or limit the export or export of the Services or any customer data outside of the U.K.
