CastlerCode T&Cs
This website, www.code. CastlerCode.com, (hereinafter referred to as “CastlerCode”) including any subdomains thereof, and any other websites through which its services are made available is owned, hosted and operated by CastlerCode Tech Solutions Pvt Ltd (hereinafter referred to as CASTLERCODE), a company incorporated in India under the Companies Act, 2013and having its registered office at 316/274,3rdFloor, Lane No.3,Saidullajab,Western Marg, Garden of Five Senses Road, Tehsil, Mehrauli, New Delhi -110030
These terms and conditions regulating use of these Services constitute a legally binding agreement between CASTLERCODE and the User (the “Agreement”).
Definitions
The term Users/User/Visitor will mean and include a person who utilizes any of the Services offered by CastlerCode, with and without the need or a requirement to create an account i.e. visits non-restricted portions of CastlerCode. The use and access to CastlerCode shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorised user’ and will nevertheless be subject to the terms and conditions regulating the usage of CastlerCode, and expressly so with respect to respecting the intellectual property rights of the CastlerCode, and abiding by terms and conditions below mentioned.
Software Escrow shall mean Escrow account opened for client for software backup, source code backup or any digital asset for storage purposes with CastlerCode secured physical-vault /cloud based storage.
Terms and Conditions
CastlerCode and/or any other website(s) linked to this website is an online Escrow solution provider, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING CastlerCode, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE CastlerCode.
CastlerCode may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on CastlerCode. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of CastlerCode, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. CastlerCode may also suspend the operation of CastlerCode for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize CastlerCode in a manner inconsistent with these terms and conditions, CastlerCode may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
Once a User has accepted these Terms and Conditions, he/ she may avail the Services.
These Terms of Using the CastlerCode Platform operated by Ncome Tech Solutions Pvt Ltd (“Terms of Using the CastlerCode Platform” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions which will govern your use and participation in the source code management services provided on and through CastlerCode (the “Services”). By selecting to utilize the Services you shall have also indicated your acceptance of these Terms of Using theCastlerCode Platform and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Using the CastlerCode Platform, you shall discontinue further use of the Services.
CastlerCode is a software escrow provider and acts as an Escrow Agent to help Users to store their Software , source code in a secured physical vault/cloud storage managed by Ncome Tech solutions Pvt Ltd.
Owner - The owner has developed and owns certain proprietary which is of significant value to Beneficiary.
Beneficiary desires to ensure that it has access to the Software under certain circumstances as outlined in this Agreement.
“Escrow Agent” or “CastlerCode”, is, inter alia, engaged in the business of providing monetary and non-monetary Escrow services to various enterprises, corporates, businesses, consumers including the small and medium enterprises. It is an independent third party with the capacity to receive, hold, and release the Software and related materials in accordance with the terms set forth herein.
Owner and Beneficiary are herein collectively referred to as the “Clients/Users”.
Clients and Escrow Agent are herein collectively referred to as the “Parties” and individually referred to as the “Party”.
Escrow Agreement – Agreement signed between Users and Escrow Agent containing all the terms and conditions.
User agreed to Cloud storage services –
Deposit of Source Code/Software in Cloud Storage
The Owner shall deposit the source code on Cloud Platform provide by CastlerCode.. Upon the occurrence and verification of the release conditions, as specified in the Escrow Agreement between the Parties, the CastlerCode shall release the source code to the rightful Beneficiary
The Users will be required to login his/ her own User ID and Password, given by CastlerCode to register and/ or use the cloud Services provided on CastlerCode platform. By accepting these Terms and Conditions the User agrees that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the Users agrees to;
Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.
If you agree to these Terms of Using the CastlerCode Platform, you will be bound as follows.
Users understands that the deposit & release of source code in Cloud escrow will be with any of the deposit medium – Github, Bitbucket, Gitlab, SFTP or manual upload shall be supported from CastlerCode portal of login for authorised users.
For account maintenance related activities, each instruction shall be supported with email communication from registered email ID and(or) using electronic/ physical signatures.
Users shall sign documents/ instructions using electronic/physical signatures. The User Users shall always affix the electronic/physical signatures by logging in through the email address of the Users last registered in CastlerCode’ s records. Usage of any other email address for affixing electronic signatures, without first registering the same with CastlerCode would, in CastlerCode sole discretion lead to rejection of the document sent or instructions of the Users. CastlerCode shall share the instructions for affixing electronic signatures, with the Users , on the Users last registered email address. It is hereby clarified that CastlerCode may, without being obliged to do so, at its sole discretion rely and act on the documents/instructions affixed with electronic signatures using an e-mail address of the Users, which is not registered with CastlerCode.
The Users hereby requests and authorizes CastlerCode to rely upon and act or omit to act, at its absolute discretion, in accordance with any instructions submitted to CastlerCode for deposit & release of source code using electronic signatures. The documents/instructions for any deposit/release of source code as approved by the CastlerCode at its sole discretion may be submitted through and affixed with electronic signatures by use of a third party platform. Users understands that documents received in electronic form online (or electronically signed) are equivalent to physical documents with wet signatures.
Users understands and agrees that requests with electronic signatures raised to CASTLERCODE shall not be separately sent later via any other medium (physical/email) to avoid duplication and CASTLERCODE shall not be responsible for any such duplicate request processed by it.
The Users declares and confirms that the Users has for their convenience and after being fully aware of, and having duly considered, the risks involved (which risks shall be borne fully by the Users) requested and authorised CASTLERCODE to act on instructions signed electronically.
The services of sending electronically signed information/documents/instructions require engagement of third parties and uploading of the documents on their platforms for the purpose of obtaining electronic signatures of the Users on those documents. The Users understands that those third parties may indefinitely keep any and all the data relating to the instructions, execution of document for their internal purposes or audit purposes and / or for meeting their regulatory requirements. CASTLERCODE may use the electronically signed documents/instructions, take print outs, make copies and use those for any purposes for its records, protection or enforcement of its rights including as an evidence of Users having electronically signed the document/instruction. The Users shall not be entitled to challenge the veracity, genuineness or authenticity of the electronically signed document/instruction for any reason whatsoever. The Users confirms that electronically signed documents constitute valid, legal, effective and enforceable obligation on the Users.
CastlerCode shall be entitled to fully rely on the authority of the persons electronically signing the documents/instructions on behalf of the Users, without being required to check the validity of internal authorization provided by the Users. It shall be sole responsibility of the Users to ensure that the person/s electronically signing the documents is/are validly authorized in respect of the documents electronically signed by them on behalf of the Users and the CastlerCode shall be fully entitled to treat such documents as validly executed by the Users.
Users understands and agrees that CastlerCode shall under no circumstances be held for any direct or indirect damages or loss of any kind whatsoever caused due to any act or omissions as a result of using the third party platform or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the third party’s platform. No representations, warranties or guarantees whatsoever are made by CastlerCode as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the services provided by any third party.
The Users agrees that CastlerCode has every right to reject the processing of any instruction, if there is any erroneous, incomplete, garbled, self- contradictory, unclear or misleading information provided by the Users or for any other similar reason whatsoever with/without assigning any reason. The Users confirms that the Users shall not hold CastlerCod responsible or liable for any loss on any grounds whatsoever incurred by the Users pursuant to the CastlerCode not being able to act on the basis of an instruction transmitted through any mode including the third party platform or for any reason whatsoever.
The Users hereby acknowledges and expressly agrees that all data/information related to the Users or any other individuals associated with the Users held by the CastlerCode may be disclosed to any statutory or regulatory or supervisory authority/ies upon request or where such disclosure is required under the laws or regulations applicable to the CastlerCod.
The Users approves the collection, storage, use and dissemination of data governed under the Aadhaar (Sharing of Information) Regulations 2016 and rules and regulation made thereunder (“Aadhar Regulations”). CastlerCode will undertake necessary steps to encrypt or anonymise such data / information to ensure compliance with the Aadhar Regulations.
Users understands that the financial information available by means of the service through the third-party platform or any other mode is for reference purposes only and CASTLERCODE shall not be liable for any loss incurred or damage suffered by the Users or third party by reason of having access to or disclosure of any such financial information.
Users confirms and agrees that CASTLERCODE shall endeavour to effect fund transfer, and(or) any instruction related to account maintenance or modification etc. received through electronically signed documents/instructions by the Users, provided that, there are sufficient funds available in Users’s Account(s). CASTLERCODE shall not be liable for any omission or refusal to make any of these payments or for late payments on account of insufficient funds or due to any other circumstances beyond the reasonable control of the CASTLERCODE.
CastlerCode shall execute instruction received using electronic signatures via registered email of the Users post due diligence to validate the Users’s request. However, the CastlerCode shall not be liable for any loss to the Users if the same accrues inspite of the CastlerCode have done the due-diligence or for reasons of the Users not having maintained the confidentiality of the information (including in respect of electronic transactions) or for any other reason attributable to the Users whatsoever.
Users is aware and confirms that sending information/instructions/documents signed electronically on a third party platform is not a secure means of sending information/instruction/document; and the Users is aware of and acknowledges the risk that such electronically signed instructions may be fraudulently written or sent or not be received in whole or in part by the intended recipient or may be read or be known to an unauthorized person in which case the CastlerCode shall not be responsible in any manner whatsoever including but not limited to breach of confidentiality.
The Users declares and agrees that the Users has, for the Users’s convenience and after being fully aware of, and having duly considered, the risks involved (which risks shall be borne fully by the Users) requested and authorized the CastlerCode to rely upon and act on instructions signed electronically for the Users’s convenience and benefit. The Users further declares and confirms that the Users is aware that the CastlerCode is agreeing to act on the basis of such electronically signed instructions only by reason of, and relying upon, the Users accepting and agreeing, confirming, declaring and indemnifying the CastlerCode as done by accepting terms and conditions and the CastlerCode have done so in the absence thereof.
Notwithstanding anything contained herein or elsewhere, the CastlerCode shall not be bound to act in accordance with the whole or any part of the electronically signed instructions and may in its sole discretion and exclusive determination, and without being required to give any notice or assign reason, decline or omit to act pursuant to any electronically signed instruction, or defer acting in accordance with any such electronically signed instruction, and the same shall be at the Users’s risk and the CastlerCode shall not be liable for the consequences of any such refusal or omission to act or deferment of action. The Users confirms that the Users shall not hold the CASTLERCODE responsible or liable for any loss on any grounds whatsoever incurred by the Users pursuant to the CastlerCode not being able to act on the basis of an electronically signed instruction transmitted.
The Users shall immediately indemnify and hold harmless the CastlerCode (and its Partners) its directors and officers (each an “Indemnified Party”) against all losses, proceedings, claims, costs and liabilities howsoever arising in consequence of or in any way related to the CastlerCode having acted or omitted to act in accordance with or pursuant to any electronically signed instruction/form/document or the terms hereof
The CastlerCode may at any time without assigning any reason and without any notice withdraw the facility of accepting electronically signed documents/instructions. However, any such termination shall not affect anything done or any rights or liability accrued or incurred prior to the termination and all the above indemnities given by the Users to the CastlerCode hereunder shall survive any such termination.
Users declares and confirms that the CastlerCode shall be entitled to rely on all/any electronically signed communication, information or instruction and all such communications, information and details shall be valid, final and binding on the Users.
Users understands and confirms that the CASTLERCODE and its Partners has every right to stop the release of Source Code if payment is not made within 7 days of the due date.
The Users agrees that CastlerCode does not have any obligation to validate the data in the Source code/Software release request sent by Users. via any of the Upload/release medium, until Users opt for validating services from CastlerCode. The Users agree that all the instructions received by CastlerCode through email shall be treated as valid and genuine and that CastlerCode and its Partners shall not be held responsible for any losses or damages incurred by the Users from any actions/proceedings arising out of such instructions in any manner whatsoever. The Users acknowledge and accepts that such an unsecured method involves the risks of possible unauthorized alteration of data and/or unauthorized usage thereof for whatever purposes.
The Users hereby agrees and undertakes to send all or any reports, communications or information to CastlerCode via e-mail as required. The Users acknowledges and accepts that such a transmission method involves the risks of possible unauthorized alteration of data and/or unauthorized usage thereof for whatever purposes. The Users agrees to exempt CASTLERCODE and its Partners from any and all responsibility of such misuse and receipt of information, and holds CASTLERCODE and its Partners harmless for any costs or losses, the Users may incur due to any errors, delays or problems in transmission or otherwise caused by using the internet as a means of transmission. Further, the Users hereby undertakes to indemnify CASTLERCODE and its Partners for all losses, damages, costs, expenses (including reasonable legal expenses), incurred or suffered by CASTLERCODE and its Partners and against any actions, suits, claims or proceedings that are or may be initiated against CASTLERCODE and its Partners by them agreeing to accept any reports, information or communication or arising from them acting or relying on such reports, information or communication received from the Users by email.
Upon release of source code/Software from user cloud account as per the instructions from the Users, CASTLERCODE and its Partners shall be free from all its obligations and liabilities under the Escrow Agreement signed mutually between them as the case may be.
The Users shall be responsible for source of deposit of source code or Software in to Escrow Account.
The Users further holds CASTLERCODE harmless against all losses, proceedings, claims, costs and liabilities howsoever arising in consequence of or in any way related to the CASTLERCODE ‘s Partner(s) having acted or omitted to act in accordance with or pursuant to any electronically signed instruction/form/document or the terms hereof.
Users confirms and agrees that the CASTLERCODE reserves the right to make any changes, alterations, cancellations, in the above rules at any time without notice. Any person opting for this facility shall be bound by the above terms as modified from time to time including but not limited to standard terms applicable to escrow account.
Terms of using CastlerCode’s Portal
Initiate and commence an Escrow submission all Users to a must register at the Portal and agree to all terms & conditions.
Once the User has agreed to terms for a specific underlying submission, and has agreed to the General Escrow Instructions by selecting the “I Agree to CastlerCode Terms & Conditions” checkbox at the time of Login and these instructions shall constitute a binding agreement between the respective Users.
Users agree that CastlerCode will do their eKYC verification
Users agree to notify CastlerCode as soon as possible once any Trigger Event is met, according to the Escrow Agreement between the Parties. or there is a dispute in respect of any order. CastlerCode is not liable for any damages suffered by any User due the failure of a User to notify CastlerCode or the Parties on the Platform.
Physical storage of Source code Terms and Conditions –
The Owner shall deposit the source code with the Escrow Agent. The Escrow Agent shall store the source code at the primary location of Escrow Agent. Upon the occurrence and verification of the release conditions, as specified in the Escrow Agreement between the Parties, the Escrow Agent shall release the source code to the rightful Beneficiary.
REPRESENTATIONS AND WARRANTIES
Users hereby represents and warrants that:
it is an entity duly constituted and validly existing under Applicable Law.
it holds valid and subsisting licenses, registrations, approvals and consents as may be required for conducting its business and performing its obligations under this Agreement.
it has the requisite power and authority to execute, deliver and perform its obligations under this Agreement and that this Agreement, when executed, will have been duly and validly authorized, executed and delivered by it.
there are no actions, suits or proceedings pending or, to its knowledge, threatened against or affecting it before any Governmental Authority or arbitrator/arbitral tribunal which might affect its ability to meet and carry out its obligations under this Agreement.
it shall comply with all the provisions of the Information Technology Act, 2000 and any other laws or acts for protection of data of other party or any of its Userss or any data provided by other party.
Nothing in this Agreement would be construed to mean the creation or imposition of any lien, charges or encumbrance upon the capital stock, properties, or assets of the other party.
Each User hereby represents and warrants to the other parties that it shall not violate any proprietary and/ or intellectual property rights of any third party, including without limitation, confidential relationships, patents, trade secrets, copyright and/or any other proprietary rights.
The Employees of the respective party shall continue to be the Employees of that party and work under its discretion and shall not claim any employment from the other party by the virtue of providing the services, irrespective of the location of their work.
the execution and performance of this Agreement do not breach its organizational documents or any Applicable Law, provisions of any contract or order of court or tribunal applicable to it and does not require any governmental approval.
Governing Law and Jurisdiction
This Agreement shall be governed in accordance with the Laws of India.
Any dispute, controversy or claim (“Dispute”) arising out of, relating to or in connection with this Agreement or validity hereof, shall initially be resolved by amicable negotiations among the Parties and, if not resolved through such negotiations within 30 (Thirty) days of written notice of the existence of such dispute, be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996 as amended from time to time.
Disputes which are unresolved pursuant to Clause (b) and which are referred to arbitration, for such arbitration proceedings, the sole arbitrator shall be appointed by consent of all the Parties. No Person having financial relationship with any Party(ies), officer, director, shareholder, employee, representative or relative of any shareholder of the Parties shall be nominated or appointed as an arbitrator. All arbitration proceedings shall be conducted in the English language and the seat and venue of arbitration shall be in Bengaluru. The Arbitral tribunal shall have the right to grant interim reliefs. The courts of Bengaluru shall have exclusive jurisdiction to decide upon any application under Section 9, Section 11 and other provision of Arbitration and Conciliation Act, 1996 as amended from time to time and which provides right to such court to adjudicate upon any.
Compliance with anti-bribery and anti-corruption laws
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government – owned or government — controlled companies, public international organisation and political parties. User also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of ‘The Know Your Users (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation’, RBI, as amended from time to time.
Prohibited Services
Users/You agree that you will not deposit the source code, software or digital assts which are in connection with businesses, business activities or business practices, including but limited to the following:
Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media), escort or prostitution services, website access and/or website memberships of pornography or illegal sites.
Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne etc.;
Body parts which include organs or other body parts;
Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free;
Child pornography which includes pornographic materials involving minors;
Copyright unlocking devices which include mod chips or other devices designed to circumvent copyright protection;
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
Counterfeit and unauthorized goods which include replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods;
Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like marijuana, salvia and magic mushrooms etc.;
Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
Endangered species which include plants, animals or other organisms (including product derivatives) in danger of extinction;
Gaming/ gambling which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
Government IDs or documents which include fake IDs, passports, diplomas, and noble titles;
Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
Offensive goods which include literature, products or other materials that inter alia :
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
Encourage or incite violent acts; or
Promote intolerance or hatred.
Offensive goods which include crime scene photos or items, such as personal belongings, associated with criminals;
Pyrotechnic devices, combustibles, corrosives and hazardous materials which include explosives and related goods, toxic, flammable, and radioactive materials and substances;
Regulated goods which include air bags, batteries containing mercury, freon or similar substances/ refrigerants, chemical/ industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
Securities which include government and/ or public sector unit bonds, stocks, debentures or related financial products;
Tobacco and cigarettes which include cigarettes, cigars, chewing tobacco, and related products;
Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products;
Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, gun powder or explosive mixtures and other armaments;
Wholesale currency which includes discounted currencies or currency exchanges;
Live animals or hides/ skins/ teeth, nails and other parts etc. of animals;
Multi-level marketing collection fees;
Matrix sites or sites using a matrix scheme approach;
Work-at-home approach and/ or work-at-home information;
Drop-shipped merchandise;
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India;
The User providing services that have the potential of casting CASTLERCODE in a poor light and/ or that may be prone to buy and deny attitude of the cardholders when billed (e.g. adult material/ mature content/ escort services/ friend finders) and thus leading to chargeback and fraud losses;
Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online matchmaking);
Businesses out rightly banned by law (e.g. betting & gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/ communal tensions, lotteries/ sweepstakes & games of chance;
Businesses dealing in intangible goods/ services (e.g. software download/ health/ beauty Products), and involved in pyramid marketing schemes or get-rich-quick schemes;
Any other product or service, which in the sole opinion of CASTLERCODE is detrimental to its image and interest.
Mailing lists;
Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
Money laundering services;
Database providers (for tele-callers);
Bidding/ auction houses;
Activities prohibited by the Telecom Regulatory Authority of India; and
Any other activities prohibited by applicable law.
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by CASTLERCODE without prior intimation to User.
CastlerCode Fees
Unless otherwise agreed upon by each User in the source code submission, Users agrees to pay the fees for the Services availed on CastlerCode platform.
Once paid, CastlerCode fees are non-refundable (even if Order is cancelled).
Registration fee (including GST) to be paid by all the users and is non-refundable
CastlerCode fees may change from time to time in CastlerCode’ s absolute and sole discretion.
Indemnification
You agree to indemnify and hold harmless CastlerCode, its affiliates, its officers, directors, shareholders and employees, from any claim, demand, expense or damage, including reasonable attorneys’ fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Escrow Instructions, including, payment of CastlerCode fees.
Force Majeure
Neither Parties shall be deemed to be in breach of any provision of this agreement or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, fire, explosions, earthquakes, floods, storms, strikes, lockouts, or any other causes beyond the reasonable control of the affected party.
If either party is unable to perform its obligations under this Escrow agreement due to a force majeure event, such party shall promptly notify the other party in writing, detailing the nature and expected duration of the force majeure event.
During the period of force majeure, the affected party's obligations under this agreement shall be suspended. If the force majeure event continues for a period exceeding 60 days, either party may terminate this agreement with written notice to the other party.
Modifications
CastlerCode reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a order once the Users to such Order have agreed to the Escrow Terms & conditions. You understand that the most recent version of this Agreement will be located on the Site.
Notices
Notices from CastlerCode to you will be given by e-mail, SMS or by general posting on the Site. You may contact CastlerCode by filling out the Users support form or such other email address as CastlerCode posts as its address for notice on the Site in the most recent version of the Terms of Using the Escrow Platform.
Refund Policy
In the event of a cancelled submission/ deposit or release of a source code/software from Owner, CastlerCode Registration fee and Portal usage fee is non-refundable.
Disclaimer:
