e-khata is an online accounting, finance management and tax accounting online software service. Below mentioned terms and conditions will explain e-khata obligations as a service provider and user obligations as a customer.
Please read these terms and condition thoroughly before subscribing e-khata services. These terms are applicable on any use of the e-khata software services and apply to users from the time that e-khata provides user with access to the e-khata software services.
This Agreement is a legal agreement between you and e-khata. By accepting electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.
The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature. Our Terms & Conditions may get updated from time to time in the future. You agree to review our Terms & Conditions regularly by visiting this page. Your continuous access or use of this service will mean that you agree to the changes in Terms & Conditions. You will be notified of any significant changes to our Terms & Conditions.
Agreement means these terms and condition mentioned herein including the recent change/alter/amend/modify/delete/re-phrase time to time for use of e-khata software services.
Access Charge or Fee refers to the monthly/annually/ and or any other periodic charge fee, and or as the case may be specific to any specific service or product, payable by the users for use of the services and products or any ancillaries in accordance with the Pricing Schedule but exclusive of any taxes and duties as may be applicable time to time.
Confidential Information includes all the information shared or exchanged between the e-khata and users, whether orally, in writing or electronically including the service but does not includes the information which is, or becomes, publicly available other than through un-authorised disclosure by the any other party.
Data means any data inputted by users or with user’s authority into the e-khata website or platform.
Price Schedule means the information relating to subscriptions and pricing written on the e-khata subscriptions and billing pages on the website, or any other page(s) on the website notified by e-khata, which may be updated or amended by e-khata from time to time. It shall also include any additional pricing schedule agreed upon mutually or predetermined for any service or product specific to any specific customer requirement.
Intellectual Property Right means any trademark, patent, service mark, copyright, design, know-how and or any other intellectual property rights, advertorials, videos, communications, SOP’s, certifications, contributions, whether registered or not anywhere in the world.
Service means the accounting, financial management and tax accounting services made available through e-khata website or any service or product specific to any specific customer requirement.
Website means the Hosted Internet website at the domain www.e-khata.com or any other site operated by e-khata with other domain names from time to time.
e-Khata and all current and future holding or subsidiaries of e-khata, including without limitation.
Invited User means any person and or entity, other than the subscriber, that uses the e-khata service with the authorization of the subscriber from time to time.
Subscriber means the person who is or intend to register for use of e-khata services, and includes any entity on whose behalf that person registers to use the e-khata services.
Users means the Subscriber, and where the context permits, an Invited User.
e-khata allows user the right to access and use the services through the website with the particular user roles available to users according to their subscription type. This right is non-transferable, non-exclusive and limited by and subject to this Agreement. User acknowledge and agree that, subject to any applicable written agreement between the subscriber and the invited users, or any other applicable laws:
Payment:
An invoice for the Access Charge or Fee will be issued each month/quarter/half yearly/yearly in accordance with the details set out in the Price Schedule. e-khata will continue invoicing Users in accordance with the Price Schedule until this Agreement is terminated in accordance with termination clause.
All e-khata invoices will be sent to Users, or to a billing contact whose details are provided by users, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Price Schedule. Users are responsible for payment of all taxes and duties in addition to the Access Charge.
Special pricing or discounts:
e-khata to its Users may offer special pricing or discounts for the Access Charge or Fee as a result of the number of organizations that Users have added to the service or that have been added with Users authority or as a result of Users use of the service ('Organizations') User shall be eligible for such special pricing or discounts is conditional upon users’ acceptance of responsibility for payment of any Access Charge or Fee in relation to all of Users Organizations. Without prejudice to any other rights that e-khata may have under these Terms or at law, e-khata reserves the right to render invoices for the full (non-discounted) Access Charge due or suspend or terminate Users use of the Service in respect of any or all of Users Organizations in the event that any invoices for those Access Charge are not paid in full in accordance with the requirements set out in the Price Schedule.
General obligations:
It is responsibility of the Users that the Service and Website for users’ own lawful/legitimate internal business purposes, in accordance with these Terms and any notice sent by e-khata or condition posted on the Website. Users may use the Service and Website on behalf of others or in order to provide services to others but if Users do so they must ensure that they are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to them.
Access conditions:
Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls users are permitted to make against e-khata application programming interface. Any such limitations will be advised.
Communication Conditions:
As a condition of these Terms, if user use any communication tools available through the Website (such as any forum, chat room or message center, blogs, e-mailer, advertisement), they agree, accept and confirm that only to use such communication tools for lawful and legitimate purposes. User must not use any such communication tool/software/ applications for posting or disseminating or displaying any material unrelated or not legitimate to the use of the Services, including (but not limited to): offers/advertisement of goods or services for sale, unsolicited commercial e-mail, any other communications, files, applications, terms, tools that may damage any other person's computing devices or software, content that may be offensive, damaging, destructive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which user do not have the right to use)
When user make any communication on the Website or any other media related or owned by e-khata, user represent that they are permitted to make such communication. e-khata is under no circumstance /obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, user must exercise caution when using the communication tools available on the Website. However, e-khata does reserve the right to remove any communication at any time in its sole discretion.
Indemnity:
It is construed by accepting the conditions of this Terms of Use, User indemnify e-khata against: all current or future claims, costs, damage and loss arising from user breach of any of these Terms or any obligation User may have to e-khata, including (but not limited to) any costs or amounts relating to the recovery of any Access Charge or Fee that are due/accrue but have not been paid by user.
Confidentiality:
Unless otherwise the relevant party has the prior written consent of the other or unless required to do so by law or the governing law:
Privacy:
e-khata maintains a privacy policy that sets out the parties’ obligations in respect of personal or any material, financial information. User should read that policy at https://e-Khata.com/privacy-policy and user will be taken to have agreed, accepted and confirmed that policy when they accept these Terms.
General:
Brand Name, Logo, Tagline, Title to, and all Intellectual Property Rights in the Services, the Website and any documentation, communication, advertisement, relating to the Services remain the property of e-khata (or its licensors as the case may be)
Ownership of Data:
Data, Title to and all Intellectual Property Rights in, the Data remain user property. User access to the Data is however, contingent on full payment of the e-khata Access Charge or Fee when due or accrue. User by subscribing to the services and accepting to the terms, grant e-khata a license to use, arrangement, process, copy, transmit, store, and back-up their information and Data for the purposes of enabling user to access and use the Services and for any other purpose related to provision of services to User.
Backup of Data:
User at its own end must maintain copies, repository of all Data inputted, entered, migrated into the Service. e-khata ensure adherence to its best practice policies and procedures to prevent data loss, including a system data back-up regime, assure but does not make any guarantees that there will be no loss of Data. e-khata expressly excludes liability for any loss of Data no matter how caused.
Third-party applications and user Data:
If user enable third-party applications by accepting or agreeing to their services, for use in conjunction with the Services, user acknowledge that e-khata may allow the providers of those third-party applications to access user Data as required for the interoperation of such third-party applications with the Services. e-khata shall not be responsible for any disclosure, modification or deletion of User Data resulting from any such access by third-party application providers.
Authority:
User warrant and accept that where they have registered to use the Service on behalf of another person, User have all the authority to agree to these Terms on behalf of that person for whom he has registered and agree that by registering to use the Service user bind to the person on whose behalf they act to the performance of any and all obligations that they become subject to by virtue of these Terms, without limiting user own personal obligations under these Terms.
Acknowledgement:
User acknowledge and confirm that that:
No warranties:
e-khata assures you to provide best services, however does not give any warranty about the Services. The Services are designed keeping in view of the purpose of common use and not for any specific services until unless designed specifically. Without limiting the above, e-khata does not warrant or confirm that the Services will meet user whole requirements/ requirements/ or partial requirement or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
Consumer guarantees:
Users agree and confirms and represent that they are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
Trial policy
Upon User sign up first time for access to the Services user can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. The trial period is defined by e-khata on its sole discretion and e-khata has all the right to change/abolish/amend/alter the same without any notice. If user chooses to continue using the Services after the trial period, user will be billed by adding their billing details into the Services, as set out in detail in the Price Schedule. If User choose not to continue using the Services, user may delete their organization from the Dashboard of the Services. In case of a User who has not chosen for the continuance of service by being billed-: e-khata shall not be in responsible for storing or maintain its data/file/organization details.
Prepaid Subscriptions
e-khata will not provide any refund for any remaining prepaid period for a prepaid Access Charge or Fee subscription.
No-fault termination:
Under this agreement, these Terms will continue for the period covered by the Access Charge or Fee paid or payable under payment clause. Upon renewal of Services opted by the user at end of each billing period, these Terms will automatically continue for another period of the same duration as that period for which the renewal is opted for, unless either party terminates these Terms by giving at least one month’s advance written notice. If User elect to terminate these Terms by providing one month's’ advance written notice, User shall be liable to pay all relevant Access Charge up to and including the day of termination of these Terms.
Breach:
If User:
e-khata may take any or all of the following actions, at its sole discretion without any prejudice:
For the avoidance of doubt, if payment of any invoice for Access Charge due in relation to any of user’s Billing Contacts, Billing Plans or any of their organizations is not made in accordance with the requirements set out in the Price Schedule, e-khata may: suspend or terminate user’s use of the Service, the authority for all or any of their organizations to use the Service, or user rights of access to all or any Data.
Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement user will:
Expiry or termination:
Clauses 3(I), 3(VII), 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
Technical and Functional Problems:
In the case of technical or any functional problems user must make all reasonable efforts to investigate and diagnose problems before contacting e-khata. If user still need technical or functional help, please check the support provided online by e-khata on the Website or failing that email or call us on the given communication details on www.e-khata.com.
Service availability:
For its esteemed Users e-khata intends that the Services should be available 24 hours a day, seven days a week. However, it is possible that on some occasions the Services or Website may be unavailable by virtue of any scheduled/ unscheduled maintenance or other development deployment activity taking place.
In case any activity that will interrupt the services for a longer period than it often happens during normal course of action, e-khata shall take generally acceptable efforts to communicate by publishing the same on the website of any other means of communication in advance.
e-khata offers 15 days Free Trial to all users. In result of that, e-khata believes that user enrolled after his full satisfaction of functionality available in e-khata. Any Charges paid Monthly, Quarterly, Half Yearly or Yearly are Non Refundable.
The Privacy Policy maintained in the e-Khata website www.e-Khata.com form integral part of this agreement. Any matter or concern on account of or related to the privacy policy course of the user shall be governed by the mentioned Privacy Policy.
Entire agreement:
These Terms, together with the e-khata Privacy Policy, Refund Policy and the terms of any other notices or instructions given to user under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between user and e-khata relating to the Services and the other matters dealt with in these Terms.
Waiver:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
No Assignment:
You may not assign or transfer any rights to any other person without e-Khata prior written consent.
Governing law and jurisdiction:
Severability:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Notices:
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to e-khata must be sent to [email protected] or to any other email address notified by email to user by e-khata. Notices to user will be sent to the email address which user provided when setting up access to the Service.
Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Contact Details
For any support or query, please contact [email protected] or You can also call us on our toll-free number: - 1800-8899-234