Terms & Conditions
LoRa Enabled - TERMS & CONDITIONS
Please read these terms of service and Purchase Order/Work Order & Rental / Sale Agreement (together, these �Terms�) carefully as they form a contract between You (�Customer�) and WEGoT . It governs use of and access to the Service(s) by You, Your Affiliates, Users and End-Users. In the event of a conflict between these terms of service and Purchase Order/Work Order or Rental / Sale Agreement, these terms of service shall prevail.
1. SCOPE OF SERVICES
WEGoT shall provide a mobile application called "WEGoT" to the Customer, with access for each resident to their respective apartment, along with an administrative dashboard for the facility management team to make data and data analytics available with regard to the monitoring and consumption of water to the Customer's premise.
WEGoT shall provide water meter/sensors, cables, conduits, LoRA duct units (�WEGoT Materials�) as per Product Specifications Document;
The Customer understands that the mobile application and administrative dashboard are provided on an "as-is" basis for the purpose of providing data to the Customer;
2. RESPONSIBILITIES OF WEGoT
WEGoT shall:
a. Perform all Services in a diligent and sincere manner and to the best of its abilities, following prescribed industry standards.
b. WEGoT will provide online training for the Administrative Dashboard and share a video on how to use the Mobile Application with the Customer.
c. In the event of a power issue or any issue with internet connectivity, once the issues are resolved then the data for the lost time will be calculated on pro rata basis.
d. In the event of any issue with the LoRA Duct, WEGoT will take all reasonable measures to ensure the same is fixed as per the SLA. The Customer acknowledges that any issue with the LoRA Duct will result in data loss and data for the lost time will be calculated on pro rata basis
e. WEGoT will ensure data update time to cloud will be a maximum of 15 minutes during normal time. If the data doesn�t update within this timeframe, WEGoT will notify the Customer and the customer should ensure that the LoRA Duct is turned on. If the above steps are taken and the data is not updating or update time is longer than 20 minutes, the Customer should intimate WEGoT by creating a ticket as per process mentioned in Clause 7.
f. WEGoT will provide access to the Mobile Application by linking one Email Address to a single apartment and the facility team will be provided the user name and password for the Administrative Dashboard.
g. Inform the Customer of any delay in the provision of Services, in a timely manner.
h. WEGoT will follow all required safety norms during installation and service.
i. Raise invoices in a timely manner.
j. Comply with the terms herein.
3. OBLIGATIONS OF THE CUSTOMER
The Customer shall:
a. Make payments in a timely manner as per the payment schedule and terms herein and comply with all the other terms.
b. The Customer shall completely cooperate with WEGoT and make all necessary arrangements for WEGoT to install and service the water meter/ sensors from time to time.
c. If scaffolding is required at the time of installation, the Customer is required to make permanent provision to ensure accessibility or will have to bear the cost of scaffolding for any maintenance work required.
d. Customer will take reasonable effort to provide uninterrupted power supply to the Duct LoRA. Customer acknowledges that any usage during power outage will result in data loss for this period.
e. Customer shall provide 230V AC supply for the Unit in close proximity to the same.
f. Refrain from utilizing the Services or data provided for any illegal and/or immoral purposes.
g. Raise concerns or complaints in a timely manner to WEGoT.
h. Customer should take all necessary precautions to ensure that there are no foreign particles including but not limited to sticks, twigs, etc in the water supplied to the pipelines
i. The Customer shall follow the instructions provided by WEGoT at all times and ensure that WEGoT�s Materials are not tampered or interfered with.
j. The Customer understands that WEGoT shall be entitled to indefinitely suspend the services in the event of delayed payments made by the Client, at the discretion of the WEGoT.
k. The Customer understands that WEGoT is not responsible for the differences if any between the source input and Sum of all inlet-measuring points.
l. WEGoT is only responsible for meters installed by their team and will not be liable for any meters or materials provided by third parties.
4. WARRANTY FOR ULTRASONIC SENSORS
a. WEGoT's warranty covers the meters, sensors and other material "WEGoT Materials" supplied by WEGoT as explained in Annexure D, subject to the terms contained herein.
b. The following shall be excluded from warranty and shall render the Warranty void:
i. Any damage or interference with the WEGoT Materials by persons other than WEGoT's authorized personnel;
ii. Damage to the WEGoT Materials due to foreign particle, dust, scaling accumulated in sensors;
iii. Damage to the WEGoT Materials due to any scaffolding, carpentry, civil work or other activities by third party;
iv. Any kind of accidental damage/ theft/ vandalism;
v. Electrical short circuit, voltage fluctuation, power fluctuation damage caused due to fluctuations in the main power supply or due to lightning;
vi. Damage caused to WEGoT Materials by any kind of pests including rats and rodents;
vii. Meddling with the WEGoT Materials by an external contractor;
viii. Damage or malfunction caused due to acts of God including earthquake, flood, fire etc.;
ix. Sensor reading mal-fluctuations due to fault in the plumbing line or due to alteration of plumbing line by any third party post installation of sensors;
x. All damages and failure arising due to abuse, negligence of the Customer to follow the operating procedures and instructions outlined by WEGoT;
xi. Improper use of system;
xii. Wrong connections made persons other than WEGoT authorized personnel.
c. The Client will bear the cost of replacement of any WEGoT Material occurring out of Warranty as per Clause 4(b).
d. WEGoT shall ensure that the equipment parts replaced will be equivalent in performance of existing parts.
5. WARRANTY FOR PADDLE WHEEL SENSORS
a. WEGoT's warranty covers the meters, sensors and other material "WEGoT Materials" supplied by WEGoT as explained in Annexure D, subject to the terms contained herein.
b. The following shall be excluded from warranty and shall render the Warranty void:
i. Any damage or interference with the WEGoT Materials by persons other than WEGoT's authorized personnel;
ii. Damage to the WEGoT Materials due to foreign particle, dust, scaling accumulated in sensors;
iii. Damage to the WEGoT Materials due to any scaffolding, carpentry, civil work or other activities by third party;
iv. Any kind of accidental damage/ theft/ vandalism;
v.Electrical short circuit, voltage fluctuation, power fluctuation damage caused due to fluctuations in the main power supply or due to lightning;
vi. Damage caused to WEGoT Materials by any kind of pests including rats and rodents;
vii. Meddling with the WEGoT Materials by an external contractor;
viii. Damage or malfunction caused due to acts of God including earthquake, flood, fire etc.;
ix. Sensor reading mal-fluctuations due to water back flow due to the plumbing system or other plumbing fault;
x. Sensor reading mal-fluctuations due to airflow or other fault in the plumbing line;
xi. Sensor reading mal-fluctuations due to alteration of plumbing line by any third party post installation of sensors
xii. All damages and failure arising due to abuse, negligence of the Customer to follow the operating procedures and instructions outlined by WEGoT;
xiii. Improper use of system;
xiv. Wrong connections made persons other than WEGoT authorized personnel.
c. The Client will bear the cost of replacement of any WEGoT Material occurring out of Warranty as per Clause 4(b).
d. WEGoT shall ensure that the equipment parts replaced will be equivalent in performance of existing parts.
6. DISCLAIMER OF WARRANTIES
a. WEGoT shall take reasonable measures to ensure that the data provided is accurate and up-to-date, but does not provide any warranties that the data is always accurate or up-to-date or that the application and dashboard will be completely error or bug-free;
b. The Customer understands and acknowledges that there may be errors in the data provided from time to time and WEGoT shall take reasonable action to rectify any such errors;
7. SERVICE TURN AROUND TIME
a. WEGoT shall take all reasonable efforts to resolve issues relating to gateway within 48 (forty-eight) hours of identifying the issue.
b. The Customer shall first ensure that the inlet is first tested as per the Self Diagnosis process mentioned in the FAQ. If the issue is found to be due to sensor malfunction, the Customer shall raise a ticket in accordance with the support process communicated by WEGoT.
c. The ticket raised by the Customer for sensor failure, multiple communication error, duct error will be resolved within 72 (Seventy-Two) hours.
d. The tickets raised by the Customer for the single sensor issue will be resolved within based on appointment received for the particular apartment.
e. All timelines mentioned herein shall be exclusive of national, state and local holidays.
8. SUPPORT HOURS
a. In the event that the Customer is in need of support from WEGoT then the Customer needs to raise a ticket through app or send an email to support@wegot.in.
b. WEGoT will issue a ticket number on receipt of the email.
c. WEGoT will get in touch with the Customer within 24 (twenty-four) hours via email.
d. Calls without raising a ticket will not be addressed by WEGoT.
e. A penalty amount of Rs. 100 (Hundred Rupees) per day/per ticket not exceeding Rs. 500 (Five Hundred Rupees) shall be paid by WEGoT to the Customer in case SLA times mentioned in Clause 7 are not met.
f. The Parties agree that any maintenance work shall normally be done during working hours, which are from Monday to Saturday from 09:30 hours to 18:30 hours. However, in the event of an emergency, maintenance may have to be done beyond office hours and even on holidays. These are only for exceptional cases and in such an event, prior arrangement through proper communication should be made by the both the Parties.
9. DATA AND OWNERSHIP
a. The Customer understands and agrees that all the information pertaining to water measurement and readings including but not limited to inflow, usage, outflow, wastage and other data ("Data") is collected by WEGoT through WEGoT's materials such as the meter and sensors.
b. Data does not include personal data of residents such as name, email address, phone number.
c. WEGoT may use the anonymous Data to improve their services and for their own research and development and may share anonymous Data to third parties.
10. SEVERABILITY; NO WAIVER
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
11. RELATIONSHIP OF THE PARTIES
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
12. CONFIDENTIALITY
a. Non- disclosure and Protection: The Parties agree that at all times during or subsequent to the performance of the Services, the Parties will keep confidential and not disclose or cause to be disclosed, publish, disseminate or otherwise make available or use Confidential Information, except for the receiving Party's own use and only to the extent necessary to perform the Services.
13. LIMITATION OF LIABILITY
In no event shall WEGoT be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Products, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of herein WEGoT�s total liability to Customer shall not exceed the total amount of 1 (one) month rental collected from the Customer or 10% of the AMC value as applicable.
14. TERM AND TERMINATION
a. Term: The Terms herein shall take effect immediately from the Effective Date of the Purchase Order and continue to remain in full force and effect for a period of 1 (one) year (hereinafter, the �Period�).
b. Renewal: Upon expiry of the Period, the Terms shall automatically be deemed renewed each year for an additional 1 (one) year unless the service is terminated in accordance with the terms contained herein.
c. Suspension & Termination:
i. WEGoT reserve the right to suspend the Customer�s access to the App or WEGoT�s Administrative Dashboard for late payment or non-payment of Subscription Charges. WEGoT may at it�s sole discretion; provide the Customer with a period of fifteen (15) days (�Cure Period�) to make payment.
ii. The Customer may elect to terminate services at any time. Customer may request to terminate Services by writing to support@wegot.in and provide 1 (one) month�s advance written enlisting reasons for such termination. Any associated Service Data shall be retained for a period of 30 days from the date of termination of Services beyond which it shall be deleted during the normal course of operation.
iii. Upon receiving notice of termination, the Customer will be invoiced for all amounts due subsequent to the previous invoice raised by WEGoT. The balance of amounts due and payable by the Customer must be paid within 30 (Thirty) days of the termination notice. This shall include additional charges to be paid by the Customer for sensor removal that shall only be carried out by WEGoT where applicable.
15. FORCE MAJEURE
a. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under the Terms herein (the �Nonperforming Party�) will be excused from performing those obligations, on condition that it complies with its obligations under clause 11c hereinbelow.
b. For purposes of the Terms herein, �Force Majeure Event� means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under the Terms (other than an obligation to pay money), on condition that that party that uses reasonable efforts to do so, except that a Force Majeure Event will not include any a strike or other labor unrest that affects only one party, an increase in prices, or a change of law.
c. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the Nonperforming Party shall update that information as reasonably necessary.
d. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance under the Terms.
16. INDEMNIFICATION
The Customer shall indemnify, defend and hold WEGoT harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys� fees and costs) for any Product damage or personal injury arising from the Customer�s use of the Product by any cause, except to the extent such is caused by WEGoT�s neligence or willful misconduct. The provisions of this clause shall survive the termination of the Terms herein with respect to any claim or liability accruing before such termination. In no event shall WEGoT be liable for any direct, indirect, special or consequential loss or damage arising out of Customer�s use of the Products.
17. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally. In the event that mediation fails, any claim arising out of or relating to the Terms shall be settled by Arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. All hearings will be held at Chennai, India and shall be conducted in English. The Service Provider shall appoint a sole arbitrator to preside over the Arbitration proceedings.
The Terms shall be governed by and construed in accordance with the laws of India. The adjudication of any dispute will be the exclusive jurisdiction of the courts of Chennai, India.
Internet Enabled - TERMS & CONDITIONS
Please read these terms of service and Purchase Order/Work Order & Rental / Sale Agreement (together, these �Terms�) carefully as they form a contract between You (�Customer�) and WEGoT . It governs use of and access to the Service(s) by You, Your Affiliates, Users and End-Users. In the event of a conflict between these terms of service and Purchase Order/Work Order or Rental / Sale Agreement, these terms of service shall prevail.
1. SCOPE OF SERVICES
WEGoT shall provide a mobile application called "WEGoT" to the Customer, with access for each resident to their respective apartment, along with an administrative dashboard for the facility management team to make data and data analytics available with regard to the monitoring and consumption of water to the Customer's premise.
WEGoT shall provide water meter/ sensors, cables, conduits, panels (�WEGoT Materials�) as per Product Specifications Document;
The Customer understands that the mobile application and administrative dashboard are provided on an "as-is" basis for the purpose of providing data to the Customer;
2. RESPONSIBILITIES OF WEGoT
WEGoT shall:
a. Perform all Services in a diligent and sincere manner and to the best of its abilities, following prescribed industry standards.
b. WEGoT will provide online training for the Administrative Dashboard and share a video on how to use the Mobile Application with the Customer.
c. In the event of a power issue or any issue with LoRA connectivity, once the issues are resolved then the data for the lost time will be calculated on pro rata basis.
d. In the event of any issue with the Local Master Panel, WEGoT will take all reasonable measures to ensure the same is fixed as per the SLA. The Customer acknowledges that any issue with the Local Master Panel will result in data loss and data for the lost time will be calculated on pro rata basis.
e. WEGoT will ensure data update time to cloud will be a maximum of 30 minutes during normal time. If the data doesn�t update within this timeframe, WEGoT will notify the Customer and the customer should ensure that the master panel is turned on and that the Internet is connected to the system. If the above steps are taken and the data is not updating or update time is longer than 30 minutes, the Customer should intimate WEGoT by creating a ticket as per process mentioned in Clause 7.
f. WEGoT will provide access to the Mobile Application by linking one Email Address to a single apartment and the facility team will be provided the user name and password for the Administrative Dashboard.
g. WEGoT will take reasonable efforts to ensure that data is stored in the local panel during the Internet interruption and once the issue is resolved, the cumulative data for the downtime period will be automatically transferred to the cloud server within 1 hour.
h. Inform the Customer of any delay in the provision of Services, in a timely manner.
i. WEGoT will follow all required safety norms during installation and service.
j. Raise invoices in a timely manner.
k. Comply with the terms herein
3. OBLIGATIONS OF THE CUSTOMER
The Customer shall:
a. Make payments in a timely manner as per the payment schedule and terms herein and comply with all the other terms.
b. The Customer shall completely cooperate with WEGoT and make all necessary arrangements for WEGoT to install and service the water meter/ sensors from time to time.
c. If scaffolding is required at the time of installation, the Customer is required to make permanent provision to ensure accessibility or will have to bear the cost of scaffolding for any maintenance work required.
d. Customer will take reasonable effort to provide uninterrupted internet connectivity (where applicable) and power. Customer acknowledges that any usage during internet outage will be updated as a cumulative reading and that detailed log data will be lost for this period.
e. Customer shall provide 230V AC supply for the master panel in close proximity to the master panel / Duct LoRA.
f. Refrain from utilizing the Services or data provided for any illegal and/or immoral purposes.
g. Raise concerns or complaints in a timely manner to WEGoT.
h. Customer should take all necessary precautions to ensure that there are no foreign particles including but not limited to sticks, twigs, etc in the water supplied to the pipelines.
i. The Customer shall follow the instructions provided by WEGoT at all times and ensure that WEGoT�s Materials are not tampered or interfered with.
j. The Customer understands that WEGoT shall be entitled to indefinitely suspend the services in the event of delayed payments made by the Client, at the discretion of the WEGoT.
k. The Customer understands that WEGoT is not responsible for the differences if any between the source input and Sum of all inlet-measuring points.
l. WEGoT is only responsible for meters installed by their team and will not be liable for any meters or materials provided by third parties.
4. WARRANTY FOR ULTRASONIC SENSORS
a. WEGoT's warranty covers the meters, sensors and other material "WEGoT Materials" supplied by WEGoT as explained in Annexure D, subject to the terms contained herein.
b. The following shall be excluded from warranty and shall render the Warranty void:
i. Any damage or interference with the WEGoT Materials by persons other than WEGoT's authorized personnel;
ii. Damage to the WEGoT Materials due to foreign particle, dust, scaling from the pipeline accumulated in sensors;
iii. Damage to the WEGoT Materials due to any scaffolding, carpentry, civil work or other activities by third party;
iv. Any kind of accidental damage/ theft/ vandalism;
v. Electrical short circuit, voltage fluctuation, power fluctuation damage caused due to fluctuations in the main power supply or due to lightning;
vi. Damage caused to WEGoT Materials by any kind of pests including rats and rodents;
vii. Meddling with the WEGoT Materials by an external contractor;
viii. Damage or malfunction caused due to acts of God including earthquake, flood, fire etc.;
ix. Sensor reading mal-fluctuations due to fault in the plumbing line or due to alteration of plumbing line by any third party post installation of sensors;
x. All damages and failure arising due to abuse, negligence of the Customer to follow the operating procedures and instructions outlined by WEGoT;
xi. Improper use of system;
xii. Wrong connections made persons other than WEGoT authorized personnel.
c. The Client will bear the cost of replacement of any WEGoT Material occurring out of Warranty as per Clause 4(b).
d. WEGoT shall ensure that the equipment parts replaced will be equivalent in performance of existing parts.
5. WARRANTY FOR PADDLE WHEEL SENSORS
a. WEGoT's warranty covers the meters, sensors and other material "WEGoT Materials" supplied by WEGoT as explained in Annexure D, subject to the terms contained herein.
b. The following shall be excluded from warranty and shall render the Warranty void:
i. Any damage or interference with the WEGoT Materials by persons other than WEGoT's authorized personnel;
ii. Damage to the WEGoT Materials due to foreign particle, dust, scaling from pipeline accumulated in sensors;
iii. Damage to the WEGoT Materials due to any scaffolding, carpentry, civil work or other activities by third party;
iv. Any kind of accidental damage/ theft/ vandalism;
v. Electrical short circuit, voltage fluctuation, power fluctuation damage caused due to fluctuations in the main power supply or due to lightning;
vi. Damage caused to WEGoT Materials by any kind of pests including rats and rodents;
vii. Meddling with the WEGoT Materials by an external contractor;
viii. Damage or malfunction caused due to acts of God including earthquake, flood, fire etc.;
ix. Sensor reading mal-fluctuations due to water back flow due to the plumbing system or other plumbing fault;
x. Sensor reading mal-fluctuations due to airflow or other fault in the plumbing line;
xi. Sensor reading mal-fluctuations due to alteration of plumbing line by any third party post installation of Sensors
xii. All damages and failure arising due to abuse, negligence of the Customer to follow the operating procedures and instructions outlined by WEGoT;
xiii. Improper use of system;
xiv. Wrong connections made persons other than WEGoT authorized personnel.
c. The Client will bear the cost of replacement of any WEGoT Material occurring out of Warranty as per Clause 4(b).
d. WEGoT shall ensure that the equipment parts replaced will be equivalent in performance of existing parts.
6. DISCLAIMER OF WARRANTIES
a. WEGoT shall take reasonable measures to ensure that the data provided is accurate and up-to-date, but does not provide any warranties that the data is always accurate or up-to-date or that the application and dashboard will be completely error or bug-free;
b. The Customer understands and acknowledges that there may be errors in the data provided from time to time and WEGoT shall take reasonable action to rectify any such errors;
7. SERVICE TURN AROUND TIME
a. WEGoT shall take all reasonable efforts to resolve issues relating to gateway within 48 (forty-eight) hours of identifying the issue.
b. The Customer shall first ensure that the inlet is first tested as per the Self Diagnosis process mentioned in the FAQ. If the issue is found to be due to sensor malfunction, the Customer shall raise a ticket in accordance with the support process communicated by WEGoT.
c. The ticket raised by the Customer for sensor failure, multiple communication error, duct error will be resolved within 72 (Seventy-Two) hours.
d. The tickets raised by the Customer for the single sensor issue will be resolved within based on appointment received for the particular apartment.
e. All timelines mentioned herein shall be exclusive of national, state and local holidays.
8. SUPPORT HOURS
a. In the event that the Customer is in need of support from WEGoT then the Customer needs to raise a ticket through app or send an email to support@wegot.in.
b. WEGoT will issue a ticket number on receipt of the email.
c. WEGoT will get in touch with the Customer within 24 (twenty-four) hours via email.
d. Calls without raising a ticket will not be addressed by WEGoT.
e. A penalty amount of Rs. 100 (Hundred Rupees) per day/per ticket not exceeding Rs. 500 (Five Hundred Rupees) shall be paid by WEGoT to the Customer in case SLA times mentioned in Clause 7 are not met.
f. The Parties agree that any maintenance work shall normally be done during working hours, which are from Monday to Saturday from 09:30 hours to 18:30 hours. However, in the event of an emergency, maintenance may have to be done beyond office hours and even on holidays. These are only for exceptional cases and in such an event, prior arrangement through proper communication should be made by the both the Parties.
DATA AND OWNERSHIP
a. The Customer understands and agrees that all the information pertaining to water measurement and readings including but not limited to inflow, usage, outflow, wastage and other data ("Data") is collected by WEGoT through WEGoT's materials such as the meter and sensors.
b. Data does not include personal data of residents such as name, email address, phone number.
c. WEGoT may use the anonymous Data to improve their services and for their own research and development and may share anonymous Data to third parties.
10. SEVERABILITY; NO WAIVER
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
11. RELATIONSHIP OF THE PARTIES
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
12. CONFIDENTIALITY
a. Non- disclosure and Protection: The Parties agree that at all times during or subsequent to the performance of the Services, the Parties will keep confidential and not disclose or cause to be disclosed, publish, disseminate or otherwise make available or use Confidential Information, except for the receiving Party's own use and only to the extent necessary to perform the Services.
13. LIMITATION OF LIABILITY
In no event shall WEGoT be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Products, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of herein WEGoT�s total liability to Customer shall not exceed the total amount of 1 (one) month rental collected from the Customer or 10% of the AMC value as applicable.
14. TERM AND TERMINATION
a. Term: The Terms herein shall take effect immediately from the Effective Date of the Purchase Order and continue to remain in full force and effect for a period of 1 (one) year (hereinafter, the �Period�).
b. Renewal: Upon expiry of the Period, the Terms shall automatically be deemed renewed each year for an additional 1 (one) year unless the service is terminated in accordance with the terms contained herein.
c. Suspension & Termination:
i. WEGoT reserve the right to suspend the Customer�s access to the App or WEGoT�s Administrative Dashboard for late payment or non-payment of Subscription Charges. WEGoT may at it�s sole discretion; provide the Customer with a period of fifteen (15) days (�Cure Period�) to make payment.
ii. The Customer may elect to terminate services at any time. Customer may request to terminate Services by writing to support@wegot.in and provide 1 (one) month�s advance written enlisting reasons for such termination. Any associated Service Data shall be retained for a period of 30 days from the date of termination of Services beyond which it shall be deleted during the normal course of operation.
iii. Upon receiving notice of termination, the Customer will be invoiced for all amounts due subsequent to the previous invoice raised by WEGoT. The balance of amounts due and payable by the Customer must be paid within 30 (Thirty) days of the termination notice. This shall include additional charges to be paid by the Customer for sensor removal that shall only be carried out by WEGoT where applicable.
15. FORCE MAJEURE
a. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under the Terms herein (the �Nonperforming Party�) will be excused from performing those obligations, on condition that it complies with its obligations under clause 11c hereinbelow.
b. For purposes of the Terms herein, �Force Majeure Event� means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under the Terms (other than an obligation to pay money), on condition that that party that uses reasonable efforts to do so, except that a Force Majeure Event will not include any a strike or other labor unrest that affects only one party, an increase in prices, or a change of law.
c. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the Nonperforming Party shall update that information as reasonably necessary.
d. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance under the Terms.
16. INDEMNIFICATION
The Customer shall indemnify, defend and hold WEGoT harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys� fees and costs) for any Product damage or personal injury arising from the Customer�s use of the Product by any cause, except to the extent such is caused by WEGoT�s neligence or willful misconduct. The provisions of this clause shall survive the termination of the Terms herein with respect to any claim or liability accruing before such termination. In no event shall WEGoT be liable for any direct, indirect, special or consequential loss or damage arising out of Customer�s use of the Products.
17. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally. In the event that mediation fails, any claim arising out of or relating to the Terms shall be settled by Arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. All hearings will be held at Chennai, India and shall be conducted in English. The Service Provider shall appoint a sole arbitrator to preside over the Arbitration proceedings.
The Terms shall be governed by and construed in accordance with the laws of India. The adjudication of any dispute will be the exclusive jurisdiction of the courts of Chennai, India.
