OM_NextCore · PSM SoftTech Pvt. Ltd. · Version 1.0
These terms form an agreement between PSM SoftTech Pvt. Ltd. ("we", "us") and the business entity that subscribes to the Service and whose authorised representative accepts these terms ("you", "the Customer"). "The Service" means the OM_NextCore application made available over the internet, together with the modules enabled by your subscription plan.
By ticking the acceptance box at signup, or by using the Service, you confirm you are authorised to bind the Customer and you agree to these terms. We record the date, time, IP address and the version of these terms you accepted.
The Service is sold in plans. Each plan sets the modules you can use, the number of user accounts (seats) you may create, and the number of branches you may operate. The plans and limits published when you subscribe form part of this agreement.
A seat is one named user account; accounts must not be shared between people. The Service enforces your plan's seat and branch limits — to exceed them you must move to a plan that allows it. You may upgrade at any time; a downgrade takes effect at the start of your next billing period, and only if your usage already fits the smaller plan.
You pay a per-seat subscription charge for your chosen billing cycle, plus a one-time setup fee on your first invoice. The setup fee covers onboarding work performed once; it is not charged again on renewal and is not refundable once that work has begun.
All prices exclude GST and any other applicable tax. Subscription charges are payable in advance for the whole billing cycle, and your subscription begins only when payment is received. Charges already paid for a billing period are not refundable if you stop using the Service during that period.
We may change our published prices. A change does not affect a period you have already paid for, and we will give at least 30 days' notice before it applies to your renewal.
The Service can connect to services operated by other companies. Where it does, you contract with that company directly and pay their charges directly. Those charges are not included in your subscription.
| Service | What you arrange and pay for |
|---|---|
| GST e-invoicing and return filing | Your GST Suvidha Provider subscription and per-document charges |
| WhatsApp messaging | Your WhatsApp Business API account and per-conversation charges |
| SMS | Your SMS gateway account and DLT registration |
| Your own mail server, or a paid email relay | |
| Payment collection | Your payment gateway account and its transaction charges |
| eCommerce storefront | Domain registration and hosting |
We are not responsible for the availability, accuracy, pricing or acts of these providers. Where a statutory filing depends on such a provider, meeting the statutory deadline remains your responsibility.
All data you enter into the Service, and all data generated from it, belongs to you. We process it only to provide, maintain, secure and support the Service, and where the law requires. We do not sell it. Our staff access it only where necessary to provide support you have asked for, to investigate a fault, or where the law requires, and such access is logged.
Throughout your subscription you can export your data from the Service. We recommend you take and keep your own exports at regular intervals.
The Service runs on infrastructure operated by third-party hosting providers. Our obligations to you in respect of that infrastructure — its availability, its resilience, and its backup and restoration arrangements — are no greater than the obligations those providers owe to us under their own terms, as those terms stand from time to time. We will tell you on request who hosts your instance and where to read their published terms.
A daily backup of the server on which your instance runs is taken, and retained for the period the hosting provider's policy allows.
A backup restores a server to an earlier point in time. It is not a per-record undo. Where your instance shares a database server with other customers, a restore affects every customer on that server and cannot be performed for one customer alone. We will not perform such a restore except where it is necessary for the service as a whole. To recover data you have deleted or changed, use your own exports.
We work to keep the Service available and will act promptly on faults, but we do not commit to a particular level of uptime. The Service may be unavailable during maintenance, during a failure of the hosting infrastructure or the internet, or during an event covered by clause 10. Except as these terms expressly state, the Service is provided "as is".
We maintain reasonable technical and organisational measures to protect your data against unauthorised access, alteration and loss. Where your data includes personal data, we act as a Data Processor processing it on your instructions and you act as the Data Fiduciary, as those terms are used in the Digital Personal Data Protection Act, 2023. If we become aware of a personal data breach affecting your data we will notify you without undue delay.
Nothing in this agreement limits either party's statutory obligations under the Digital Personal Data Protection Act, 2023 or the Information Technology Act, 2000.
We may suspend access if an invoice remains unpaid, if your use threatens the security or availability of the Service for other customers, or if the law requires it. Except where the law or an immediate security risk requires otherwise, we will warn you first and give you a reasonable chance to put the matter right.
You may choose not to renew. For 30 days after your subscription ends we will keep your data and give you reasonable access to export it. After that we will delete it from live systems, and it will age out of backups in the ordinary course. Once deleted it cannot be recovered — take your export before your access ends.
Nothing here limits liability that cannot be limited by law, including for fraud, wilful misconduct, or death or personal injury caused by negligence.
Subject to that, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated saving. Our total aggregate liability arising out of or in connection with this agreement is limited to the total subscription charges you paid us in the twelve months immediately before the event giving rise to the claim. These limits do not apply to your obligation to pay charges properly due.
Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, terrorism, riot, act of government, strike, or failure of the public internet or of a hosting, telecommunications or electricity provider.
Each party will keep the other's confidential information confidential and use it only for this agreement. The Service, its software, design and documentation remain our property and that of our licensors; your subscription is a right to use the Service for your own business during your subscription period.
We may update these terms, giving at least 30 days' notice of a material change and publishing the new version with its version number and date. Notices to you go to the email address registered on your account.
These terms are governed by the laws of India, and the courts at Mumbai, Maharashtra have exclusive jurisdiction. The parties will first try in good faith to settle any dispute by discussion within 30 days; failing that, the dispute goes to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Mumbai, in English.
If a court finds any clause unenforceable, the rest continues in force.
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