Accenis Solutions
Terms & Conditions
At Accenis Solutions, by engaging our Services, whether through signed proposal, purchase order, payment or written confirmation, you (the Client) acknowledge that you have read, understood and agree to adhere to the terms & conditions agreement and be bound by these Terms. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. These are legally binding and represent an agreement between you (the Client) and Accenis Solutions.
If you do not agree to these Terms, you must not engage or continue to use our Services.
Use of Services
- Accenis Solutions will not be held responsible for any service disruption.
- Accenis Solutions has the right to not renew client's domain/ hosting.
- You (the Client) are solely responsible for providing accurate and complete information, timely approvals, required credentials, and necessary access to systems or third-party platforms needed for the delivery of Services. Accenis Solutions will not be held liable for defects, delays, or failure in deliverables arising from incomplete, inaccurate, or late information provided by the Client. Delays or failures caused by the Client do not constitute a breach by Accenis Solutions, and all fees corresponding to work completed or in progress remain due and payable.
Payments & Billing
- Late Payment
Accenis Solutions reserves the right to suspend or pause delivery of Services including domain and hosting until outstanding invoices are settled. - Disputes
If you (the Client) dispute an invoice in good faith, you must notify us within 7 days of the invoice date, specifying the disputed amount and the reasons. Undisputed portions of any invoice remain due and payable by the original due date. - Invoice Due Date
Invoices are due within 14 days of the invoice date unless otherwise agreed in writing. - Refund Policy
Given the bespoke nature of our Services, fees paid for completed milestones or delivered work are non-refundable. Where a project is cancelled mid-engagement, you (the Client) remain liable for fees corresponding to work completed.
Disclaimers & Limitation of Liability
1. Services provided "as is"
THE SERVICES AND ALL DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACCENIS SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
In other words, we do not guarantee that our deliverables will be error-free, uninterrupted, or perfectly suited to every use case you have in mind. AI systems in particular can produce unexpected outputs, and you accept this inherent characteristic when engaging our Services.
2. No guarantee of results
Accenis Solutions makes no representation or warranty that the use of our Services will achieve any particular business outcome, revenue target, efficiency gain, or result. Any projections, estimates or examples of outcomes, case studies and portfolios discussed during the engagement are illustrative only and do not constitute a guarantee.
3. Limitation of Liability
a) Exclusion of consequential loss. IN NO EVENT SHALL ACCENIS SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- LOSS OF PROFITS OR ANTICIPATED PROFITS;
- LOSS OF REVENUE OR BUSINESS;
- LOSS OF DATA OR CORRUPTION OF DATA;
- LOSS OF GOODWILL OR REPUTATION;
- BUSINESS INTERRUPTION;
- COST OF SUBSTITUTE GOODS OR SERVICES; OR
- ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND,
WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ACCENIS SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) Cap on direct liability. ACCENIS SOLUTIONS TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY STATEMENTS OF WORK, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ACCENIS SOLUTIONS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
c) Essential basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ACCENIS SOLUTIONS. ACCENIS SOLUTIONS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
4. AI-specific disclaimer
You expressly acknowledge that:
- AI-generated outputs, automations and decisions may contain errors, biases, or unexpected behaviors that are inherent characteristics of AI Technology.
- You are solely responsible for reviewing, validating, and supervising any AI outputs before acting on them or deploying them in an environment.
- Accenis Solutions is not liable for any loss or damage arising from your reliance on unreviewed AI outputs, or from your failure to implement appropriate human oversight of automated systems.
5. Indemnification
You agree to indemnify, defend and hold harmless Accenis Solutions and its directors, officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of our deliverables in violation of these Terms or applicable law;
- Your breach of any representation or warranty in these Terms;
- Any third-party claim arising from content or data you provided to us; or
- Your use or deployment of our Services in a manner that causes harm to a third party.
6. Exceptions
Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence of Accenis Solutions; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.