Terms & Conditions

• Payments should be made according to the terms, mutually agreed by Unika & Client.
• Unika will only start off the proposed project work after receiving work order and project reward amount.
• Final Payment should be made after final delivery & acceptance by the client.
• Any cost arising for payments or transaction cost should be solely carried by client.
• Unika will not provide any service and hold work progress for any outstanding payment dispute from the client end.
• The AMC Billing charges will be decided according to the project & support type and also upon total volume of work for AMC.
• For any payment disputes from client end, Unika will postpone AMC services.
• The recurring or renewal charges for domain, hosting, servers or any third party components will vary according to market rate.
• For outstation or client site work bills will be raised according to the cost incurred and upon mutual agreement.

• Client shall own title & interest right to the deliverables and all usable, distribution & selling right under their banner (Source Code can be provided upon conditions, mutual agreement & against source code ownership charges). All the rights shall be granted to the Client only upon receiving full payment of the deliverables.
• Any reverse engineering, alteration, manipulation or any kind on the source code created by Unika Infocom; or compiled without having Source Code ownership, will be a breach of Copyright & Trademark Law. If such breach of contract confirmed, penalties will be applicable under relevant acts.
• Any cost incurred by Unika Infocom for any third party Tool, API or Code License integration, which are required to complete the client’s project , will be solely borne by the client. The third party entity will be solely client’s property and will be used and implemented by Unika Infocom for the proposed project.

UNIKA INFOCOM shall provide Warranty Support to every project/ application defined under the Development Program for a particular client for a period of 1 (One) calendar English year from the day of UAT Certificate issuance by for the respective project / application.

In case Client requires Post-Warranty Support service for any of the applications / projects defined under the Client’s Program beyond the Warranty Support period, UNIKA INFOCOM shall offer the same to the Client. This service shall be offered by UNIKA INFOCOM to the Client as per the terms of an Annual Maintenance Contract (AMC) that shall be signed between the Client and UNIKA INFOCOM. The AMC Terms and Conditions and the AMC Charges shall be mutually arrived at between Client and UNIKA INFOCOM. KOLKATA.

Any / all Change Request(s) shall be referred to and resolved through Change Management Process defined in this Agreement.

Any / all change(s) shall be documented as per the Change Request Form and Change Request Log of this Agreement and submitted to the Client for approval – along with their scope, effort estimates, timelines and costs as determined by UNIKA INFOCOM.

This activity comprises imparting UAT Readiness Training for Client’s staff-members in order to make them ready for UAT and actual operation of the respective project / application.

UNIKA INFOCOM. KOLKATA shall perform and/ or produce the following as an outcome / task of this activity.
The following shall be the outcome / task of this activity –
Conducting UAT Readiness Training Session

This activity comprises end-to-end User Acceptance Test conducted by Client of the integrated system, following predefined test strategies, test plans and test cases in order to provide UAT Certificate for Client’s Project.
UNIKA INFOCOM. KOLKATA shall perform and/ or produce the following as an outcome / task of this activity.

• UAT Support by UNIKA INFOCOM. KOLKATA
• UAT Monitoring and Control
• Publishing UAT Report and Trackers
• Bug Fixing

This activity comprises imparting End User Training to Client’s staff-members in order to make them ready to use App.
UNIKA INFOCOM. KOLKATA shall perform and/ or produce the following as an outcome / task of this activity.
Providing updated User Manual for End User Training
Conducting End User Training Session.

Carry out transition to the respective Application / Project developed as a part of Client application cutting over from Client’s existing system(s) on predefined date following Client’s organizational readiness.

• Training
• Installation
• Deployment Plan

This stage shall be considered as complete when Deliverables stated supra are handed over and the respective Application / Project have been implemented for the Client, within the deployment scope of UNIKA INFOCOM.

Client acknowledges that all information, designs, specifications, documentation, software listing, code, or any intangibles, which UNIKA INFOCOM. KOLKATA may from time to time disclose to Client relating to Client in pursuance of this Agreement, is proprietary and confidential to UNIKA INFOCOM. KOLKATA. Client agrees to use the same solely in accordance with the provisions of this Agreement and that Client shall not at any time, during/ after expiry or termination of this Agreement disclose the same whether directly/ indirectly to any third party without prior written consent of UNIKA INFOCOM. KOLKATA.

UNIKA INFOCOM undertakes that it shall maintain the rights and confidentiality of the data and information of Client which it may have access to during the tenancy of this Agreement. UNIKA INFOCOM. KOLKATA shall not disclose such data or information during or after expiry or termination of this Agreement, whether directly / indirectly to any third party without prior written consent of the Client.

UNIKA INFOCOM. KOLKATA shall not be liable to Client for any loss or damage caused by the use of any of the applications developed under the Client Program or any other indirect or consequential loss. Both parties agree that these limitations and exclusions of liability are reasonable in the context of this Agreement.

Both parties shall during and after the tenancy of this Agreement, indemnify and hold the other party harmless from any consequential loss, claim or damage to any person or property arising out of any error including errors in the data or use (including services) or possession of the Client software by such party or its personnel.

Unless otherwise provided in this Agreement, any notice, request, consent, demand or other communication given or required to be given hereunder shall be in writing and in English language and shall be given by fax, email and / or by Registered Post signed by a duly authorized officer and addressed to the party concerned.

If the performance of either party as specified in this Agreement is prevented, restricted, delayed or interfered by reason of:

Fire, explosion, cyclone, floods or any other perilous Act of God,
War, revolution, acts of public enemies, blockage or embargo.

Any law, order, proclamation, ordinance, demand or requirements of any Government or authority including restrictive trade practices or regulations, strikes, shutdowns or labor disputes which are not instigated for the purpose of avoiding obligations herein, or any other circumstances beyond the control of the party affected, then the party affected shall be excused from its performance to the extent such performance relates to prevention, restriction, delay or interference and provided the party so affected uses its best efforts to remove such cause on non-performance and when removed the party shall continue performance with utmost dispatch.

In the event of any major disagreement causing premature closeout of the project; UNIKA INFOCOM shall have the right to recover the project costs as per milestones achieved according to the agreed project. Client shall make all achieved milestone payments which are due to UNIKA INFOCOM