This Customer Master Agreement is made, entered into and executed on 28 August, 2016 (hereinafter referred to as the "Effective Date") BETWEEN:-
web hobs private limited (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer"). 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 to these terms and conditions, in which case the term "Customer" shall refer to such entity.
(The Parent and the Customer may be referred to individually as a "Party" and collectively as the "Parties").
WHEREAS the Parent provides various Products and Services; AND WHEREAS the Customer wishes to purchase Parent's Products and Services
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
(1) "Advance Account" refers to the credit balance maintained by the Customer with the Parent.
(2) "Agreement" refers to this Customer Master Agreement alongwith all its appendices, extensions and amendments at any given point in time.
(3) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.
(4) "Clear Balance" refers to credit in the Customer Advance Account after deducting any accrued liabilities, Locked Funds and debited amounts.
(5) "Confidential Information", as used in this Agreement shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Parent to the Customer under this Agreement, whether written, transmitted, oral, through the Parent Website or otherwise, that is marked as Confidential.
(6) "Customer Contact Details" refers to the Contact Details of the Customer as listed in the OrderBox Database.
(7) "Customer Control Panel" refers to the set of Web-based interfaces provided by the Parent and its Service Providers to the Customer which allows him to Manage Orders.
(8) "Customer Product Agreement Extension" refers to the latest version of a Specific Customer Product Agreement Extension as posted in the Customer Control Panel or on the Parent Website.
(9) "OrderBox" refers to the set of Servers, Software, Interfaces, Parent Products and API that is provided for use directly or indirectly under this Agreement by the Parent and/or its Service Providers.
(10) "OrderBox Database" is the collection of data elements stored on the OrderBox Servers.
(11) "OrderBox Servers" refer to Machines / Servers that Parent or its Service Providers maintain to fulfill services and operations of the OrderBox.
(12) "OrderBox User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "OrderBox" by the Customer, directly or indirectly.