(Cloud ERP – O2B Technologies)
These General Terms and Conditions of Sale (“General Terms”) govern the sale of products and services by O2B Technologies and its affiliates (collectively, “O2B Technologies” or “Cloud ERP”) to the client (“Customer”).
Additional terms may apply to certain Cloud ERP services (including, without limitation, the Cloud ERP Subscription Agreement). In the event of any inconsistency between such additional terms and these General Terms, the additional terms shall prevail.
Please read these General Terms carefully before placing an order with O2B Technologies. By placing or accepting an order for Cloud ERP products or services, the Customer expressly acknowledges and accepts these General Terms.
The Customer expressly waives the application of its own standard terms and conditions, even if such terms are issued after these General Terms. Any deviation from these General Terms shall only be valid if expressly agreed in writing in advance by O2B Technologies.
Unless otherwise stated on the invoice or order form, all invoices issued by O2B Technologies are payable within twenty-one (21) working days from the invoice date. In the event of nonpayment by the due date, O2B Technologies reserves the right to charge a fixed interest penalty equal to fifteen percent (15%) of the outstanding amount. O2B Technologies shall also be entitled to suspend the provision of any services without prior notice in case of late payment.
If payment remains outstanding for more than sixty (60) days after the due date, O2B Technologies reserves the right to engage a debt recovery agency. All recovery, legal, and related costs shall be borne exclusively by the Customer.
In certain countries, withholding tax may be applied to invoice amounts in accordance with local legislation. Any such withholding tax shall be borne and paid by the Customer directly to the relevant tax authorities. Under no circumstances shall O2B Technologies be responsible for or involved in costs arising from a country’s tax legislation. Accordingly, the full invoice amount remains payable to O2B Technologies, exclusive of any such withholding obligations.
For Customers operating in multiple countries, the applicable pricing shall be based on the location associated with the highest applicable Cloud ERP price list, unless expressly agreed otherwise in writing at the time of purchase.
Monthly subscription plans are available only for Cloud ERP services hosted on Cloud ERP’s cloud infrastructure. Payment for Monthly Subscriptions must be made exclusively via credit card or another supported automatic payment method. O2B Technologies reserves the right to refuse any Monthly Subscription that does not comply with these conditions.
O2B Technologies undertakes to use commercially reasonable efforts to deliver services within agreed timelines. However, all obligations of O2B Technologies shall be obligations of means and not obligations of result. Under no circumstances shall O2B Technologies be required to intervene as a third party in any claim for damages brought against the Customer by an end user or consumer.
To be admissible, any claim against O2B Technologies must be notified by the Customer in writing by registered mail to O2B Technologies’ registered office within eight (8) days of delivery of the goods or completion of the services.
To the maximum extent permitted by applicable law, the total aggregate liability of O2B Technologies and its affiliates arising out of or in connection with these General Terms shall not exceed fifty percent (50%) of the total amount paid by the Customer during the twelve (12) months preceding the event giving rise to the claim. Multiple claims shall not increase this limitation.
O2B Technologies reserves the right to amend or modify these General Terms at any time without prior notice. The Customer shall be bound by the version of the General Terms in effect at the time of acceptance.
All contractual relationships between the Customer and O2B Technologies shall be governed exclusively by the laws of India. Any dispute arising out of or in connection with these General Terms shall be subject to the exclusive jurisdiction of the competent courts of India, unless otherwise agreed in writing.