1. Introduction & Acceptance
These Terms of Service (“Terms”) constitute a legally binding agreement between Pagesoft Private Limited (“Pagesoft”, “we”, “us”, “our”) and the customer entity or person accepting these Terms (“Customer”, “you”). By creating an account, executing an Order Form, or using the Services, you accept these Terms.
Order of precedence: Order Form → Terms → Policies (Privacy Policy, AUP, SLA, DPA) → Documentation.
The Services are intended for business use in India and are not directed to consumers or minors.
2. Definitions
- Account: Customer’s administrative account within the Services.
- Authorized Users: Customer’s employees, contractors, or agents permitted to use the Services.
- Customer Data: All data submitted to or generated within the Services by or for Customer (including personal data).
- Documentation: Technical and user documents provided by Pagesoft.
- Order Form: A transaction document identifying plan, quantity, term, and fees.
- Policies: Privacy Policy, Acceptable Use Policy (AUP), Service Level (SLA), Data Processing Addendum (DPA), and related documents.
3. Services & Scope
- Description: SaaS ERP offerings under the “Pages” and “Pagesoft” brands, including web/mobile apps and limited integrations.
- Infrastructure: Hosting primarily on DigitalOcean (BLR1, SGP1); certain functions on AWS.
- Changes: We may update features or components without materially reducing core functionality during a paid term.
- Trials & Betas: No free trials. Beta features, if offered, are opt-in, “as is”, excluded from SLA/indemnity, and may be withdrawn.
4. Account & Responsibilities
- Provide accurate registration and billing information and keep it current.
- Maintain confidentiality of credentials; manage Authorized Users and permissions.
- Ensure lawful use and compliance with the AUP and applicable law.
- Customer is responsible for its systems, devices, and connectivity.
- Optional integrations are governed by their own terms; Pagesoft is not responsible for third-party services.
5. Subscription, Term & Renewal
- Plans: Monthly and Annual (multi-year by agreement).
- Auto-renewal: Subscriptions auto-renew unless either party gives 30 days’ prior notice.
- Plan changes: Upgrades/add-ons pro-rated; downgrades effective at next renewal unless agreed otherwise.
6. Fees, Billing & Payment
- Currency & Taxes: Fees in INR; taxes (including GST) extra. If TDS applies, provide valid certificate.
- Payment terms: Net 30 from invoice date.
- Payment methods: Bank Transfer and methods supported by Razorpay.
- Late fees: 1.5% per month (or maximum allowed by law), calculated daily and compounded monthly; may be waived at Pagesoft’s discretion.
- Non-payment lifecycle:
- 45 days overdue → account inactive (restricted access).
- 180 days overdue → account soft-deleted; data deletion countdown begins.
- +180 days from soft-delete → permanent deletion (including backups).
- Reactivation: Automatic upon clearing dues; no reinstatement fee.
- Refunds: No refunds.
- Price changes: 30 days’ prior notice; effective on renewal.
TDS (Tax Deducted at Source)
As per applicable provisions of the Income Tax Act, 1961, customers are required to deduct TDS under Section 194J (Fees for Technical Services) at the applicable rate of 2%, wherever applicable.
Customers must ensure timely deduction and deposit of TDS with the appropriate authorities and provide valid TDS certificates to Pagesoft within the prescribed timelines.
Failure to comply with TDS obligations shall not impact the payment obligations towards Pagesoft.
MSME Compliance
Pagesoft is a registered Micro, Small, and Medium Enterprise (MSME) under the MSME Development Act, 2006, with registration number: UDYAM-KR-03-0443640.
As per the provisions of the MSME Development Act, all payments must be made within the agreed payment terms.
Any delay in payment beyond the agreed timeline shall attract interest as per the provisions of the MSME Act, which shall be payable by the customer.
7. Support, Availability & Maintenance
Pagesoft is committed to providing a reliable and high-performing platform to its customers.
- Uptime target: 99.5% monthly for factors within Pagesoft’s reasonable control.
- Exclusions: Scheduled and emergency maintenance, third-party infrastructure disruptions, internet or network failures, and events beyond Pagesoft’s reasonable control.
- Support hours: Monday to Friday, 10:00 AM to 6:00 PM IST.
- Support channels: In-App Chat, Email, WhatsApp, and Phone (for escalations).
- Response targets: In-App Chat / WhatsApp within 4 business hours, and Email within 1 business day.
- Service credits: No service credits, penalties, or financial compensation apply for interruptions or SLA deviations under these Terms.
Detailed service availability and support classifications are set out in Annexure B.
8. Acceptable Use
Customer and Users shall not: violate law; infringe IP or privacy; bypass or test security without consent; introduce malware; resell, scrape, or conduct competitive analysis; abuse resources or rate limits; use transactional channels for bulk SMS/email marketing; engage in high-risk uses (life/medical/critical infrastructure); run crypto mining or payload injection. See Annexure A for a summary.
9. Data, Privacy, Retention & Exports
- Ownership: Customer owns Customer Data; Pagesoft has a limited license to process it to provide and improve the Services.
- Privacy & Compliance: Processing follows the Privacy Policy, the IT Act, SPDI Rules, and applicable CERT-In directions.
- Locations: Primarily DigitalOcean BLR1 and SGP1; certain functions on AWS.
- Backups: Retained up to 180 days.
- Exports: In-product data export available; after termination, a 15-day export window (if accessible) precedes soft-delete.
- Deletion: Permanent deletion occurs 180 days after soft-delete, including backups. Deletion certificate available on request (where feasible).
- Logs/Audit: Audit/log exports are not provided under this ToS.
10. Security
- Reasonable technical and organizational measures, including encryption in transit and at rest (where applicable), RBAC, logging, and monitoring.
- Incident response aligned with CERT-In; legal notifications made as required.
- Customer must secure its endpoints, identity access, and connectivity.
11. Third-Party Services & Integrations
Optional integrations (e.g., Razorpay, MSG91, Twilio SendGrid, Crisp, analytics, verification) are governed by their own terms. Pagesoft is not responsible for third-party acts/omissions. Customer authorizes necessary data sharing to enable chosen integrations.
12. Intellectual Property
- Pagesoft IP: Pagesoft retains all rights to the Services, software, Documentation, and trademarks.
- Customer license: Non-exclusive, non-transferable, revocable, business-use license for Authorized Users during the term.
- Restrictions: No reverse engineering, decompilation, or removal of notices.
- Feedback: Perpetual, royalty-free license to use feedback.
13. Confidentiality
Each party shall protect the other’s Confidential Information using at least reasonable care and use it only for purposes of the engagement. Exceptions include public information, independently developed information, third-party disclosure without restriction, and law-required disclosure with notice where lawful.
14. Warranties & Disclaimers
- Each party represents it has authority to enter into these Terms.
- Except as expressly stated, the Services are provided “as is” and “as available”.
- No warranty of uninterrupted or error-free operation or compatibility with third-party services, networks, or devices.
- Customer is responsible for compliance with laws applicable to its use and content.
15. Indemnity
Customer will defend, indemnify, and hold Pagesoft harmless from third-party claims arising from Customer Data or content, breach of these Terms/AUP/law, or unauthorized combinations. The indemnified party will provide prompt notice, cooperation, and allow control of defense/settlement.
16. Limitation of Liability
Pagesoft provides its Services on a commercially reasonable and best-effort basis.
To the maximum extent permitted under applicable law, Pagesoft shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss or corruption of data
- Business interruption
- Reputational damage
Pagesoft shall not be held responsible for any delay, disruption, or failure in performance resulting from:
- Third-party infrastructure or service providers
- Internet or network failures
- Customer-side misconfiguration, misuse, or unauthorized access
- Events beyond Pagesoft’s reasonable control
While Pagesoft implements appropriate safeguards, monitoring, and backup practices to protect customer data and ensure system reliability, certain outcomes may be subject to technical limitations or external factors.
In no event shall Pagesoft’s total aggregate liability, arising out of or in connection with the use of the Services, exceed the total fees paid by the customer to Pagesoft for the Services in the one (1) month preceding the event giving rise to such liability.
No service credits, penalties, or financial compensation shall be applicable for any service interruptions or SLA deviations.
17. Suspension & Termination
- Suspension: Immediate suspension if required by law, for security risks, AUP/Terms breaches, or per non-payment lifecycle.
- Termination for cause: Either party may terminate for material breach not cured within 30 days of written notice.
- Effect: Access ceases on termination/expiry; export within any available window; deletion per Sections 6 and 9.
- Survival: Fees, IP, confidentiality, disclaimers, liability, governing law, dispute resolution, and notices survive.
18. Professional Services
Implementation, training, or other services are provided under a mutually executed Statement of Work (SOW) on a time-and-materials basis at agreed rates. Customer owns its content; Pagesoft retains platform/IP; deliverables are licensed for use solely with the Services.
19. APIs
Public APIs are not currently available. Any future APIs will be governed by separate API terms (including rate limits, keys, and restrictions) and may be revoked for security/abuse.
20. Compliance & Legal
- Governing law: Laws of India.
- Dispute resolution (Arbitration): Sole arbitrator under the Arbitration and Conciliation Act, 1996 (as amended). Seat/venue: Bengaluru, Karnataka. Language: English. Courts at Bengaluru have jurisdiction for interim relief and enforcement.
- Anti-bribery & sanctions: Each party will comply with applicable anti-corruption and sanctions laws.
- Export & trade controls: Customer shall not use the Services in violation of applicable trade controls.
21. Changes to Services or Terms
Pagesoft may modify, update, or discontinue any part of the Services or these Terms from time to time.
Where changes are material, Pagesoft will make reasonable efforts to notify customers in advance or within a reasonable timeframe, through appropriate communication channels such as email, in-application notifications, or website updates.
Certain changes may be made with immediate effect where required for:
- Security or compliance reasons
- Legal or regulatory requirements
- Technical or operational necessity
Pagesoft will aim to communicate significant changes in a clear and timely manner.
Continued use of the Services after such changes come into effect shall constitute acceptance of the updated Terms.
22. Notices
Pagesoft Private Limited
No. 17, 2nd Floor, 2nd Main Srinidhi Layout,
KSRTC Layout, Herohalli, Bengaluru, Karnataka, India – 560091
Email (legal): legal@pagesoft.app
Customer notices: Sent to the email/address in Customer’s Account or Order Form. Customer consents to electronic communications.
23. Assignment & Subprocessors
- Assignment: Customer may not assign without Pagesoft’s written consent. Pagesoft may assign to Affiliates or in connection with merger, acquisition, or sale of assets.
- Subprocessors: Pagesoft may use subprocessors with appropriate safeguards; a current list may be maintained as an annexure or upon request.
24. Force Majeure
No liability for delay or failure due to events beyond a party’s reasonable control (including natural disasters, war, terrorism, labor disputes, failures of internet or third-party networks), provided reasonable efforts to mitigate are used.
25. Business Continuity & Change in Control
In the event of a material change in ownership, management, or control of Pagesoft (“Change in Control”), Pagesoft will make reasonable efforts to ensure continuity of Services for its customers.
Where feasible, Pagesoft will provide prior notice of such change. In scenarios where advance notice is possible, Pagesoft intends to provide up to 12 months’ prior communication to customers.
During such transition period, Pagesoft will make commercially reasonable efforts to:
- Maintain continuity of Services
- Ensure access to customer data
- Provide necessary support for transition planning
Pagesoft aims to ensure that customers have sufficient time and support to make informed decisions regarding continued use of the Services.
This commitment is subject to operational feasibility, regulatory requirements, and circumstances beyond Pagesoft’s reasonable control.
26. General
- Entire agreement: These Terms (with Order Forms and Policies) are the entire agreement and supersede prior understandings.
- Severability: If a provision is unenforceable, the remainder remains in effect.
- No waiver: Failure to enforce a provision is not a waiver.
- Independent contractors: The parties are independent contractors.
- No third-party beneficiaries.
- Language: English only.
27. Policies Incorporated by Reference
- Privacy Policy: Privacy Policy
- Acceptable Use Policy (Annexure A)
- Service & Support Overview (Annexure B)
- Data Processing Addendum (Annexure C, if applicable)
- Security Practices & Incident Response Summary (Annexure D)
- Subprocessor List (Annexure E)
Annexure A – Acceptable Use Policy (Summary)
- Prohibited activities:
- Illegal content/acts; IP/privacy violations
- Reverse engineering; security testing without consent
- Malware; crypto mining; payload injection
- Automated scraping; resource abuse
- Reselling; bulk SMS/email via transactional channels
- High-risk uses (life/medical/critical infrastructure)
- Fair use: Comply with communicated thresholds and rate limits.
- Enforcement: Pagesoft may suspend or restrict access for AUP violations.
Annexure B – Service Availability & Support
Pagesoft is committed to providing a reliable and high-performing platform to its customers.
Pagesoft targets a service availability of 99.5% uptime, calculated on a monthly basis. This target applies only to factors within the reasonable control of Pagesoft.
Service availability calculations exclude:
- Scheduled maintenance and upgrades
- Emergency maintenance activities
- Failures or disruptions caused by third-party infrastructure or services
- Internet or network-related issues
- Events beyond Pagesoft’s reasonable control
Pagesoft Services are dependent on third-party infrastructure and service providers, including but not limited to cloud hosting platforms (such as DigitalOcean and AWS), communication providers (Email, SMS, WhatsApp), and verification or integration services.
Any disruption or downtime arising from such third-party dependencies shall be considered outside the scope of this service availability target.
Support is provided through In-App Chat, Email, WhatsApp, and Phone (for escalations), during business hours (Monday to Friday, 10:00 AM to 6:00 PM IST).
Issue severity is classified as follows:
P1 – Critical Issue
- Complete system outage
- Core functionality unavailable for all users
- No reasonable workaround available
P2 – High Priority Issue
- Major functionality impacted
- Partial system degradation
- Workaround available but not ideal
P3 – General Issue
- Minor bugs or interface issues
- Non-critical functionality issues
- General queries or assistance
Pagesoft aims to respond to support requests within the following timelines:
- In-App Chat / WhatsApp: within 4 business hours
- Email: within 1 business day
Response times are indicative targets and may vary depending on the nature and complexity of the issue.
Annexure C – Data Processing & Retention (Summary)
- Ownership: Customer owns Customer Data; limited license to Pagesoft for service delivery and improvement.
- Exports: In-product tools; 15-day post-termination export window if accessible.
- Retention & deletion:
- 45 days overdue → inactive
- 180 days overdue → soft-delete
- +180 days → permanent deletion (including backups)
- Backups: Retained up to 180 days.
- Certificates: Deletion certificate available on request (where feasible).
- Security & incidents: Reasonable controls; CERT-In aligned notifications as required.