Summerhill Technologies Pvt. Ltd. Terms & Conditions
Effective: January 28, 2026
Shimla, Himachal Pradesh, India
1. Overview and Acceptance
Summerhill Technologies Pvt. Ltd. ("Summerhill", "we", "us"), operates summerhilltechnologies.com (the "Site") and provides SaaS products (e.g., Last Mile Delivery, Warehouse Fulfillment Solutions, Transport Management), BPO services (e.g., Contact Center), custom development (Mobile/Web/Server Apps, DevOps), and related services (collectively, "Services"). These Terms of Service ("Terms") govern your access and use. By accessing the Site, signing up, or using Services, you agree to these Terms, our Privacy Policy, and any Order Forms/SLAs. If you represent an entity, you warrant authority to bind it.
2. Definitions
- Customer Data: Data you input/upload (e.g., shipment details, customer orders etc.).
- SaaS Services: Cloud-based software like Operational Excellence or Distribution Solutions.
- Subscription Term: Initial + renewal periods per Order Form.
- SLA: Service Level Agreement defining uptime/support metrics.
3. Services and License
3.1 We grant a non-exclusive, non-transferable, revocable license during Subscription Term to access SaaS Services for internal business use.
3.2 Custom Services delivered per agreed specs/timelines. BPO per SLA (e.g., 95% calls answered <20s).
3.3 Usage limits: API calls ≤ specified in Order Form; no excessive load.
4. Subscriptions and Payments
4.1 Subscriptions auto-renew at then-current rates unless 30 days' notice.
4.2 Fees invoiced monthly/annually; due net 15 days. Late: 1.5%/month.
4.3 Taxes, usage overages extra. No refunds post-delivery.
5. SLAs and Support
5.1 SaaS: 99.5% monthly uptime (excl. maintenance); credits for shortfalls.
5.2 Support: P1 (critical) <4hrs; email/tickets via portal. BPO: Per SLA.
5.3 Exclusions: Your misuse, Force Majeure.
6. Customer Data and DPDP Compliance
6.1 You retain ownership; grant us license to process for Services.
6.2 We process per Privacy Policy/DPDP Act: consent obtained, encrypted storage (Indian servers), subprocessors (e.g., AWS India) listed on request.
6.3 On termination: Export access 30 days; auto-delete after. Audits on request (yearly).
7. Intellectual Property and Prohibited Uses
7.1 Our IP (software, improvements) remains ours; you gain no rights beyond license.
7.2 Prohibited: Reverse-engineering, reselling access, illegal use (e.g., unauthorized tracking), malware upload.
7.3 You own Feedback; we get perpetual license.
8. Confidentiality
Each party protects the other's confidential information (business data, pricing) for 5 years post-term; standard NDA exceptions apply.
9. Warranties and Disclaimers
9.1 We warrant Services free of Known Viruses; comply with DPDP.
9.2 EXCEPT AS STATED, SERVICES "AS IS"; NO WARRANTIES OF FITNESS/MERCHANTABILITY.
10. Limitation of Liability
10.1 Total liability ≤ fees paid last 12 months.
10.2 No indirect/consequential damages (lost profits, data loss).
11. Indemnification
You indemnify us for claims from your data/use/breach. We indemnify for our IP infringement (excl. your modifications).
12. Termination
12.1 Terminate: 30 days' notice post-Initial Term.
12.2 Suspend/Terminate for breach (10 days cure); non-payment (immediate). Survival: IP, Liability, Confidentiality.
13. Governing Law and Dispute Resolution
As per the Indian law; exclusive Shimla courts. Grievance Officer: [email protected]
(response <15 days per IT Rules). Arbitration optional (Shimla).
14. Miscellaneous
14.1 Changes posted; continued use = acceptance.
14.2 Severability; no waiver; entire agreement with Order Forms. Contact: [email protected]
