TERMS OF USE
Effective Date: 9th July 2025
Company: Posthangr Online Services Private Limited
Registered Office: Bichhiya, Rewa, Madhya Pradesh, 486001, India
Email: contact@posthangr.in
Website: www.posthangr.in
These Terms of Use (“Terms”) are a binding legal agreement between the Client (“you”) and Posthangr Online Services Private Limited (“Company”, “we”, or “us”), governing access to our School ERP system, mobile applications, websites, and all software delivered under a Software-as-a-Service (SaaS) model. These Terms are governed by applicable Indian laws including the Information Technology Act, 2000, the Consumer Protection Act, 2019, the Indian Contract Act, 1872, and the Insolvency and Bankruptcy Code, 2016. By signing the Service Level Agreement (SLA), accessing the platform, or making any payment, you accept all terms stated herein.
1. Service Scope and Platform Access
The Company offers proprietary digital services including ERP systems, websites, and mobile apps exclusively for educational institutions. The Client is granted limited, non-exclusive access to the user interface (UI) during the subscription term. Under no condition is access to source code, server backend, APIs, or database permitted. Platform usage is restricted to internal educational purposes. Resale, sublicense, replication, or reverse engineering is strictly prohibited. All services are defined by the final written scope agreed between parties, and changes will only be entertained via formal change requests subject to additional billing and revised delivery timelines.
2. Payment Terms and Installment Policy
All service fees are due in full before the start of each financial year. However, subject to Company approval, the Client may opt to pay the annual fee in up to three (3) installments. No services beyond the paid portion shall be delivered under any circumstance. Missed or delayed installments will lead to access suspension, void future installment privileges, and attract penalties. Pricing may be revised annually without prior notice. Non-payment, partial payment, or failure to adhere to the schedule will not entitle the Client to claim refunds, extensions, or legal remedies.
3. Non-Refund Policy
All payments made are 100% non-refundable. This applies even if the Client discontinues services voluntarily, expresses dissatisfaction, is unable to use the platform due to internal reasons, or violates the terms of this agreement. By accepting these Terms, the Client explicitly waives any claim to refund under the Consumer Protection Act, 2019. The services provided are custom-built and non-transferable, and are therefore exempt from refund obligations under Indian consumer law.
4. Intellectual Property and Ownership
All intellectual property including but not limited to software code, architecture, designs, workflows, logic, features, server structure, and backend functions are and shall remain the exclusive property of the Company. No part of the system may be copied, sold, hosted elsewhere, or reused. The Client owns only the data it uploads, which may be accessed by the Company strictly for security, technical support, analytics, or regulatory purposes. The Client shall not claim any ownership or rights over any part of the Company’s platform.
5. Client Obligations and Data Liability
The Client shall ensure that all data uploaded is lawful, accurate, and permitted under Indian law. All actions performed under the Client’s login or Super Admin accounts shall be deemed to have been performed by the Client, and the Company is not liable for user misuse, negligence, unauthorized access, or internal staff error. The Client agrees to use the platform for lawful educational purposes and shall not upload or distribute illegal, offensive, defamatory, or copyrighted material without permission.
6. Indemnification
The Client agrees to indemnify and defend the Company, its directors, employees, affiliates, and service providers against any losses, legal claims, liabilities, damages, or regulatory penalties arising from misuse of the platform, content violations, breach of these Terms, negligence, or non-compliance with laws. This indemnity clause shall survive termination of services and shall remain enforceable indefinitely.
7. Limitation of Liability
The Company shall not be liable for indirect, incidental, consequential, or special damages including but not limited to loss of revenue, goodwill, or data. Downtime caused by hosting providers, power outages, internet disruptions, or cyberattacks is not the Company’s responsibility. In any event, the Company’s maximum aggregate liability shall not exceed ₹1,000 (Indian Rupees One Thousand only), irrespective of the fees paid by the Client during the term.
8. Confidentiality and Non-Solicitation
The Client agrees not to share any pricing, technical documentation, proprietary workflows, or system design with third parties for five (5) years following termination of services. The Client also agrees not to hire, approach, or attempt to recruit any employee, vendor, or associate of the Company during the contract and for twelve (12) months thereafter. Breach of this clause will result in a penalty of ₹5,00,000 per incident, payable within seven (7) working days.
9. Service Suspension and Termination
The Company may suspend or terminate services immediately without notice for reasons including non-payment, breach of terms, misuse, legal violations, or reputational risk. The Client may terminate this agreement with ninety (90) days' written notice. No refund or partial payment will be made upon termination. The Company retains the right to delete or archive data post-termination at its sole discretion. The Client waives all rights to challenge termination terms after service access ends.
10. Business Closure and Bankruptcy
In the event that the Company ceases operations, enters liquidation, or is declared bankrupt under the Insolvency and Bankruptcy Code, 2016, all services shall be terminated immediately. The Client shall not claim any refund, continuation of services, or legal compensation under any Indian law. All directors, shareholders, and signatories of the Company shall be fully released from all personal, professional, financial, or legal liabilities. The Client voluntarily waives all rights under the Consumer Protection Act, 2019, or any other statute in such a scenario.
11. Publicity Rights
The Client hereby grants the Company permission to use its name, logo, and general service information for digital portfolios, presentations, or marketing purposes. No written approval, payment, or royalty shall be required for such use. Confidential business data will not be disclosed.
12. Legal Compliance and Enforcement
The Client agrees to comply with all applicable Indian laws including the Information Technology Act, 2000, the Consumer Protection Act, 2019, the Indian Contract Act, 1872, and guidelines issued by CERT-In or other statutory authorities. Any illegal activity or non-compliance may lead to service suspension, legal notification, and termination without refund or appeal.
13. Dispute Resolution and Jurisdiction
Any dispute shall first be resolved through mutual consultation. If unresolved, it shall be subject to arbitration under the Arbitration and Conciliation Act, 1996, with the seat and venue of arbitration at Rewa, Madhya Pradesh. The Client irrevocably consents to the jurisdiction of courts in Rewa and waives any right to challenge or transfer venue under any condition. These Terms shall be governed by the laws of India.
14. Final Declaration
By signing the Service Level Agreement or using the services of the Company, the Client confirms that they have read and understood these Terms of Use in full and voluntarily agree to all conditions without exception. These Terms supersede all prior conversations, proposals, or informal communications and constitute the final and complete agreement between the Client and the Company.
