- Chat Tech guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.
- Chat Tech does not guarantee the compatibility of offered Services with other producers’ software. The Customer shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the Customer’s objectives. Please be aware that due to the complexity of long-distance data transmission, there is no possibility to ensure absolute security, accessibility, and continuity of the provided Service.
- Chat Tech, shall bear no liability for:
- All negative consequences being the result of force major.
- Phrases and entries added to the network by the Customer and End-Users in connection with the use of offered Services.
- Unlawful and inconsistent with the Agreement usage of Services.
- Disturbances in accessibility of offered Services not caused by Chat Tech.
- Damages suffered by the Customer, End-User, or any other person or entity having arisen due to the third-party claims, suspension or closing of the account by the Customer, or for other reasons arising from the Customer’s fault.
- Damage incurred by the Customer, End-Users, or any other person or entity as – a – result of Customer’s third-party usage of Services that enable or prevent the Customer or End-Users from accessing the provided Services.
- Damages caused by the Customer or the impossibility to use Services, incidental and consequential damages, including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shutdown, or company reputation infringement.
- Chat Tech, advises the Customer that restrictions or impairments of the Service may arise which are beyond the control of Chat Tech, including, without limitation, actions of third parties who do not act on behalf of Chat Tech, force major, fires, strikes, accidents, and technical conditions beyond the control of Chat Tech, e.g., the Internet. The hardware, software, and technical infrastructure used by the Customer can also influence the Services. Any delay or default affecting the availability, functionality, or timely performance of the Services caused by such circumstances will not constitute a breach of the Agreement.
- The Company shall, at its sole discretion, repair or re-perform such Services or correct the defective part. If, at the sole discretion of the Company, the error cannot be corrected with reasonable commercial efforts, then the Company, at its sole discretion, may terminate the affected Services and credit the price of such defective Services that the Customer prepaid on a pro-rata basis for the period following the effective date of termination of the affected Services.
- If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or un-enforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Governing Law: The Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be an appropriate federal or state court, and the Parties agree not to raise, and hereby waive, any objections or defences based upon venue or forum of non-convenience.
All disputes arising out of the Agreement shall be primarily resolved amicably. Chat Tech is open to set up a mediation in case of any conflict. Prior to initiating any legal action arising out of the Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with an aim to speedy resolution of such dispute within thirty (30) days of the receipt of such notice.