Privacy Policy

Terms of Use

This site is operated by Finwill Corpsolutions Private Limited (“Finwill”).

Please read these terms and conditions before using this site, by using this site, you, the Client, signify your consent to these terms of use. If you do not agree to these terms of use please do not use this site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check this term periodically for changes.

No material from this website may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way, except that you may download one copy of the materials provided you keep intact all copyright and other proprietary notices. Modification of the materials is a violation of Finwill’s copyright.

Finwill’s copyright

We do not use cookies for collecting user information. We use cookies to improve the siteexperience. Continued use of our website shows your acceptance of this and our full Terms & Conditions.

The Client agrees that it is their responsibility that the website is only used for lawful purposes and that they:

    • Will not authorize or permit any other party to use the Server in violation of any law or regulation.
    • Will not knowingly or recklessly post, link to or transmit: neither any material that is unlawful, threatening, abusive, harmful, malicious, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way nor any material containing a
      virus or other hostile computer program.
    • Will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction.Will conform to the standards made available by Finwill from time to time and will not make excessive or wasteful use of the Server to the detriment of Finwill.
    • Warrant, undertake and agree to keep secure any identification, password and other confidential information relating to the website and to notify Finwill of any known or suspected unauthorized use of the website, or any known or suspected breach of security,including loss, theft or unauthorized disclosure of any password information.
    • Furthermore, members are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse.
    • The Client should take all reasonable precautions against any Hacker gaining access to their system, e-mails or web site. If such an attack is detected they are required to inform Finwill as soon as possible.
    • It is our policy to respect the privacy of all our Clients. Therefore, in addition to the privacy of registration data we will not edit, or disclose the contents of a guests e-mail unless required in the course of normal maintenance of the Finwill’s website and its systems or unless required to do so by law or in good- faith believe that such action is necessary to:
      • Comply with the law or comply with legal process served on Finwill.
      • Protect and defend the rights or property of Finwill.
      • Act in an emergency to protect the personal safety of our Clients or the public.

What we collect

We may collect the following information:

      • name and job title
      • contact information including email address
      • demographic information such as postcode, preferences and interests
      • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

      • Internal record keeping
      • We may use the information to improve our products and services.
      • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
      • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize your requirement according to your interests.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

      • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
      • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at  info@finwill.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information, which we hold about you under the applicable law. A small fee will be payable. If you would like a copy of the information held on you please write to info@finwill.com

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

General

Client Responsibilities

The Client shall (and warrants that it is entitled to) provide Finwill promptly with accurate and complete information concerning its operations and activities relevant to the Service/Product as well as answers to queries, decisions and approvals required by Finwill in connection with the Service/Product.

The Client should take all reasonable precautions against any Hacker gaining access to their system, e-mails or web site. If such an attack is detected they are required to inform Finwill as soon as possible.

The Client hereby grants Finwill the right to name the Client and to display graphics and other web design elements as examples of their work in Finwill‘s portfolios but not any secured or password protected areas or information that is commercially sensitive or would be in contravention of any law.

Contact

The parties shall each designate a representative as the prime point of contact for matters relating to the Service. The representatives for the parties shall initially be those set out at the end of the Schedule, but either party may change its representative under this clause at any time by informing the other party, as a general change or for a specific instance.

Only the designated representative of the client should be allowed access to any passwords or security details.

Staff

Unless otherwise provided, Finwill shall not, and shall procure that its personnel shall not, act on behalf of or commit the Client with regard to third parties or hold itself out or permit itself to be held out as having any authority to do or say anything on behalf of or in the name of the Client. Finwill shall abstain from any statement or behavior, which might be misunderstood in this respect.

This agreement is not intended to and does not create or reflect a contact of services between any two parties referred to and there is no implied restraint upon the Representative or the Supplier in providing services, not in conflict with the Client’s interests, to any other party, nor does this agreement confer any obligation upon any party to provide or accept further work.

Finwill may make holiday arrangements with their Staff in accordance with their entitlement or require them to attend meetings or courses from time to time. When making any such arrangements, Finwill shall take all reasonable steps to minimize disruption.

Confidentiality

Finwill and the Client shall keep confidential the contents of the Contract and all information of the other party designated as confidential and obtained under or in connection with the Contract and shall not divulge the same to any third party without the prior written consent of the disclosing party.

The obligations of both parties as to disclosure and confidentiality shall continue in force notwithstanding the termination of this Contract for any reason whatsoever.

Delays

Finwill will use all reasonable endeavors to secure delivery and completion by any quoted dates, but all such dates are to be treated as estimates only.

All dates quoted by Finwill for delivery and completion of any stage of the service shall be extended by a reasonable period if the delay is caused by any act or omission of the Client, its servants or agents or any cause whatsoever beyond Finwill ‘s reasonable control.

Limit of Liability

All Finwill services are provided “as is,” and Finwill makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof.

Finwill will at all times endeavor to maintain an uninterrupted and error-free service. However Finwill make no representations or warranties regarding the services provided by them and do not warrant that use of Finwill services will be uninterrupted or error-free, that Finwill services will meet
any particular criteria of performance or quality, that defects will be corrected, or that this site or the server that makes such materials available are free of viruses or other harmful components.

Under no circumstances is Finwill, its program developers, or suppliers, liable to the Client for loss of profits, goodwill, revenue, production, anticipated savings, loss of contracts, losses consequent upon loss or corruption of data nor the cost of reconstituting data; or any type of indirect or consequential loss, damage, injury or expense; or defects in the Service due to:

      • Any act performed by a Hacker either to your or our systems, directly or in general
      • Any negligence, incompetence or act of sabotage, malicious or inadvertent, apart from by its own employees
      • The failure or interruption of the Service provided by an outside cause such as an internet service provider or any telecommunications or other utility provider
      • A third party’s good faith reliance on a hacker’s fraudulent use of your encrypted electronic signature, encrypted electronic certificate, email or website
      • Any failure caused by Finwill staff or equipment. Any such fault will be rectified as soon as possible

The Client agrees to indemnify and keep indemnified and hold Finwill, on demand, harmless from and against any claim brought against Finwill by a third party resulting from the provision of the Product/Service by Finwill to the Client, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Finwill in consequence of a breach by the Client or
non-observance of these terms and conditions.

Payment

Subject to the terms and conditions of the Agreement, the charge to the Client for the provision of the Service/Product will be a Fixed Price as set out in the Schedule to the Agreement. This will be reviewed yearly and any change notified in writing.
Any work required by the client, falling outside the scope of this agreement, will be quoted for under Finwill’s normal estimation procedure.
All prices are exclusive of Goods and Service Tax (“GST”), or any similar tax, which will be paid additionally by the Client.
All payments must be made promptly. If an amount remains overdue for 30 days after the invoice date, an additional 1% penalty will be added for each week of non-payment from the invoice date. In the case of any overdue amount, Finwill reserves the right to remove, cease or otherwise render useless any work already carried out until final payment is made. In case collection action proves necessary, the Client agrees to pay all fees and costs incurred by that process.

Termination

This Agreement shall terminate upon receiving one month’s written notice given by either party to the other. Either party may terminate this agreement immediately if the other becomes insolvent, or has a winding up order made against it, or passes a resolution to wind up, or enters into any arrangement
with its creditors, or passes a resolution to cease trading, or actually ceases trading, or shall be in material breach of any terms of the agreement without prejudice to any claim arising from any such action.
Finwill reserves the right to terminate this agreement immediately should its terms be breached. In the event of premature termination by the Client, Payments due under this Agreement will be made up to the date of termination plus one month’s average charge. This agreement will otherwise terminate upon the earlier of the Estimated End Date or the actual completion of the Project, and the Supplier will notify the Client as soon as is practical of the likely
date of completion and also upon actual completion.

Finwill shall be entitled to remove, cease or otherwise render useless any work already carried out until final payment is made. Once all payments have cleared:

      • Finwill agree to hold any data in a format agreed at the time with the Client for a period of 28 days and to allow the Client to collect it within that time. If it is not collected and no alternative agreement entered into with the Client for its collection, Finwill shall be entitled to delete all such data. Finwill shall further be entitled to post such notice as they think fit.
      • Finwill shall forthwith release any domain name to the Client or such other organization as the Client directs.

Force Majeure

Neither party shall be liable for any delay or failure to meet its obligations under this Agreement (other than a payment obligation) due to any cause outside its reasonable control, which it must notify to the other party as soon as possible.

Variation of Agreement

The provisions of this Agreement may be amended or supplemented only by means of a supplementary agreement signed by each of the parties or their duly authorized representatives.

This agreement is exclusively between the Client and Finwill and neither may sell, assign or transfer any duties, rights or interests created under this Agreement without the prior written consent of the other.

Governing Law

The parties shall endeavor to settle any dispute arising from this Agreement amicably, but in the event that this is not possible the matter in dispute shall be referred to the arbitration of a single arbitrator to be agreed between the parties or in default of agreement, to be nominated by the
Finwill. The arbitrator’s decision shall be final and binding on both parties.

This Agreement shall be construed in accordance with and governed by the law of India. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of Mumbai, India in respect of any dispute, suit, action or proceedings which may arise out of or in connection with this Agreement.

Severability

If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.

Consultancy

If Finwill staff works at the Client’s premises, the Client shall ensure that such Staff are provided withsuitable office accommodation and services.
Finwill warrants that the Representative assigned to this Project has the specialist contemporary technological skill and expertise to meet the Project requirements and that it will at its own expense ensure, by training or otherwise, that the Representative is skilled in relevant technological developments throughout the Contract Term.

The Representative will perform the Services as it thinks fit, using its own equipment where appropriate, and subject only to such legitimate instructions from the Client as enable the Representative to provide the Services.

Written records of the time spent on the Project will be kept on a daily bases and produced for inspection by the Client when requested.

Finwill may not assign this agreement but may substitute the Representative provided only that it has the prior written consent of the Client. In the case of a suitably qualified substitute the Supplier gives the same warranties to those for the original Representative.

If Finwill’s staff work at the Client’s premises, the Client shall ensure that such Staff are provided with suitable office accommodation and services.

Internet

Client Responsibilities

By signing the contract the client agrees to the design of any artwork as presented by Finwill and the charges as set out in attached schedule.

The Client agrees that it is their responsibility that the Service/product is only used for lawful purposes and that they:

  • Will not authorize or permit any other party to use the Service/Product in violation of any law or regulation.
  • Will not knowingly or recklessly post, link to or transmit: neither any material that is unlawful, threatening, abusive, harmful, malicious, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way nor any material containing a virus or other hostile computer program.
  • Will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction.
  • Will conform to the standards made available by Finwill from time to time and will not make excessive or wasteful use of the Server to the detriment of Finwill.
  • Warrant, undertake and agree to keep secure any identification, password and other confidential information and to notify Finwill of any known or suspected unauthorized use, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of any password information.

The Client agrees that it is solely responsible for complying with any laws that may be enacted from time to time and to pay any taxes or tariffs levied from time to time affecting Internet electronic commerce following completion of this Agreement and will indemnify Finwill in respect of the same.

Usage

All Finwill services are provided “as is,” and Finwill makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof.

Finwill will at all times endeavor to maintain an uninterrupted and error-free service. However Finwill make no representations or warranties regarding the services provided by them and do not warrant that use of Finwill services will be uninterrupted or error-free, that defects will be corrected,
or that this site or the server that makes such materials available are free of viruses or other harmful components.

In the event of termination:

  • Payments due will be made up to the date of termination plus any notice period required. No other payments will be due.
  • Finwill shall be entitled to close the website and to remove all data located on it. Finwill agree to hold such data in a format agreed at the time with the Client for a period of 28 days and to allow the Client to collect it within that time. If it is not collected and no alternative agreement entered into with the Client for its collection, Finwill shall be entitled to delete all such data. Finwill shall further be entitled to post such notice in respect of the non-availability of the Web Site, as they think fit.
  • Finwill shall forthwith release the domain name to the Client or such other organization as the Client directs.

Payment

All prices are exclusive of GST, or any similar tax, which will be paid additionally by the Client.

Subject to the Client being satisfied with the performance of Finwill under this Agreement the Client shall pay any sums due within 30 days. All payments should be made payable to Finwill.

All payments must be made promptly. If an amount remains overdue for 30 days after the invoice date, an additional 1% penalty will be added for each week of non-¬payment from the invoice date.

In the case of any overdue amount, Finwill reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection action proves necessary, the Client agrees to pay all fees and costs incurred by that process.

The Client agrees that it is solely responsible for complying with any laws that may be enacted from time to time and to pay any taxes or tariffs levied from time to time affecting Internet electronic commerce following completion of this Agreement and will indemnify Finwill in respect of the same.

Limitation of Liability

Finwill shall have no liability to the Client for loss of profits, goodwill, revenue, production, anticipated savings, loss of contracts, losses consequent upon loss or corruption of data nor the costof reconstituting data; or any type of indirect or consequential loss, damage, injury or expense; or defects in the Service due to:

  • Any act performed by a Hacker either to your web site or our systems, directly or in general
  • Any negligence, incompetence or act of sabotage, malicious or inadvertent, apart from by its own employees.
  • The failure or interruption of the service provided by an outside cause such as an internet service provider or any telecommunications or other utility provider
  • A third party’s good faith reliance on a hacker’s fraudulent use of your encrypted electronic signature, encrypted electronic certificate, email or website
  • Any failure caused by Finwill staff or equipment. Any such fault will be rectified as soon as possible.
  • The Client agrees to indemnify and keep indemnified and hold Finwill, on demand, harmless from and against any claim brought against Finwill by a third party resulting from the provision of Services by Finwill to the Client, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Finwill in consequence of a breach by the Client or non-observance of these terms and conditions.

Force Majeure

Neither party shall be liable for any delay or failure to meet its obligations under this Agreement (other than a payment obligation) due to any cause outside its reasonable control, which it must notify to the other party as soon as possible.

Variation of Agreement

The provisions of this Agreement may be amended or supplemented only by means of a supplementary agreement signed by each of the parties or their duly authorized representatives.
This agreement is personal between the Client and Finwill and neither may sell, assign or transfer any duties, rights or interests created under this Agreement without the prior written consent of the other

Governing Law

This Agreement shall be construed in accordance with and governed by the law of India. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of Mumbai, India in respect of any dispute, suit, action or proceedings, which may arise out of or in connection with this Agreement.

The parties shall endeavor to settle any dispute arising from this Agreement amicably, but in the event that this is not possible the matter in dispute shall be referred to the arbitration of a single arbitrator to be agreed between the parties or in default of agreement, to be nominated by the Finwill. The arbitrator’s decision shall be final and binding on both parties.

Severability

If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.

Products and Software

Authority

Finwill warrants that it has the authority to grant the License granted hereunder.

Proprietary Rights

The Licensee shall not acquire any title, copyright or other proprietary rights in the Products.

The Licensee shall not make any modifications, additions or enhancements to the Products without Finwill’s prior written consent.

Assignment

The License is personal to the Client and the Client may not assign or otherwise transfer its rights or obligations under this License without the prior written consent of Finwill.

Grant of Rights

Finwill hereby grants to the Client a non-exclusive and non-transferable License to use the Products on the terms and conditions stated herein and for the period specified within the Contract

Use

The Product may be used by any employee or other persons authorized by the Licensee for the purposes of the normal business of the Licensee’s organization. Excluding Consultancy or services leading to commercial exploitation of the Product;

Note: “commercial exploitation” is the use of the Product for monetary gain either by an institution or an individual. Where the Product is so used this must be a matter for written agreement between Finwill and the Licensee for an agreed fee.

Extent of Permitted Reproduction

Only the Licensee may make as many copies of the Product as are required to comply with data recovery strategies. Such copies shall remain the property of Finwill. The Licensee shall maintain a written record of each reproduction of the Product and shall produce such a record on request.

Maintenance

This Agreement includes all future updates and advances, which will be compliant with new software releases. Should support, either remotely or physically, become necessary for the Product this will be provided as soon as possible within ‘Normal Working Hours’; those being 9:00 to 17:00 Monday to Friday excluding Bank Holidays. All such matters should be notified to Finwill via Internet, telephone or in writing and a job number obtained.

Inspection Rights

Finwill may upon reasonable notice send a representative to the Site to verify compliance with the License.

Termination

Upon termination of this License the product must be uninstalled from all machines and any copies destroyed.

Copyright

This website and its content is copyright of Finwill – © Finwill 2019. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only.
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Legal Disclaimer

All data, information and examples provided by Finwill are for informational purposes only.

All information is provided on an as-is basis.

Finwill make no representations as to accuracy, completeness, correctness, suitability, or validity of any information provided.

Finwill will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its use.

Your use of any information/examples is entirely at your own risk.

Should the software/examples prove defective, you assume the entire cost of all service, repair or correction.