PubLive Mediatech Private Limited, existing under the laws of India, having its registered office at 3rd Floor, Plot No 60, G Block, South City 1, Gurgaon 122001. In this document referred to as “PubLive”.
Email id - support@thepublive.com
Phone - +91 7009018802
And (“Publisher”) All PubLive Clients, incorporated and existing under the laws of India. In this agreement referred to as “Publisher”
Each of the PubLive and Publisher is individually referred to as a “Party” and collectively as the “Parties”. PubLive and Publisher agree that the following terms and conditions will apply to the services provided under this document.
WHEREAS:
A. PubLive is a service provider engaged inter alia in the business of providing pre-coded web based digital software platform for website designing, development, hosting, online marketing, advertising, publishing and other allied services.
B. The Publisher is a digital content and media company incorporated under the laws of India and engaged in the business of publishing news on a web based digital platform.
C. The Publisher is desirous to engage the services of PubLive and PubLive has agreed to render its services to the Publisher on the terms specified below.
1. SAAS SERVICES
During the Subscription Term, Publisher will receive a non-exclusive, non-assignable, royalty free, right to access and use the SaaS Services detailed in Schedule A hereto solely for the internal business operations subject to the terms of this SaaS Agreement. Publisher acknowledges that this SaaS Agreement is a services agreement and PubLive will not be delivering copies of the Software to Publisher as part of the SaaS Services.
2. RESTRICTIONS
Subject to the limited licenses granted herein, PubLive shall own all right, title and interest in and to the Software, services, and other deliverables provided under this SaaS Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein.
3. PUBLISHER RESPONSIBILITIES
3.1 Assistance Publisher shall provide commercially reasonable information and assistance to PubLive to enable PubLive to deliver the SaaS Services. Upon request from PubLive, Publisher shall promptly deliver Publisher Content to PubLive in an electronic file format specified and accessible by PubLive. Publisher acknowledges that PubLive’s ability to deliver the SaaS Services in the manner provided in this SaaS Agreement may depend upon the accuracy and timeliness of such information and assistance.
3.2 Compliance with Laws Publisher shall comply with all applicable local, state, national and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Publisher acknowledges that PubLive exercises no control over the content of the information transmitted by Publisher through the SaaS Services. Publisher shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
3.3 Administrator Access Publisher shall be solely responsible for the acts and omissions of its Administrator Users. PubLive shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users.
3.4 Publisher Input Publisher is solely responsible for collecting, inputting and updating all Publisher Content stored on the Host, and for ensuring that the Publisher Content does not (i) include anything that actually or potentially infringes or misappropriate use of the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious.
3.5 License from Publisher Subject to the terms and conditions of this SaaS Agreement, Publisher shall grant to PubLive a limited, non-exclusive and non-transferable license, to copy, store, configure, perform, display and transmit Publisher Content solely as necessary to provide the SaaS Services to Publisher.
3.6 Ownership Publisher retains ownership and intellectual property rights in and to its Publisher Content. PubLive or its licensors retain all ownership and intellectual property rights to the services, Software programs, and anything developed and delivered under this SaaS Agreement.
3.7 Rights to monetise Publisher assigns to PubLive all the rights to monetise the website programmatically or otherwise including but not limited to display native video and affiliate advertising.
4. PAYMENT AND TAXES
4.1 Consideration In consideration of the SaaS Services to be provided by PubLive to the Publisher and performance of the terms and conditions contained in this SaaS Agreement, both the Parties have mutually agreed upon the financial considerations detailed in Schedule B. Except as expressly provided otherwise, all fees are non-refundable. All fees are stated in Indian Rupees, and must be paid by Publisher to PubLive in Indian Rupees.
4.2 Taxes PubLive shall bill Publisher for applicable taxes as a separate line item on each invoice. Publisher shall be responsible for payment of all goods and service tax (GST), or similar charges relating to Publisher’s purchase and use of the services. Publisher shall not be liable for taxes based on PubLive’s net income or capital.