Whizible | Standard Commercial Terms Sheet

Whizible – Standard Commercial Terms Sheet

Effective Date: April 1, 2025

Applies to: All proposals, quotes, and contracts unless explicitly superseded by a signed agreement.

1. SCOPE

These Standard Commercial Terms govern all commercial engagements including licensing (subscription or perpetual), consulting, and development services offered by Whizible to its customers and prospects.

2. LICENSING TERMS

A. Subscription License

License Type: Non-exclusive, non-transferable, limited-term license to use Whizible modules.
License Fees: Payable annually in advance as per proposal.
License Period: Typically, three years unless otherwise agreed.
Renewal: Auto-renewal unless notice is given 30 days prior to term end.
Usage Limits: Subject to agreed number of users or transactions.
SaaS Hosting: Provided by Whizible on a secure cloud environment.
Support & Maintenance: Included during active subscription.

B. Perpetual License

License Type: Perpetual, non-exclusive, non-transferable right to use Whizible modules.
License Fees: One-time license fee, payable 100% upfront.
Annual AMC: 20% of license fee payable annually for support and upgrades.
Deployment: On-premise or customer’s private cloud, as per agreement. All hardware and software licenses own and paid by customer.
Support & Maintenance: Only available with active AMC.

3. CONSULTING & DEVELOPMENT SERVICES

A. Customization & Development

Pricing Basis: Time & Material (T&M) or Fixed Price as quoted.
Resource Rates: Based on skill type, experience level, and geography.
Payment Milestones: For fixed-price projects, milestone-based payments apply.
Scope Creep: Additional requirements will be quoted and billed separately.
Change Requests: Handled via formal Change Control process.

B. Implementation & Onboarding

Methodology: Standard onboarding costs included in proposal.
Travel & Expenses: Extra, on actuals unless otherwise stated.
Timelines: Subject to mutual dependencies and sign-offs.

C. Training & Knowledge Transfer

Mode: Remote or on-site as agreed.
Charges: May be included or charged extra per session/day.

4. PAYMENT TERMS

Invoicing: Based on the schedule in the proposal or SoW.
Payment Due Date: Upon Invoicing or Net 15 days from invoice date unless agreed otherwise.
Late Payments: Subject to interest @1.5% per month or max allowed by law.
Currency: INR for India, USD or EUR for international customers.

5. TAXES & DUTIES

Taxes: All taxes (GST, VAT, etc.) are extra as applicable.
Withholding Taxes: To be borne and deposited by the customer, if applicable.

6. INTELLECTUAL PROPERTY

Ownership: Whizible retains all IP rights. Customizations do not confer IP unless expressly agreed.
License Restrictions: No resale, redistribution, or reverse engineering permitted.

7. TERMINATION

Subscription: Can be terminated with 30 days written notice (no refunds for mid-term exit).
For Cause: Either party may terminate for material breach with 30 days cure period.
Effect: Access to software and services will cease upon termination.

8. LIABILITY

Limitation: Whizible’s liability is limited to the proportional amount paid in the preceding 3 months.
No Consequential Damages: Neither party shall be liable for indirect or consequential damages.

9. GOVERNING LAW

Jurisdiction: Pune, Maharashtra, India (or otherwise mutually agreed in signed contract).
Dispute Resolution: Best efforts to resolve amicably; otherwise, arbitration per Indian Arbitration Act.

10. GENERAL

Confidentiality: Applies to all shared business and technical information.
Force Majeure: Neither party liable for delays due to unforeseen circumstances.
Amendments: Any changes to these terms must be in writing and signed by authorized representatives.
Validity : All proposals are valid for one month from the date of submission or transmission by electronic means.

🔖 Important Note

All quotations, proposals, and commercial discussions issued by Whizible are subject to these Standard Commercial Terms unless specifically overridden in a mutually signed agreement.

All proposals, quotations, commitments that have commercial or financial impact expire at the end of the financial year.