1. Acceptance of Terms

These Terms constitute a legally binding agreement between Doit Bharat Pvt. Ltd., an Indian company (hereinafter "Company", "we", "us", or "our"), and you, the customer or entity engaging with our services (hereinafter "Customer", "you", or "your"). These Terms apply to all industrial compressed air solutions, including but not limited to equipment sales and leasing, installation, maintenance, software, performance monitoring, technical support, and consulting services (collectively, the "Services").

By accessing, ordering, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any amendments thereto. If you do not agree with all of these Terms, you must not access or use our Services.

These Terms expressly incorporate by reference our Privacy Policy, and any Service Agreement, Purchase Order, or specific operational guidelines provided by us. In the event of a conflict between these Terms and a specific Service Agreement signed by both parties, the terms of the Service Agreement shall prevail for that specific engagement.

2. Services Overview

Doit Bharat provides a comprehensive suite of industrial compressed air solutions, which may include:

• Consultation, design, supply, installation, and commissioning of compressed air systems and related equipment.
• Sales and leasing of new and refurbished air compressors, dryers, filters, piping, and ancillary equipment.
• Preventive, predictive, and corrective maintenance services.
• Remote and on-site system performance monitoring, audits, and optimization services.
• Proprietary and third-party software solutions for air system management and analytics.
• Technical support, training, and specialized consulting.

The precise scope, specifications, deliverables, and fees for Services provided to you will be further detailed in a separate Service Agreement, Purchase Order, or formal quotation, which becomes part of these Terms upon acceptance.

3. Account Registration and Use

Certain Services, particularly software platforms or monitoring portals, may require account registration. If you register for an account, you agree to:

• Provide true, accurate, current, and complete information as prompted by the registration form.
• Maintain and promptly update your registration data to keep it true, accurate, current, and complete.
• Maintain the confidentiality and security of your account password and any other access credentials.
• Accept full responsibility for all activities that occur under your account, whether authorized by you or not.
• Notify us immediately in writing of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend, terminate, or restrict your access to your account or the Services if we reasonably believe that you have violated these Terms, or if your account activity poses a security risk or operational threat to us or other users.

4. Customer Obligations and Responsibilities

To enable us to provide the Services effectively and safely, you agree to:

• Provide timely and accurate information and documentation as reasonably requested by us.
• Ensure that your facility and equipment sites are safe, accessible, and prepared for any installation, maintenance, or service work as per our pre-service guidelines.
• Operate and maintain all equipment (whether purchased, leased, or serviced by us) in accordance with the manufacturer's specifications, applicable operating manuals, our recommendations, and relevant industry best practices.
• Comply with all applicable local, state, national, and international laws, regulations, and safety standards related to the installation, operation, and maintenance of the equipment at your premises.
• Obtain and maintain all necessary licenses, permits, and consents required for the installation and operation of the equipment.
• Not misuse, modify, or tamper with the equipment or software in any way that could compromise its safety, performance, or warranty, unless expressly authorized by us in writing.

5. Equipment Sales, Leasing, and Warranties

5.1 Purchases

Terms applicable to equipment purchases:

• All prices quoted are indicative and subject to final confirmation in a Purchase Order or Service Agreement. Prices may change without prior notice until an order is confirmed.
• Unless otherwise agreed in writing (e.g., specific Incoterms for international shipments), title to purchased equipment and risk of loss or damage passes to you upon delivery to your specified location or to the carrier.
• Payment terms are typically Net 30 days from the date of invoice, unless otherwise stipulated in the Service Agreement.
• Late payments may be subject to interest charges at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower, on the outstanding overdue amount.

5.2 Leasing

Equipment leases are governed by a separate Lease Agreement, which will detail specific terms including, but not limited to:

• Lease term, payment schedule, and any applicable security deposits.
• Responsibilities for routine maintenance, insurance, and operational costs.
• Conditions for early termination, renewal, or purchase options.
• Requirements for returning the equipment in good working order, subject to normal wear and tear.

5.3 Equipment Warranties

Standard manufacturer warranties or Company-provided warranties apply as specified in your Service Agreement or equipment documentation. General warranty provisions are:

Warranty Exclusions: Warranties typically DO NOT COVER damage or failure resulting from: (a) normal wear and tear; (b) misuse, abuse, neglect, accident, or improper installation/application; (c) failure to perform recommended routine maintenance; (d) use of non-genuine, unauthorized, or unsuitable parts or consumables; (e) unauthorized modifications or repairs; (f) external causes such as power surges, environmental conditions, or acts of God.

Warranty claims must be submitted in accordance with the procedure outlined by us or the manufacturer. Our sole obligation under warranty shall be, at our option, to repair or replace the defective product or part.

6. Service and Maintenance Terms

For maintenance, repair, and other field services:

• Service levels, response times, and scope of work will be defined in your specific Service Agreement or maintenance contract.
• Scheduled preventive maintenance will be performed during normal business hours unless otherwise agreed. Emergency or after-hours services may be available at premium rates.
• You are responsible for providing our personnel with safe and unobstructed access to all equipment requiring service.
• Costs for replacement parts, consumables, and labor outside of warranty coverage or not included in a fixed-price maintenance contract will be invoiced separately.
• We warrant our service workmanship for a period of 90 days from the date of service completion, covering only the specific work performed.

7. Payment Terms

Unless alternative terms are explicitly stated in a signed Service Agreement or Purchase Order:

• Invoices are due and payable within thirty (30) days from the date of the invoice.
• For ongoing or recurring Services (e.g., monitoring, maintenance contracts), billing will typically occur monthly or quarterly in advance.
• For significant equipment purchases or projects, a deposit (e.g., 30-50%) may be required with the order, with further milestone payments as agreed.
• All payments shall be made in the currency specified on the invoice (e.g., INR for domestic, USD/EUR for international, as agreed). Customer is responsible for any bank charges or currency conversion fees associated with their payment.
• We reserve the right to suspend or terminate Services, or withhold future deliveries, for accounts with undisputed overdue payments.
• All prices quoted are exclusive of Goods and Services Tax (GST), Value Added Tax (VAT), sales taxes, customs duties, withholding taxes, and any other applicable taxes, levies, or charges, which shall be the responsibility of the Customer unless explicitly stated otherwise.

8. Intellectual Property Rights

All intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other proprietary rights in and to our Services (including our website, software, designs, technical documentation, methodologies, and any improvements or derivative works thereof) are and will remain the exclusive property of Doit Bharat Pvt. Ltd. or its licensors.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services (particularly any software provided) solely for your internal business operations and strictly in accordance with these Terms and any applicable Service Agreement or software EULA. This license terminates upon the termination of your Services.

You agree not to (and not to permit any third party to):

• Copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software or proprietary technology provided as part of the Services.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any features or functionality of the software to any third party for any reason.
• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services.
• Use our intellectual property for any competitive analysis, benchmarking, or to build a competitive product or service.

Any feedback, suggestions, or ideas you provide to us regarding the Services ("Feedback") will be owned by us, and you hereby assign all rights in such Feedback to us without any compensation to you.

9. Confidentiality

Each party (as "Disclosing Party" and "Receiving Party") agrees to protect the other's Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own confidential information of a similar nature, and in any event with at least a reasonable degree of care.

"Confidential Information" includes all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, without limitation, business and marketing plans, technology and technical information, product plans and designs, and business processes.

The Receiving Party will not disclose Confidential Information to any third party except as permitted by these Terms or with the Disclosing Party's prior written consent, and will use Confidential Information only for the purpose of fulfilling its obligations or exercising its rights under these Terms. This obligation of confidentiality shall survive the termination of these Terms for a period of five (5) years, or indefinitely for trade secrets.

These confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure; (c) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

10. Data Usage and System Performance

In providing our Services, particularly performance monitoring and software-based solutions, we may collect and process operational data from your equipment and systems. This data is handled in accordance with our Privacy Policy.

You acknowledge that such data may be used by us to: (a) provide, maintain, and improve the Services; (b) diagnose and resolve technical issues; (c) generate anonymized and aggregated statistical data for research, development, and industry benchmarking purposes; and (d) provide you with insights and recommendations for system optimization.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOIT BHARAT PVT. LTD., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

We shall not be liable for any damages, losses, or business interruption resulting from equipment downtime, production losses, or failures caused by factors beyond our reasonable control, or due to your failure to adhere to operational guidelines or maintenance recommendations.

These limitations of liability do not apply to liability arising from our gross negligence, willful misconduct, fraudulent misrepresentation, or for death or personal injury caused by our negligence, to the extent such exclusion is prohibited by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Doit Bharat Pvt. Ltd., its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of our Services in a manner not authorized by these Terms.
• Your breach or violation of any of these Terms, including any representations or warranties.
• Your violation of any applicable laws, regulations, or third-party rights.
• Your negligence, willful misconduct, or any act or omission by you or your employees/agents in relation to the Services or equipment.
• Any content or data you provide or make available through the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Termination

These Terms remain in effect while you use our Services. Specific Service Agreements may have defined terms.

Either party may terminate a Service Agreement or these Terms under the following conditions:

• For Material Breach: If the other party commits a material breach of these Terms or a Service Agreement and fails to cure such breach within thirty (30) days of receiving written notice specifying the breach.
• For Convenience (if permitted by Service Agreement): As per the terms specified in the individual Service Agreement, which may include a notice period (e.g., 60-90 days) and potential early termination fees.
• For Insolvency: Immediately by written notice if the other party becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or ceases to conduct business in the ordinary course.
• For Violation of Law: Immediately if continued provision or use of Services would violate applicable law.

Upon termination or expiration:

• Your right to access and use the Services (including any software licenses) will immediately cease.
• You must promptly return any leased equipment in accordance with the lease agreement terms.
• All outstanding payments owed to us become immediately due and payable.
• Provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property, confidentiality, limitation of liability, indemnification, and governing law) shall survive.

14. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provision or rule.

The parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through good faith negotiations for a period of at least thirty (30) days from the date of written notice of the dispute.

If the dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai, Maharashtra, India.

Alternatively, and at our sole discretion, any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, may be referred to and finally resolved by arbitration administered in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 (India) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one. The language of the arbitration shall be English.

15. General Provisions

• Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations hereunder (except for payment obligations) if such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
• Assignment: You may not assign, transfer, or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.
• No Waiver: Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
• Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
• Entire Agreement: These Terms, together with our Privacy Policy, any applicable Service Agreement, Purchase Order, and any other documents expressly incorporated by reference, constitute the sole and entire agreement between you and Doit Bharat Pvt. Ltd. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
• Amendments: We reserve the right to modify or update these Terms from time to time in our sole discretion. If we make material changes, we will provide notice through our website, by email, or other appropriate communication channels before the changes take effect. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. The "Last updated" date at the top indicates when these Terms were last revised.
• Notices: All notices, requests, consents, claims, demands, waivers, and other communications hereunder must be in writing and addressed to the parties at the addresses set forth in the relevant Service Agreement or as otherwise designated by a party in writing. Notices sent by email will be deemed received on the business day after transmission if confirmed.
• Relationship of the Parties: The parties are independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
• Export Controls: You agree to comply with all applicable export and re-export control laws and regulations, including those of India and other applicable jurisdictions, in your use of any equipment or software provided under these Terms.