top of page
Company Policies


Privacy Policy

At PremiumCAD (including its subsidiaries or affiliated companies, henceforth also referred as ‘PremiumCAD’, ‘we’ or the ‘Company’), we understand that you are trusting us with confidential information, and we believe that you have a right to know our practices regarding the information we may collect and use when you use our service or interact with us in any manner. PremiumCAD is a cloud-based web platform that enables organizations to manage their design specific requirements in the Solar industry. PremiumCAD Mobile Apps are also part of the same offering. In addition, PremiumCAD also operates website. A User may be either an entity, for example an employer which has executed an agreement with PremiumCAD or with PremiumCAD’s resellers or distributors who provide PremiumCAD’s services (“Customer“) or a Customer’s users for example a Customer’s employees, of the Services or users of the Website (“End User(s)“) (Customer and End User shall collectively be referred to as “Users” or “you“). This Privacy Policy describes the policies and procedures of PremiumCAD on the collection, use, access, correction, and disclosure of your personal information on (the “Site”) or any of its subdomains and our Mobile Apps. Your personal information will include any information which, either alone or with other data, is reasonably available to Us and relates to you (“Personal Information”). This Privacy Policy also covers any of your Personal Information which is provided to us, and which is used in connection with the marketing of the services, features or content We offer (the “Services”) to Our Clients and/or the support that We may give you in connection with the provision of our Services and the Mobile Apps. This Privacy Policy does not apply to any third-party applications or software that can be accessed from the Site, the Services or the Mobile Apps, such as external applicant tracking systems, social media websites or partner websites (“Third Party Services”). By using our Services, you acknowledge you have read and understood this privacy policy. For the purposes of GDPR or European Economic Area data protection law, (the “Data Protection Law“), the data controller of the data processed through the Service is the Customer who makes available and permits End Users to access and use the Service or anyone on its behalf. For data retained through the website or data processed not through the Service (i.e. contact details of potential customers for the purpose of engagement with PremiumCAD), PremiumCAD is the controller (the “Controller”).


Information we collect and how we use it.

Non-personal Information

The first type of Data is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from which we have collected Non- Personal Information. Non-Personal Information is any unconcealed information which is available to us while Users are using the Service or the Website. Non-personal Information which is being gathered consists of technical information and behavioural information and which may include, the User’s Internet protocol (IP) address used to connect your computer to the Internet, your uniform resource locators (URL), operating system, type of browser, browser plug-in types and versions, screen resolution, Flash version, time zone setting, the User’s ‘click-stream’ on the Website and Services, the period of time the User visited a specific page on the Website or Service, methods used to browse away from a page.


Personal Information

We generally collect and process the following types of Personal Information:

Personal Information which is being gathered through the Service consists of any personal details provided consciously and voluntarily by a Customer (Employer), End User or the Customer’s administrator or through your use of the PremiumCAD platform. This may include your name (first and last), nickname, phone number(s), address, country, city, postcode, your bank account details (bank name, account number, branch address), status in the system and in the workplace, IP address and other unique identifiers, information the Customer chooses to collect and other information User may choose to provide to PremiumCAD and to its employee.


Location Information We do not ask you for, access, or track any location-based information from your mobile device at any time while downloading or using the Mobile Apps. However, if you are using the PremiumCAD Mobile App, your employer may enable location tracking technology for address fetching purposes.


Contact Information When you express an interest in obtaining additional information about the Services, the Site, or Mobile Apps, PremiumCAD may ask you to provide your personal contact information, such as your name, email address, and phone number. This information is used to communicate with you by responding to your requests, comments and questions. The GDPR legal basis for processing this information is the legitimate interest in communicating with you and answering your questions.


Device Information When using the Mobile Apps, We may request access to your device’s camera and photo storage. This allows you to take and upload pictures and such access would only be used in ways you choose. You may at any time revoke access at the device level. We do not access your device’s camera and photo storage without your permission. We use mobile analytics software to allow Us to better understand the functionality of Our Mobile Apps on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information We store within the analytics software to any Personal Information you submit within the Mobile Apps. When you download and use the Mobile Apps, We automatically collect your device information such as operating system version, type, hardware usage statistics, etc. The GDPR legal basis for processing this information is the contractual obligation to your employer to perform the Services.


Data Collected as a Service Provider, PremiumCAD systems only collects information as per the Customer (employer’s) requirement. Our Master Subscription Agreement governs the delivery, access, and use of the Services and Mobile Apps, including the processing of Personal Information and data submitted through Services accounts. The Customer (e.g., your employer) controls their Platform and any associated client data. If you have any questions about specific Platform settings, the processing of Personal Information in the Platform, or its privacy practices, please contact the Customer administrator of the Platform you use. Customer data will be used by PremiumCAD in accordance with the Customer’s instructions, applicable terms in the Master Subscription Agreement, Customer’s use of Services functionality, and as required by applicable law. Under applicable GDPR, PremiumCAD is a processor of Customer data and Customer is the controller.


Sharing of your Information

Third Party Services

At times, you may be able to access other Third-Party Services through the Site, for example by clicking on links to those Third-Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third-Party Services, and you are responsible for reading and understanding those Third-Party Services’ privacy policies.

Information Shared with Our Service Providers.

We may share your information with third parties who provide services to Us. These third parties are authorized to use your Personal Information only as necessary to provide these services to Us. These services may include the provision of (i) email services to send marketing communications, (ii) mapping services, (iii) customer service or support, and (iv) providing cloud computing infrastructure.

Information Shared with Our Sub-Processors

We employ and contract with people and other entities that perform certain tasks on Our behalf and who are under Our control such as an email service provider to send emails on Our behalf, mapping service providers, and customer support providers Our “Sub-Processors”). We may need to share Personal Information with Our Sub-Processors in order to provide Services to you. Unless We tell you differently, Our Sub-Processors do not have any right to use Personal Information or other information We share with them beyond what is necessary to assist Us.

Information Shared with Our Sub-Processors

We employ and contract with people and other entities that perform certain tasks on Our behalf and who are under Our control such as an email service provider to send emails on Our behalf, mapping service providers, and customer support providers Our “Sub-Processors”). We may need to share Personal Information with Our Sub-Processors in order to provide Services to you. Unless We tell you differently, Our Sub-Processors do not have any right to use Personal Information or other information We share with them beyond what is necessary to assist Us. Transfers to subsequent third parties are covered by onward transfer agreements between PremiumCAD and each Sub-Processor.

Information Disclosed Pursuant to Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if We, or substantially all of Our assets, were acquired, or if We go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Us or Our assets may continue to use your Personal Information as set forth in this Privacy Policy. You will be notified via email and/or a prominent notice on Our Site of any change in the legal owner or uses of your Personal Information, as Well as any choices you may have regarding your Personal Information.

Information Disclosed for Our Protection and the Protection of Others

In certain situations, We may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (ii) enforce this Privacy Policy, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect Our rights, property, or safety. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. We require all third parties to respect the security of your Personal Information and to treat it in accordance with applicable laws. We do not allow third party service providers and Sub-Processors We share your Personal Information with to use it for their own purposes and only permit them to process your Personal Information for specific purposes in accordance with Our instructions. Except as set forth above, you will be notified when your Personal Information is shared with third parties, and will be able to prevent the sharing of this information. Unless We otherwise have your consent, We will only share your Personal Information in the ways that are described in this Privacy Policy.

Data Retention

Any Customer may request information regarding the storage and retention of data (“Audit”) by contacting us. PremiumCAD shall make reasonable efforts to respond to the Audit in a reasonable time and subject to applicable law and to the protection of PremiumCAD’s trade secrets (Customer’s personnel may be required to execute non-disclosure agreements).


PremiumCAD will retain data it processes on behalf of its customers only for as long as required to provide the Service to its Customers and as necessary to comply with its legal obligations, resolve disputes and enforce its agreements. The data in PremiumCAD is backed up for system continuity purposes and each backup file may be stored for 90 days.


Each User must keep the appropriate backup of its data. PremiumCAD shall not be responsible for any deletion of data or for any breach to database or for any erroneous data unless otherwise agreed with its Customer.


After a termination of services by a customer, an automated process will begin that permanently deletes the data in 30 days. Once begun, this process cannot be reversed, and data will be permanently deleted. Some data will not be deleted and shall be kept in an anonymized manner.


PremiumCAD collects and retains metadata and statistical information concerning the use of the Service which are not subject to the deletion procedures in this policy and may be retained by PremiumCAD for no more than required to conduct its business. Some data may be retained also on our third-party service providers’ servers in accordance with their retention policies. You will not be identifiable from this retained metadata or statistical information.


Customers may retain Personal Information and other Data about an End User which the Controller owns and the End User may have no access to. If you have any questions about the right of the Customer to retain and process your Personal Information you should raise this directly with the Customer. You hereby agree not to assert any claim against PremiumCAD in this regard and waive any rights regarding such Data and Personal Information including the right to view and control such Data and Information.


Please note that some data will not be deleted and shall be kept in an anonymized manner. Some metadata and statistical information concerning the use of the Service are not subject to the deletion procedures in this policy and may be retained by PremiumCAD. We will not be able to identify you from this data. Some data may also be retained on our third-party service providers’ servers until deleted in accordance with their privacy policy and their retention policy.


Anonymized aggregated data may be retained by PremiumCAD for as long it is required to provide its services. Contracts and billing information may be retained as required by PremiumCAD but at least 5 years from termination or expiration of the relationship with the applicable Customer or party.

Where do we store your Data?

The Data we collect is hosted on the Azure Cloud in Singapore and US West data centres which provides advanced security features and is compliant with ISO 27001 standard. PremiumCAD headquarter is based in India from where we provide customer support services, but no customer data is stored, except for customer call data.


Therefore, in providing your Personal Information to PremiumCAD, your Personal Information will be sent to Singapore, US and India (or otherwise outside of the European Union), where the local applicable law may provide you with less protection than under European Union law. However, any transfer of Personal Information from the European Union to these other locations will be strictly in accordance with applicable European Union data protection law.


Where your Data is transferred outside of the EEA, we will take all steps reasonably necessary to ensure that your Data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.


Security and storage of information

We take great care in implementing, enforcing and maintaining the security of the Service, and our Users’ Personal Information. PremiumCAD implements, enforces and maintains security policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of personal data and monitor compliance of such policies on an ongoing basis. PremiumCAD is certified under the ISO 27001:2013.


The Personal Information is hosted on the Amazon Web Services in US East and US West which provides advanced security features and is compliant with ISO 27001 standard, among other certifications, as listed here: All Personal Information is stored with logical separation from information of other customers. However, we do not guarantee that unauthorized access will never occur.


PremiumCAD limits access to personal data to those of its personnel who: (i) require access in order for PremiumCAD to fulfil its obligations under this Privacy Policy and agreements executed with PremiumCAD and (ii) have been appropriately and periodically trained on the requirements applicable to the processing, care and handling of the Personal Information (iii) are under confidentiality obligations as required under applicable law. PremiumCAD takes steps to ensure that its staff who have access to personal data are honest, reliable, competent and periodically properly trained.


PremiumCAD shall act in accordance with its policies to promptly notify Customer in the event that any personal data processed by PremiumCAD on behalf of Customer is lost, stolen, or where there has been any unauthorized access to it subject to applicable law and instructions from any agency or authority. Furthermore, PremiumCAD undertakes to co-operate with Customer in investigating and remedying any such security breach. In any security breach involves Personal Information, PremiumCAD shall promptly take remedial measures, including without limitation, reasonable measures to restore the security of the Personal Information and limit unauthorized or illegal dissemination of the Personal Information or any part thereof.


PremiumCAD maintains documentation regarding compliance with the requirements of the law, including without limitation documentation of any known breaches and holds reasonable insurance policies in connection with data security.


The Service may, from time to time, contain links to external sites. We are not responsible for the operation, privacy policies or the content of such sites.

Your Rights associated with your information.

If we are storing your personal information, you have the following rights to your information based on the services and your region.


In the event that you have provided Personal Information to Us on our website, we will provide you with information about whether we hold any of your Personal Information. You may access, correct, or request deletion of your personal Information by contacting us at We will respond to your request within a reasonable timeframe.


If located in the European Economic Area (“EEA”), you have the following rights regarding your Personal Information where we directly collected from you and that we control. (This does not apply to data collected by our customer organizations):

Right of Access

You can request details of your Personal Information We hold. We will confirm whether We are processing your Personal Information and We will disclose additional information including the types of Personal Information, the sources it originated from, the purpose and legal basis for the processing, the expected retention period and the safeguards regarding data transfers to non-EEA countries, subject to the limitations set out in applicable laws and regulations. We will provide you free of charge with a copy of your Personal Information, but We may charge you a fee to cover Our administrative costs if you request further copies of the same information.

Right of correction

At your request, we will correct incomplete or inaccurate parts of your Personal Information, although We may need to verify the accuracy of the new information you provide us.

Right to be forgotten

At your request, We will delete your Personal Information if: it is no longer necessary for Us to retain your Personal Information; you withdraw the consent which formed the legal basis for the processing of your Personal Information; you object to the processing of your Personal Information (see below) and there are no overriding legitimate grounds for such processing; the Personal Information was processed illegally; the Personal Information must be deleted for Us to comply with Our legal obligations. We will decline your request for deletion if processing of your Personal Information is necessary: 1. for Us to comply with Our legal obligations; 2. for the establishment, exercise or defence of legal claims; or 3. for the performance of a task in the public interest.

Right to restrict processing

At your request, We will restrict the processing of your Personal Information if: you dispute the accuracy of your Personal Information; your Personal Information was processed illegally and you request a limitation on processing rather than the deletion of your Personal Information;

We no longer need to process your Personal Information, but you need your Personal Information in connection with the establishment, exercise or defense of a legal claim;

oryou object to the processing of your Personal Information (see below) pending verification as to whether an overriding legitimate ground for such processing exists.

We may continue to store your Personal Information to the extent required to ensure that your request to restrict processing is respected in the future. 

Right to data portability

At your request, we will provide you free of charge with your Personal Information in a structured, commonly used and machine-readable format, if:

you provided Us with your Personal Information.

the processing of your Personal Information is required for the performance of a contract or the processing is carried out by automated means.

Right to object

Where We rely on Our legitimate interests (or that of a third party) to process your Personal Information, you have the right to object to this processing on grounds relating to your particular situation if you feel it impacts on your fundamental rights and freedoms. We will comply with your request unless We have compelling legitimate grounds for the processing which override your rights and freedoms, or where the processing is in connection with the establishment, exercise or defense of legal claims. We will always comply with your objection to processing your Personal Information for direct marketing purposes.

Right not to be subject to decisions based solely on automated processing.

You will not be subject to decisions with a legal or similarly significant effect (including profiling) that are based solely on the automated processing of your Personal Information, unless you have given Us your explicit consent or where they are necessary for the performance of a contract with Us.

Right to withdraw consent

You have the right to withdraw any consent you may have previously given Us at any time. In order to exercise your rights in this section We may ask you for certain identifying information to ensure the security of your Personal Information. To request to exercise any of the above rights, please contact Us at We will respond to your request within 30 days or provide you with reasons for the delay.

Usually, we will not charge you any fees in connection with the exercise of your rights. If your request is manifestly unfounded or excessive, for example, because of its repetitive character, We may charge a reasonable fee, taking into account the administrative costs of dealing with your request. If We refuse your request, We will notify you of the relevant reasons.

Changes to the privacy policy

The terms of this Privacy Policy will govern the use of the Service and any information collected in connection therewith, however, PremiumCAD may amend or update this Privacy Policy from time to time. The most current version of this Privacy Policy will always be posted at: Unless otherwise agreed with the Customer, we will endeavour to provide notice of material changes to this policy on the homepage of the website and (if applicable) via an e-mail. Such material changes will take effect seven (7) days after such notice was provided on our website or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of Services will constitute your active acceptance of, and agreement to be bound by, the changes to the Privacy Policy.


If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email or otherwise contact us at and we will make an effort to reply within a reasonable timeframe, and not over 30 business days.


Last Revised: February 24, 2024

Terms & Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and PremiumCAD Solar LLP (“PremiumCAD Solar LLP”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and PremiumCAD, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Table of contents
  1. Links to other resources

  2. Prohibited uses

  3. Dispute resolution

  4. Changes and amendments

  5. Acceptance of these terms

  6. Contacting us

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Uttar Pradesh, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Uttar Pradesh, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. 

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

This document was last updated on February 23, 2024

Online Service Agreement

This PremiumCAD Online Service Agreement (hereinafter referred to as “Agreement”), effective as of the date acceptance of this agreement, is entered between the entity you represent, or, if you do not designate an entity in connection with the Subscription purchase or renewal, you individually (“Customer”, “you” or “your”) and PremiumCAD, a company incorporated in India under the Companies Act 1956, bearing LLP Identification Number: ACC-4962, having its principal place of business at I30, Sector 10, Near Navjeevan Public School, Faridabad - 121004,Haryana, India, hereinafter referred to as “PremiumCAD”, “us”, “we” or “our” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns).

PremiumCAD and the Customer are hereinafter individually referred to as a “Party” and collectively as the “Parties”.


Whereas, PremiumCAD provides a subscription to it’s Service, Customer desires to subscribe to the Service, and this business relationship and the allocation of responsibilities regarding such Service are set forth in this Agreement. Therefore, the parties agree as follows:



A. Affiliates – This refers to individuals, organizations related to the organization in context (either PremiumCAD or the Customer) by a relationship of agency, consultant, parent entity, subsidiary, sister concern (defined as an entity having the same parent entity as itself), partner, or any other strategic business relationship.


B. Authorized Party (Parties) – This refers to the person(s) authorized by the Customer to manage, oversee, administrate HR operations using PremiumCAD’s Service. Such persons’ details must be captured in PremiumCAD’s software.


C. Confidential Information – This refers to Customer Data, Customer Transaction Data, and any other information identified as Confidential and disclosed by Customer in tangible (written, reports) or intangible form (verbally or visually).


D. Customer Data – This refers to all the data uploaded by the Customer into PremiumCAD’s Service.


E. Customer Success Team – This refers to the team from PremiumCAD responsible for advising, assisting Customer’s usage of PremiumCAD’s Service and resolving any queries they may have during such usage.


F. Customer Transaction Data – This refers to the transactions conducted by the Customer using PremiumCAD’s


G. Documentation – This refers to the documentation provided by PremiumCAD for the specific purpose of learning to use PremiumCAD’s Service.


H. Intellectual Property Rights – This refers to trademarks, trade secrets, patents, copyrights on copyrightable works including code, logos, designs, ideas, content among others.


I. Malicious Code – This refers to any code that attempts to or does cause undesired effects, security breaches or damage to the system/Service,


J. Service or PremiumCAD’s Service – This refers to the software as a service (SaaS) offered by PremiumCAD to the Customer as per the Order Form and any additional support provided by the Customer Success Team at PremiumCAD.


K. SLA – This refers to the Service Level Agreement as defined in the Exhibit: Service Level Agreement. 

1. Customer’s Use of the Service.

1.1. Provision of the Service: PremiumCAD shall: (i) make the Service available in accordance with the Documentation and the SLA to Customer during the term pursuant to this Agreement; (ii) not use Customer Data except to provide the Service, or to prevent or address service or technical problems, in accordance with this Agreement and the Documentation, or in accordance with Customer’s instructions; and (iii) not disclose Customer Data to anyone other than Authorized Parties. In case of any deficiency, PremiumCAD will provide service credits to Customer according to the PremiumCAD SLA Service Credit Exhibit.


1.2. Customer Obligations. Customer may enable access of the Service for use only by Authorized Parties solely for the internal business purposes of Customer and its Affiliates in accordance with the Documentation and not for the benefit of any third parties. Customer is responsible for all Authorized Parties use of the Service and compliance with this Agreement. Customer and all its employees accept Privacy Policy. Customer shall: (a) have sole responsibility for the accuracy, quality, and legality of all Customer Data; and (b) prevent unauthorized access to, or use of, the Service, and notify PremiumCAD promptly of any such unauthorized access or Customer shall not : (i) use the Service in violation of applicable laws; (ii) in connection with the Service, send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights; (iii) send or store Malicious Code in connection with the Service; (iv) interfere with or disrupt performance of the Service or the data contained therein; or (v) attempt to gain access to the Service or its related systems or networks in a manner not set forth in the Documentation. Customer shall designate a maximum number of named contacts as listed in the applicable Order Form to request and receive support services from PremiumCAD. Named Support Contacts must be trained on the PremiumCAD product(s) or service(s) for which they initiate support requests. Customer shall be liable for the acts and omissions of all Authorized Parties and Customer Affiliates relating to this Agreement. Customer (and by extension its employees and its Affiliates) authorizes PremiumCAD and its Affiliates to handle and process Customer Data to the extent of meeting its obligations under this Agreement.


2. Proprietary Rights

2.1. Ownership and Reservation of Rights to PremiumCAD Intellectual Property. PremiumCAD and its licensors own all right, title and interest in and to the Service, Documentation, and other PremiumCAD Intellectual Property Rights. Subject to the limited rights expressly granted hereunder, PremiumCAD reserves all rights, title and interest in and to the Service, and Documentation, including all related Intellectual Property Rights. No rights are granted to Customer hereunder other than as expressly set forth herein.


2.2. License Grant: PremiumCAD hereby grants Customer a non-exclusive, non-transferable, right to use the Service and Documentation, solely for the internal business purposes of Customer and Affiliates and solely during the Term, subject to the terms and conditions of this Agreement within scope of use defined in the relevant Order Merger, Demerger, Amalgamation, Acquisition: Where the Customer is merged or amalgamated or demerged under Companies Act, 2013 the license shall be transferred to the other entities as per order of National Company Law Tribunal or Courts, having jurisdiction without any transfer fee. In such a case, a one-time migration charge would be applicable for migrating all the relevant data into the new entity at a maximum charge equivalent to one month’s subscription cost plus applicable taxes. For any international license or rights transfers, the pricing is subject to change as per the norms of PremiumCAD.


2.3. License Restrictions: Customer shall not (i) modify, copy or create any derivative works based on the Service or Documentation; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Service or Documentation available to any third party, other than to Authorized Parties as permitted herein; (iii) reverse engineer or decompile any portion of the Service or Documentation, including but not limited to, any software utilized by PremiumCAD in the provision of the Service and Documentation, except to the extent required by Law; (iv) access the Service or Documentation in order to build any commercially available product or service; or (v) copy any features, functions, integrations, interfaces or graphics of the Service or Documentation.


2.4. Ownership of Customer Data: As between PremiumCAD and Customer, Customer owns its customer.


2.5. Customer Input: Customer Input is defined as any information customer may have provided PremiumCAD as an idea, feature request, enhancement or bug-fix on PremiumCAD product or service offerings to PremiumCAD. PremiumCAD shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Service any Customer Input. PremiumCAD shall have no obligation to make Customer Input a Customer shall have no obligation to provide Customer Input.

2.6. Statistical Data Use: PremiumCAD has exclusive rights to use the statistical data derived from the operation of the Service, including, without limitation, the number of records in the Service, the number and types of transactions, configurations, and reports processed in the Service and the performance results for the Service (the “Aggregated Data”). Nothing herein shall be construed as prohibiting PremiumCAD from utilizing the Aggregated Data for purposes of operating PremiumCAD’s business, provided that PremiumCAD’s use of Aggregated Data will not reveal the identity, whether directly or indirectly, of any individual or specific data entered by any individual into the Service. In no event does the Aggregated Data include any personally identifiable information or corporate identifiable information



3.1. Confidentiality: A party shall not disclose or use any Confidential Information of the other party except as reasonably necessary to perform its obligations or exercise its rights pursuant to this Agreement except with the other party’s prior written permission.


3.2. Protection: Each party agrees to protect the Confidential Information of the other party in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a reasonable standard of care.


3.3. Compelled Disclosure: A disclosure by one party of Confidential Information of the other party to the extent required by Law shall not be considered a breach of this Agreement, provided the party so compelled promptly provides the other party with prior notice of such compelled disclosure (to the extent legally permitted) and provides reasonable assistance, at the other party’s cost, if the other party wishes to contest the


3.4 Remedies: If a party discloses or uses (or threatens to disclose or use) any Confidential Information of the other party in breach of confidentiality protections hereunder, the other party shall have the right, in addition to any other remedies available, to injunctive relief to enjoin such acts, it being acknowledged by the parties that any other available remedies are inadequate.


3.5 Exclusions: Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the other party; (ii) was known to a party prior to its disclosure by the other party without breach of any obligation owed to the other party; (iii) was independently developed by a party without breach of any obligation owed to the other party; or (iv) is received from a third party without breach of any obligation owed to the other party (v) Information that disclosing party agrees in writing to be free of such restriction. Customer Data shall not be subject to the exclusions set forth in this Section.


4. Customer Data

4.1. Protection and Security: During the term of this Agreement, PremiumCAD shall maintain a formal security program materially in accordance with industry standards that is designed to: (i) ensure the security and integrity of Customer Data; (ii) protect against threats or hazards to the security or integrity of Customer Data; and (iii) prevent unauthorized access to Customer Data. Such security program will conform to the PremiumCAD Security Policy attached hereto. PremiumCAD designs its Service to allow Customers to achieve differentiated configurations, enforce user access controls, and manage data categories that may be populated and/or made accessible on a country-by-country basis. Customer understands that its use of the Service and compliance with any terms hereunder does not constitute compliance with any Law. Customer understands that it has an independent duty to comply with any and all Laws applicable to it. PremiumCAD shall obligate its personnel and any Affiliates entrusted with processing Customer Data to data protection, confidentiality and secrecy.


4.2 Unauthorized Disclosure: If either party believes that there has been a disclosure of Customer Data to anyone other than an Authorized Party or PremiumCAD, such party must promptly notify the other party. Additionally, each party will reasonably assist the other party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted, or the provision of credit reporting services to such individuals. Each party shall bear the costs of such remediation or mitigation to the extent the breach or security incident was caused by it.


4.3 Damages: PremiumCAD shall be liable for damages due to Unauthorized Disclosure or Customer Data breach only to the extent that it can be irrefutably proved to have been caused by PremiumCAD or its Affiliates due to commission or omission of acts in handling such Customer Data. PremiumCAD is not liable for any damages in case where the Customer Data breach occurred due to commission or omission of acts by the Customer, its employees, Affiliates or other individuals/entities with which it has business relationships. The maximum liability for such Customer Data breach is limited as per Section 8.1.


5. Fees

5.1. Invoices & Payment: Fees for the Service will be invoiced in accordance with the relevant Order Except as otherwise set forth in an Order Form, all fees due hereunder (except fees subject to good faith dispute) shall be due and payable within Thirty (30) days of invoice date. Except as otherwise stated in an Order Form, all fees are quoted and payable in Indian Rupees and are based on Service rights acquired and not actual usage. Customer shall provide PremiumCAD with complete and accurate billing and contact information including a valid email address for receipt of invoices. Customer will make payments via Online Bank Transfer or Bank deposit or through payment gateway URL in the invoice. PremiumCAD is not responsible and will not entertain physical collection of bank cheques or other financial payment instruments.

5.2. Non-cancellable & non-refundable: Except as specifically set forth to the contrary under Section 6.2 “Warranty Remedies”, Section 7.1 “Indemnification by PremiumCAD”, Section 9.2 “Termination”, and under the SLA, all payment obligations under any and all Order Forms are non-cancellable, and all payments made are non-refundable. The license rights for the number of Employees set forth on any respective Order Form cannot be decreased during the Term.


5.3. Overdue Payments: Any payment not received from Customer by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at PremiumCAD’s discretion, late charges at the rate of 1.5% of the outstanding balance per month compounded monthly, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date.


5.4. Non-Payment and Suspension of Service: If Customer’s account is more than Sixty (60) days past due (except with respect to charges subject to a reasonable and good faith dispute), in addition to any other rights or remedies it may have under this Agreement or by law, PremiumCAD reserves the right to suspend the Service upon thirty (30) days written notice, without liability to Customer, until such amounts are paid in


5.5. Taxes: Except as otherwise stated in an Order Form, with exception of Income Tax, PremiumCAD’s fees do not include any direct or indirect local, state, central or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, excise, use or withholding taxes (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its acquisitions hereunder, this Agreement, and the Service. For any tax exemptions that Customer enjoys as allowed by the prevailing local and central laws, Customer provides PremiumCAD with a valid tax exemption certificate authorized by the appropriate taxing authority. If Customer has an obligation to withhold any amounts under any law, Customer shall provide a proof of payment of such amount within 30 days from the day of such.


6. Warranties & Disclaimers

6.1. Warranties: Each party warrants that it has the authority to enter into this Agreement and, in connection with its performance of this Agreement, shall comply with all Laws applicable to it related to data privacy, international communications and the transmission of technical or personal data. PremiumCAD warrants that during the Term (i) the Service shall perform materially in accordance with the Documentation; and (ii) the functionality of the Service will not be materially decreased during the Term.(iii) the Services to be provided do not violate or infringe any Intellectual Property Rights of any person or entity; (iv) PremiumCAD will provide the Services in accordance with all applicable laws, rules and regulations (v) in the event of interruption or technical issues with the Services to be provided hereunder this Agreement by PremiumCAD, (iv) ensure that the Service does not contain any virus, spyware, phishing program, malware or similar malicious program (v) ensure that any scheduled maintenance or other cause that renders the Services inoperative or inaccessible (within the limits set out herein under this Agreement) shall be notified to Customer according to the Exhibit: Service Level Agreement.

6.2. Warranty Remedies: As Customer’s exclusive remedy and PremiumCAD’s sole liability for breach of the warranty set forth in Section 6.1, (a) PremiumCAD shall correct the non-conforming Service at no additional charge to Customer, or (b) in the event PremiumCAD is unable to correct such deficiencies after good-faith efforts, PremiumCAD shall refund Customer amounts paid that are attributable to the defective Service from the date PremiumCAD received such notice. To receive warranty remedies, Customer must promptly report deficiencies in writing to PremiumCAD, but no later than thirty (30) days of the first date the deficiency is identified by Customer.




7. Mutual Indemnification

7.1 Indemnification by PremiumCAD: PremiumCAD shall defend, indemnify and hold Customer harmless against any loss, damage or costs (including reasonable attorneys’ fees) in connection with claims, demands, suits, or proceedings (“Claims”) made or brought against Customer by a third party alleging that the use of the Service as contemplated hereunder infringes a copyright, a patent issued as of the Effective Date, or a trademark of a third party; provided, however, that Customer: (a) promptly gives written notice of the Claim to PremiumCAD; (b) gives PremiumCAD sole control of the defense and settlement of the Claim (provided that PremiumCAD may not settle any Claim unless it unconditionally releases Customer of all liability); and (c) provides to PremiumCAD, at PremiumCAD’s cost, all reasonable assistance. PremiumCAD shall not be required to indemnify Customer in the event of: (i) modification of the Service by Customer, its Employees, or Authorized Parties in conflict with Customer’s obligations or as a result of any prohibited activity as set forth herein; (ii) use of the Service in a manner inconsistent with the Documentation; (iii) use of the Service in combination with any other product or service not provided by PremiumCAD; or (iv) use of the Service in a manner not otherwise contemplated by this Agreement. If Customer is enjoined from using the Service or PremiumCAD reasonably believes it will be enjoined, PremiumCAD shall have the right, at its sole option, to obtain for Customer the right to continue use of the Service or to replace or modify the Service so that it is no longer infringing. If neither of the foregoing options is reasonably available to PremiumCAD, then use of the Service may be terminated at the option of PremiumCAD and PremiumCAD’s sole obligation shall be to refund any prepaid fees for the Service that were to be provided after the effective date of termination.


7.2 Indemnification by Customer: To the extent permitted by law, Customer shall defend, indemnify and hold PremiumCAD harmless from any Claims made or brought by a third party alleging that the Customer Data infringes the rights of, or has caused harm to, a third party or violates any Law; provided, however, that PremiumCAD: (a) promptly gives written notice of the Claim to Customer; (b) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle any Claim unless it unconditionally releases PremiumCAD of all liability); and (c) provides to Customer, at Customer’s cost, all reasonable


8. Limitation of Liability





9. Term & Termination

9.1 Term of Agreement: The term of this Agreement commences on the Effective Date and continues until the stated term in all Order Forms has expired or has otherwise been terminated, unless otherwise extended pursuant to the written agreement of the parties. Subscriptions to the Service commence on the date, and are for a period, as set forth in the applicable Order Form.

9.2 Either party may terminate this Agreement: (i) upon thirty (30) days prior written notice to the other party of a material breach by the other party if such breach remains uncured at the expiration of such notice period; (ii) immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In the event the Agreement is terminated, all Order Forms are simultaneously terminated. (iii) for convenience upon sixty (60) days’ notice to the other party. Upon any termination by Customer pursuant to this section, PremiumCAD shall refund Customer any prepaid fees for the affected Service that were to be provided after the effective date of termination.


9.3 Effect of Termination: Upon any termination of this Agreement, Customer shall, as of the date of such termination, immediately cease accessing and otherwise utilizing the applicable Service (except as permitted under the section entitled “Retrieval of Customer Data”) and PremiumCAD Confidential Information. Termination for any reason shall not relieve Customer of the obligation to pay any fees accrued or due and payable to PremiumCAD prior to the effective date of termination and termination for any reason other than for uncured material breach by PremiumCAD shall not relieve Customer of the obligation to pay all future amounts due under all order forms. Upon termination for cause by PremiumCAD, all future amounts due under all Order Forms shall be accelerated and become due and payable.


9.4 Retrieval of Customer Data: Upon request by Customer made within thirty (30) days after any expiration or termination of this Agreement, PremiumCAD will make Customer Data available to Customer through the Service on a limited basis solely for purposes of Customer retrieving Customer Data for a period of up to thirty (30) day after such request is received by PremiumCAD. After such thirty (30) day period, PremiumCAD will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data. Additionally, during the Term of the Agreement, Customers can extract data using PremiumCAD’s standard web services. If Customer requires PremiumCAD’s assistance, Customer may acquire PremiumCAD professional services at PremiumCAD’s then-current billing rates pursuant to a separately executed Statement of Work and Professional Services Agreement. Customer will determine the scope of the professional services engaged to extract data from the PremiumCAD system and as such may increase or decrease PremiumCAD’s professional services involvement in order to control costs.


9.5 Transition Period before Final Termination: Upon any termination of the Agreement, PremiumCAD shall, upon Customer’s request, continue to provide the Service to Customer (except where PremiumCAD is enjoined) pursuant to the terms of this Agreement for a transitional period of up to three (3) months (the “Transition Period”). Access to the Service during the Transition Period will be subject to the fees set out in the applicable Order Form, prorated on a monthly basis and payable in advance, based on the annual fees charged to Customer for the Service during the twelve-month period immediately preceding the termination date. During the Transition Period, PremiumCAD will provide cooperation and assistance as Customer may reasonably request to support an orderly transition to another provider of similar software, services, or to Customer’s internal operations. Such cooperation and assistance will be limited to consulting regarding the PremiumCAD Service and will be subject to a fee based on PremiumCAD’s then-current rates for consulting services and such services will be set out in a statement of work to a professional services agreement between the parties. Notwithstanding the foregoing, in the event of termination of this Agreement by PremiumCAD for breach by Customer, PremiumCAD may withhold the provision of transition Services and condition further performance upon (i) payment of undisputed fees then owed, (ii) prepayment of fees for further services, and (iii) receipt by PremiumCAD of an officer’s certificate from Customer certifying ongoing compliance with the terms of this Agreement during the Transition Period. If the Transition period is utilized, the data retrieval period in Section 9.5 begins after the end of the Transition Period.


9.6 Surviving Provisions: The following provisions of this Agreement shall not survive and will have no further force or effect following any termination or expiration of this Agreement: (i) subsection (i) of Section 1.1 “Provision of the Service”; (ii) Section 2.2 “License Grant”; and (iii) any Order Form(s). All other provisions of this Agreement shall survive any termination or expiration of this.


10. General Provisions

10.1. Relationship of the Parties: The parties are independent contractors. This Agreement does not create nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this.

10.2. Notices: All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) registered post. Notices to PremiumCAD shall be addressed to the attention of its Vice President, Legal. Notices to Customer shall be addressed to Customer’s signatory of this Agreement. Each party may modify its recipient of notices by providing notice pursuant to this

10.3. Waiver and Cumulative Remedies: No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in

10.4. Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control (including PremiumCAD’s compliance with its obligations pursuant to Section 4.1) and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems (other than those involving PremiumCAD or Customer employees, respectively), or, where PremiumCAD is in compliance with its obligations under this Agreement, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

10.5. Assignment: Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms) without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement and all past due fees are paid in full, except that Customer shall have no right to assign this Agreement to a direct Competitor of Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

10.6. Governing Law. This Agreement shall be exclusively governed and construed in accordance with the laws of The courts at Haryana shall have exclusive jurisdiction over any of the disputes arising out of or in connection with this Agreement.

10.7. Dispute Resolution: Prior to initiation of any legal proceeding other than one for equitable relief as described in subsection.

(d) below, the parties shall first attempt to resolve their dispute informally, as follows:

(a) Within ten (10) days following the written request of a party, designated individual(s) from PremiumCAD and Customer shall meet to resolve such

(b) The representatives referred to in paragraph (a) shall meet as often as the parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue which the parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and negotiate in good faith in an effort to resolve the dispute without the necessity of formal legal proceedings. The specified format for the discussions will be left to the discretion of the designated representatives, but may include the preparation of agreed upon statements of fact or written statements of

(c) If the representatives referred to in paragraph (a) above are unable to resolve the dispute within thirty (30) days after the dispute is escalated to them, then either Party may escalate the dispute to the CEO of PremiumCAD and CEO of the customer, for their review and

(d) The provisions of this Section 10.7 shall not be construed to prevent a party from instituting, and a party is authorized to institute, judicial or other proceedings either to (i) seek injunctive relief or (ii) avoid the expiration of any applicable legal or contractual limitations

(e) Each of the parties agrees to continue performing its obligations under this Agreement and all related agreements while any dispute is being resolved except to the extent that the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance). Failure to pay undisputed invoices is not a dispute and PremiumCAD is entitled to exercise its contractual remedies in the event of such failures.

(f) Where parties fail to resolve these disputes as per aforesaid clauses, the dispute shall be settled through arbitration under Arbitration and Conciliation Act, 1996 (as amended from time to time). The place of arbitration shall be New Delhi and arbitration shall be in English. The Arbitral Award shall be final and binding on both parties.


10.8. Miscellaneous: This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties with respect to the subject matter hereof. In the event of a conflict, the provisions of an Order Form shall take precedence over provisions of the body of this Agreement and over any other Exhibit or Attachment. This Agreement supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. PremiumCAD may use Customer’s name and logo in lists of customers, on marketing materials and on its website. The parties hereby consent that the mutual acceptance of this agreement shall be legally binding.



PremiumCAD’s Software as a Service is based on a multi-tenanted operating model that applies common, consistent management practices for all customers using the service. This common operating model allows PremiumCAD to provide the high level of service reflected in our business agreement. The terms defined under reflects the Service Level Agreement (SLA) for PremiumCAD's Software as a Service

Service Availability

PremiumCAD provides a 24 x 7 service to its customers, which is about 720 hours of service per month on average (assuming 30 days in a month). PremiumCAD commits to provide Service Availability defined as the Software as a Service being available for 99.5% of the time during each calendar month, excluding regularly scheduled maintenance times. Any unavailability of Service beyond this is referred to as Unplanned Outage. This means that Allowable Limit on Unplanned Outage (defined below) shall be than 3 hours 36 minutes per month.


Currently, planned Maintenance is two (2) hours for weekly maintenance, four (4) hours for monthly maintenance, six (6) hours for quarterly maintenance.


a) PremiumCAD’s current weekly maintenance begins at 10pm (IST) on Saturdays where there is potential for any disruption of services or on Thursday at 10:00 PM (IST) when there is no disruption of service


b) Monthly maintenance begins at 2:00 am (IST) on Saturday.


c) Quarterly maintenance begins at 6:00am (IST) on

bottom of page