The website or service is owned and provided by Symbiosis Consultancy Private Limited – a company incorporated under the Companies Act, 2063 (2006), Nepal, and which operates under the laws of Nepal.

Registered Office

House no.2154, Boudha-6

Bagmati Province, Kathmandu, Nepal

Email: director@symbiosis.com.np

Contact No: 9851207716

VAT Identification No: 606598880

The company delivers website or service to its clients and service users under the terms of service expressed herein. If they disagree with any part of these terms of service, they are advised not to use the website or service. The company provide a broad range of services that are subject to these terms, including applications and web pages, online platforms, integrated services and software services, and its website or service also includes content that they can stream or interact with. The website or service is designed to work together, making it easier for its clients and service users to request the services tailored to the need of their businesses and meet a number of business objectives.

Before using the website or service, please, read carefully the terms of service and other applicable rules, policies, user agreement (distinctly provided), website user agreement, website community guidelines, and such other terms expressed herein and service provided with company’s website or service. Please, also see privacy notice, cookies notice, and the interest-based advertisement (IBA) notice, which form part of the terms of service. Interest-Based Advertising (IBA), which is collection of data across web domains owned by the company, shall represent use of such data that is collected from the online activities of the clients and users for the purpose of tailoring advertising based on their requests, preferences or interests. IBA shall be a targeted or personalized advertisement to display advertisement about service products and/or service portfolios launched by the company to its clients and service users tailored to their interests. IBA may appear on web browser or otherwise simply displayed in any available advertising space maintained by the company. 

The company welcomes its clients and service users to its website or service www.symbiosis.com.np. If they continue to browse and use the website or service, they shall agree to comply with and be bound by the following terms of service including conditions to use website or service of the company. The terms of service and its privacy policy, shall together govern symbiosis business and its relationship with its clients and service users in relation to its website or service. The company invites its clients and service users to access its website or service, but please note that the invitation is subject to their acceptance with the terms of service hereinafter expressed. These terms describe in detail the rights of its clients and service users, and that of the company relating to its provision of its website or service.

By clicking accept when prompted on the website or service, the clients and service users shall agree to be bound by the all agreements, which constitute the terms of service of the website or service of the company, and they shall also agree that the terms of the service mean every agreement linked herein and include privacy policy.

As a website owner, the company fulfills its basic legal requirement to ensure its website’s compliance with current laws and regulations, and it has adequately disclosed its

1. Business identity at full, namely, act under which the company is registered, i.e., the Company Act 2063, Nepal, its name, registered number, place of registration (Kathmandu, Nepal), registered office address, company name, postal address, and email address, non-electronic contact method, VAT number, and trade body or professional association memberships, wherever applicable;

2. Clients’ and Service Users’ data consent to enhance individuals’ rights regarding their personal data processing, namely, setting up default contact form preferences to “no” or blank, requiring active opt-in, allowing easy consent withdrawal or opt-out, collecting minimal information on forms, notifying clients and service users of tracking cookies, and implementing a data breach process;

3. Company policies and procedures, including some standard pages on its website, namely, privacy policy detailing personal data collection and usage, cookie disclosure; user agreement; website user agreement; website community guidelines; and disclaimer outlining website information usage and liability as part of the privacy policy;

4. Clients’ and service users’ protection for online provision of services and goods that are incidental or ancillary to the provision of such services in compliance with online and distance selling regulations, electronic commerce regulations, and the consumer protection act 2075 by including key considerations, namely, providing pre-order information (costs, payment terms, delivery arrangements, cancellation rights, supplying post-order information (contract copy), ensuring satisfactory order fulfilment thereby guaranteeing the quality and fitness of the service/product, and their accurate description;

5. Cybersecurity and personal data protection that follows technical security processes to safeguard personal data from compromise, namely, using valid certificate for data encryption, undertaking regular update of website software, including the operating system, content management system, and test for security vulnerabilities; and

6. Copyright respect by using licensed or copyright-free images, detecting potential copyright infringement by others, and protect its own website’s copyright.

Access, in the context of company’s website or service, shall mean the privilege or assigned permission to use computer data or resources in some manner, which is the amount of admittance allowed to the clients or service users. The access rights or privileges of the clients and service users are important aspects of company’s system, security or otherwise. With an access granted to the clients and service users, they have rights to use websites, tools, and technologies by perceiving, understanding, navigating, and interact with and contributing to the website or service. 

By accessing the website www.symbiosis.com.np, the clients and service users agree to these terms of service, in full and understand that it is their responsibility to ensure that the privacy policy or any other policy they create with the company is complete, accurate, and meets their entities’ specific privacy needs. The company is not liable or responsible for any privacy policies or any other policies created using its website or service, and the company gives no representations or warranties, express or implied, that the privacy policies or any other policies created using its website or service are complete, accurate or free from errors or omissions. If they disagree with the terms of service or any part of the terms of the service, they must not use the website or service. If they are registered with the website or service, they shall be asked to expressly agree to the terms of service.

The clients or service users may be asked to supply certain information relevant to their access to the website or service including, without limitation, their names, email, phone number, registered place of business, contact details and address. By providing the necessary information, the clients or service users represent that the information they supply is true, correct and complete and by submitting such information, they grant company the right to provide the information to make provision of website or service requested by them including every detail of payment that is required to be made under any agreement or contract implied or expressed. 

Terms of service of the company mean the terms and conditions that form the entire agreement between the company and its clients and service users, which comprise of its clients, website visitors, MoU and business partners, suppliers or vendors, staffs, accredited members, including, but not limited to, donor agency, availing a number of website or services through login credentials regarding use of the website or service; and shall, where applicable, 

1. Introduce the agreement to use website or service and give its effective date of commencement; and obtain acceptance of the clients and users of the agreement; 

2. Refer and link to privacy policy of the company; and grant its clients and users right to make changes to the agreement; 

3. Set out the rules about user-generated information, content, and/or material; and also set the rules around payments and billing; 

4. Set the conditions under which the account of the clients and users may be suspended or terminated; and disclaim the responsibilities of the company for the spread of malware; 

5. Exclude implied warranties; limit the liability of the company in different circumstances; and indemnify the company against any losses its clients and service users may cause; and 

6. Determine its legal jurisdiction. 

Account means a unique account created for a clients and service user which enables him/her to access website or service or parts of website or service.

The clients and service users shall agree to the terms of the service including terms and conditions for acceptable use of website or service and anyone who uses its website or service is assumed to have unconditionally and irrevocably agreed upon the terms of the delivery of such website or service. However, the terms of service may not apply to entities or persons who are legally prohibited to enter into any agreement and who do not accept the terms of service expressed herein. 

The terms of service shall set out the rights and obligations of all users regarding the use of the website or service. The clients’ access to and use of the website or service is conditioned on their acceptance of and compliance with these terms. These terms of service shall apply to all committee members, service users, website visitors, clients, MoU partners, business partners, suppliers and vendors, development sector participants, donor agency including private and institutional donors, and staffs. By accessing or using the website or service, service users agree to be bound by these terms of service. 

Donor agency means foreign government or organization/institution that provides support in social welfare activities or activities of social service or development (e.g., United Nations Children's Fund - UNICEF: UNICEF supports developing and implementing a range of replicable models for water and sanitation sector; US Agency for International Development - USAID: One of the key focuses is the link between dependable electricity supply and water conservation; and includes private and institutional donors and/or donor country – a country, which provides aid to developing country. 

Donor agencies including international donors and development organizations assist the developing and the under-developed world to overcome their obstacles to socio-economic progress, providing financial support, together with a wide range of technical and administrative facilities. There are Directly Executed Projects (DEX) and Nationally Executed Projects (NEX) funded by donor agencies. In Donor Agency-Funded Projects, the implementing partner assumes responsibility for ensuring the adequacy of their overall supervision and management. It is responsible for making sure that an adequate and reliable system of internal control is built into the project.

These agencies are accountable to the donors for the quality, timeliness and effectiveness of the services they provide and the activities they carry out as well as for the use of funds provided to them. The accountability of agencies refers to substantive accountability for routine conduct of all project activities – whether implemented directly by them directly or by other organizations on their behalf; financial accountability for all funds provided to them for projects; and custodial accountability for all equipment, vehicles and other such assets entrusted to them – whether purchased by an executing agencies using donor agency advances or reimbursements, or purchased directly by agencies on behalf of an executing agencies.

The data, donor, and development agency service of the company shall impose three tier accountabilities in the development chain, namely, 

1. Accountability to donors: recipient agencies are accountable to donors for how the funding received is spent, which gives donors the leverage to insist that quality aid is delivered with the funds provided; 

2. Accountability through donors: the collective pressure donors can apply to other stakeholders, such as local governments and aid recipients; and 

3. Accountability by donors: initiatives that look at quality and accountability within donor organisations themselves.

The clients’ access to and use of the website or service is also conditioned on their acceptance of and compliance with the privacy policy of the company, which describes its policies and procedures on the collection, use, and disclosure of users’ personal information when they use the application or website or service and states them their privacy rights and how the prevailing law protects them. 

The clients and service users shall always be expected to read out the privacy policy carefully before using its captioned services. The captioned services of the company comprise of both open captioned or close captioned services. The conversion of audio to text translating it, and displaying it on the screen with video contents that display important audio information and dialogue on-screen are captioned services to increase accessibility and reach larger audiences. The captioned services shall be provided to industry specific clients and service users, and development sector participants. The captioner shall offer services for real time and/or pre-recorded video, such as dialogue clarification and contextual details of a video, and integration of transcribed text into subtitles within the content. The clients, service users, and development sector participants shall be separately charged for access to and use of captioned services.

By giving access to website or service of the company through account of the clients and service users, the company grants its clients and service users a revocable, non-exclusive, non-transferable, limited right to install, access and use the application provided on website or service (e.g., CPAA Checklists) in accordance with the terms and conditions of the license, the usage rules, and any service agreement associated with such right, collectively referred to as related rights. The clients and service users shall use the application strictly in accordance with the terms of the related agreement and shall not 

1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application, and make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; 

2. Violate any applicable laws, rules and regulations in connection with their access or use of the application, and remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the company, its partners, vendors, or licensers of the application; 

3. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not intended or designed, and install, use, or permit the application to exist on more than one online or offline location at a time; 

4. Distribute the application to who the application is not designed for; make the application available over a network or other environment permitting access or use by multiple users not associated with the operation unique and integral to the businesses of its clients and service users; use the application for creating different application or service, that is directly or indirectly, competitive with or in any way a substitute for the application or service offered by the company; 

5. Use the application to send automated queries to any website or to send any unsolicited commercial email; and

6. Use any proprietary information or interface of the company or other intellectual property of company in the design, development, manufacture, licensing, or distribution of any application or service whether or not independently used with the application or service offered by the company.

The web application – a software that runs in the company’s web browser connects with its clients and service users to exchange information and deliver services remotely. The web application program is stored on a remote server and delivered over the internet through a browser interface. The website vendor has used web application designed by trusted developers. Some commonly used web applications of the company are webmail, online calculators or e-commerce platforms for online services delivered by the company in addition to foregoing checklist services. Such applications are accessed through a network or web browser. 

The web application of the company operates through a web server, application server and database, where the web servers manage the requests that come from its client and service users, while the application server completes the requested task. A database stores any necessary information. Through web application, a large number of clients and service users can access the same version of an application without installing the application, and they can also access the applications through various platforms such as a desktop, laptop, mobile and/or even multiple browsers. The web applications of the company, being a client-side programming, typically utilize JavaScript, HTML5 or CSS to make the application front-end, while its server-side programming creates the scripts its web application will use. The company commonly uses languages such as Python, Java and Ruby in server-side programming.

When the clients and service users use the company’s website or service, they’re trusting the company with the information. The company understands this is a big responsibility and works hard to protect their information and put them in control. The company makes all reasonable efforts to use technologies that protect privacy (e.g., the tokenization of unique identity numbers) by eliminating or reducing the collection of personal data, preventing unnecessary or undesired processing of personal data, and facilitating compliance with data protection rules.

The company’s privacy policy shall legally binding. It makes the clients and the service users understand the right they have and the choices they can really make to better protect their privacy with repository of privacy right resources. 

By agreeing to terms of service, the company and its clients and service users agree that both parties process the personal data lawfully, fairly, and in a transparent manner for specified, explicit, and legitimate purposes only and in a manner that is adequate, relevant, and limited to what is necessary, where required accurately and kept up-to-date, and regarding storage, they shall keep data as long as necessary and in a way that protects it from unlawful or unauthorized access, processing, loss, damage, or destruction by ensuring confidentiality, integrity, and availability of such data.

By privacy right, the clients and service users shall be kept informed of, when the company collect, store, use, and share their information by ensuring that they know when and why their information is being collected, their information is used and shared appropriately, their information is kept safe and secure; and they can access the information, which the company holds about them.  The privacy right of the clients and service users shall contain data, which includes 

1. Their business’s name and contact details, name of the authorized persons and their contact details, delivery of website or service, processing of personal data that requires lawful basis for such processing, i.e., consent, contractual and legal obligation, vital interest, performance of a private task and legitimate interest; and the categories of personal data that businesses obtain; 

2. The recipients or categories of recipients of the personal data, if personal data is transferred to any third countries or international organisations including CINP Multiple Donor Platform (CMDP), how long personal data is kept, clients’ and the rights of clients and service users concerning the processing of their data; 

3. The right to withdraw consent; the right to complain to a responsible authority in case of personal data breach; where the personal data was sourced from, the details of whether the clients and service users are under a contractual obligation to provide the personal data, the details of the existence of automated decision-making, including profiling (in case where checklists are applicable); and 

4. How the clients and service users can seek recourse if the company fails to comply with the privacy policy including cookie and consents thereunder placed on the browser whereby the clients and service users including website visitors shall have to be able to opt-out of processing personal data, opt-out of automated decision making, opt-out of targeting and re-targeting, and opt-in processing sensitive data by allowing them to make legitimate request of their data such as access, deletion, and correction. 

For collection and processing of personal data from its clients and service users, the legitimate interest shall suffice lawful basis, namely, for the technical storage of, or access to, information for the sole purpose of carrying out the transmission of a communication over an electronic network in case the communication between two “endpoints” is not possible without cookies; and where the storage or access is strictly necessary for the provision of a service requested by the clients and service users, i.e., “strictly necessary” cookies that are essential for the technical functioning of the company’s website.

For security purposes and to ensure that the website or service remains available to all its clients and service users including visitors, the company may use software to monitor network traffic to identify unauthorized attempts that upload or change information, or otherwise cause damages. It may collect non-personal information about their internet connection on this website or service, including but not limited to 

1. The Internet Protocol (IP) and the name of the internet domain they have used to access the internet; 

2. The IP address or URL of the website from which they are directly linked to this website or service, the date and time they have accessed the website or service; 

3. The pages they have visited on the website or service; the browser and operating system they have used to access the website or service; and 

4. The search terms used on its search engines. 

The company uses this non-personal information to help manage and improve the website or service. It builds a range of services that help its clients and users to explore and interact with multiple stakeholders of the website or service. Its services include all services contemplated under the menu ‘service’ and other value-added services, end users’ applications, third party services, important links, captioner services, emails, galleries, user management system and online resources that reside in user management system accessible by its clients and service users via their login credentials. 

The clients and service users can use the website or service in a variety of ways to manage their privacy; for example, they can sign up for account in its user management system and create and manage their relevant content like emails, documents, and photos, or see more relevant search results. They can use many online services even when they are not logged in to website or service and also choose to browse the website or service in the platform; and across its website or service they can adjust their privacy settings to control what the company collects and how their information is used. The company suggests its clients and service users to communicate with it freely should they have any questions about their privacy rights.

The company, to maintain the security of data, shall store and process personal information securely and protect such information against unauthorized or unlawful processing, loss, theft, destruction, or damage. As the company uses digital ID system and login credentials, it shall take a number of security measures to protect the personal information of its clients and service users, namely, encryption and anonymization of personal data; pseudonymization of personal data; confidentiality, integrity, and availability of data and systems that use or generate personal data; ability to restore data and systems that use or generate personal data after a physical or technical incident; and ongoing tests, assessments and evaluation of security of systems that use or generate personal data

The data security standards of the company shall impose a duty on data administrators to notify data subjects of significant data breaches affecting personal data (i.e., data breach and data breach notification) of its clients and users. In addition, the company complies to laws to identify and mitigate cyberthreats, as well as legislation that penalizes unauthorized access, use or alteration of data.

It shall also implement legal frameworks to 

1. Include sufficient penalties for unauthorized access, use or alteration to personal data by data administrators and third parties, including the criminalization of unauthorized access to ID systems or other databases holding personal data; 

2. Detect and prevent unauthorized monitoring/surveillance of ID systems or other databases holding personal data or unauthorized use of personal data; unauthorized alteration of data collected or stored as part of ID systems or other databases holding personal data; and 

3. Detect and prevent unauthorized interference with ID systems or other databases holding personal data.

To enhance the data security, the company uses cookies that are small text files placed on its clients’ and service users’ device to store data that can be recalled by its web server in the domain that placed the cookie. The cookies and similar technologies are used for storing and honoring preferences and settings of its clients and service users, enabling them to sign in, providing interest-based advertising, combating fraud, analyzing how its services perform, and fulfilling other legitimate purposes. 

At times, some online applications may also use additional identifiers, such as users’ ID in login section for similar purposes. The company may also use “web beacons” to help deliver cookies and gather usage and performance data. The website or service may include web beacons, cookies, or similar technologies from partners and as well as third parties, who are service providers acting on behalf of the company.

Third party cookies may include: 

1. Social media cookies designed to show the services and content based on the social media profiles and activities of the clients and service users on the website or service; 

2. Analytics cookies to better understand how its clients and service users including website visitors use the website or service so that we can make them better, and so the third parties can improve their own services relevant to the services delivered by the company; 

3. Advertising cookies to show its clients and service users’ advertisements and notices that are relevant to their businesses and performance of the contractual obligations; and 

4. Required cookies that the company uses to perform essential website functions. 

Where required, the company obtains the consent of its clients and service users prior to placing or using optional cookies that are not strictly necessary to provide the website or service; or for the purpose of facilitating a communication. The company shall have in place a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, it may use controls in its internet browser to limit how the websites its clients and service users visit are able to use cookies and to withdraw their consent by clearing or blocking cookies.

The company takes care of breaches of online privacy and constantly resorts to legal frameworks that regulate unfair or deceptive commercial practices and bring into enforcement actions against everyone who breaches or infringes the data including web data privacy including failure to comply strictly with privacy policies and adequately protect personal information. 

The company also implements security standards to protect certain wire, oral, and electronic communications from unauthorized interception, access, use, and disclosure and detect the instances of computer fraud and abuse by the clients and service users to control certain unlawful computer-related activities involving an unauthorized access of computer, computer system and resources of the company and obtain certain information; defraud or obtain anything of value, transmit harmful items, or traffic in computer passwords. 

The compliance effort of the company shall also check on deceptive practices like sending unsolicited commercial email; misleading header information and deceptive subject lines by requiring senders to disclose certain information by including a valid opt-out mechanism and creating civil and criminal penalties for violations. The company shall have in place all reasonable commercial efforts to prevent identity theft, protect sensitive categories of personal information, and implement data breach notification. With its implementation of robust information security programs, there are steps that the company shall take to help mitigate cybersecurity threats. 

The company shall also help its clients and service user to follow best practices for specific areas of service delivery and scrutinize third-party sites on which they can find their requisite information through secure internet browsers so as to protect their sensitive login and other information and encourage a practice to use a trusted network solution, data encryption through electronic certificates, administrative controls, efficient back up processes, security practices, employees control, application program interfaces, cloud security control,  logging tools, self-security logging and monitoring to monitor any unauthorized access attempts and other issues with a combination of network and community rules and regulation and a rigorous implementation of threat analysis and response measures.

The company may modify the terms of service from time to time to reflect changes in market conditions affecting its business, changes in its business, changes in payment method, changes in technology, changes in relevant laws and regulatory requirements, and more importantly changes in its system and the method of service delivery. If the company does so, the company shall notify its clients and service users by email to the email address they have provided, however, the company shall not be obliged to, and such modification shall be effective upon its posting of the revised terms of the service. The clients and service users agree to be bound by and changes to these terms when they use website or service after any such modification is posted on website or service. It is therefore important that the clients and service users review these terms regularly to ensure that they are updated as to any changes.

The delivery of service shall be deemed to be performed when contracted services are provided to the clients and service users in accordance with the terms and conditions set forth in the agreement and the clients and service users shall pay for the service in accordance with the terms of payment. The key terms of service in connection with the delivery of service that form part of the agreement shall not be changed without prior notice and an amendment to the additional terms specifying the change. Both the company and its clients and service users may withhold their consent to substitute the existing terms with new or additional terms at their discretion with a written notice to be delivered to each party by both parties to this effect. 

The company shall deliver the services required under the agreement on the dates and at the times specified therein. The service delivery shall include the constant interaction between the company and its clients and service users and the service can be anything from a task to technology or information. For all technical service, the delivery of service shall follow more industry-specific models, which aim to provide the client and service users with increased value by setting standards, policies, principles and constraints to guide all aspects of their business and business requirement in rigid terms. At times, service delivery may involve a third-party or outsourced vendor besides the company and its clients and service users. 

The service culture shall typically include the leadership principles, vision, mission, work habits and values of the company whose management shall control the foregoing components, which set a basis for operations throughout the company. The company by maintaining and developing these elements develops its social processes and help serve its own long-term success. Its employee engagement focuses on those who work to deliver website or service, and its experts use their influence to shape employee attitudes, activities and purposes that align with the service culture of the company that serves as the link between the service delivery design process and the excellence model that its clients and service users shall ultimately experience. 

Likewise, its service quality includes all strategies, performance management systems and processes involved in service delivery, and these items collectively define the management model that helps its client and service users reach their end goal within the service delivery process and creates a strong foundation for a healthy business partnership. 

The customer service focuses on providing its clients and service users with both the resources and knowledge they desire about their service, and includes items like account management, customer intelligence and continuous improvement. The company’s management undertakes a continuous review and examines its collaboration process to understand how the clients and service users perceive its service delivery and what it can do to make it better. 

Website means any point of presence of the company maintained on the internet or on any other public data network, and with respect to website or service maintained on the world wide web, such website includes all HTML pages (or similar unit of information presented in any relevant data protocol) collectively known as services that are either identified by the same second-level domain or by the same equivalent level identifier in any relevant address scheme, or contain branding, graphics, navigation or other characteristics such that its user reasonably would conclude that the pages are part of an integrated information or service offering. 

Being accessible to large public, the network architecture of the company is essentially a public one with some differences in security, addressing, and authentication methods as compared to private data network. Hence, it can be accessed by anyone at any time, like the internet. it shall have wide area coverage, easy file sharing and public visibility.

Its point of presence in a network means a demarcation point, access point, or physical location at which two or more networks or communication device build and share a connection in a worldwide system of computer networks from one place to the rest of the internet. A point of presence shall refer to its location, facility or access point that connects to and helps other devices establish connections to the internet, which serves as an access point or a physical location where the internet service provider connects to the internet, allowing its clients and service users to interface with the web. 

A typical technical architecture of point of presence of the company’s website or service houses a blend of both hardware and software components to ensure optimal data traffic management, namely, servers, routers and switches, digital/analog call aggregators, firewalls and security appliances, load balancers, and connectivity modules. The cloud service provider of the company may also establish point of presence near its data centre ensuring that cloud-based applications run seamlessly for its clients and service users.

HTML stands for Hypertext Markup Language, which creates web pages and application of the company and includes a number of elements such as head, body tag, attributes and texts. 

The HTML pages of the company shall comprise of 

1. Source codes, code tag, space code, text editor, building blocks, tags, attributes (global and event), spellcheck attribute, elements, formatting, heading, paragraph, phrase tags, anchor, image, table, lists, description list, form and its inputs, forms attribute, and identifiers; 

2. Comments, file paths, layout and layout techniques, responses, computer codes, entities, symbols, URL encodes, user manual, maps, semantics, migration, audio, video, scalable vector graphics (svg), canvas, drag and drop, and geolocations; 

3. Web storage, button type, button onclick, image button, checkbox tag, favicon, login form, radio tag, registration form, text tag, background color, date, form action, ID attribute, and list box; and

4. Scripts, background image, hide element, reset button, search box, font color, font size, nested table, counter, download features, calculator, excel tests, email and newsletter, translation, basics of animation, add and delete features, loops, html directory, and scrollbar etc. 

The HTML pages are the intellectual property of the company. Its second level domain is dot com, which is a domain that is directly below a top-level domain and reserved for explaining the relationship between top level domains and second level domains. Its internet domain name shall mean all right, title, and interest (and all related internet protocol ancillary rights) arising under any requirement of law in or relating to internet domain names. 

The domain name, however, shall not include any trademark or service mark rights to such domain names other than the rights to the product trademarks required to be divested. The dot np is its country code top level domain. It has www as third level domain. The company’s portal is the gateway for its world wide web and a high-traffic website with a wide range of content, service, and vendor links provided by the company. It shall help the clients and service users to select content sources and assemble them in a simple-to-navigate and customize interface for presentation to the end users.

The branding of the website shall involve making every aspect of the website or service consistent with its brand’s personality, from its images and layout to its web copy and blog posts. It depicts the goal of the company, its logo, responsive themes, colors, styles, website’s or site’s layout, its outlets to spread website’s message, and a cohesive content strategy. Its excellence of branding is the website’s or service’s response that fully represents its online presence through social media integration, integration with essential plugins, and seamless customization. 

The company is transparent about who it serves, namely its clients and service users. The graphics are visual interest that enhance overall look, appearance and feel of company’s website or service thereby making information easier to understand. It has its website or service to convey information or messages, communicate the brand value to bring professionalism to the website or service, enhance the usability of the website as well as make it easier to understand and navigate thereby boosting site ranking by providing better results in the paid and organic search results and support the overall objectives of the business. 

The company’s website or service follows all relevant data protocols, namely, DNS, HTTP, TLS including network protocols such as address resolution protocol, border gateway protocol, domain name system, dynamic host configuration protocol, file transfer protocol, hypertext transfer protocol, internet protocol, open shortest path first or routing information protocol, simple mail transfer protocol, telnet, transmission control protocol, and user datagram protocol. 

Its data protocols shall exclude exclusive advertisements that are published from time to time and addressed to specific group. The world wide web of the company is the subset of superset that is the internet. 

The relevant address scheme in the website or service of the company clarifies the requirement for communication in a computer network. With the scheme, packets are forwarded from one location to another. Each layer of transmission control protocol or internet protocol stack model produces a header that communicates with hosts through a network and a payload of data encapsulated in a frame by the link layer header, the network layer header, and the transport layer header is carried over a link. Within any of these three headers, each source or destination is assigned an address as identification for the corresponding protocol layer. 

A navigation menu in the website or service is an organized list of links to other web pages, usually in-the-website or service pages, which allows its clients and service users to flow from one page to another without frustration, and click and look through resources available in the website or service. 

The website or service has web pages, namely, home page, about page, service page, gallery page, blog page, forms page, contact page, and CMDP login page. These pages are hypertext documents on the world wide web of the company. The website or service does also have a ‘book training’, and a ‘CINP’ menu. The system, application, and website send, receive, and connect data from different sources. The company aims to provide an integrated information with a combination of software that combine different database from various sources with data integration tools, visualization, and models. As a strategic tool, the company’s website or service shall function as an information management system that gives its clients and service users competitive advantages and helps them in achieving strategic goals, based on a special management ideology and using the latest technologies, including a number of functional subsystems that cover all areas of their business by having all of the data up-to-date at one and secured location, better communication platform, reducing risk of errors thereby enhancing system’s productivity. 

The uploading of information shall mean transmission of a file or data from a local device of the clients and service users in the website or service to a remote device, while downloading of information shall mean the transmission of a file or data from one computer to another over a network, usually from a large server to device used by its clients and service users. Linked information is structured data and file available in the website or service, which is interlinked with other data and file so it becomes more useful through semantic queries. It is a paradigm for publishing data on the website or service and collaborating with users and machines. 

Data forms are section in the website or service of the company that contain one or more input elements, such as text boxes, checkboxes, radio buttons, dropdown lists, and buttons, which allows the clients and service users to enter and select data that can be sent to a server or another web page for processing.

Service means the web-site and services offered via website or service, collectively referred to as web service that includes captioned services represented by each portfolio of service hosted in the domain, which are professional in nature and delivered to the users or clients, the general and specific conditions to which constitute an agreement between the company and its users and clients, which also include website or services delivered to development sector participants in relation to data, donor, and development activities via website by satisfying all terms and conditions as expressed herein with regards to delivery of such website or service. 

Participation stands for the process by which stakeholders influence and share control over development initiatives and over the decisions and resources that affect them. 

The development sector participants mean implementing partners, development sector agents, welfare ministries, welfare councils, local government, economists, researchers. It includes

1. Donor agency(ies), faith-based organization, non-government organization, international non-government organization, development catalyst, and non-profit media;

2. Civic leaders, human right activists, professionals, development sector practitioner, contractors, experts, development staffs, voluntary sectors and sectoral players, public representatives, development partners;

3. Formal and informal groups, self-help groups, involved citizens/community members, technical group, private sector institutions for the development of SDG principle and priorities by leveraging skills and efficiencies, sharing risks and providing finance to accelerate development and align with inclusive objectives of the governments; 

4. Economic and social interest group; local government, and even interrelationship between human activities and natural resources., which is complex and integrated.

Web service is service that is available over the internet or intranet networks of the company with standardized messaging system whether or not independent of a single operating system or programming language 

1. Which is self-described via standard languages and discoverable through a simple location method that describes accessibility of the website or service, supports communications among numerous applications; and 

2. Which comprises of streamlined data exchange among various technologies, formats, and operations; internet information system, and remote procedure call; description, discovery and integration; uniform resource locators, request/response headers, caching, and versioning; content formats, data processing, including, but not limited to, all message format, working principle;

3. Use cases that request operation on the remote server; http methods to operate the data object, resource driven applications, command and action oriented APIs; remote error logging, client and server application on windows operating system; monitoring program control, payment gateways and processors to handle payment transactions; social plugins; languages including markup language such as web service description, conversation, flow, meta data exchange, and  interface for network services; mail transfers, communication and connectivity between devices; and data movement between server and clouds.

The company also develops new functionalities and features to improve its website or service. For example, the company is developing a comprehensive Partnership Agreement Assessment (CPAA) checklists to assist development sector participants to achieve Sustainable Development Goals (SDGs) through mutual help and work. In the meantime, the company may also come up, as part of the continual improvement, software to help its clients and service users enhance the quality of works by substantially reducing the cost of doing business. 

Some of its services shall let its clients and users remain fully updated with the recent changes and emerging developments. The software in website or service may also include downloadable software, which is valid worldwide, non-exclusive, non-assignable on payment of subscription fee, however, its clients and service users shall not copy, modify, distribute, sell, or lease any part of its website or service.

Use of the website or service by employees of the company is permitted and encouraged where such use supports the goals and objectives of the business. However, the company has a policy for the use of the website or service whereby employees must ensure that they comply with current legislation, use the website or service in an acceptable way, and do not create unnecessary business risk to the company by their misuse of the website or service. 

In particular, the activities hereinafter stated shall be deemed unacceptable use or behaviour by employees 

1. Visiting website or service that contain obscene, hateful, pornographic or otherwise illegal material; and using the computer to perpetrate any form of fraud, or software, film or piracy of any lawful content and material; 

2. Using the website or service to send offensive or harassing material to other users; downloading commercial software or any copyrighted materials belonging to third parties, unless such download is covered or permitted under a commercial agreement or other such license; and hacking into unauthorized areas; 

3. Publishing defamatory and/or knowingly false material about the company, colleagues, staffs, clients and service users on social networking sites, 'blogs' (online journals), 'wikis' and any online publishing format;

4. Revealing confidential information about the company in a personal online posting, upload or transmission - including financial information and information relating to its customers, business plans, policies, staff and/or internal discussions; and 

5. Undertaking deliberate activities that waste staff effort or networked resources; and introducing any form of malicious software into the corporate network.

The business-related information produced, collected and/or processed by staffs shall remain the property of the company, which shall include such information stored on third-party websites such as webmail service providers and social networking sites, such as Facebook and LinkedIn. The company accepts that the use of the website or service is a valuable business tool. However, misuse of this facility can have a negative impact upon employee productivity and the reputation of the business. 

In addition, all of the company's web-based and internet-related resources are provided for business purposes only. Therefore, the company maintains the right to monitor the volume of internet and network traffic, together with the website or service visited. The specific content of any transactions will not be monitored unless there is a suspicion of improper use. Where it is believed that an employee has failed to comply with the terms and conditions expressed herein, they will face the company's disciplinary procedure. If the employee is found to have breached the terms and conditions, they will face a disciplinary penalty ranging from a verbal warning to dismissal. 

The actual penalty applied will depend on factors such as the seriousness of the breach and the employee's disciplinary record, which shall be specific to the business of the company. The disciplinary process shall be enshrined separately in the employment contract. 

Hence, all company employees, contractors or temporary staff who have been granted the right to use and access the company's website or service shall be required to sign this agreement confirming their understanding and acceptance of the terms and conditions expressed herein.

Use of email by employees of the company is permitted and encouraged where such use supports the goals and objectives of the business. However, the company has terms and conditions expressed herein for the use of email whereby the employee must ensure that they comply with current legislation, use email in an acceptable way, and do not create unnecessary business risk to the company by their misuse of the email service. 

In particular, the activities hereinafter stated shall be deemed unacceptable use or behaviour by employees:

1. Using the communication system of the company to set up personal businesses or send chain letters; and forwarding of company confidential messages to external locations; 

2. Distributing, disseminating or storing images, text or materials that might be considered indecent, pornographic, obscene or illegal; and distributing, disseminating or storing images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is a personal attack, sexist or racist, or might be considered harassment; 

3. Accessing copyrighted information in a way that violates the copyright; breaking into the company's or another organization’s system or unauthorized use of a password/mailbox; 

4. Broadcasting unsolicited personal views on social, political, religious or other non-business-related matters; transmitting unsolicited commercial or advertising material; and 

5. Undertaking deliberate activities that waste staff effort or networked resources, and introducing any form of computer virus or malware into the corporate network.

The company accepts that the use of email is a valuable business tool. However, misuse of this facility can have a negative impact upon employee productivity and the reputation of the business. In addition, all of the company's email resources are provided for business purposes. Therefore, the company maintains the right to examine any systems and inspect any data recorded in those systems. 

In order to ensure compliance with the terms and conditions as expressed herein, the company also reserves the right to use monitoring software in order to check upon the use and content of emails. Such monitoring is for legitimate purposes only and will be undertaken in accordance with a procedure agreed upon with employees. Where there is a belief beyond reasonable doubt that an employee has failed to comply with the terms and conditions, he/she will face the company's disciplinary procedure. If the employee is found to have breached the terms and conditions, he/she will face a disciplinary penalty ranging from a verbal warning to dismissal. 

The actual penalty applied will depend on factors such as the seriousness of the breach and the employee's disciplinary record, which shall be specific to the business of the company. The disciplinary process shall be enshrined separately in the employment contract. Hence, all company employees, contractors or temporary staff who have been granted the right to use and access the company's email service shall be required to sign this agreement confirming their understanding and acceptance of the terms and conditions expressed herein.

The email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the authorized person and do not necessarily represent those of the company. If someone is not the intended recipient of the email, he/she must neither take any action based upon its contents, nor copy or show it to anyone. Accordingly, they are expected to contact the sender if they have a reasonable belief to have received the email erroneously.

Clients and service users mean corporate and non-corporate clients, who are delivered website or service under the terms and conditions expressed herein.

The terms of service also apply to a particular service, where the company can also list additional terms to such service. Hence, these terms of service have to be read in conjunction with general terms of service. The terms of service, additional terms, and policies define the relationship and mutual expectations of the company with its clients and service users as they use such service. However, its fee-based service products and developers developed API products shall have their own terms of service as well. The company updates its terms of service as and when it develops new service products or developers developed API products, and it does the best to keep its terms up to date, and aspires to refresh these terms regularly. Hence, the company requests its clients and service users to read carefully its terms of service each time they log into its website or service.

The entire communication with the clients and service users is electronic. Every time the clients and service users send the company an email or visit its website or service, they shall be deemed to have communicated with the company, who hereby consent to receive communications from the company. If they subscribe to the news on its website or service, they shall receive regular emails. The company shall continue to communicate with them by posting news and notices on its website or service and by sending them emails. The clients and service users also agree that all notices, disclosures, agreements, and other communications, which the company provides to them electronically meet the legal requirements that such communications be in writing.

Content refers to content such as text, image and other information that can be posted, uploaded, added, created, submitted, distributed, linked, or otherwise made available to and by its website or service users regardless of the form of the content. 

The website or service allows clients and service users to post their content, hereinafter referred to as user specific content. The clients and service users are responsible for the content that they post to the website or service, including its legality, reliability, and appropriateness. By posting content to the website or service, they grant company the right and license to use, modify, publicly perform, publicly display, publicly access, reproduce, use, re-share and distribute such content on and through the website or service or across the web. 

The clients and service users retain any and all of their rights to any content they submit, post or display on or through the website or service and they are responsible for protecting those rights. They agree that this license includes the right for company to make their content available to other users of the website or service, who may also use their content subject to these terms.

The clients and service users represent and warrant that the content is their i.e. they own it, they have the right to use it and grant the company the rights to do with the contents as provided in the terms and conditions; and the posting of their content on or through the website or service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any kind or any person. 

The website or service contains material which is owned by or licensed to the company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is strictly prohibited other than in accordance with the copyright notice, which shall, at all times, form part of the terms of service expressed herein. 

All trademarks reproduced in the website or service, which are not the property of, or licensed to, the company shall be acknowledged on the website. Unauthorized use of the website or service may give rise to a claim for damages and/or be a criminal offence. The company is not responsible for the content the clients and service users share on website or service to the extent they are relevant to perform the contract and agreement in course of normal business of the company in a principal to principal basis. 

1. The clients and service users expressly understand and agree that they are solely responsible for the content and for all activity that occurs under their account, whether done so by them or any third person using their account; 

2. The clients and service users shall promise that such user content and its use does not violate the terms of the service, applicable laws, intellectual property, copyrighted works, or other rights of any kind of any third party; and 

3. Such user content does not imply any affiliation with or endorsement of user content by the company or any person or entity without the prior express written consent from the company or such person or entity.

The content of the pages of the website or service is for general and specific information and use for its clients and users, which is subject to change without notice. The website or service use cookies to monitor browsing preferences. If its clients and service users allow cookies to be used, the website or service may collect, store and process personal information from its clients and service users, which inter-alia includes the email addresses, phone numbers, linked websites, URLs, name and address, social media profile, log-in credentials, contact and other information (read privacy policy of the company). 

The company may provide warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website or service for any particular purpose. However, its clients and service users shall acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The use of all or any information or materials on this website or service requires a full understanding of its clients and users as to the information or materials provided herein, however, the company ensures that information, content, services or information available through this website or service meets general and specific requirement of its clients and service users.

The clients and service users retain ownership rights in their content. However, the company shall require them to grant certain rights to the website or service or other users of the website or service. If there is material change in the agreement, the company shall provide its clients and service users with reasonable advance notice and the opportunity to review the changes except when the company launches a new service with different features, and in urgent situation, such as preventing ongoing abuse or responding to legal requirement requiring immediate compliances. If the clients and service users do not agree to the new terms, they shall remove any content they have uploaded and stop using the website or service.

From time to time, the website or service may also include links to other websites. These links are provided for the convenience of the clients and users to provide them further information. They do not signify that we endorse the linked website(s). However, the company has no responsibility for the content of the linked website(s). 

The clients and service users shall not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

1. Unlawful or promoting unlawful activity;

2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;

3. Spam, machine-or-randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of unsolicited commercial email;

4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;

5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;

6. Impersonating any person or entity including the company and its employees or authorized persons or representatives;

7. Violating the privacy of any third person; and

8. False information and features.

The company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with the terms, and refuse or remove the content. The company further reserves the right to make formatting and edits and change the manner in which content can be reasonably displayed. The company can also limit or revoke the use of the website or service if the clients or service users post such objectionable content. 

As a condition of use, the clients and service users shall 

1. Promise not to use the website or service for any purpose that is unlawful and prohibited by law, and by the terms of the service, or any purpose not reasonably intended by the company;

2. Unconditionally agree not to use the website or service to abuse, harass, threaten, impersonate or intimidate any person; post, transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any kind of any person; 

3. Communicate with the company and its authorized person in an abusive or offensive manner; for any purpose (including posting or viewing content) that is not permitted under the relevant laws of the country or jurisdiction where the website or service is used;

4. Post, transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from the company and its authorized person; create or transmit unwanted spam to any person or any uniform resource locator (URL); and

5. Create multiple accounts for the purpose of obtaining resources in an unlawful manner; and post copyrighted content that does not belong to the clients and service users, unless they comment on visual content in blogs, but they may post such content subject to providing appropriate attribution to the copyright owner and a link to the source of the content.

Although regular backups of content are performed, the company does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed. The company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of content. But the clients and service users acknowledge that the company has no liability related to the integrity of content or the failure to successfully restore content to a usable state. The clients and service users agree to maintain a complete and accurate copy of any content in a location independent of the website or service.

The company recommends its clients and service users that they install appropriate defense against viruses and other malware before they download any information from this website. The company accepts no liability for any virus or malware contracted as result of visiting the website or service or any other linked website and shall not be liable for any claim of losses, damages, costs or expenses suffered or incurred by them as a result of the presence of any virus or malware on the website or service. 

The company makes every effort to keep the information, content, and/or material and information on the website or service accurate, however, the company disclaims any warranty or representation, expressed or implied about the accuracy, appropriateness and completeness of the information, content, and/or material except for a particular purpose. Thus, by using the website or service, the clients and service users assume full responsibility for using the information, content, and/or material on the website or service and they understand and agree that neither the company nor its software vendors nor any of its authorized person is responsible or liable for any claim, loss, damage, costs or expenses resulting from the use of website or service.

Third-party service means any website or service and/or content (including data, information, or service) provided by a third-party that may be displayed, included or made available by the website or service. Third party service shall include third party social media service, which means any service or content (including data, information or online service) provided by a third party, that may be displayed, included, or made available by the service.

The website or service may contain links to third-party web sites or services that are not owned or controlled by the company. Its endeavors shall be to ensure quality and consistency of work. However, the company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services including third party web content. The clients and service users shall further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

Hence, it is strongly advised to read the terms and conditions and privacy policies of any third-party web sites or services that the clients and service users visit. As the company cannot control all content posted by users and/or third parties on the website or service, the clients and service users agree to use the website or service at their own risk. They understand that by using the website or service they may be exposed to content that they may find offensive, indecent, incorrect or objectionable, and they agree that under no circumstances will the company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of their use of any content.

The clients or service users agree not to disclose their password to any third party. They must notify the company immediately upon becoming aware of any breach of security or unauthorized use of their account. They may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Website visitor means a user who visits the website or service offered by the company and includes any individual internet user accessing the website of the company.

Internet user means the visitors to the official website of the company or any other internet distribution channel that generate a reservation for one of the company’s properties using the services. It is also an agency, employee including contractual employee, or other agency and their authorized person who access the official website of the company, and who also perform a query. It also includes individual or legally registered entity on the website of the company, who holds the capacity to share their own content either in their name or in virtue of a third-party power of attorney authorizing them to do so.

Partner means MoU partners of the company and includes business and other partners. MoU partners are the partners of the company, who become such partners by virtue of the understanding entered into between the company and such other companies to undertake an activity under some defined terms and conditions with or without sharing the cost and revenue in relation to such activity undertaken as may be stipulated under such understanding, who may also be the members of the joint committee. All MoU partners and their mutual activities shall adhere to Assessable Transparency Operational Charter (ATOC). Business Partners are the partners of the company, who become such partners by virtue of their sharing cost and revenue in relation to activities undertaken jointly by the company and such partner as may be designated as the business partner of the company.

The business partners are the partners of the company involved in a legal partnership that determines shared ownership and operation of its business. The partnership may be between two people, two businesses, or shared among any number of people and organizations. 

The company collaborates with its partners on a business-to-business basis, but does not share control of its website or service or the company’s operation with them. Its business partner includes advertisers, publishers, affiliate agencies, advertisement and technology vendors, and industry organizations. A business partner is a commercial entity with which the company has some form of alliance. This relationship may be a contractual, exclusive bond, memorandum of understanding (MoU), and joint venture agreement. A joint venture partnership shall be a formal agreement to share responsibilities, activities, costs and revenue of a combined operation. The company undertakes partnership agreement(s) to increase its clients’ and service users’ base, increase its operation, and sources of funding for a common program or project. Its partnerships may usually involve sharing business resources, profits and liability.

Joint venture partnerships are essentially a combination of all partnerships and the company may enter into a joint venture partnership because of its flexibility in its legal terms and structure. This means that a limited liability partnership or general partnership can technically be a joint venture. In joint venture partnership, all parties shall combine assets and resources to complete a specific project. 

Such partnership can be a prominent partnership for the company to enter markets for the first time. This is because, through the collaboration of partners, the project can receive an abundance of resources and assets. Partners in a joint venture project shall typically agree on their liability before entering the partnership, who share profits, losses and intellectual property in a joint venture. The company as a joint venture partner may also determine the percentage of ownership for each partner involved before they agree to a joint venture.

The company may also enter into a strategic partnership, which shall essentially be an agreement between the company and other organisations to assist each other for mutual benefits. A strategic partnership shall differ from a business partnership because it does not change the ownership structure. Strategic partnerships shall have several types of partnerships to serve unique purposes, but they shall all mutually benefit the parties involved. The company can also enter into partnership with development sector participants to achieve the United Nation’s consideration of sustainable development goals.

Supplier or Vendor means the person, business or entity that provides or makes available goods or services, including Information communication technology and related products and services to the company, who forms part of the supply chain of the company’s business. Information communication technology and related products and services mean software, hardware, network, transaction, communication technology, data, application, internet access, satellite system and cloud computing utilized by the website or service of the company to enable the function of information processing and communication by electronic means. It includes traditional computer-based technology and digital communication technology. The company respects the consideration of United Nation as one of its sustainable development goals to “significantly increase access to information and communication technology and strive to provide universal and affordable access to the internet in the least developed countries.”

Staffs mean the personnel responsible for the internal operation of the company, who work for the company, often for a special purpose, and who work for the executive director of the company in carrying out an assigned task or specific function. Executive Director is the director of the company, who is appointed as such as an executive director.

Login Credentials mean user name and passwords with or without personal identification numbers to authenticate the users of the company when logging into an online account of the company over the internet. The clients and service users have to register themselves online to create an account. Only the authorized persons are legally permitted to use the website or service of the company. The online account for the client and service users mean and shall only mean a CMDP login platform.

The login credential of the clients and user is a set of unique identifiers–such as a username and password–that enables them to verify identity in order to log into online account of the company. Failure to use secure passwords negates cybersecurity software and tools like firewalls and virtual private networks (VPNs). The credentials allow its clients and users to access company’s website or application, who need to enter their login credentials every time they want to use the website, service or web application of the company. 

The clients and users, who are development sector participants can register on the website or service using their existing email address, create a new email address specifically for that site, or do so through another social media account connected to the website. When creating an account, the clients and service users shall be asked to enter their username and password. Users may have different login credentials for different services in CINP Multiple Donor Platform (CMDP). 

The credentials shall verify the identity of a person logging into the system. The clients and service users shall use static type of login credentials that is generated and saved on company’s server, which remains the same throughout their entire login session. This means that their password shall remain the same unless they update it.

The clients and service users are advised to use a password manager to keep track of login credentials, use long passwords with letters, numbers, and symbols; avoid common words in passwords, and not to use the same for multiple websites or applications. A unique strong password for their online accounts protects the clients and service users from potential data leaks. It is advisable to generate, consolidate, and autofill strong and secure passwords for the CMDP accounts to strengthen privacy and boost productivity online from any device or locations.

Entities or persons who are legally prohibited mean the entities or persons whose registration, renewal and extension for registration and renewal have been withdrawn or suspended owing to some legal consequences by virtue of commitment of such acts considered unacceptable under any laws, which includes:

1. Causing intentional damages to ICT facilities, materials, and online resources;

2. Information (data or graphics) posted, sent, or stored online that is illicit or causing detrimental effect to the relationship with the business partners;

3. The use of abusive or otherwise objectionable language while communicating with the company in course of business transactions;

4. Using company’s network so as to interfere with or disrupt network users, services, or equipment; and gaining unlawful access to services, sites, system, resources, and people, and knowingly circumventing online security measures;

5. Using email or social media to embarrass or defame by posting illicit texts, comments and/or photographs;

6. The use of obscene, pornographic, vulgar, threatening, harassing, abusive, defamatory, language or other graphic communication, which creates a substantial risk of materially and substantially disrupting the corporate image of the company; and

7. Performing actions or conducting activities considered offence under Electronic Transaction Act, 2063 (2008), namely, pirating, destroying or altering the source code of the computer; gaining unauthorized access to computer materials; causing damage to any computer or information system; publication of illegal material in electronic form; making false statement; submission or exhibition of false licenses or certificates; non-submission of recommended statements or documents; and committing fraud on the computer:

The payment for website or service requested and delivered by the company shall have to be made only through authorized payment method as per the policy of the company. No physical method of payment except cheques payment are allowed. All online methods of payment are allowed. All payments including online debit and credit card payments are subject to validation checks and authorization by the card issuer. If the company does not receive the required authorization, the company will not be liable for any delay or non-delivery of the requested website or service.

By using the website or service, the clients and service users agree to abide by the terms of the payment and make payment for all services as consideration and such services must be requested from their account with respect to services underlying each portfolio rendered in accordance with the terms of the invoices in effect at the time such services are requested from their account. The clients and service users shall agree to pay all applicable taxes. 

To make a service request from their account, the clients and service users shall provide valid payment information (e.g., credit card, debit card, QR processing, swift transfer or direct account transfer) through website or service or application including the valid payment gateway as may be provided by the company. 

By requesting a service through their account, the clients and service users shall also agree and authorize the payment methods they provide to be immediately charged for all fees and taxes applicable to their service request; the authorized person/system of the company to automatically charge alternative payment methods associated with their account if a primary payment method is declined or no longer available; the authorized person/system to share payment information and instructions required to complete the payment transactions between the company, its clients and service users, payment processor system including swift transfer,  and third party payment service providers (e.g., credit or debit card transaction processing, merchant settlement whether or not separately billed to the merchant, and related services including multi-currency processing); and acknowledge and understand that no additional notice or consent shall be required for the foregoing authorization. 

The clients and service users agree to immediately update their account in the event of any change in their payment information. The company reserves the right at any time to change its billing methods (e.g., manual or electronic). If a payment method cannot be verified, is invalid or is otherwise not acceptable, their service request may be suspended or cancelled. If a payment is not successfully made or the clients and service users do not edit their payment method or cancel the request for a service, they shall be responsible for any uncollected amounts and authorize the company to continue billing the payment method, as it may be updated. The company reserves the right to collect any outstanding payment due, and may transfer the collection of their outstanding balance to a third-party collection agency.

The subscription fees and rentals for use of website or service shall remain fixed during the initial term of the subscription unless there are more request for services that exceeds the previously agreed upon limits. Hence, there shall be increase in subscription fee and rental once the service requests exceed the applicable limits; there is upgrade in service or base package; and when the clients and service users subscribe to additional features otherwise agreed upon during initial terms of the service. The fees and rentals are hence adjusted according to service specific terms. For each charge of the fees and rentals, a separate contract or agreement shall be undertaken, which shall be different for different client or service user.

Intellectual Property shall mean any creations of the mind in the fields of inventions, literary and artistic works, scientific works, symbols, names and images used in the website or service of the company and include copyright and related rights. Intellectual Property shall also include:

1. Knowledge, resources, and geographical indication as well as property of the company such as its patent for invention, integrated design including graphic designs, design standards, logos, program banners, and detailed works (original) 

2. Logical and data resources, database, transaction data, host data, standard datasets, log-in data, computer programs, software and applications, computer assisted tools and techniques, information and access policy, web platform, login credentials, network and peripherals; 

3. Electronic records, and digital signature, electronic certificate, algorithms, source codes, identification information, public and private keys, and web and digitized content; 

4. Checklists, agreements, memorandum of understanding (MoUs), transparency charter, program banners, processes, models including network models, labels, posters, forms and layouts, techniques, technical know-how, and assessment criteria (e., g FPLA-DD) applied by the company;

5. News and articles, blogs, audio and audio book, online and offline library, texts, video, movies, sound recordings, documentary, images, visual materials, photographs, paintings, drawings including technical drawings, and art works;

6. Prints and print-outs, three-dimension arts, documents and records, operation manuals, letters, emails, sheet music, signages, pamphlets, brochures, catalogs, promotional materials, instructional materials, slides, samples, and compilations; 

7. Guidelines (e.g., CINP-g), books, script, dramatic and musical works, creative and created works, presentation, exclusive rights, including electronic rights;

8. Promotional materials, fair use, revisions, changes, modifications, alterations, improvements, and derivatives of or to such revisions, changes, and modifications, and trademarks; and

9. The website www.symbisosis.com.np, its graphics, logo, digital images, digital information, news and media, designs, page headers, button, icons, scripts, web content, service names represented by a particular category of service portfolio. 

The trademarks of the company shall not be used in connection with any of the service requested by the clients or service users without the prior consent of the company. The company also respects the intellectual property rights of others. Therefore, its policy is to respond to any claim that content posted on the website or service infringes a copyright or other intellectual property infringement of any person. For any infringement of the copyright the clients and service users can submit their notice in writing to the attention of Quality and Assurance (Q&A) department via email director@symbiosis.com.np with a detailed description of the alleged infringement. Moreover, the clients and service users shall be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing their copyright. 

Upon receipt of a notification, the company shall take, in its sole discretion, actions which it deems appropriate and necessary, including removal of the challenged content from the website or service. The pending litigations against the infringement shall be decided upon by the district court in case the district government attorney files the case by demanding necessary penalty, imprisonment, and compensation (if required) in the district court. Alternatively, the copyright’s registrar office may settle the disputes related to infringement of the copyright through arbitration.

The clients or service users may submit a notification pursuant to The Copyright Act 2059 (2002), earlier The Copy Right Act, 1965, by providing Quality and Assurance (Q&A) department with the following information in writing:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

2. A description of the copyrighted work that their claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. Identification of the URL or other specific location on the website or service where the material that they claim is infringing is located;

4. A statement in writing that they have a reasonable belief that there is infringement of the copyright work and the disputed use is not authorized by the copyright owner, its agent, or the law; and

5. A statement in writing, whether or not suit has been filed, that the above information in their notice is accurate and that they are entitled to act on the behalf of the owner of the copyright work.

The copyright shall provide exclusive and related rights to the company as the owner of the rights to protect by law and use its broad range of copyright related works it has created including its published and unpublished works in whatsoever forms provided such works are fixed in a tangible or material form. 

The exclusive rights shall include right of reproduction, translation, adaptation, arrangement, alteration, public performance, broadcasting, communication to the public, distribution, and rental; while, related rights shall provide protection to those who assist the company in the communication and dissemination of its original works to the public. The related right shall include, namely, the right of performers, digital recorders and broadcasting organizations.

The website or service shall include the original works of the company (except the content provided by the clients and service users), including, but not limited to, its features and functionality shall remain the exclusive property of the company and its licensors. The website or service is protected by copyright, trademark, and other laws of the country, which refers to Nepal and all the countries where parties to the contract and/or agreement are aggrieved by such infringement reside. 

This website and its content are copyright of the company - © symbiosis consultancy private limited (2023). All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than generating prints and making downloads to a local hard disk extracts for personal and non-commercial use only and copying the content to individual third parties for their personal use, but only if its clients and service users acknowledge the website or service as the source of the material. Its clients and service users shall not, except with the express written permission of the company, distribute or commercially exploit the content. Nor shall its clients and service users transmit it or store it in any other website or other form of electronic retrieval system.

The copyright shall include moral rights to claim authorship of a work and the right to oppose changes to it that could harm the company’s right as a creator and that the such authorship shall not be transferred in any condition. Hence, the company shall have right of authorship, disclosure, right to make necessary amendment for improvement, right concerning the works integrity as contemplated under section 8 of the Copyright Act, 2059 (2002). The authorship shall also apply to the Core Inclusion Nepal Program Guidelines (CINP-g).

Additionally, the copyright shall include economic rights of the company to transfer its rights through the written agreement to the business holders/users with clear provision regarding the royalty/remuneration to the creators by undertaking any expressed or implied contract and/or agreement in this regard for such transfer of authorship. The economic right shall include, among other, the right of reproduction, broadcasting, public performance, adaption, translation, public recitation, public display, and distribution.

By agreeing to these terms and conditions, its clients and service users agree that any dispute, claim, or request for relief relating in any way to their access and use of the website or service , to any service requested and so delivered through website or service, or to any aspect of their relationship with the company, will be resolved by binding arbitration before presenting the dispute, claim, or request for relief in the court except where such dispute, claim, or request for relief qualifies to be presented firsthand in the court; when both the parties seek equitable relief in the court for infringement or other misuse of the intellectual property right (such as trademarks, trade names, domain names, business secrets, copyrights, and/or patents). This arbitration agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or asserted before the effective date of this agreement or any prior version of this agreement.

The website or service provided to the clients and service users is "AS IS" and "AS AVAILABLE" with minimum defects but without warranty of any kind. The company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website or service, including all implied warranties of serviceability. 

However, the website or service shall be tested for fitness for a particular purpose and non-infringement of rights reserved with the clients and service users to meet the minimum requirement, achieve intended results, meet minimum performance or reliability standards or be error free such that any errors or defects can or shall be corrected. In harmony with the foregoing, the company shall provide website or service with requisite, error-free, accurate, reliable, current, secured, and minimum information, content, and materials by ensuring to the extent possible the provision of dedicated servers including cloud services. 

The company makes available through website or service sample and actual forms, checklists, agreement, memorandum, business and legal documents (collectively documents). Some documents shall be made available on exclusive license basis only for the business purpose, while some documents shall be made available for personal, onetime and non-commercial use or purposes, without any right to re-license, sublicense, distribute, assign, or transfer such documents. Some documents are provided with a charge or nominal fee with or without representation by ensuring minimum warranty as to their suitability, legal effect, completeness, currency, accuracy, and/or appropriateness. 

The documents are provided ‘as is’, or ‘as available’ by making all efforts to keep minimum the faults by ensuring additionally their fitness for a particular purpose. However, the documents might require that in particular circumstances the clients and service users shall have to determine its appropriateness, test them for fitness for a particular purpose, and ensure that what laws or additional provision are required and in effect so that they produce the desired results and outcomes. 

Hence, the clients and service users are advised to consult with their legal counsel to determine the appropriate legal or business documents necessary to give legality to a particular transaction. Some documents are provided on ‘sample only’ basis and may not be applicable to a particular situation or meet particular business need or achieve a desired result or an outcome. Some document are public domain forms or available from public records. 

When the clients and service users create an account with the company in its website in order to validate their login credentials, they must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of their account on website or service. They shall be responsible for safeguarding the password that they use to access the website or service and for any activities or actions under their password. 

The company shall terminate or suspend the account of the clients and users immediately, without prior notice or liability, for any reason whatsoever, including without limitation if they repeatedly breach the terms of service. 

If the company receives a valid notification from a third party in accordance with the reporting process of the company or applicable law that any of the user content infringes the copyright or other rights of such third party, or if the company has a belief beyond a reasonable doubt that the behaviour of the clients and users violate the community guidelines; the company shall send a written warning to this effect. Any client or user that receives more than 2 of these warnings shall be liable to have his access to the website or service terminated forthwith. The company shall also suspend or terminate his/her account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by the company at its discretion. 

The company may suspend or terminate the subscription of its clients and service users including their account if they are found to have materially breached the terms of the service and failed to cure that breach within 15 days after the company has so notified them in writing; ceased their business operation or become subject to insolvency proceedings/closure of business and the proceedings are not dismissed within 90 days; failed to pay the subscription fee, invoice value, and/or rentals for 30 days past the due date. 

Additionally, the company may limit, suspend, or terminate the website or service including the account of the clients and service users if they fail to comply with the terms of service; if they use the service in a way that causes legal liability to the company or disrupts others’ use of the website or service; the company is investigating a suspected misconduct by its clients and service users by giving an advance notice and opportunity to obtain the content of the clients and service users from the website or service except where it is virtually certain that the suspected misconduct is serious and signifies the serious breach of the terms of service. 

However, the company shall use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension as may be needed to resolve the issue that prompted such action. The company shall have no obligation to retain the content of its clients and service users upon termination of the applicable website or service. 

The company does not offer refunds of the subscription fees and rentals to the clients and service users, who are subscription account holders and whose accounts are suspended or terminated as a result of repeated infringement or any violation of the terms of service or the community guidelines. Upon termination, their right to use the website or service will cease immediately. If they wish to terminate their account, they may simply discontinue using the website or service.

The clients and service users shall assign all rights, title and interest in any feedback they provide the Company. If for any reason such assignment is ineffective, they shall agree to grant the company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction. Feedback shall mean feedback, innovations, or suggestion sent by the clients and service users regarding the attributes, performance, and features of the website or service.

Except to the maximum extent permitted by applicable law, in no event shall the company or its authorized person be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the website or service, third-party software and/or third-party hardware used with the website or service, or otherwise in connection with any provision of the terms and conditions expressed herein), even if the company or its authorized person has been advised of the possibility of such damages and even if the remedy fails of its essential purpose, which means that each party's liability will be limited to the greatest extent permitted by law.

If some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of the clients and service users, such exclusions and limitations may not apply to them. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. The laws of the country, excluding its conflicts of law rules, shall govern the terms and conditions of the website or service as expressed herein. The website or service including the use of the application may also be subject to other local, state, national, or international laws. If the clients and service users have any concern or dispute about the service, they shall agree to first try to resolve the dispute informally by contacting the company. It is, therefore, by using the website or service, the clients and service users agree that under no circumstances shall the company be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of the use of website or service. 

Additionally, the center to web page may not be available for damages in connection with any failure of performance, error, denial of service attack, interruption, deletion, defects, delay in operation or transmission, computer virus or malware, online or system failure; loss of revenue, anticipated profits, business, savings, goodwill, or data; and third-party theft of, destruction of, unauthorized access to, alteration of, or use of user information, content, and/or material or property, regardless of negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. 

The foregoing disclaimer shall apply even if the centre to web page has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, the liability of the company is limited to the fullest possible extent permitted by law. In no event shall the cumulative liability of the company to its clients and users exceed 25% of the invoice value or subscription fees and/or rental for use of website or service.

All the terms of the service applicable for services, namely, CINP Services, DDD Specific Services, Training Services, Specific Services,, and Other Services provided in the Envisioned Evaluation Portal (EEP), namely, www.symbiosis.com.np shall constitute the general terms and conditions of the service.