DACAM Terms Of Service
Terms of Service
Please read the following Terms of Service (Referred as Terms) carefully before using any of the services of DACAM Systems (Referred as DACAM). The use of DACAM's any of services signifies that you agree with all the terms of services. Please DONOT proceed with using the services if you DONOT agree with the terms.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. You can start using our services on acceptance of the following terms. We may modify the terms as per the business need and you may need to visit our site for updated terms form time to time. By continue using our service you acknowledge that you are aware of the latest terms as per the site. Please contact us at firstname.lastname@example.org for any clarifications.
Description of service
We provide web based business applications including Customer Relationship Management software. The software is installed in web server and is accessed by web browsers.
User additions obligations
You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if DACAM has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, DACAM may terminate your user account and refuse current or future use of any or all of the Services. In hosted software application you agree to purchase license as per agreed commercial details for users. Any illegal methods of incrementing users, changing any security files, license files related to licensing is illegal and DACAM has rights to terminate your services and may seek legal actions if appropriate.
You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to email@example.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. You are advised not to provide any administrative rights or confidential business information to any of our staff on real time systems. We are not responsible for any breach occurring due to misuse of any credentials provided by you.
Fees & Payments
You are responsible for settling any payment as per agreed terms and condition. We may take action such as terminating the software support/ license for any delay in payment for more than a month. Also we shall charge late fee and minimum interest of 4 % per month for all the outstanding dues. We charge you for the software licenses & related services alone. You are supposed to take care of recurring expenses such as web account maintenance, domain renewal, SMS, Email usages & 3rd party charges required for running your hosted application. All Fees/ Charges are calculated from the date of customer order.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Business Data & Confidentiality
DACAM may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. You are advised not to share your real business data with us or any of our staff. For implementation/training, we recommend that you should use sample data set & it is your responsibility to maintain your data carefully.
Service Performance & Data Safety
It is your responsibility to choose your hosting provider for the business application hosting. We in no way are responsible for any interruption of service or performance issue arising due to the hosting or other services offered by any third party. You are responsible for taking periodic backup of your data and we are not responsible for any data loss that may occur due to unpredictable situation.
Service Contract beyond warranty period
You are responsible to sign up for service contract beyond warranty of the product/services. We aren’t liable for support or attending to service work beyond warranty period. The service contract values are based on SLA and contract types signed and the rates are calculated based on service level offered to customers.
DACAM logo, the names of individual Services and their logos are trademarks of DACAM Systems. You agree not to display or use, in any manner, the DACAM trademarks, without DACAM’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. DACAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DACAM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DACAM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Cancellation Policy & Refund Statement
If refund is sought due to product technical issues, evidences of nature of complaint date of complaint & support department responses are required. Refund request can be processed if the customer has requested the refund within 3 months from the date of purchase (PO date or initial payment date whichever is earlier).
The refund value will be calculated after deducting the following details
a. Project engagement fee of 25 % is deducted flat from the payment made
b. Any tax or fee paid to third party related to the project
c. Monthly usage service charges as per the agreed commercial details
d. Services charges such as Visit charges, training charges, setup charges or any other related expenses for the project will be adjusted. We charge in man hours for all the services offered as the part of the project and can only provide summary of charges and details can't be provided. The balance amount if any can be paid as required.
Limitation of Liability
YOU AGREE THAT DACAM SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DACAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DACAM RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL DACAM’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless DACAM, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by DACAM.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration under the Indian Arbitration Act, 1996.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org.
Last updated on: 26th December, 2010.