The Plan Order will form the part of the "Agreement" if the person above the age of eighteen (18) Register himself/herself for receiving Comantra services for the desired packages and as per the needs of the user's computer without anyone's undue pressure and with the full consent of the individual ("You") as well as The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by "Comantra" in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Comantra Portal (defined below), or obtain Services (defined below).
"You" means you individually, any person, including any employer that you are acting on behalf of.
"Comantra" is the service mark of Comantra e-Solutions (P) Ltd. All references to Comantra refer to Comantra e-Solutions (P) Ltd.
"SERVICES" AND "Comantra PORTAL"
All references to "Services" refer to any Comantra service plan that you enter into with Comantra through use of the Comantra web portal located at www.Comantra.net (the "Comantra Portal"). These Terms and Conditions govern all plans available through the Comantra Portal, and any use of the Comantra Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order").
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Comantra Portal said materials are the proprietary and copyrighted work of Comantra and/or its suppliers. The definition of "Materials" does not include the design or layout of the Comantra.net Web site or any other Comantra owned, operated, licensed or controlled site.
"Software" means a computer program of any kind, whether owned by Comantra or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the Comantra Portal or by calling Comantra. Once Comantra accepts the Plan Order submitted by you, then you will receive an email from Comantra at the email address that you provide or have provided to Comantra as part of the Registration Process for the Services. Comantra is not responsible for rendering Services in connection with any Plan Order that it has not accepted.
Comantra will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Comantra’s Limited Warranty, which is set forth below. For more information, please refer to online documentation.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. You understand that certain Service Plans may have onetime fee including, but not limited to "Service Fee" and/or "Activation Fee". When you purchased the Service, you agreed to specific FEE and plan, which may have included a term of one, two or three years ("Term Plan"). This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.
Payment Method and Terms
We accept Visa, MasterCard, and American Express, and Diner's Club credit cards and certain debit cards, as forms of payment. By submitting an order through Comantra portal, you authorize the Company, or its designated payment processor, to charge the account you specify for the subscribed amount. When you provide your credit card or debit card number to Comantra, you may authorize us to store your card number and related payment information which will be used only for renewing the subscription packages.
You may be asked to provide us with a debit or a credit card number for subscribing the services as Comantra also uses a very secure and easy mode of payment in order to activate your Service. You hereby authorize Comantra to charge and/or place a hold on your debit or a credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Comantra and/or any other company who bills products or services, or acts as billing agent for Comantra to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Comantra with updated credit card information upon Comantra's request in case any time the information you previously provided is no longer valid. You acknowledge and agree that neither Comantra nor any Comantra affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Comantra's option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional £10.00.
MONEY BACK POLICY
Comantra services are provided to the customer on a state of the art integrated delivery platform by our TECHNICIANS which allows us to support your computer(s) remotely or through chat, mail and phone, by way of a visit to your house by providing a personalized touch. If for any reason you are not satisfied with the same, we offer a refund policy.
ACCEPTABLE USE POLICY (AUP)
GUESTS: LIMITED LICENSE TO THE USE OF Comantra PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Comantra has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use the Comantra Portal and Materials (defined below) specifically designated as available to guests on the Comantra Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Comantra, (b) registering with Comantra and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
USER RESPONSIBILITY AND NO CLAIMS AGAINST Comantra TECHNICIAN
Comantra technicians are highly qualified and certified technician, who has undergone years of practical knowledge and experience. In connection with obtaining Services, you agree that you will cooperate with the Comantra Technician; we will use reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm the things asked by the technicians, if actions taken against the order of the technicians while providing support to the computer and anything wrong happens to the computer then Comantra technicians are not responsible for this kind of faults and you should agree not to claim from Comantra for the damage or any kind of malfunctions in favour of your computer.
END USER LICENSE AGREEMENTS – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by Comantra or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by an end user license agreement from Comantra or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
END USER LICENSE AGREEMENT FOR Comantra SOFTWARE
With regard to any Software made available to you by Comantra through the Comantra Portal for which your acceptance of a separate license agreement is not required ("Comantra Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Comantra to use the Comantra Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Comantra Software. You agree that the Comantra Software is the confidential and proprietary information of Comantra or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Comantra's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Comantra's ability to schedule a support session. You hereby release Comantra from any and all liability, and agree that Comantra shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Comantra or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result from:
5.1 External causes such as accident, abuse, misuse, or problems with electrical power;
5.2 Usage that is not in accordance with product instructions provided by manufacture;
5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
5.5 Non-Compliance with the Comantra engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Comantra PORTAL, OR THROUGH A SERVICE
For your convenience, Comantra may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Comantra Web site may be copied or retransmitted unless expressly permitted by Comantra. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA)- GENERAL
In connection with our Service, we may provide you certain software which is owned by Comantra or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from Comantra or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA
EULA FOR Comantra SOFTWARE
With regard to any Software made available to you by Comantra through the Comantra Portal for which your acceptance of a separate license agreement is not required ("Comantra Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Comantra to use the Comantra Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Comantra Software. You agree that the Comantra Software is the confidential and proprietary information of Comantra or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Comantra Software, or otherwise reduce the Comantra Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Comantra Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Comantra Software. You acknowledge that this license is not a sale of intellectual property and that Comantra or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Comantra Software and related documentation, as well as any corrections, updates and upgrades.
THIRD PARTY SOFTWARE
As part of the Services, Comantra may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not Comantra directly assists you in the acquisition, installation, and/or use of Third Party Software. Comantra has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the Comantra Software shall remain in full force and effect unless and until terminated by Comantra, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Comantra Software and immediately delete the Comantra Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, Comantra may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Comantra may elect to make available from time to time. Violation of such third party provider's terms of service may, in Comantra's sole discretion, results in the termination of your customer account and use of service.
You agree to indemnify, defend, and hold Comantra , its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Comantra's defence of any claim. Comantra reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Comantra. You agree immediately to notify Comantra of any unauthorized use of your account or any other breach of security known to you.
WARRANTIES & LIABILITIES.
(a) No Warranty on Third Party Software. Comantra MAKES NO WARRANTY OF ANY KIND AS TO THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY SOFTWARE OR Comantra's ABILITY TO RESTORE THIRD PARTY SOFTWARE TO GOOD WORKING ORDER. YOU WILL LOOK SOLELY TO THE SUPPLIER OF THIRD PARTY SOFTWARE TO OBTAIN ANY APPLICABLE LICENSES AND FOR ANY CLAIMS RELATING TO THE PERFORMANCE OF SOFTWARE, AND ANY UPDATES, ON THE REGISTERED COMPUTER.
(b) Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE, REPOSITORIES, DIAGNOSTIC REPORTS, INVENTORY DESCRIPTION FILES AND CONFIGURATIONS) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES IN ONLINE COMMUNICATIONS AND PUBLIC FORUMS. YOU AGREE TO MAINTAIN ORIGINAL MEDIA OR ARCHIVAL COPIES OF ALL SOFTWARE AND CUSTOMER DATA FOR YOUR REGISTERED COMPUTER. THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
(c) Limitation of Liability. Comantra IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE SUBSCRIPTION FEES ACTUALLY PAID TO IT BY YOU DURING OR WITH RESPECT TO THE MONTH PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS Comantra LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOSS OF USE OF YOUR REGISTERED COMPUTER, LOST OR CORRUPTED PROGRAMS OR DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
(d) Indemnification. You agree to defend, indemnify and hold harmless,CoMantra’s services and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service in violation or contradiction of this Agreement, including any claim that your Registered Computer contains unauthorized software or data, or that your Repair &Maintenance Authorization or Archive &Restore Authorization were without legal authority or were legally ineffective to grant the authorization that they purport to grant.
(e) Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service and recover your Subscription Fees, to the extent permitted herein. This applies regardless of whether this exclusive remedy fails of its essential purpose.
(f) Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT Comantra, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Upon termination, Inventory Description Files may continue to be used on an anonymous basis for research and continuous improvement purposes as specified herein or may be permanently deleted, as Comantra may determine. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Comantra's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Comantra Portal is available internationally and may contain references to Comantra products, services, and programs that are not available in a viewer's country. These references do not imply that Comantra intends to make such products, services, or programs available in such country.
CHANGES TO SITE.
We reserve the right to modify, change or discontinue the Service or any feature at any time without notice, except we will give advance public notice of any upcoming price changes. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
Comantra reserves the right to amend the Terms and Condition, and the Comantra Portal at any time by (a) posting a revised version of the Terms and Conditions on the Comantra Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Comantra in connection with registration. You are responsible for regularly reviewing the Comantra website to be notified of any amendments to the Terms and Conditions. Your use of the Comantra Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.