Followings are the terms and conditions to use Karmya Software and System Inc services (which you can get on the Karmya Software and System Inc website or websites owned by it.) Karmya Software and System Inc does not have any hidden terms and conditions. Karmya Software and System Inc provides a legal contract to you with all the terms and conditions mentioned in it. You are requested to please read the below mentioned terms before accepting the contract: these terms contain all the requirements which are needed to be in relation with Karmya Software and System Inc or subsequently avail the services offered by Karmya Software and System Inc website and Karmya Software and System Inc computer support service.
Please read the followings carefully as it contains all important information like fees, contract period, limitations of liability, privacy, our rights to change conditions, and settlement of conflicts by agreement in lieu of court. If you accept the agreement with these terms, then it will imply to all the services offered by us. Your acceptance of these terms & conditions will also imply to Karmya Software and System Inc website. If you do not agree to the terms & conditions, Karmya Software and System Inc will not be liable to provide services to you.
IMPORTANT NOTICE - Limited reclamation period and refund rights: the right to ask for a refund - per incident- plan will expire within thirty 30 calendar days (reclamation period) starting from the date of purchase. During this period if you feel that Karmya Software and System Inc has not provided you satisfactory services, you can ask for a refund for the same. However, that refund will not include the shipping charges, handling charges and any other applicable taxes, except forin certain states and countries where shipping, handling and taxes are refundable.
If you unsubscribe from your existing services with Karmya Software and System Inc, you can ask for a refund, but that refund will also not include the shipping, handling charges and any other applicable taxes, except for in certain states and countries where shipping, handling and taxes are refundable. You may choose to opt out from any paid subscription service provided by Karmya Software and System Inc and request for a refund for the paid amount only if no support services are provided to you by Karmya Software and System Inc and the refund request has been initiated within 5 days from subscription date. (Refundable Amount would not include shipping and handling or any other taxes except in specific countries or states where shipping/handling and taxes are refundable)
Note: This clause may not be applicable for those who belong to some specific states and jurisdictions where the limitation of refund rights is not allowed. Any other valid refund right will not be affected by this clause. By using this service or subscribing to Karmya Software and System Inc services, you are considered to have accepted and agreed to be bound by these terms.
1. SERVICES 1.1 Service Overview (1) Introduction Services may include Per-Incident-Services that are available on a single incident basis, and Subscription-Based-Services, which are privileged to have more than one Service over a period of time. Karmya Software and System Inc shall provide the Services as per the Terms and Conditions followed by it that is applicable to all the site users. Karmya Software and System Inc service representative, as its care, will attempt to provide the services over the telephone, through a live chat session on your personal computer, remotely over the internet, or by email. Karmya Software and System Inc continuously try to improve the usability and performance of its products and services. In order to optimize the services, and solely to the extent permitted by applicable law, Karmya Software and System Inc may, modify the features or descriptions of the Services from time to time; but this will not affect the quality of any specific service which Karmya Software and System Inc has already expressly agreed to provide you.
(2) Support Software Tool and Remote Access During the Servicing session, Karmya Software and System Inc service representatives may ask you to perform some steps on your personal computer like: 1. You may be asked to install some support software by downloading that from any other site. 2. 2. You may ask to use the remote assisting tool to access and control of your personal computer remotely by Karmya Software and System Inc service representatives. 3. You may be asked to gather your system data and modify computer settings in order to diagnose or repair a problem of your personal computer. 4. You may be asked to utilize certain third party support software on your personal computer, which will be removed after the completion of the remote session service. The support software (including any third-party support software) and remote assisting tool which will be used by Karmya Software and System Inc service representatives to repair your personal computer are owned by Karmya Software and System Inc and may be collectively referred to as the "Support Software Tool" in the Terms and Conditions. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. By accepting to take our support, you agree to allow Karmya Software and System Inc service representatives to use whatever Support Software Tools are required to repair your personal computer, including remote access.
v)Cookies: We enable cookies to improve the browsing experience for the end users. However, site users may decline this, which might stop completing a particular transaction.
Points to understand and remember 1. If remote access is used on your computer there will not be any support software tool remaining after the remote session. 2. You can disconnect the remote access anytime during the remote access session. 3. At the end of the remote access session there may be a text or an xml or a flash file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting Karmya Software and System Inc for further assistance in future. If such a file is placed on your computer, you have the option to either save the file or to delete it from your computer.
(3) Description of Services (i) Karmya Software and System Inc provides you the following Services which are applicable and subject to the following Terms and Conditions: 1. Karmya Software and System Inc service representative will diagnose PC to determine if it is infected by spyware or virus, and remove the spyware or virus found in your personal computer. 2. Karmya Software and System Inc service representative will help customers to improve PC performance or tune up. 3. Karmya Software and System Inc service representative will help customers to install, set up antivirus software applications, and PC optimization tools. 4. Karmya Software and System Inc service representative will analyze the results of the diagnosis and suggest best service offerings to solve problems found in your personal computer. 5. Karmya Software and System Inc service representative will help customers to install, set up antivirus software applications, and PC optimization tools. Additionally the representative will optimize the key operating system settings to improve PC performance. Karmya Software and System Inc service representative will help customers to diagnose PC, network, connected peripheral and all other device related issues. (ii) Some personal computers may not be able to receive the services even if initial testing showed that your connection was qualified or your personal computer environment was suitable. To receive the services like downloading anything from the internet or to provide remote access to Karmya Software and System Inc service representatives it requires a high-speed internet.
1.2 Commercially Reasonable Effort (i) Karmya Software and System Inc will make every possible reasonable effort to sort your personal computer problem. If Karmya Software and System Inc support representatives is unable to resolve your personal computer problem, then you will not be asked to pay any charges. (ii) In the process of providing the services, Karmya Software and System Inc may determine that the issue is beyond the scope of the services. Karmya Software and System Inc may use every possible reasonable effort to sort your personal computer problem or refer you to choose the proper alternative resource; however, Karmya Software and System Inc will not transfer you directly to an alternate resource. To the extent permitted by applicable law, Karmya Software and System Inc reserves the right to refuse, suspend or terminate any of the Services on its sole discretion.
1.3 Service Availability (i) The Services may not always be available in your time zone or geographic location. The services may not always be available due to system maintenance or Internet service problems. At the time of purchasing our subscription plan, your computer must be virus free (as determined by Karmya Software and System Inc). If your computer is found infected at time of purchase of subscription plan, then we may consider that you have purchased our service to clean your computer virus ter prior to obtaining subscription services offered by us. (ii) Karmya Software and System Inc reserves the right to terminate your subscription service, with or without any notice, if Karmya Software and System Inc determines, that your subscription service is being used in either any of the following act- 1. Fraudulently 2. Maliciously 3. Unreasonably 4. By any person other than you, or 5. For any computer system other than a registered system. In the event that your subscription service is terminated by Karmya Software and System Inc, Karmya Software and System Inc will refund to you a portion of any fees which you have paid for the subscription services while purchasing it. Subscription services may be subject to additional requirements, limitations, and restrictions depending on the subscription level you purchased. Please refer to the Site for information about those restrictions.
2. YOUR RESPONSIBILITIES 2.1 Basic Responsibilities (ii) You agree that you are a legal licensed customer of the software which you are using on your personal computer and your use of the services and the internet is solely at your own risk. By accepting to receive the services, you confirm to Karmya Software and System Inc that- 1. You are fully authorized to use your hardware and software that are the basis of the problem, and 2. You have taken a back-up of your computer data on a separate media of any other software or data backup hardware device that may be crash during the support services. All information that you provide to Karmya Software and System Inc must be accurate, including your name, phone number and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to Karmya Software and System Inc. You further represent that you authorize Karmya Software and System Inc to bill against the credit card that you provide to Karmya Software and System Inc, for any charges to which you consent.
2.2 Liability Release To the extent permitted by applicable law, Karmya Software and System Inc will have no liability for loss or recovery of data, programs, or loss of use of systems(s) or networks arising out of the services or any act or omission, including negligence, by Karmya Software and System Inc and/or its representatives. If Karmya Software and System Inc works with you on any password or other access control oriented problems, Karmya Software and System Inc strongly recommends you that reset such passwords(s) immediately following the completion of the services.
2.3 Transfer The Subscription-Based-Services can be transferred only for once during the subscription period from one computer to another, which will be provided only when that computer is also owned by you. You may not use the services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
2.4 Data Backup Karmya Software and System Inc does not provide any support for data backup or restoration services. You are the only one who will be responsible for maintaining and backing up all information, data, text or other materials (collectively called "customer data") and software stored on your computer and storage media before ordering the services. You acknowledge and agree that Karmya Software and System Inc or its referral partners will not take any responsibility under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. Karmya Software and System Inc does not provide support for any backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
3.1: One time solution The customer can avail the incidental services. The 'incidental” means one-time render of the services to fix the problem of computer as per stated prior to the start of the steps to fix. The number of issues is not restricted, and also is benefited with the follow-up consultations on the request .The follow-on consultations are restricted for 7 days from first day of service, available to the services provided at the first service.
POLICIES FOR REFUND In some special cases, being at a remote we might get limited to serve, accordingly you are not liable to pay for the service given with resources being used by the Karmya Software and System Inc representatives. If served already before, you find some trouble in the same case as already mentioned at the time of first service, but your recall for the solution is not fulfilled, you can freely file a request for the refund of the payment as per the procedure. However, recall should be before the 7th day of the first service. Else of the mentioned above, there is no any warranty to this category of service.
3.2 Subscription Services We are glad as you relied on our services and are ready to let us serve you better with the time. The payment plans and provisions of services may vary with the product and duration subscribed.
3.3 Services that are not entertained During all the support provided may it the first time or follow-on, the services provided will not include the following: 1.Any product or service not mentioned at the time to start the solution for the first time, or in the subscription plan as per the case may be. 2. Support beyond the already subscribed period mentioned in contract. 3. Any external platform or software's which have no genuine link with the support products mentioned in the contract. 4. Any issue arisen due to abuse or mishandling with the hardware as per guided by the manufacturer(s)#. 5. Misconduct of the steps guided by the technician. #Manufacturer includes the domain of all the accessories which was connected with the computer system at any time.
3.4 Mode of payment The charge of the services may be quoted while the telephonic conversation or guided to the website. The payment will be processed only after the consent of the customer. As the mode of payment is limited to "online" which requires the use of credit card, the needed information are to be provided by the customer with correct layout. All the payment is to be done before start of the support unless ratified by the Karmya Software and System Inc. In case the full payment is not done, the customer shall be liable to pay 1.5% or any higher legal charge on the amount due. If the payment is due, the Karmya Software and System Inc is not liable to render the services and if prolonged by the mentioned duration may face the dismissal of contract.
3.5 Billing While providing the credit card information, you allow the Karmya Software and System Inc to serve the payment procedure. At the time you authorize the credit card issuer to release the mentioned amount without any query of signed receipt. In case of a debit card, the charges described will be applied on the same debit card till a genuine credit card detail is provided. Else for the case of electronic fund transfer, the account details will be subjected for the transfer of the charge. In all the cases the terms and conditions of the issuing bank and credit card issuer as per the case may be, will be served at the fullest.
3.6 Renewal Policy We are always here to serve you with your satisfaction. Giving extension to the services available is now easier. If the details provided at the time of first contract remains same, the term of the support renews automatically for the same period declared in the last existing contract. If in case you are willing to change the terms of contract while renewing or cancel the renewal, you are required to contact the Karmya Software and System Inc by yourself.
3.7 Fair Usage of Policies and Termination Although there is no any fixation on the follow-on support during the subscribed period, the services available are under the guidelines of "fair use policy" enlisted by the Karmya Software and System Inc, which is considered to be tampered if: 1.Contract is fraudulent. .computer system is not the same registered in contract. 3.Contract is fraudulent. This shall bring a temporary suspension or even permanent termination of the subscription provided, which will be decided under the sole right of the Karmya Software and System Inc.
5. UNLAWFUL AND NON-COMMERCIAL USE LIMITATION 5.1. Personal and Non-Commercial Use Limitation The tools provided to your computer system are registered and licensed for the personal and any commercial use, modification, copying, distribution, transfer, performing, reproduce, publish, license, create derivative works from the tool are done at the Karmya Software and System Inc level.
5.3 General Usage of Restrictions Any unidentified usage of the websites, materials or software's not allowed by the Karmya Software and System Inc is prohibited. Reverse engineering and DE compilation of the Software is strictly prohibited.
6 OTHER IMPORTANT INFORMATIONS 6.1 Disclaimer of Warranty The Karmya Software and System Inc disclaims the warranty as per the applicable law, for merchantability, fitness for purpose or non-infringement. To the extent of law applicable: 1.Hold no responsibility for the functioning of the tools provided. 2.No warranty to fulfill your requirement of uninterrupted service.
6.2 Limitation of Liability According to some provinces of member countries, which do not allow us for the limitation or exclusion of liability for incidental or consequential degradation which may exempt you from the liability to the maximum extent permitted by applicable law and regard less of whether any remedy set forth herein fails of its essential purpose, in no event will Karmya Software and System Inc be liable to you for any special , consequential , indirect or similar damages, including any lost profits or lost data arising out of the provision of services even if Karmya Software and System Inc has been advised of the possibility of such damages. 6.3 Limitation of Actions Any claim of service over the support provided should be called within three months; else it shall be waived and barred.
6.4 Indemnity While in the contract with the Karmya Software and System Inc irrespective of the subscription, entitles the Karmya Software and System Inc, its subsidiaries, officers, directors, agents and all the third party websites to remain free from any claim, or liabilities or losses, resulted from your part of violation of the norms of the contract. You are expected to be supportive to keep the norms and terms in healthy manner and inform the Karmya Software and System Inc as soon as possible in case you find any event of unauthorized use of the product or the services.
6.5 Proprietary Rights The Karmya Software and System Inc retains the sole proprietary rights of the Karmya Software and System Inc websites, the support tools and in all names, trademarks and associated services. You are expected to retain the dignity of the rights of the Karmya Software and System Inc by avoiding in any involvement directly or indirectly tempering the Proprietary rights of the Karmya Software and System Inc.
6.6 Force Majeure The Karmya Software and System Inc stands inert for the failure or halts of the subscription due to unprecedented events including natural calamities, national insurgency, or severs infection by any unknown virus causing physical damage to you or any third party added with the delay of service because of no any prior information regarding the liabilities.
6.7 Export Regulation The Karmya Software and System Inc strictly complies with the export norms of US Export of Administrative Regulations, and any country which is interfaced in export and import laws. You are expected to comply with the relevant laws and don't find and means to involve the export of services harming the law. The Karmya Software and System Inc is also not in trade with regions like Syria, North-Korea, Sudan, Iran, and Cuba considering the export norms differences and hence restricts the re-export of the products and services of the Karmya Software and System Inc.
6.8 Severability In case an issue is not covered by the terms of the service, or the terms holds invalid, the portion shall be enforced at the fullest, and all other provisions shall remain in full force and effect.
6.9 Modifications The Karmya Software and System Inc's reserves the sole right to amend the terms and condition, and Karmya Software and System Inc portal at any time by either a) publishing the amended policies on website ,or b) by sending the prescribed email regarding the amendment and its explanation to the Terms & Condition.
7. Third Party Products and Services While serving you at the fullest, it may require to take the help of a "third party tool" which has to register from the license provider of the same tool. And you are expected to follow the terms of the party providing third party tool. The Karmya Software and System Inc stands on the supporting side to help you to use the tool for enhancement of the services. However at the same time Karmya Software and System Inc remains protected against any issue incurred due to inappropriate license or attributes of the third party software. If the third party tool follows to interfere in the functioning of tools and services by the Karmya Software and System Inc, you will be notified for the amendment in the subscription provided by you. And violation of term of our contract can cause the contract to get void.
The Terms will be governed by the laws of the State of Delaware, United States of America. The terms are completely under agreement between you and Karmya Software and System Inc related to service. And the provisions:
1.Replace all prior oral or written proposals; and
2.Prevail over any conflict of any quote, order, acknowledgement between the parties.