TERMS & CONDITIONS
 
   
1. The prices mentioned on our website www.datacompwebtech.com  are exclusive of Sales tax, Value Added Tax and Octroi.
   
2. Payment Terms:
  100% in Advance.
   
3. Software Service:
  Under the scope of software service parameters the customer is entitled to downloads of updates of the software through our website www.datacompwebtech.com, or as intimated, as per the conditions mentioned in the EULA, during the software service period. Software service does not mean any personalized service such as installation / training of the updated software by Datacomp representative / channel partner. Add-ons like additional PC licenses / Nodes license are not included in the scope of the software service unless explicitly mentioned & approved by Datacomp. Update support for these products are available if the software service term of the main product (like Fundz Magic / Visual Magic Pro / Gold) is in-force.
   
4. Disclaimer of warranties.
  Except for the limited warranty provided above, the software is provided "as is." to the full extent permitted by applicable local law. Datacomp and the third party providers disclaim all other warranties, representations and conditions, express or implied, including, but not limited to, the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given by Datacomp or a Datacomp authorized representative shall create a warranty. Without limitation of the foregoing, Datacomp and the third party providers do not warrant that: (a) the software will be error-free, (b) your use of the software will be uninterrupted or error-free, (c) the software will meet your requirements, or (d) the software will operate with the hardware or software configuration you choose.
   
5. Limitations on liability.
  In no event will Datacomp's, Datacomp's affiliates or the third party providers' liability to you or any third party exceed the price paid by you for the software.
   
6. In no event shall DWTIPL be liable to anyone for special, collateral, incidental, or consequential damages in connection with or arising out of the purchase or use of the software or materials associated with it.
   
7. Exclusion of remedies.
  Without limiting any of the disclaimers or limitations set forth in paragraphs 4 and 5, above, in no event will Datacomp, Datacomp's affiliates or the third party providers be liable to you or anyone else for any direct, indirect, special, incidental, punitive or consequential damages of any kind arising out of your use or inability to use the software or its relevant data (including, without limitation, loss of profits, revenue, use of software or any associated hardware or software, data or goodwill), even if such parties have been advised of the possibility of such damages.
   
8. For all practical purposes relevant updates for the software is only meant for the licensed software unit & it is forbidden to import, export or in any way modify / alter the software or the data obtained from the downloads for use in any other software or application or any other unlicenced software unit without the prior & explicit written permission from Datacomp. If such an eventuality occurs then all support for the software will be withdrawn from the offending user (licensee) as well as legal action will be initiated under the requisite provisions such as and not limited to the IPR infringement & the Anti-piracy law.
   
9. Scope of after sales service.
  Datacomp or Datacomp's Affiliates may upon explicit request from you provide you with a complimentary orientation training of not more that 4 hours within 1 month of installation of the software. Any additional training if required will be at the rate of maximum Rs. 750/- for  a  3 hour  training session (in a day).  Datacomp or Datacomp Affiliates are not obliged to (a) make changes to the software features as per your needs (b) make visits to your site for troubleshooting (c) provide telephonic support if the software license has lapsed or it is no longer under the ambit of the software service component. While it be Datacomp's endeavor to provide best quality support, Datacomp does not warrant that the support provided by Datacomp or its affiliates will solve your issues or meet your expectations.
   
10. For purposes of support
  you agree to allow Datacomp appointed staff to install & use Remote Desktop Management services on your computer systems by using third party software where required. While this system is very safe & utmost care will be taken while operating & supporting your system through the Remote Desktop Management service, Datacomp does not take any responsibility for any loss (in any form & substance) that may arise due to the use of this support system...
   
11. Refund & Cancellation Policy
  In no circumstances shall Datacomp Web Technologies (I) Pvt. Ltd. (DWTIPL) be responsible for any special, collateral, incidental, or consequential damages arising out of the delay (if any) in execution of this order. The maximum liability under such circumstances shall be refund of the amount paid by the customer in lieu of cancellation of the order. Please note that no refunds shall be made after the product is delivered.
   
12. The Installation and Training charges are included for the cities where Datacomp has its own offices and also in dealer represented areas. For all non-represented areas an additional cost of  Rs. 3.50/ km.  per visit will be charged.
   
13. By placing this order you are offering to purchase the licence only to use the software. Copyright of the software belongs exclusively to DWTIPL. Any attempt to infringe the copyrights of the owner shall automatically result into termination of your licence to use the software. In such circumstances DWTIPL shall suspend all the future services to such customer and also initiate legal action.
   
14. DWTIPL reserves the right to alter the software without any prior notice to its customers. Accordingly, the specifications mentioned in the brochure may vary from the actual product.
   
15. DWTIPL reserves the right to withdraw support on the software to the user, if such user defaults in any of the terms mentioned herein.
   
16. DWTIPL exclusively reserves the right to amend, add or remove the above terms & conditions without any prior notice to its customers.
   
17. All matters related to this transaction are subject to Mumbai Jurisdiction only.