This Agreement ("Agreement") is made by and agreed to between Kamtiel, a New York business entity, (hereinafter referred to as "the company”), and you (hereafter "customer" "client" or "You"). By applying to “the company’s” services and indicating your acceptance to these terms during the application process, you consent and agree to the terms and conditions contained herein.

Authority And Agreement To Be Bound:

Each signatory of this Agreement represents and warrants (i) that he or she has the power and authority to accept and to bind the party that such signatory represents to this Agreement, (ii) that he or she has read and understands this Agreement, and (iii) that he or she hereby agrees, on behalf of the party that such signatory represents, to this Agreement. (IF YOU ARE AN INDIVIDUAL, YOU REPRESENTS AND WARRANTS THAT YOU ARE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.)

“The company” customizes the software & services of different service providers for you/your organization. Hence, you/your organization, is agreeing to and bound by the Terms of Service and Privacy policy of the respective service providers, as mentioned below.

 

Service Contract:

Emails – The emails support access via desktop applications and mobile devices such as MS Outlook, Apple iPhone, Blackberry etc. There is adequate online support material providing required information in setting/accessing emails via these applications/devices. There is a minimal cost associated if you need extensive customer support in setting up/accessing via these applications/devices, please contact us for details.

Social Networking Websites – Kamtiel will create your organization profiles on sites such as MySpace, Facebook, etc. These sites have many interactive features such as ability to add other users as fans/friends etc. Kamtiel will not manage these interactive features nor provide any customer support related to these features. You will be provided access information (username/password) in order for you to maintain your profiles on these sites. Kamtiel will not be held liable in any way for any liability/damage emerging to your organization for being part of such websites and consequently using their services.

Web Plan - There is no minimum time period for the service contract. Customers are billed on a monthly basis.
Note – Depending on the partner companies’ (refer the ToS of the partner companies) service updates and cost increases, Kamtiel may update/increase the monthly costs as required.
Rates – there will be an increase of 5% (Seven percent) in the rates per year.
Please note that Kamtiel or you can cancel the service by providing a notice to the concerned party. In that case, Kamtiel will have no further legal liability in terms of providing your data, emails and other intellectual property. As part of the service, the domain belongs to Kamtiel and Kamtiel is completely free of any legal obligations in terms of usage or non-usage of that domain.

Payment - You authorize Kamtiel (and its sister concerns) to charge the monthly payments from the specified bank or credit card accounts on file. As a duly authorized signer on the financial institution account identified in your account payment information, you authorize us to perform recurring monthly electronic funds transfer from the account for payments due, until the subscription of services is cancelled by sending us an email notice of cancellation at cancel@Kamtiel.com 30 days in advance. You also authorize us to charge the increased rates, as and when applicable to the said account.

Cancellation - There is no minimum time period for the service contract. Customers are billed on a monthly basis. To cancel your subscription, please email at cancel@Kamtiel.com 30 days in advance.

Logo – Two free logo design will be provided by Kamtiel. Any changes/updates are to be priced as per the requirements.

Web Marketing – Sites such as Yahoo and/or others will not list a website in its local business search results if the concerned website is under construction and/or not ready as determined by the search engine website. In that case, Kamtiel will not be able to create your company’s profile on these search engine/web marketing websites. You are responsible for providing the content for websites (content for your products & services, company information etc.)

Customer Training – The rates does not include customer training in using the applications. The applications provided by Kamtiel have an intuitive user-friendly interface and can be easily used by any user familiar with standard web browsing. Additionally, there is adequate online material/help guides related to different features/functionalities of the applications.
However, if customer users’ training is required, that can be arranged, please contact us for details regarding costs, timeline etc.

You agree not to adopt or use in any manner any trademarks, service marks, trade names, slogans, and/or URLs that are the same or confusingly similar to, or are combined with, those of “the company”. You further agrees not to degrade, defame or tarnish “the company”, its reputation, or its trademarks, service marks, trade names, slogans, and/or URLs.

This Agreement shall commence upon the date signed by both Parties and shall continue until terminated in accordance with the terms of this Agreement. This Agreement may be terminated by either Party for any or no reason. This Agreement may be terminated immediately upon notice for your breach of this Agreement or the Site’s Terms of Service. Your/your organizations’ account may be deactivated during investigation of breach of this Agreement. If this Agreement is terminated based upon your breach, you shall not be eligible to enter into a new customer Agreement, and any attempt to do so shall be null and void.

Upon termination of this Agreement, or in case of deactivation of your account, you are bound to pay all charges/costs associated with this account services.

You agree to indemnify, defend, and hold harmless “the company” and its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made or alleged by any third party due to or arising out of your Site or your breach of its warranties and representations hereunder.
You are obligated to follow all government rules/laws including in relation to Taxation Authorities.

ANY OBLIGATION OR LIABILITY OF “THE COMPANY” UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF CLIENT’S PAYOUTS PAID TO “THE COMPANY” BY “CLIENT” UNDER THIS AGREEMENT DURING THE TWO (2) MONTH PERIOD PRECEDING THE CLAIM. YOU AGREE THAT “THE COMPANY” SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYEES, OR ANY THIRD PARTY, FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, “THE COMPANY” DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT “THE COMPANY’S” SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (D) AGAINST INTERFERENCE WITH ENJOYMENT OF THE LINK, PLUG-IN, OR SITE. ALL INFORMATION AND COMPUTER PROGRAMS PROVIDED TO YOU/YOUR ORGANIZATION UNDER THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU/YOUR ORGANIZATION.

Miscellaneous

The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor.

This Agreement is governed by the laws of the State of New York (USA), except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts. “The company” controls and operates its Site from its offices in the USA and access or use where illegal is prohibited.

Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.

“The company” may assign this Agreement without the prior express written permission of you (your organization). Your consent shall not be required for assignment or transfer made by “the company” (1) due to operation of law, or (2) to an entity that acquires substantially all of “the company’s” stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent). Furthermore, “the company” may contract with third parties to delegate its duties hereunder without prior written permission of you.

This Agreement, including “the company’s” site Terms of Service, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated therein.