“Auto Renew” or “Auto Renewal” is the process by which the Services Period of certain Cloud Services under an order is automatically extended for an additional Services Period unless such Services are otherwise terminated in accordance with the terms of the order or this Agreement. The Service Specifications incorporated into your order define which Cloud Services are eligible for Auto Renewal as well as any terms applicable to any such renewal.
“Cloud Services” means, collectively, the Datacomp cloud services for i-Magic (e.g., Datacomp software as a service offerings and related Datacomp Programs) listed in your order and defined in the Service specifications. The term “Cloud Services” does not include Professional Services.
"Software" means any downloadable client software which is provided solely for the purpose of accessing the Services.
"Order" means the agreement to purchase Services as between Subscriber and Datacomp or Subscriber and / or authorized reseller of Datacomp.
“Subscription” means the non-exclusive, non-transferable right to use the Services, as ordered by Subscriber, subject to the terms of this Agreement and the full and timely payment of the Subscription Fees.
“Subscriber” means an individual or entity (including that entities’ parent or affiliated companies) to which Services are provided by and as agreed to by Datacomp.
“Subscription Fee” means the fees payable in respect of an Order.
“Third Party Content” means all text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of Datacomp and made available to You through, within, or in conjunction with Your use of, the Cloud Services. Examples of Third Party Content include data feeds from social network services. Third Party Content does not include Separately Licensed Third Party Technology.
“Users” means those employees, contractors, and end users, as applicable, authorized by you or on your behalf to use the Cloud Services in accordance with this Agreement and Your order.
Terms of Agreement
This Agreement is valid for the order which this Agreement accompanies. This Agreement may also be referenced for any purchase that increases the quantity of the original Services ordered (e.g., additional Users), for any Cloud Services options offered by Datacomp for the original Services ordered, and for any renewal or Auto Renewal of the Services Period of the original order.
Rights Granted
For the duration of the Services Period and subject to Your payment obligations, and except as otherwise set forth in this Agreement or Your order, You have the non-exclusive, non-assignable, royalty free, worldwide limited right to access and use the Services that You ordered, including anything developed by Datacomp and delivered to You as part of the Services, solely for Your internal business operations and subject to the terms of this Agreement and Your order, including the Service Specifications. You may allow your Users to use the Services for this purpose and you are responsible for your Users’ compliance with this Agreement and the order.
You do not acquire under this Agreement any right or license to use the Services, including the Datacomp’s other Software and Services, in excess of the scope and/or duration of the Services stated in your order. Upon the end of the Services ordered, your right to access and use the Services will terminate.
Except as otherwise expressly set forth in your order for certain Cloud Services offerings (e.g., a private cloud hosted at Your facility), you acknowledge that Datacomp has no delivery obligation for Datacomp Programs and will not ship copies of such programs to you as part of the Services.
As part of certain Cloud Services offerings, Datacomp may provide you with access to Third Party Content within the Services Environment. The type and scope of any Third Party Content is defined in the Service Specifications applicable to your order. The third party owner, author or provider of such Third Party Content retains all ownership and intellectual property rights in and to that content, and your rights to use such Third Party Content are subject to, and governed by, the terms applicable to such content as specified by such third party owner, author or provider.
Ownership and Restrictions
Subject to the terms and conditions set forth in these Terms of Use, Datacomp grants you a non-exclusive, non-transferable, limited right to access, use and display this Web Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Web Site in any manner. Unless otherwise specified, the Web Site is for your personal and non-commercial use. You shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Products or services obtained from this Web Site.
Service Specifications
The Services are subject to and governed by Service Specifications applicable to your order. Service Specifications may define provisioning and management processes applicable to the Services (such as capacity planning), types and quantities of system resources (such as storage allotments), functional and technical aspects of the Datacomp Programs, as well as any Services deliverables. You acknowledge that use of the Services in a manner not consistent with the Service Specifications may adversely affect Services performance and/or may result in additional fees. If the Services permit you to exceed the ordered quantity (e.g. counts for Users, storage, etc.), then you are responsible for promptly purchasing additional quantity to account for your excess usage. For any month that you do not promptly purchase such additional quantity, Datacomp may require you to pay, in addition to the fees for the additional quantity.
Datacomp may make changes or updates to the Services (such as infrastructure, security, technical configurations, application features, etc.) during the Services Period, including to reflect changes in technology, industry practices, patterns of system use, and availability of Third Party Content. The Service Specifications are subject to change at Datacomp’s discretion; however, Datacomp changes to the Service Specifications will not result in a material reduction in the level of performance or availability of the applicable Services provided to you for the duration of the Services Period.
Fees and Taxes
All fees payable to Datacomp are due within 10 days from the invoice date. Once placed, your order is non-cancelable and the sums paid nonrefundable, except as provided in this Agreement or Your order. You will pay any sales, value-added or other similar taxes imposed by applicable law that Datacomp must pay based on the Services You ordered, except for taxes based on Datacomp’s income.
You agree and acknowledge that you have not relied on the future availability of any Services, programs or updates in entering into the payment obligations in your order; however, the preceding does not relieve Datacomp of its obligation during the Services Period to deliver Services that you have ordered per the terms of this Agreement.
Services Period
Services provided under this Agreement shall be provided for the Services Period defined in your order, unless earlier suspended or terminated in accordance with this Agreement or the order.
Upon the end of the Services, You no longer have rights to access or use the Services, including the associated Datacomp Programs. However, at Your request, and for a period of up to 15 days after the end of the applicable Services, Datacomp will make available to You Your Content and Your Applications as existing in the Services Environment on the date of termination. At the end of such 15 day period, and except as may be required by law, Datacomp will delete or otherwise render inaccessible any of Your Content and your Applications that remain in the Services Environment.
Datacomp may temporarily suspend Your password, account, and access to or use of the Services if You or Your Users violate any provision within the ‘Rights Granted’, ‘Ownership and Restrictions’, ‘Fees and Taxes’, ‘Use of the Services’. Datacomp will provide advance notice to you of any such suspension in Datacomp’s reasonable discretion based on the nature of the circumstances giving rise to the suspension. Datacomp will use reasonable efforts to re-establish the affected Services promptly after Datacomp determines, in its reasonable discretion, that the situation giving rise to the suspension has been cured; however, during any suspension period, Datacomp will make available to You Your Content and Your Applications as existing in the Services Environment on the date of suspension. Any suspension or termination by Datacomp under this paragraph shall not excuse you from your obligation to make payment(s) under this Agreement.
If either of us breaches a material term of this Agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate the order under which the breach occurred. If Datacomp terminates the order as specified in the preceding sentence, you must pay within 30 days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for the Services ordered under this Agreement plus related taxes and expenses. You agree that if you are in default under this Agreement, You may not use those Services ordered.
Nondisclosure
By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
Datacomp will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Datacomp security practices defined as part of the Service Specifications applicable to your order. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Datacomp shall not use and/or share data/clients details with any third party and/or any group company/ies which is not limited to clients/Investors personal details, portfolios, hobbies & habits, investments etc without written consent from the subscribers.
Warranties & Disclaimers
DATACOMP DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT DATACOMP WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY DATACOMP, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT DATACOMP DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DATACOMP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. DATACOMP IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. DATACOMP DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT.
FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND DATACOMP’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF DATACOMP CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND DATACOMP WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO DATACOMP FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.
TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
In no event shall Datacomp or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this web site or any linked web site, even if Datacomp is expressly advised of the possibility of such damages.
Third Party Content
The Web Site makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by Datacomp. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by Datacomp or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold Datacomp, any business offering products or services through the Web Site or any provider of Third Party Content liable for any investment.
By using any Third Party Content, You may leave this Web Site and be directed to an external website, or to a website maintained by an entity other than Datacomp. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. Datacomp makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Datacomp or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Datacomp or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of Datacomp and Datacomp is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Datacomp is not responsible for webcasting or any other form of transmission received from any linked site. Datacomp is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by Datacomp in any manner of the website.
Unlawful and/or Prohibited use of the Website
As a condition of your use of the Web Site, You shall not use the Web Site for any purpose(s) that is unlawful or prohibited by the Terms of Use. You shall not use the Web Site in any manner that could damage, disable, overburden, or impair any Datacomp server, or the network(s) connected to any Datacomp server, or interfere with any other party’s use and enjoyment of any services associated with the Web Site. You shall not attempt to gain unauthorized access to any section of the Web Site, other accounts, computer systems or networks connected to any Datacomp server or to any of the services associated with the Web Site, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Web Site.
Data accessed from Google
Whenever we access your personal information or data automatically from Google, with your consent, the policy governing the access and use the data will be as follows.
The Company will be accessing your data, from Google, for tracking of User's financial transactions to provide the requisite service offered from time to time. @datacompwebtech.com.
The Company does not access any other email of the User.
The Company does not open, read, or access any personal mail including User's personal information.
The Company may share your Data (accessed from Google) with our affiliates, service providers, or regulators:
To provide seamless, smooth, safe, and customized experience to the User
When it is requested or required by law
To initiate any investigate any complaints, claims or disputes
To customize products or introduce new products
To improve the user facing features,
For the sake of clarity, the Company does not sell, transfer, or lease such information for serving ads.
For the sake of clarity, the Company does not sell, transfer, or lease such information for serving ads.
Data accessed from Google Drive
The Company via its Sites shall require access to your Google Drive to upload, download, and delete documents within the Sites. These documents will be used solely within the Sites domain and will not be shared with any third parties. No other files except the ones uploaded by the Company through the Sites can be deleted from such Sites. The data is also not used for any Al related purpose.
The Sites use and transfer of information received from Google APls to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
Retention of Data
We shall retain the records as per applicable laws and such other statutory or regulatory requirements from time to time. In the event any legal or regulatory proceeeding is pending, we can retain records for a longer period. We shall store the data, information, and records on a server owned by us or our group companies in India.
We shall retain the records as per applicable laws and such other statutory or regulatory requirements from time to time. In the event any legal or regulatory proceeeding is pending, we can retain records for a longer period. We shall store the data, information, and records on a server owned by us or our group companies in India.
Information Security
We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorised access to systems where we store personal data. All information gathered is securely stored within the company controlled database. The database is stored on servers secured behind a firewall; access to the servers is password protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you shared will not be intercepted while being transmitted to us over the internet.