IMPORTANT – READ CAREFULLY
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) HAVE THE AUTHORITY TO, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS “CUSTOMER” TO THE TERMS OF SERVICE OF THIS ONLINE SUBSCRIPTION AGREEMENT (” AGREEMENT “); AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON; YOUR REGISTRATION PROCESS WILL BE DISCONTINUED AND YOU MAY NOT USE THE SERVICES.
This Agreement is a legal and binding instrument entered into as of the Effective Date by and between NetTantra and Customer. NetTantra reserves the right to amend this Agreement from time to time on notice to Customer. The most current version of this Agreement can be reviewed by clicking the “Terms of Service” hypertext link located on the NetTantra website and shall control if different than this Agreement.
As used in this Agreement, the following defined terms shall apply:
- Agreement means these Terms of Service as may be amended from time to time and any other documents incorporated by reference.
- NetTantra means the NetTantra entity set forth in Section 10 of this Agreement.
- Confidential Information means any non-public information and/or materials provided by a party under this Agreement to the other party and reasonably understood to be confidential.
- Customer means the legal entity or individual that enters into this Agreement.
- Effective Date means the date of electronic acceptance of this Agreement by Customer.
- My Account means Customer’s specific page within the NetTantra website where Customer subscribes to the Services and provides Customer account information such as Registration Data and Payment Information.
- Named Authorized User(s) (“NAU”) means (i) those Customer-designated individuals who may access and use the Services in accordance with this Agreement. Customer-designated individuals may include, by way of example, employees, contractors, consultants and agents or third parties with which Customer transacts business as determined by Customer.
- Payment Information means limited Customer information related to billing and payment matters collected by NetTantra during the online registration process. Such Payment Information will include a valid debit card or credit card number with available credit sufficient to pay the applicable Subscription Fees, an election of a preferred billing frequency, and other information as required by NetTantra.
- Registration Data means limited Customer information collected by NetTantra during the online registration process.
- Services means NetTantra’s remote access and web collaboration products consisting of the services set forth in Section 2 of this Agreement and as subscribed to by Customer.
- Subscription Fee means the fee for Customer’s use of and access to the Services as subscribed to by Customer.
- Term means the term of this Agreement commencing on the Effective Date and continuing until the expiration of all subscription period(s), including any renewal subscription period(s), for Services as stated on Customer’s My Account page.
NetTantra provides high quality web based solutions to various industries like, healthcare, home building and real estate, manufacturing, education, online shoppers, food and beverage, chemicals and life sciences industries. NetTantra is providing web design services in terms of package as mentioned in website www.nettantra.com.
To subscribe to Services via the various NetTantra product websites, Customer must complete the online registration process, including Customer’s electronic acceptance of this Agreement, and NetTantra must then accept such online registration. NetTantra may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event a potential Customer’s online registration is rejected by NetTantra, such potential Customer may submit a new online registration for re-evaluation by NetTantra.
- Registration Data. All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary. NetTantra reserves the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete and/or not current at any time. Customer is hereby informed that Registration Data is subject to automatic processing by NetTantra for the purposes of managing Customer’s account. Customer will have access to Registration Data and may update or correct it as necessary.
- Payment Information. All Payment Information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary. Customer hereby authorizes NetTantra, from time to time, to take steps to determine whether the debit card or credit card number provided is valid. NetTantra reserves the right to terminate this Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete and/or not current at any time. NetTantra shall not be responsible for any overdraft charge or other fees that may be incurred by NetTantra’s use of Customer’s debit card or credit card for payment hereunder.
- Trial and Promotional Offers. From time to time, NetTantra may offer certain trial and/or promotional offers. NetTantra reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per Customer.
CUSTOMER RIGHTS AND RESTRICTIONS
- Customer Access and Use. During the Term of this Agreement, and upon payment of all applicable Subscription Fees, Customer may access and use the Services pursuant to and in accordance with the provisions of this Agreement. NetTantra will enable Customer and its Named Authorized Users to access and utilize the Services as contemplated by the Agreement. Thereafter, Customer shall be solely responsible for selecting and managing its users and providing each of them with the information necessary for access to and use of the Services. Customer may reassign Named Authorized Users, Devices and/or Server(s) without incurring additional fees provided that the number of such Named Authorized Users, Devices and/or Server(s) does not increase. Customer may inform its users, customers and employees that the Services are powered by NetTantra. Customer understands that the Services do not allow calls to the emergency services numbers (e.g., in the United States 911, or in the United Kingdom 999 and 112). If Customer’s broadband connection fails, the Services and some related voice service will also fail. The Services may cease to function if there is a power cut or failure. These failures may be caused by reasons outside of the control of NetTantra.
- Reverse Engineering. Except to the extent permitted by law, Customer may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with the Services and/or any other aspect of NetTantra’s technology.
- Abuse. Customer shall not access and/or engage in any use of the Services (i) in a manner that abuses or materially disrupts the networks, security systems, Services and/or websites of NetTantra and/or (ii) to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, or otherwise unlawful.
- Illegal Purposes. Customer shall not use the Services for fraudulent or illegal purposes. Furthermore Customer shall not use the Services to record phone communications without notifying the concerned persons and participants that is recording such communications.
- No Representation by Customer. Neither Customer nor any of its Named Authorized Users, customers, employees or representatives shall make any representations with respect to NetTantra, the Services or this Agreement (including, without limitation, that NetTantra is a warrantor or co-seller of any of Customer’s products and/or services).
- Limited Grant of Rights. No other rights are granted hereunder to Customer except as expressly set forth in this Agreement.
- Term. This Agreement shall commence on the Effective Date and continue for the Term.
- Termination for Cause. NetTantra reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under this Agreement.
- Effect of Termination. Upon termination of this Agreement, Customer will immediately discontinue all access to and use of the Services and cease to represent in any form that it is a user of the Services. NetTantra will immediately disable Customer’s account upon termination. Neither party shall be liable for any damages resulting from a termination of this Agreement in accordance with this Section 5.3 ; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination.
- Subscription Fees. Customer is responsible for all Subscription Fees, and hereby authorizes NetTantra to obtain payment of all such Subscription Fees in accordance with the Payment Information, as stated on Customer’s check out page. Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on NetTantra’s net income. In the event Customer fails to satisfy its tax and/or duty obligations herein, Customer shall reimburse NetTantra upon demand for any taxes and/or duties paid on behalf of Customer and shall indemnify and hold NetTantra harmless against any claim and/or liability (including penalties) resulting from Customer’s failure to pay such taxes and/or duties.
- Voice and Data Fees. Customer shall be responsible for all fees and charges imposed on Customer by Customer’s telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and/or data transmission used by Customer to access and use the Services.
Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any Confidential Information, of the other party, nor use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is publicly disclosed through no fault of the receiving party, (ii) is already lawfully in the receiving party’s possession and not subject to a confidentiality obligation to the disclosing party, (iii) becomes known to the receiving party from a third party having an apparent bona fide right to disclose the information, or (iv) is Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, provided receiving party supplies disclosing party with timely notice of such court order or subpoena. Furthermore, Customer will keep in confidence all passwords and/or other access information related to the Services.
. Each party hereby warrants to the other party that it has all necessary authority to enter into and perform its obligations under this Agreement without the consent of any third party or breach of any contract or agreement with any third party. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED BY NETTANTRA ON AN “AS IS” BASIS, AND CUSTOMER’S ACCESS TO AND/OR USE OF THE NETTANTRA WEBSITES, LINKED SITES AND/OR OF THE SERVICES IS AT ITS SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NETTANTRA EXPRESSLY DISCLAIMS AND CUSTOMER RECEIVES NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NETTANTRA MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE; NOR DOES NETTANTRA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS IN THE PLUG-IN WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT THE SOLE RISK OF CUSTOMER AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM NETTANTRA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
IN NO EVENT SHALL NETTANTRA BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THIS AGREEMENT OR WHETHER DIRECT OR INDIRECT, (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT NETTANTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NETTANTRA’S LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
- Relationship of the Parties. Customer and NetTantra are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
- Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
- Force Majeure. Neither party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
- Notice. NetTantra may provide Customer with notice via email, regular mail and/or postings on the NetTantra website.
- High-Risk Use. Customer hereby acknowledges that the Services are not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; online control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. NetTantra hereby expressly disclaims any express or implied warranty of fitness for such purposes.
- Compliance with Laws. Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable export and import laws and regulations, in connection with their performance, access and/or use of the Services under this Agreement. Notwithstanding the preceding sentence, NetTantra does not guarantee that the Services shall be appropriate and/or available for use in any particular location and Customer is responsible for compliance with local laws to the extent applicable. NetTantra reserves the right to modify the Services for any reason, without notice and without liability to Customer or any end user. Customer shall comply with all legal duties applicable to the Customer including obligations as data controller by virtue of Customer’s role as meeting organizer and/or Named Authorized User. Customer must provide the relevant persons and/or participants with all information Customer is required by law to provide and, if necessary, must obtain the consent of these persons and/or participants. Notwithstanding any other provision in this Agreement, NetTantra shall have the right to terminate this Agreement immediately upon the determination by NetTantra that Customer is not in compliance with international export laws or violates any government privacy and/or data protection laws.
- No Waiver. The failure of either Customer or NetTantra in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
- Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect and the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
- No Third Party Beneficiaries. No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.
- Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either party unless agreed to in writing by both parties.
- Captions and Headings. Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.
- Controlling Language. The English language version of this Agreement shall be the controlling version and is incorporated by reference into any translation of this Agreement. Any translation or other language version of this Agreement shall be provided for informational purposes only. Only the most current English version of this Agreement is binding. In the event of inconsistency or discrepancy between the English version and any translation or other language version of this Agreement, the English-language version shall prevail.
- References. Pronouns contained in this Agreement shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular.
- Beta version. The terms of this subsection 10.14 shall only apply to Customer with respect to any “Beta” version of any of the Services (the ” Beta Services “) made available to Customer for purposes of evaluation and feedback. Customer acknowledges that the Beta Service(s) Customer is evaluating may contain bugs, errors and other problems and is provided to Customer “as-is.” Therefore, to the extent permitted by applicable law, NetTantra disclaims any warranty, condition and/or liability obligations to Customer of any kind with respect to the Beta Services. Customer further acknowledges the importance of communication between NetTantra and Customer during Customer’s use of the Beta Services and participation in NetTantra’s Beta program and hereby agrees to receive related correspondence and updates from NetTantra. In the event Customer requests to opt-out from such communications, Customer’s participation in the NetTantra Beta program will be canceled. Customer also hereby acknowledges that NetTantra has not made any representations, promises or guarantees that the Beta Services will ever be announced or made available to anyone in the future and that NetTantra has no express or implied obligation to Customer to announce or introduce the Beta Services. During the NetTantra Beta program, Customer will be asked to provide feedback regarding Customer’s use of the Beta Service(s) and Customer hereby grants to NetTantra a perpetual, royalty-free worldwide license to use and/or incorporate such feedback into any NetTantra product or service (including the Beta Services) at any time at the sole discretion of NetTantra. With respect to the Beta Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.
We want our customers to be happy with the services we provide at NetTantra.
If a customer is not satisfied with our service, her/she may notify NetTantra within 7 days from the date of the payment. If we cannot resolve the raised concerns to his/her satisfaction, we may issue a partial or complete refund based upon: the nature of the project, any necessary expenses already paid, the terms and specifications outlined in any contracts pertaining to said project, and any additional factors that may be relevant.