Updated December 01, 2012.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
Welcome to Leadomatic.com. The website is owned and operated by Kenovate Solutions, 55, FIE, Patparganj Industrial Area, Delhi, India - 110092.
This is a binding agreement between Kenovate Solutions ("Solution Provider") and you (“Agreement”) and governs your use of the website (www.leadomatic.com) including, without limitation, all content such as text, information, images, applications, templates and other information, services and materials (collectively, the “Service”) and all information made available to you or by you through this site and/or third parties. The "Customer" shall mean the entity or person invoiced by Leadomatic.com or Kenovate Solutions for use of the Service.
Leadomatic in its sole discretion, reserves the right to revise, update and change this Agreement from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to this Agreement. You agree to use the Service at your own risk and you understand that Leadomatic.com or Kenovate Solutions cannot be responsible for the content posted on the Service.
1. Service Plans
The Service is available either as a paid service plans or as a free service plan. Each Paid Service Plan customer will be invoiced and would pay in accordance.
Payment for Services under a Paid Service Plans shall be at prices and under terms stated at the website, as otherwise stated or quoted by Leadomatic.com from time to time. All prices are exclusive of taxes (Service Tax or otherwise), which may or may not be added to the price, depending on applicable law and the legal residence of the Customer.
Payment shall always be made in advance for the entire term of Service unless specifically agreed otherwise.
Leadomatic.com is entitled to adjust the prices, functionality and number of Users for the Service from time to time. Adjusted prices shall take effect upon any subsequent term of Service.
In case of non-payment for any reason or any violation of these Terms and Conditions, We shall be entitled - without liability - to immediately bar Customer's access to the Service and bar access to the service plan in question. Furthermore, We are entitled to receive interest (at 2% per month) on any outstanding amount due under invoices / Paid Service Plans.
In case of suspension of account, we reserves the right to impose a re-setup fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Leadomatic.com has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is suspended or termination for 30 days or more.
3. Right of Use
At the time of entering into any contract and this Agreement, the Customer is granted a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to this Agreement. All rights not expressly granted to you are reserved by Leadomatic.com and its licensors.
The right of use is at all times conditioned on prompt and timely payment regarding the Service. Non-payment or delay in payment shall terminate any right of use granted to the Customer under this Agreement.
The Service may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the content in any way; (ii) modify or make derivative works based upon the Service or the content; (iii) create Internet "links" to the Service or "frame" or "mirror" any content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (v) attempt to gain unauthorized access to the Service or its related systems or networks; or (vi) use the Service, including the content, our intellectual property rights & technology for any commercial purposes (i.e. soliciting customers, resale, etc.) without our prior written consent.
Access to the Service is only available to the Customer and the Users to whom the access is provided. Usernames and passwords are personal, and are to be considered part of Confidential Information. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access. Customer agrees that Leadomatic.com or its Parent or Subsidaries will not be held responsible for any claims and losses related to such acts and omissions.
5. Service Level
Leadomatic.com will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted. The Service is hosted either by Leadomatic.com or a subcontractor of Leadomatic.com's choice. All data stored as part of the Service is backed up on a regular basis. If Customers with a paid service plan experience loss of data, Leadomatic.com will with reasonable effort attempt to restore data from the most recent working backup; provided, however, Leadomatic.com gives no warranties with respect to recovering or restoring any lost Customer data. The Customer is always encouraged to make its own backups of all data stored on the Service.
6. Your Responsibilities
You are responsible for all activity occurring under your User or Customer account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your employer and/or the applicable administrators of your account. You shall: (i) notify Leadomatic.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Leadomatic.com immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You or other users to violate this Agreement or the intellectual property rights of third parties; and (iii) not impersonate another Leadomatic.com user or provide false identity information to gain access to or use the Service.
The Customer and/or User are fully liable for the legality of all data stored by the Customer and/or User on the Service. Furthermore the Customer and/or User is fully liable, if such data are infringing upon third party rights, and accordingly agrees to indemnify Leadomatic.com for all claims and losses related to such infringement and/or illegality.
If Leadomatic.com on its own or through any third party knows that data stored by the Customer and/or User is in violation of any law or infringes third party rights, Leadomatic.com shall have the unfettered right to - without liability to the Customer or User - immediately bar access to such data without prior notice to the User or Customer. The Customer and/or User shall be notified by Leadomatic.com of any such action under this Section.
Leadomatic.com does not own any data, information or material that you or other users submit to the Service in the course of using the Service ("Customer Data"). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Customer Data that you submit. Leadomatic.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
8. Intellectual Property Rights
Leadomatic.com, its owners (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the technology, the content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, Leadomatic.com technology or its intellectual property rights. The Leadomatic name, the Leadomatic logo, and the product names associated with the Service are properties of Kenovate Solutions or third parties, and no right or license is granted to use them.
The Customer and/or User shall not reproduce or redistribute any software, content or trademarks, intellectual property in any form, except as allowed in this Agreement.
The Customer and/or User retain all intellectual property rights regarding data stored by such Customer and/or User on the Service.
You shall defend, indemnify and hold Leadomatic.com, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, owners, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties made herein; or (iii) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Leadomatic.com (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of any such claim (provided that you may not settle or defend any claim unless you unconditionally release Leadomatic.com of all liability and such settlement does not affect Leadomatic.com's business or Service); (c) provides to you all reasonably available information and assistance; and (d) has not compromised or settled such claim.
12. Disclaimer of Warranties
Leadomatic.com AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Leadomatic.com AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
Leadomatic.com IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
13. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Force Majeure
Leadomatic.com is not to be responsible for situations or conditions which fall under force majeure, including but not limited to war, riot, uprising, strike, lock-out, fire, flooding, natural disasters, monetary restrictions, import/export embargoes, interruption of electronic traffic, interruptions or breakdowns in energy or communication supplies, attacks of computer viruses, attacks by hackers, data centers issues and force majeure of subcontractors.
15. Personal Data
To the extent Leadomatic stores or processes personal data on behalf of Users, Leadomatic shall disclose such personal data only according to instructions from such Users. Leadomatic has implemented appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
At the request of the User, Leadomatic shall in reasonable respect grant the User sufficient information in order for the User to ensure that such technical and organizational measures have been taken. Leadomatic is entitled to request payment, at Leadomatic.com's standard rates for such work.
16. Term and Termination
Leadomatic Paid Accounts are pre-paid and are non refundable. Leadomatic DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OF USE OF THE SERVICE. You may cancel your Leadomatic Paid Account at anytime, which will be effective immediately. Should you elect to cancel your Leadomatic Paid Account, please note that you will not be issued a refund for any charged and paid fees. It is your responsibility to keep your contact and payment information current.
Upon non-payment of Paid Account invoice or next due months/cycle, Leadomatic.com reserves rights to terminate Customer's entire Account.
Upon termination - regardless of reason - Leadomatic.com shall be entitled to delete any data stored by the Customer under the applicable paid service plan, after having given the Customer at least thirty (30) days notification of the deletion.
You agree and acknowledge that Leadomatic.com has no obligation to retain the Customer Data, and may delete such Customer Data, more than thirty (30) days after termination of this Agreement. If the Customer and/or User require Leadomatic.com assistance in obtaining stored data, Leadomatic.com is entitled to request payment, at Leadomatic.com's standard rates for such work.
If either party is in material breach of this Agreement, the other party is entitled to terminate this Agreement for cause without notice, if after having given the breaching party a written notice of no less than ten (10) days if the breaching party has not within such notice remedied the breach to the satisfaction of the other party.
For the avoidance of doubt, any termination by either of the parties or the expiry of the term of this Agreement shall only have effect for the future, and shall have no retroactive effects. Notwithstanding the above, the rights and obligations in Sections 2, 3, 8, 10-13 and 16 shall stay in full force and effect after said expiry or termination of this Agreement.
You agree and acknowledge that Leadomatic.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within thirty (30) days notice of such breach.
Leadomatic.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Leadomatic.com's account information, or by written communication sent by mail/courier to your address as on record in Leadomatic.com's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or post) or 12 hours after sending (if sent by email).
18. Modification to Terms
Leadomatic.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Leadomatic.com website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
As used herein, "Confidential Information" means all information exposed or provided to you by Leadomatic.com (a) within the Leadomatic.com Service, or (b) otherwise that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to the Leadomatic.com website. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to Leadomatic.com, (ii) was known to you prior to its disclosure by Leadomatic.com without breach of any obligation owed to Leadomatic.com, as demonstrated by written records, (iii) is received from a third party without breach of any obligation owed to Leadomatic.com, or (iv) was independently developed by you without reference to the Confidential Information, as demonstrated by written records. Except as otherwise permitted in writing by Leadomatic.com, you shall not disclose or use any Confidential Information of Leadomatic.com’s for any purpose outside the scope of this Agreement.
This Agreement shall be governed by the substantive law of the State of India law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in New Delhi, India.
This Agreement comprises the entire agreement between you and Leadomatic.com and supersedes any and all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between us regarding the subject matter contained herein.