Privacy Policy / Support Policy

SOFTWARE MAINTENANCE TERMS & CONDITION

SUPPORT TERMS

Unless otherwise stated, these Software Technical Support Policies apply to technical support for all ComTek Software Systems (CSS) Developed Product lines. "You " And " Your " refers to the individual or entity that has ordered technical support from ComTek Software Systems (CSS) or an authorized distributor These Technical Support Policies are subjected to change at CSS's discretion; however CSS policy changes will not result in a material reduction in the level of the services provided for supported software during the support period (defined below) for which fees for technical support have been paid.

Technical Support Fees

Technical support fees are due and payable annually in advance of a support period, unless otherwise stated in the relevant ordering document or financing or payment contract with CSS. Your commitment to pay is required to process your technical support order with CSS (e.g., Purchase order, actual payment, or other approved method of payment). An invoice will be issued only upon receipt of your commitment to pay, and will be sent to a single billing address that you designate. Failure to submit payment will result in the termination of support.
The Proportion of our AMC Fees is 70% New Database Creation + 30% Support.

Support Period

Technical support is effective from the effective date of your ordering document unless stated otherwise in your ordering document. The effective date is the date on which your order is accepted by CSS. Unless otherwise stated in the ordering document, CSS technical support terms, including pricing reflect a 12month support period (the "Support Period").

All Technical support services provided for a support period and the related fees are non-cancellable and non-refundable. CSS is not obliged to provide technical support beyond the end of the support period.

License Set

A license set consists of (i) all of your licenses of a programs, including any options*. Licence Name is not transferrable in any circumstances.

Reinstallation & Training

Software reinstallation charges and retraining charges will be extra depending upon the requirement and the time spent in retraining. This retraining will be only for CSS software and NOT ABOUT THE STOCK EXCHANGE SYSTEMS and operations. Trainee must have adequate knowledge regarding the Stock Market Operations, Accounting, Banking, Compliance, Clearing Operations, Billing Operations, DP Operations, Settlement System, Finance, Taxation and advance computer operation.

Reinstatement of CSS Technical Support

In the event that technical support lapses or was not originally purchased, upon the commencement of technical support a reinstatement fee will be assessed. The reinstatement fee is equal to 200% of the last-paid support fee, or 150% of the last-published list of technical Support price for the licensed program

Unsupported Programs

Customers with unsupported software are not entitled to download or receive updates, maintenance release, patches, telephone assistance, or any other technical support services for unsupported programs.

FAIR USAGE POLICY

As part of our commitment to providing excellent quality and reliable service, CSS has a Fair Usage Policy on its Telephone Support Service. The Fair Usage Policy contains usage guidelines for customers using the CSS Telephone Support Service to ensure that customers use the service reasonably.


CSS reserve the right to limit the time our support team spends on phone calls with any customer who is deemed to be taking advantage of this service. Calls lasting more than 15 minutes will be subject to this policy, as they might be deemed as training rather than support. All support customers can use the telephone support service for 45 minutes each month. Customers using the telephone support service for more than 60 minutes, per month, per user, may be subject to review. Our support team will be available during the official working hours decided by CSS.


Some of our clients use the telephone support as a training tool, talking with one of our many skilled support staff for hours on end and monopolising the support team’s time – taking away vital support from other customers. It is also unfair for those customers paying for extra training. Training webinars can be arranged and are chargeable.


CSS request to manage your internal communication for the queries with your Head of department before it comes to our support staff for better clarity, we are responsible to give support service only to the head of the Department and not all the staff in your Organisation, it is the duty of the head of department to pass the solution given for the queries raised to their subordinates.


Our Fair Usage Policy applies to our customer telephone support service. It’s designed so that each and every customer gets fast and reliable support whenever you use it. Our Fair Usage Policy assumes maximum 5 person/head of department only communicating to our support team. Any additional persons/head of department supports required at an additional cost.


Whilst we don’t ever want to stop any customer speaking with a member of the team, we must also provide the same level of service to all of our customers in equal proportion.


Support calls are monitored by the Customer Service Manager and collated in terms of time and support quality to ensure that all customers are treated equally and provided with the best service possible.

Technical Contacts

Your technical contacts are the sole liaisons between you and CSS for technical support of programs. Your technical contacts must have, a minimum initial basic product training and, as needed, supplemental training appropriate for specific role or implementation phase, specialized product usage, and/or migration. Your technical contacts must be knowledgeable about the CSS programs, and Laws related to Operation of Software, and your environment in order to help resolve system issues and to assist encountering and an ability to reproduce the problem in order to assist CSS in diagnosing and tracing the problem. To avoid interruptions in support services, you must notify CSS whenever technical contact responsibilities are transferred to another individual. CSS may review service requests logged by your technical contacts, and may recommend specific training to help avoid service requests that would be prevented by such training.

Programs Updates

"Update" means a subsequent release of the programs which CSS generally makes available for software licenses to its supported customers at no additional license fee.


Updates do not include new features, new versions, custom features. CSS may charge full/additional cost for upgrade/update of software for new features/version/customize feature. Updates do not include new features developed by CSS after software is installed. Updates do not include features which are chargeable but are given by error. CSS is under no obligation to develop any future programs or functionality. Any updates made available will be delivered to you, or made available to you for download. You shall be responsible for copying downloading and installing the updates.

NEW FEATURES AND COMPLIANCE

It is your sole responsibility to check/verify any new features/compliance added in the software update, prior to submitting the report to regulatory. And report the changes required if any, immediately.

Data Access and Security

Database design and structure ownership will remain with CSS, we never allow accessing / adding / editing / deleting of the data outside of the application. Access of Raw data from database by user/ other party will void the warranty of the software. If raw access of data is required then take prior permission from CSS with valid consultation/access fees. Backup and protection of data will be sole responsibility of your team.


Sometimes, in order to help you, CSS support team may ask for access to your database. This access is intended for us to check what is happening inside your site and give you solutions based on what we are seeing.

When you give us permission to make changes, please take into account that these changes may have unexpected results. Therefore, it is extremely important to backup-up your database before CSS Support starts working on it. Backup should include the database and the file systems.

If we find a problem in your database, which we can only reproduce on your database, we may ask your permission to make a copy and use for development and debug purposes. The extent of this work is only to troubleshoot the problem that you have reported. Once we are done with this we will no longer use your database for other work.

Under no circumstances will we expose any of your data or share it with anyone else. We will treat your database as we treat our own. Whenever possible we prefer to work on backup sites and not on your production site. It is impossible for us to create test data for every customization done on your site, so it is necessary to get the access of database for checking the customization done in on your site.

CSS will not access, collect or store any personally identifiable information (except for technical support contact information) or business data files residing in your software environment. Data provided to CSS by are stored in secured repositories. It will be used to assist in resolving service requests and to provide recommendations regarding configuration of your environment and deployment of programs. Data are used to help CSS improve upon product and service offering for you.

Data Collection Policy

We collect the data on “Google Analytics” about the software features used, so it helps in giving support while changing any features. We do not collect any data related to client profile /trades / financial information.

Right to De Support

It may become necessary as a part of CSS's product lifecycle to de support certain program releases and, therefore, CSS reserves that right; For all other CSS software, de support information, including de support dates, information about availability of Extended Support and Sustaining Support, and information about migration paths for certain features, is posted on our website. De support information is subject to change.

First and Second Line Support

You are required to establish and maintain the organization and processes to provide "First Line Support" for the supported programs directly to your users, clients, branchs, sub-brokers, etc...

First Line Support shall include but not be limited to

  • a direct response to users with respect to inquiries concerning the performance, functionality or operation of the supported programs,
  • a direct response to users with respect to problems or issues with the supported programs,
  • a diagnosis of problems or issues of the supported programs,
  • a resolution of problems or issues of the supported programs.

If after reasonable commercial efforts you are unable to diagnose or resolve problems or issues of the supported programs, you may contact CSS for "Second Line Support". You shall use commercially reasonable efforts to provide CSS with the necessary access (e.g., access to repository files, log files, or database extracts) required to provide Second Line Support. CSS does not warrant its performance of the technical support described herein if you do not provide such access at CSS’s request.
Second Line Support shall consist of

  • a diagnosis of problems or issues of the supported programs and
  • reasonable commercial efforts to resolve reported and verifiable errors in supported programs so that such supported programs perform in all material respects as described in the associated documentation. CSS may review service requests logged by your technical contacts, and may recommend specific organization and process changes to assist you with the above recommended standard practices.

Third Party Vendor-Specific Support Terms

You must remain on a supported environment – including applications and platforms – to receive technical support. If a vendor retires support for its product, you may be required to upgrade to a current certified and supported application, hardware platform, framework, database, and/or operating system configuration to continue receiving technical support services from CSS.

Warranties, Disclaimers, and Exclusive Remedies

CSS warrants that technical support services will be provided in a professional manner consistent with industry standards. You must notify CSS of any technical support services warranty deficiencies within 30 days from performance of the defective technical support services.


FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND CSS’S ENTIRE LIABILITY, SHALL BE THE REPERFORMANCE OF THE DEFICIENT TECHNICAL SUPPORT SERVICES, OR IF CSS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT TECHNICAL SUPPORT SERVICES FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES. ANY TYPE OF FEES PAID TO CSS IS NON REFUNDABLE IN ANY CIRCUMSTANCES. THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. CSS’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF SHALL BE LIMITED TO THE FEES YOU PAID TO CSS FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES GIVING RISE TO THE LIABILITY.



** End of Policy Document **



This support policy available online at our website www.comtek.in -> Support -> Support Policy


(Link: http://www.comtek.in/supportpolicy.html )