Smart Tools - Terms And Conditions

Most recent update: 01.Jan.2015 - applies to all quotes and orders until today
Former update: 01.Nov.2014 - applies to all quotes and orders before “most recent update”

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Legal Form of Forwarding

eCNI provides Smart Tools solely in the legal form of loaners. eCNI does not sell, rent or lease Smart Tools. eCNI charges only a small Maintenance & Support Fee, to compensate for the server operation, communication and eCNI labor efforts. Therefore no liabilities due to functionality, availability or any other performance expectations are accepted. All risks of using Smart Tools remain with the user/customer. Smart Tools are only available to named, subscribed users (single persons or employees of a company). Each user can operate Smart Tools on as many computational devices as needed.

Service Charges, MSF

eCNI generate its revenues by offering Maintenance & Support for its free available apps. Smart Tools are available via the Internet on server farms of established server providers in various countries. They typically operate 50.000+ industrial customer servers. Therefore they provide highest possible uptimes, cyber-attack protection and geographically distributed storage locations to avoid physical damage in case of fire, airplane crashes or terror attacks. eCNI installs all Smart Tools on such kind of servers and accesses them directly out of India, for continuous updating and performance monitoring. eCNI offers in addition online user support via Team-Viewer and Skype (or telephone) on a 7x24 hours basis.

eCNI charges a small and everywhere acceptable monthly Maintenance & Support Fee, MSF, for these operating services.

MSF must be paid in advance of a usage period. Payments can be made in local currency to our partnering banks, without any expenses (customers might use their online banking transfer forms). All amounts are net and do not include any VAT as eCNI delivers all services directly out of Ahmedabad, India.

In case you need additional local IT support you should contact your local IT vendor or consultant. Those companies are legally decoupled from eCNI. Our Terms & Conditions do not apply. Ask them for their Terms & Conditions.

SMS–Texting Charges

Some Smart Tools, such as “Authentic-e-Mail”, incorporate SMS-Texting messages for user identification (of senders and recipients of mails) over phone lines in parallel to internet connections. These SMS-Textings will be charged in addition to the Maintenance & Support Fees. Pls. refer to our website for actual prices.

Rights

All copyrights, patents registered, patents applied and even in the process of registration remain solely and unlimited with eCNI. eCNI rights apply for conceptions, software, way of operation, literature, marketing & advertising and all related issues.

Any attempt of copying or betraying Smart Tool theories of operation or forwarding them to unregistered users will be treated as a violation. eCNI will claim its direct and secondary damages to its full extend and ban such users / customers for a lifetime. Place of jurisdiction is solely “High Court, Ahmedabad, Gujarat, India”. Names and further details of any violating party will be published in the Internet. You should contact us in case of any doubts of a possible rights infringement. Do not use eCNI Smart Tools, in case you do not accept these rights conditions.

Termination of Usage

You can book Smart Tools for a 1 or 1.5 years (pls. check our website for your product) usage period. You can terminate the usage period by sending us an email with your full subscription details (customer ID) or by unsubscribing on our website. The notice time for unsubscribing Smart Tools is 60 days before the booking period ends. Without your in time notice, eCNI assumes that you want to continue to use Smart Tools for another booking period and rents servers, backup devices, internet connections and assigns hotline supporters on its reversal, just to assure an uninterrupted usage. Therefore eCNI demands a notice time.

eCNI is allowed to block the access of its Smart Tools, in case a user/customer does not pay the MSF in time. If a user/customer does not reply to a payment reminder within 30 days all customer data will be deleted from eCNI servers. Unsubscribed user credentials will be erased unrecoverable from our servers.

Liabilities

eCNI is not responsible for contents (information) exchanged between users with Smart Tools. Users take all legal responsibilities by themselves. eCNI has no access nor will ever try to reach access to user contents. All contents remain with a user’s preferred internet or email provider, however in secure encryption. eCNI uses only “user names” (nicknames, etc. defined by subscribers) to exchange “encrypted reading keys” between senders and recipients. This metadata is only temporarily saved and destroyed automatically. Users can however apply for a log-file of up to 6 weeks.

Warranty Exclusion

eCNI does not offer any warranties or secondary claims for its free forwarded applications. However eCNI does all to make Smart Tools secure. eCNI rents professional servers only of established large server providers with proven reliabilities and up-times. Pls. refer to their websites for more detailed specifications and regulations. Although eCNI operates its Smart Tools on servers with parallel disks (Raid-1) plus additional (3rd) backup disks, it does not accept warranty claims for lost data of up-times. eCNI cannot offer any further securities nor accept claims referring to hacker attacks.

Acceptance

You accept and acknowledge these T&C fully. All risks of using eCNI’s free offered Smart Tools remain with you.