Convergence IT Services Pvt Ltd offers uKnowva software product only subject to the agreement and therefore you must accept the agreement before you can purchase, install, upgrade, update, order, receive or otherwise use uKnowva or uKnowva-related services. If you do not agree to all of the terms of the agreement, then Convergence IT Services is unwilling to offer, or sell the uKnowva or uKnowva-related software or services to you and you may not purchase, install, order, receive or use them.

The agreement is between Convergence IT Services owner of uKnowva that accepts the order form for the applicable Software or Service (“Convergence IT Services,” “We,” “Our” or “Us”) and the individual or legal entity purchasing, installing, ordering, receiving or using uKnowva or uKnowva related services, or that clicks the "accept" button or check box displayed as part of the procurement, installation, upgrade or update process (“Customer,” “You,” or “Your”).

  1. Right to Access and Use

    The Software and Services are the property of Convergence IT Services and are protected by law. Although Convergence IT Services continue to own the Software and Services, but after Customer’s acceptance of the Agreement, Customer has license rights to the Software and access rights to the Services during the Term all as set forth in the Agreement. Conditioned upon compliance with the terms and conditions of the Agreement, Convergence IT Services grants to Customer a non-exclusive and non-transferable license to the use the uKnowva Software for which Customer has paid the required fees consistent with the Documentation.

  2. Acquisition Models

    Convergence IT Services offer uKnowva in different acquisition models such as the following:

    • Subscription

      Under the “Subscription” model, the Customer has the right to access the applicable Software or Service subject to the terms and conditions of the Agreement, only for the Term. Customers will use the product as Software-as-Services (SAAS) and pay as per the payment term which has been agreed upon by Convergence IT Services and Customer.

    • One-time

      Under the “One-time” pricing model, subject to the terms and conditions of the Agreement, Customer has a perpetual license to the uKnowva Software. Though customers pay only once for the license but uKnowva will be hosted on “Our” server. The customers need to pay yearly hosting charges and support charges from the second year.

    • On Premise

      Under the “On Premise” model, the Software is deployed on premises and is not hosted by Convergence IT Services. The customer may pay one time for the license but need to pay support charges from the second year.

  3. Cloud

    Under the Cloud model, Software is hosted by Convergence IT Services in an accessible network location. “Subscription” and “One-time” editions come under cloud model.

    RESTRICTIONS - Customer agrees to the following restrictions:
    • Authorized Machines

      You may only install and use uKnowva Software on Authorized Machines owned by you or your Affiliates. You agree that you will not make the Software or Services available or accessible for use by any third person or entity other than your Affiliates either by means of a Hosted System or otherwise. Subject to the foregoing limitations and except as otherwise set forth in the Documentation, a copy of any uKnowva Software that you install on one Authorized Machine may be moved by you to a different Authorized Machine, provided you delete it from the machine from which you are moving thereby eliminating further use of any uKnowva Software on that machine.

    • General Restrictions

      You acknowledge that the Software and Services contain trade secrets of uKnowva or its suppliers. You agree not to disclose, provide, or otherwise make available trade secrets contained within the Software and Services in any form to any third party and you further agree to implement reasonable security measures to protect such trade secrets. For on-premise model you may not (1) Build a competitive product or service, (2) build a product using similar ideas, features, functions or graphics of the Software or Service, or (3) copy any ideas, features, functions or graphics of the Software or Service.

    • Rights of name and trademark

      You acknowledge that Convergence IT Services is the exclusive owner of uKnowva and of all trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other proprietary rights relating to the Software and Services.

    • Use of uKnowva Subject To Compliance.

      Your Agreement with convergence IT services shall remain subject to your compliance with all the terms and conditions of the Agreement, and Convergence IT Services reserve the right to terminate your agreement without any prior notice if there is breach by you of any of your obligations or in the event of any infringement by you of any patents, copyrights, trade secrets or trademarks of uKnowva.

  4. Charges and Payment
    • General Requirement

      Customer agrees to pay Convergence IT Services when due the applicable amounts in accordance with the Mutual agreement. Customer agrees to be responsible for paying for all fees for the entire Term, regardless of whether such Software or Services are actively used. All amounts paid are nonrefundable. Customer is responsible for all incidental charges related to using the Software or Services including, for example, charges for Internet access, third party software licenses, or other data transmission. All pricing terms are Confidential Information of Convergence IT Services. Currently there are three pricing models for uKnowva namely a) Subscription 2) One-time 3) On-premise.

    • Late Payments

      Convergence IT Services may suspend, cancel or otherwise terminate your rights in whole or in part with respect to all Software or Services if you fail to pay in full on time for uKnowva or its Service purchased including any failure to make an Installment or Subscription payment.

    • Upfront Pricing

      If, the customer is paying “Upfront” for Software or Service, no refunds, opt outs or conversion are available and Customer agrees to pay all applicable fees for the item in full or the Term in full once an Order Form is accepted by Convergence IT Services.

    • Installment and Subscription Pricing

      If the customer is paying installments under an installment schedule or on a Subscription basis, no refunds, opt outs or conversion are available once the order form is accepted and subscription term is going on. Customer agrees to pay all applicable deposits, fees and Installments for the full Installment Schedule or all Subscription fees for the full Subscription Term in accordance with the Order Form.

    • Opt Out, Flexible Cancellation and Conversion Pricing

      If, the customer is paying under an Installment Schedule for Subscription model, Convergence IT Services may offer opt-out or flexible cancellation and conversion rights once the subscription term is over but there will be no refund. For One-time and On-Premise model once the software is purchased their will be no cancellation whatsoever.

    • Subscription Pricing and Changes

      With respect to Software or Services on a Subscription basis, One-time or On-Premise Customer agrees that the price of uKnowva may change from time to time depending upon the market conditions the prices may either increase or decrease for all or any portion thereof, and that any such adjustment, shall apply effective at the expiration of the current Term to the applicable fees that Customer must pay. Customer’s sole remedy in such a case, if it does not wish to pay the adjusted fees, is to elect to terminate the Software or Service at the expiration of the current Term. Any one time, ongoing, or related account or other fees are non refundable and nontransferable even if prices for related Software or Services are changed. If Customer adds Subscription Software or Services in the middle of a billing month, Customer may be charged in full for that billing month.

    • Purchase of Support services

      Subscription based edition comes with continuous support as long as the services is in effect. The support for the first year is free for one-time and on-premise editions and from the second year customer need to purchase a separate support service plan. The price for the support plan will be approximately 20% total cost of the software. If support plan is not purchased then there will be no support for uKnowva from the second year for One-time and On-Premise model. 4.8 Payment method; You can make the payment for uKnowva purchase through credit card, online banking and cheque payment. Once the payment is paid in full and is credited in company’s Account you will get the access to the software.

    • Taxes

      Uknowa’s fees are exclusive of all taxes, fees, levies, duties or similar charges arising out of or relating to the Agreement, and you shall be responsible for payment of all such taxes, fees, levies, duties or similar fees.

    • Invoices; Errors

      We may only provide you with a single invoice and we may provide it via electronic means including via an online billing statement. This may be the only billing statement that we provide. We will also provide you with paper copy as per your requirement. If we make an error on your invoice, we will correct it promptly after you tell us and we investigate the charge. YOU MUST TELL US WITHIN THIRTY (30) DAYS AFTER AN ERROR FIRST APPEARS ON YOUR INVOICE (WHETHER IN YOUR ONLINE BILLING STATEMENT OR IF SENT TO YOU). YOU RELEASE US FROM ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT YOU DO NOT REPORT TO US WITHIN THIRTY (30) DAYS AFTER THE ERROR FIRST APPEARS ON YOUR INVOICE (WHETHER IN YOUR ONLINE BILLING STATEMENT OR IF SENT TO YOU). If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.

  5. Term and Termination
    • Termination

      For month to month Subscriptions, customer may terminate Subscription, effective only upon the expiration of the then current term, by notifying the other party in writing at least five (5) business days prior to the expiration date of the current term. For one-time model the customer may terminate only the hosting services once the current month is over by notifying Convergence IT Services in writing at least thirty (30) days prior to the expiration date of the current term.

    • Effect of Termination

      In the event of termination, cancellation, or expiration: Customer’s rights to the uKnowva and its services shall immediately terminate; Customer shall immediately pay Convergence IT Services for all amounts due through the effective date of termination, cancellation, expiration; Customer agrees to pay any future Installment or Subscription payments due for the entire Installment Schedule or Subscription Term, as applicable, as consideration for pricing accommodations and other consideration and as a fair approximation of damages and not as a penalty. Any payments due hereunder will be immediately due and payable and can be charged by Convergence IT Services.

    • Data Purging

      Convergence IT Services holds the rights to purge any accounts data in case the accounts free trial has been expired and the account is not under any valid subscription or in case the account is cancelled or expired due to non-payment.

  6. Internet and Fault Tolerance

    Services may be subject to limitations, security risks, delays, and other problems inherent in the use of the internet and electronic communications. Convergence IT Services is not responsible for any delays, delivery failures, security breaches or other damage resulting from such problems.

  7. Entire Agreement

    The Agreement (including “Terms of Use”, “Terms and Conditions” “Privacy Policy” “Disclaimer”) constitutes the entire agreement between Convergence IT Services and you with respect to the uKnowva. Both the parties (Convergence IT Services and Customer) will abide by the agreement set in this terms and conditions.

  8. Amendments

    Convergence IT Services may, at any time, amend the provisions of the Agreement and/or the Privacy Statement, and you may accept the amended provisions. Any amendment proposed by you may only be accepted by Convergence IT Services in a non-electronic writing manually signed by authorized representatives of the parties. Therefore, you agree to periodically visit the Website to examine the then-current Agreement (including the Privacy Statement).

{uKnowva is a brainchild of Convergence Services}