SERVICE LEVEL AGREEMENT BETWEEN
KC Memorial Clinic Limited, a company registered in Bangladesh and having its Corporate Office: 56 Pragati Sharani, (4th Floor), Road#12, Block – J, Baridhara, Dhaka-1212, Bangladesh. hereinafter referred to as “KCMC” (which expression shall, where the context so admits, include its successors-in-interest, heirs, executors, legal representatives, administrators, agents and assigns) of the ONE PART.
AND
A patient or individual user who is taking any KCMC Services hereinafter referred to as “Clients” (which expression shall, where the context so admits, include its successors-in-interest, heirs, executors, legal representatives, administrators, agents and assigns) of the OTHER PART
OTHER PART AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH ELASTIC. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS, USE or TAKE THE SERVICES.
1. Our agreement
1.1 This agreement applies from when we accept your request for product and service. Please read the terms carefully before taking product and/or ervice with us.
1.2 By taking and/or activating Service with us and/or clicking the accept button on the login/registration page you agree to be bound by this agreement. You also agree to permit KCMC to use your details for Advertisement/Marketing/Promotion or any other need. This is also applies for third party’s if any related to those services. If you do not agree to the terms of the agreement, do not take/use the product/Service.
1.3 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.
1.4 This agreement contains disclaimers and other provisions that limit our liability to you.
1.5 Term: This agreement takes effect on the day Services will be activated ore order for product. By signing this agreement, the Client agrees to a minimum service period (“Minimum Term”) (if any) of One (1) Year for his/her Services. The agreement will stand automatically renewed at the expiry of minimum Term, unless KCMC is notified in writing to the contrary, at least thirty (30) days prior to the expiration of the Minimum Term. If Client terminates his/her Services during this Term, he/she will be liable to pay the charges equal to 30 days of Service.
1.6 Rates and Charges: As long as Client subscribes to KCMC’s Services/Products, Client agree to pay in advance applicable service/product rates for Service plans he/she has selected along with all charges property billed to his/her account. Such charges include (but are not limited to) a one-time non-recurring set-up fee and recurring monthly Service Charges and VAT (if any). KCMC reserves the right to increase/decrease these charges/tariffs and packages by giving 15 days advance notice to the Client.
1.7 Late Charge: Payment is due on the date indicated on the Service bill, Any balance amount remain unpaid on the next billing date, shall be considered in default and will subject to a surcharge of five Percent (5%) of the unpaid balance due per month. In this meantime client service can be temporary terminated by systemically or manually until full payment of total dues and bill will not be stop during this temporary disconnection time.
1.8 Change of Service Plan: Client may change to another Service plan free of charge if no actual work is needed by KCMC staff at Client’s premises. Written/emailed change of Service plan request from Client should reach KCMC on or before 25th day of a calendar month for the new plan to take effect from 1st of next month. No charge of Service plan request will be entertained during the month.
1.9 Refund: Client may terminate Service by Giving KCMC’s 30 days prior notice to claim refund of already paid charge expect to initial for initial one-time setup/installation fee and cost of equipment. Refund of monthly charges will be calculated equal to the amount remaining against the time/traffic volume un-utilized by the Client from the date of filling refund claim with KCMC. Minimum processing period for refund request will be 14 Working days from the date of filling of claim. Maximum refund amount should be equal of smaller than one month service payment.
2. Providing services
2.1 Service is available to your Unit only when it is within the range of our Coverage.
2.2 All services are provided on an “as is” basis. We do not 100% warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.
2.3 We will always try to make the Service available and on time, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for any delay or cancelation of product/service that you may lose or that become misdirected because of interruptions issues with the Service.
2.4 We reserve the right to immediately and without notice, suspend your access to the Service.
2.5 Availability of Service: KCMC will use its best efforts to provide Clients with possible quality Services, as far as technically feasible. However Service is subject to many limitation of as like technical and human errors. Service may be temporarily unavailable or limited, which is not in control of KCMC. Service to equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in the event of a schedule interruption, reasonable notice will be given to the Client.
3. Use of the Service
3.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or improper;
(b) You do not use the Service to harm or attempt to harm minors in any way;
(c) You do not use abusive or threatening behaviour towards other users of the Service, members of our staff or any person related to KCMC;
4. Security
4.1 The registration process requests that you provide a username and a password, or your KCMC Will provide a random username, password to be used to access the Service care panel. You must treat your username and password as confidential and you must not disclose such detail to a third party. All information provided to us by you during the registration process shall be true and accurate and will be relied upon by us for the provision of the Service.
4.2 You are solely responsible for all use of and for protecting the confidentiality of your username and password. You are responsible for all activities that occur under your registration. Any breach of security of a username and password or anything related to service should be notified to us immediately. We have the right to disable your username and/or password or services at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
4.3 Indemnity: KCMC is not responsible for any injuries or loss to Client caused by Client’s use of Service. Client agrees to indemnify, defend and reimburse KCMC of expenses, including attorney fees and claims for such losses and injuries including those arising out of negligence, tort or strict liability claims. This indemnity shall continue even after the term of this Agreement has expired and/or after the termination of this Agreement.
5. Privacy Policy
Personal data submitted by you in the registration process and certain other information about you is subject to our Privacy Policy. By using our services you are permitting KCMC to use your basic profile information for reporting, marketing, survey and other related things by KCMC itself or any third party related to KCMC.
6. Disclaimer of Warranties
THE SERVICE/PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANT ABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. KCMC DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, REFEERER, DOCTORS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR-FREE.
7. Limitation of Liability
EVEN IF KCMC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY, DEATH OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
8. Class Action Waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
9. Termination
We can cancel this agreement immediately if any of the following happens:
(a) You break an important condition of this agreement or some less important conditions as determined by IKCMC.
(b) Clients can cancel KCMC services after completing Minimum service period One Year (Twelve Month) (if any) with at least one month (Thirty days) pre Notice. Dues must be clear before cancellation of any service from KCMC. Otherwise KCMC have full right to keep running Recurring bill, and client need to pay till complete of Twelve Month
(c) During termination clients have to return all services product provided by KCMC such as Media converter, Onu, SFP, TJ Box, Cable, router, switch, tracker or any other related device or equipment.
10. Service Limitation
10.1 You may face limited service or no service problem due to unpaid invoice or inactive account issue.
10.2 You may face limited service or no service problem due to inappropriate registration process or false information provided during history check or registration which are related to subscribed services.
10.3 You may face limited service or no service problem due to natural calamity, network issue, coverage problem, third party issue, strikes, civil commotion, riots, war; or any other act or event that is beyond the reasonable control of KCMC.
11. General
11.1 You agree to take this service as your own responsibility and understand that we can not gurranty you process, system and service is 100% error free.
11.2 You agree to protect your username and password or other services related information. You are responsible for any usage of your account. If you become aware of any unauthorized or fraudulent usage of the Service via your account, you should notify us immediately.
11.3 You agree and understand that you or anybody on behalf of your or patient can not take any legal action against KCMC as all doctors and service persons is an indivisual person and no one is 100% error free.
11.5 This agreement shall not confer any benefit on a third party
11.6 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforce ability of any remaining provisions.
11.7 We reserve the right to amend these terms and conditions at any time without any notice. It is clients duty to check updated terms and condition time to time.
How to contact us
Write to us at:
56 Pragati Sharani, (4th Floor), Road#12, Block – J, Baridhara, Dhaka-1212, Bangladesh.
and/or email us at:
info@kcmcbd.com
and/or Call us at:
+8809610221222, +8801952200180, +8801952200112
and/or visit: https://kcmcbd.com