Terms and Conditions
 
Legal Statements
 
Introduction
 

Thank you for visiting our website. The Telecom Certifications is owned by Convergence Labs.

Your use of our website is subject to the following terms and, by using our website, you agree to be legally bound by them. This applies whether you register your details with us or not. Please read these terms carefully before using our website. If you do not agree to these terms, please do not use our website.

We may revise these terms from time to time. Please read these legal statements from time to time to review them, since you are legally bound by them. Certain areas of our website may be subject to additional terms, or terms that supersede these ones. You will be informed of this on those pages.

You may use our website without registering your details with us. Certain areas of our website will only be available to you if you register.
Privacy Statement
 
We regard your privacy as important and the details that we collect from you, if you have chosen to provide them to us, is to enable us to send you information about products and services in which you register an interest. Please view our Privacy Policy for further information on our policy.

By providing us with your information you consent to us processing it for the purposes outlined in our Privacy Policy.

It is a requirement of using this site that at all times you will provide true and accurate details in registration forms and via other information request points on our site and also that you do not share any log in details with third parties without our express consent.  You agree to notify us immediately if you suspect that a password used by you has been used by a third party.

If you provide or the CONVERGENCE LABS has reasonable grounds to suspect that you have provided any information that is untrue, inaccurate, not current or incomplete, CONVERGENCE LABS has the right to suspend or terminate your use of our site and refuse any and all current or future use of the site (or portion of the site.)
 
Licence
 
You are permitted to print and download extracts from our web site for your own use only (and on no account for commercial purpose), provided that:

• you do not modify any documents or their related graphics in any way;
• you do not use graphics separately from corresponding text; and
• our Intellectual Property Notice and this licence notice appear with all copies so printed and downloaded.

This licence does not extend to the commercial use of our web site, any collection or use of any product listings, descriptions of our products or services, our pricings or any access to, and downloading of details of any third party who may be identified from any of the contents of our web site.

You are granted a non-exclusive and revocable licence to create a hyperlink to our home page. Your hyperlink must not portray CONVERGENCE LABS, our products and services, our agents, associates and affiliates in an offensive manner, or be misleading or false. You may not use our trademarks as part of your link without our written agreement for you to do so.

You acknowledge that CONVERGENCE LABS may terminate or suspend your right to use this web site if you breach, or if CONVERGENCE LABS has reasonable grounds to suspect that you have breached the provisions of these Terms of Use.
 
Your use of the CONVERGENCE LABS web site
 
Apart from your personal information, which is covered by our Privacy Policy any other material that you may post to our web site will be considered non-confidential and non-proprietary. CONVERGENCE LABS shall have no obligations with regard to such material. CONVERGENCE LABS shall be free to copy, disclose, distribute, incorporate and use this material and all things embedded in it for its own commercial and non-commercial purposes.

When you use our web site, you may not use it in any way that may be technically harmful (such as infecting it with computer viruses, logic bombs, Trojan horses, worms or any other harmful components, corrupted data, malicious or harmful software).
You may not use our web site for any fraudulent or illegal purpose or in connection with a criminal offence.
You may not post or transmit material to, from or through our web site that may be threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, scandalous, inflammatory, blasphemous or that may infringe the rights of any third party.

You may not cause annoyance or inconvenience to any person by using our web site.
CONVERGENCE LABS shall co-operate with any law enforcement authorities or court order requesting or directing CONVERGENCE LABS to disclose the identity or locate anyone posting any material in breach of any of these provisions.
 
Links to Other web site
 
Links to third party web site on our web site are provided solely for your convenience. If you use these links, you will leave our web site. CONVERGENCE LABS has not reviewed all of these third party web site and does not control and is not responsible for them or their content or availability. CONVERGENCE LABS does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party web site linked to our web site, you do so entirely at your own risk.
 

Completing Forms on the CONVERGENCE LABS web site
 
If you choose to provide us with information via a form on the CONVERGENCE LABS web site we will use that information only to complete the request specified by that form, or to update you regarding similar products and services to those purchased.
• If you choose to complete any CONVERGENCE LABS form, we will collect your information by an automated process.
• We will not share your information with any third party, other than as described above in Your Use of the CONVERGENCE LABS web site  and our Privacy Policy.
• We do not create individual profiles with the information that you have provided.
• We will retain the information provided by you only for so long as is reasonably appropriate.
 
Copyright Statement
 

All content within our web site and software, passwords and code used or supplied in connection with its operation is the property of CONVERGENCE LABS or its licensors unless stated otherwise. For further details of our policy with regard to all of our intellectual property, please see our Intellectual Property Statement.

You expressly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this web site or connected CONVERGENCE LABS web site or content, products or service made available via those sites.
 
Disclaimer
 

While we endeavour to ensure that the information on our web site is correct, CONVERGENCE LABS does not make any warranties or representations about the accuracy and completeness of the material on it. CONVERGENCE LABS may make changes to the material on the web site, or to the products and prices described in it, at any time without notice. The material on our web site may be out of date, and CONVERGENCE LABS makes no commitment to update such material. CONVERGENCE LABS expressly disclaims liability for errors and omissions in the contents of our web site. Users should seek appropriate advice before proceeding on the basis of any information.

The material on our web site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our web site on the basis that CONVERGENCE LABS excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the web site.

CONVERGENCE LABS accepts no responsibility for any loss which may arise from reliance on any information contained on this web site or any other sites linked from this site. You agree that CONVERGENCE LABS is excluded from all liability of any kind arising from any third party content or information on or linked from this site.

You acknowledge that use of the Internet is not guaranteed to be continuous or error free.  The CONVERGENCE LABS shall not be liable for damage, costs or loss arising from events outside its control including without limitation flood, fire, theft, power outage, terrorist attack, loss or interruption of communications service, or strike.
 
Liability
 
CONVERGENCE LABS is nor liable for all loss directly resulting from the use of, or inability to use, its web site. Save for that limit, CONVERGENCE LABS and any of its group companies of CONVERGENCE LABS and the officers, directors, employees, shareholders, contractors or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party through the use of, or your inability to use, our web site, or through the content of our web site. This includes (but this list is not exhaustive) any indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or use of money. This limitation applies whether your damages or losses may arise in tort (including without limitation negligence) or contract.
Nothing in this legal notice shall exclude or limit the liability of CONVERGENCE LABS for:

• (a) a death or personal injury caused by negligence
• (b) fraud; or
• (c) misrepresentation as to a fundamental matter; or
• (d) any liability which cannot be excluded or limited under applicable law.
If your use of material on our web site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs of such.

Nothing in these Terms of Use shall affect your statutory rights.
 
General
 
Notices served in relation to these Terms of Use must be in writing and may be served by post or e-mail.
 
Governing Law and Jurisdiction
 
These legal notices shall be governed by and construed in accordance with Government of India law only. Disputes arising in connection with these legal notices shall be subject to the exclusive jurisdiction of the A.P High Court (INDIA) Only,
 
CONVERGENCE LABS Terms and Conditions of Supply
 

This page contains the terms and conditions on which we supply the Certifications listed on our web site to you. Please read these terms carefully before ordering any certification from our web site. When you order any Certifications from our web site, you agree to be bound by these terms and conditions.

You will be asked to click "I accept" at the appropriate place prior to your purchase. If you do not click "I accept", you will not be able to complete your purchase.
 

1. INTERPRETATION
 

1.1 In these Conditions:

• 'CONVERGENCE LABS Certification web site means the Seller’s Online Certification System at www.telecom-certifications.com.
• 'Seller' means Convergence Labs.
• 'Buyer' means the person who accepts a quotation of the Seller for the online examination.
• 'Conditions' means the standard terms and conditions (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller.
• 'Contract' means this contract for the purchase and sale of CONVERGENCE LABS Products.
• 'Copyright Licence' means the Licence attached as an Appendix to these Conditions.
• 'Electronic' means the digital form of a 'Certification'.
• 'Hardcopy' means the paper form of a Certification.
• 'Prices' means the Seller's quoted prices listed on the
• 'Writing' includes telex, cable, facsimile transmission and comparable means of communication.
• 'Consumer' means any natural person who is acting for purposes that are outside his or her business.

1.2 Any reference in these Conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. BASIS OF THE SALE

2.1 The Seller shall sell and the Buyer shall purchase the Online Certifications in accordance with the Conditions, and the Prices set out in the CONVERGENCE LABS web site. The Contract on the terms of the Conditions is completed on acceptance by the Seller of the order of the Buyer placed on the CONVERGENCE LABS web site. The Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.

2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and the Seller.

2.3 The Buyer will be responsible for the selection of the Online Certifications and any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the suitability, fitness for any purpose, application or use of the Publications is intended for guidance only and is followed or acted upon entirely at the Buyer’s own risk. Accordingly the Seller shall not be liable for any such advice or recommendations.

3. ORDERS

3.1 Orders can be placed for selected Certifications through the CONVERGENCE LABS web site. Payment for such orders shall be by credit card payment only. In case you do not possess a Credit Card, you can pay it through wire transfer to our bank.

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer.

3.3 The quantity and description of the Certifications shall be those set out in the Buyer’s order (if accepted by the Seller), but in either case the Publications shall be inclusive of any amendments issued by the Seller at the time of purchase.

3.4 Subject to Clause 11 and clause 12, no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller.


4. PRICE OF THE PUBLICATIONS

4.1 The prices of the Certifications to all Buyers shall be the Seller's quoted prices listed on the CONVERGENCE LABS web site at the time the Contract is made between the Buyer and the Seller.

4.2 The price quoted on the CONVERGENCE LABS web site is inclusive of any applicable Value Added Tax (‘VAT’) or Service Tax. The total price payable will include any applicable Tax.

5. TERMS OF PAYMENT

5.1 Payment can only be made via authorized credit card at the time of the transaction on the CONVERGENCE LABS web site, or by invoice. Receipts for payment will be provided in hard copy only.

5.2 The CONVERGENCE LABS takes reasonable measures to ensure that the web site is a secure site and the Seller undertakes to take all necessary steps to ensure that any information provided by the Buyer for the purposes of payment will be kept secure.

The use of the Internet is not guaranteed to be continuous or error free.  The CONVERGENCE LABS shall not be liable for damage, costs or loss arising from events outside its control including without limitation flood, fire, theft, power outage, terrorist attack, loss or interruption of communications service, or strike. Due to the nature of the internet, CONVERGENCE LABS does not guarantee the complete security of your information on the web site.

6. DELIVERY OF ELECTRONIC PUBLICATIONS

6.1 Certifications will be both electronic and also delivered by post, as may be applicable for each successful completion of the certification.

6.2 Once payment has been authorized the Certifications ordered will be available after the verifying the credentials of the candidate registered. This process might take about 1 working day. It is intended that the Buyer will taking the Certifications within 3 months from the date of payment but in any event the Certifications in question will only be available after verifying the credentials of the candidate. Once the payment is done by the candidate, the candidate need to send photo copy of the Identity Proof (Any one of the following – Passport / SSN / Voter Id Card / Driving License / Ration Card).

6.3 If the Certifications are not taken within the 3 Month period, the transaction id will expire and the user need to create a new transaction id by online payment and no refund will be given if the candidate fails to take the online examination within 3 months of time. Also NO Hard or Soft copy of the certificate will be offered if the candidate fails to clear the exam.

6.4 The Buyer is entitled to download the copy of each Electronic certification. Once the candidate clears the certification, he will be sent the hard copy of his certification.

6.5 Claims for non-delivery of any Certification must be made on the Business Day following the time of payment or the time of the request referred to in Clause 6.3. Your statutory rights are not affected.

6.6 Your transactions are non-transferable.


7. RESTRICTION ON USE

7.1 The Buyer acknowledges that in calculating the price for the Publications the Seller has assumed that there will be no resale market.

7.2 Once the candidate has successfully cleared his online examination, he is permitted to use the Certificate Logo in his Resume (CV).

7.3 The restriction contained in Condition 8.2 does not preclude the Buyer, in clearing a Certification, from making free use of necessary details such as symbols and size type or grade designations including without limitation use by incorporating the same into computer programs but the Buyer is totally prohibited from selling, licensing or in any way parting with possession of any resulting product including without limitation, computer programs, without the consent in writing of the Seller which if granted will be on terms including royalty.

8. WARRANTIES AND LIABILITY

8.1 Whilst all reasonable care is taken in the preparation and review of Certifications, the Seller does not warrant that the Certification programs are according to any specific vendor standard.

9. GENERAL

9.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

9.2 No waiver by the Seller or any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

9.4 The Seller shall not be liable in any way for loss, damage or delay consequent upon any circumstances beyond its reasonable control.

9.5 The Contract shall be governed by the laws of India and the parties submit to exclusive jurisdiction of the courts of India.


10. SPECIFIC TERMS RELATING TO TRAINING COURSES

10.1 Cancellation of courses –Once the candidate has registered for the Certifications, under no circumstances he will be permitted to cancel it. In case of cancellation, the candidate will forfeit the paid fee.

10.2 Cancellation of courses by CONVERGENCE LABS and changes to course content – CONVERGENCE LABS reserves the right to alter the courses' content without prior notice. CONVERGENCE LABS reserves the right to cancel any Certification at any time with no liability. In these circumstances, CONVERGENCE LABS will offer alternative dates or a full refund or a credit note.

10.3 Intellectual property in our Certifications – CONVERGENCE LABS will be the sole owner of intellectual property rights over Certifications. It is the client's responsibility to ensure course Certifications are not reproduced, stored or transmitted to others without prior consent from he owner. Unlicensed copying of any Certification is illegal.

11. SEVERABILITY

If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12. ENTIRE AGREEMENT

12.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

13.1 We have the right to revise and amend these terms and conditions from time to time.

13.2 will be subject to the policies and terms and conditions in force at the time that you apply for certifications from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Certification).

 
 
 
 
© Telecom Certification 2009. All rights reserved.