The following terms and conditions apply to current CDM+ plans. They are not relevant to traditional licenses unless otherwise noted. Elements relating to services provided through select traditional services (Hosting, Engage) may apply.
Last updated: 2022-12-07
The following terms and conditions apply to organizations (USER) who license access to CDM+ Desktop, CDM+ Mobile, Engage, or other Suran services (SERVICE). Using the SERVICE; placing an order for the SERVICE (verbal or written); and/or making payments for the SERVICE represents your acceptance of these terms and conditions.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions apply to custom software development orders and are included with the customization proposal.
Licenses for bundled software packages/libraries are embedded with the CDM+ Desktop application in the following locations. Accepting the terms and conditions for the SERVICE implicitly accepts the terms and conditions of these bundled software packages/libraries.
Suran Systems, Inc. (SURAN) reserves the right to update these terms and conditions at any time. Updates will be published to the Suran Help Center. If you object to updated terms and conditions, you may request cancellation (see below) within 30 days of a published update without additional penalty. Any penalties defined under the previous terms and conditions relating to cancellation still apply.
Enrollment date is calculated at the date the SERVICE is first available for use by the USER.
If there is a data conversion from 3rd-party software that prevents any use of the SERVICE, enrollment will not commence until some or all part of the converted data is made available for use by USER. If some functions of the SERVICE are available for immediate use while other functions will be available following data conversion, enrollment commences immediately.
Any promotions that defer initial payment affect the initial payment date only and do not affect enrollment date.
A recurring monthly charge will be automatically debited from the bank account specified by USER commencing on the enrollment date. It is the responsibility of USER to notify SURAN of any changes to the source bank account. Please submit an updated ACH Withdrawal Authorization Form to notify SURAN of any changes to the payment bank account.
A $10 fee will be assessed for any returned transactions.
Contested payments should be addressed directly with Suran. Any fees for chargebacks on a contested payment will be passed along to USER.
All payments are non-refundable.
The monthly charge listed on this agreement is guaranteed for twenty-four (24) months assuming no change to configuration of the SERVICE. After twenty-four (24) months, the monthly charge may change without notice. If the configuration of the SERVICE is modified within the first twenty-four (24) months and new pricing has been introduced by SURAN, the rate will adjust to the new pricing with the next monthly payment.
Changes to configuration can be made at any time and will affect the next monthly payment. Changes include adding or removing programs; adding or removing user licenses; and changing plans.
When changing to a plan with a higher monthly rate, USER must remain enrolled in that plan for a minimum of three (3) months before changing to a plan with a lower monthly rate.
If a data conversion was offered at no charge when moving to a plan configuration with a higher monthly rate, additional fees may apply if the plan is later changed to a lower rate. Fees will be assessed per the terms described under CANCELLATION: DATA CONVERSIONS.
New enrollments include two (2) hours of complimentary training. SURAN will contact USER to arrange one (1) hour of training within the first month of enrollment and a one (1) hour within the third month following enrollment. Additional training can be purchased at the published rates.
Changes in key personnel also qualify for two (2) hours of complimentary training. Contact firstname.lastname@example.org to arrange this service.
USER may request cancellation by completing a CDM+ SAAS Cancellation Form. There is no termination fee for the SERVICE itself. Fees may apply to obtain a data dump or if a data conversion was performed.
Upon cancellation, a data dump can be provided for the following fee:
|Time Since Enrollment Date||Fee|
|60 days or earlier||None|
|61 days to 1 year||$500|
|1 year to 2 years||$300|
|2 years or later||None|
If a data conversion was performed and cancellation occurs within the first one (1) year of enrollment, (a) all remaining monthly payments for that first one (1) year of enrollment OR (b) the standard cost of the data conversion, whichever is lower, will be due at the time of cancellation.
If 1) USER desires to re-enroll in the SERVICE and 2) the version of SERVICE last used by USER is no longer supported by SURAN then 3) USER will be considered a new enrollment for the purposes of sales terms and conditions. Otherwise the original SERVICE will be resumed as if there was continual enrollment in the SERVICE. This condition applies to traditional licenses. At the discretion of SURAN this condition may be null if the SERVICE for re-enrollment significantly differs from the original SERVICE.
The SERVICES are owned and provided by Suran Systems, Inc. and are protected by United States copyright laws. You must treat the SERVICE like any other copyrighted material. The license and your right to use the SERVICE terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all local copies of products provided by the SERVICE or return them to Suran Systems, Inc.
SURAN warrants the SERVICE will perform substantially in accordance to industry standards. See Hosting Policies for additional warranties and service level agreements. Any written or oral information or advice given by SURAN, dealers, distributors, agents or employees will in no way increase the scope of this warranty.
If the SERVICE fails to comply with the warranty set forth above, SURAN's entire liability and your exclusive remedy will be, at SURAN's option, reasonable effort on the part of SURAN to make the SERVICE meet the warranty set forth above. If SURAN is unable to make the SERVICE conform to the above warranty, SURAN, at its option, will waive any cancellation fees as outlined above. No financial remediation will be provided for failure to meet the defined warranty, service level agreements, or consequential damages from use of or inability to use the SERVICE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall SURAN or its suppliers be liable for any damages whatsoever (including, without limitation, damages for business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use the SERVICE, even if SURAN has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The foregoing limitations or warranty and liability inure to the benefit of SURAN's licensors having an interest in the package.