TERMS AND CONDITIONS
TERMS AND CONDITIONS ("TERMS AND CONDITIONS") state important policies
regarding use of HelpDesk4PC services through the website
www.helpdesk4pc.com (hereinafter termed as "The service provider"), owned
by M/s DGPL TECHNOLOGIES PRIVATE LIMITED. The terms contain important
information and instructions pertaining to rights and obligations of users for availing
services from HELPDESK4PC.
"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY
YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY,
STATE THE ENTIRE AGREEMENT BETWEEN YOU AND HELPDESK4PC (THE "AGREEMENT"). You must
agree to the Terms and Conditions in order to be eligible to use the www.helpdesk4pc.com
Portal (defined below), or obtain Services (defined below). If you choose not to
submit a Plan Order, then the entire "Agreement" between you and HELPDESK4PC consists
of these Terms and Conditions
Terms of Service
- You must be 13 years or older to use this Service.
- You must be a human.
- Your account may be used only by one person – a single account is limited for use
by only the defined number of PCs in the agreement. You will have to purchase support
for additional PCs if so required.
- HelpDesk4PC would provide services for only the issues and software that has been
explicitly mentioned on our website. For all other software and issues we would
not be liable to provide services.
- Our services are available through on call, chat and e-mail only. Onsite service
is not included as a mode of providing service.
- By agreeing to these terms and services you agree that HelpDesk4PC is not liable
to provide any support for Hardware related issues of your PC, Servers, Printers,
Router, Wireless Access Device or any other issues. .
- We do not provide any replacement or stand by on any computer part that has malfunctioned
- We do not provide any warranty on hardware and software that is covered under the
support plan.
- You are responsible for maintaining the security of your PC including username and
password.HelpDesk4PC cannot and will not be liable for any loss or damage from your
failure to comply with this security obligation.
- You are requested not to share your computer username and password with the support
professional at any time, if this is accidentally shared, please change the password
immediately.
- HelpDesk4PC cannot and will not be liable for any loss or damage from your data
theft from your PC in this scenario.
- In all remote access sessions you are requested to constantly monitor the session
when the person is on phone with you, we would not request any remote session with
you without any live person talking to you at the same time. In case you get a remote
session without a live person on call you are requested to not accept the request,
at no time HelpDesk4PC would be responsible for any data theft that occurs due to
unattended remote session. You may not use the Service for any illegal or unauthorized
purpose. You must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
- All your action and interactions with us on computer support issues should comply
with the cyber laws of your country of residence.
- We as a merchant shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for any
Transaction, on Account of the Cardholder having exceeded the preset limit mutually
agreed by us with our acquiring bank from time to time
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy
Policy and are incorporated by reference to these Terms and Conditions.
"Content"
Software, Materials, Services and other related information are collectively referred
to as "Content."
"YOU"
"You" means you individually, any person, including any employer that you are acting
on behalf of.
"ON-GOING-TECH-SUPPORT"
"On-Going-Tech-Support Plans" are tenured Subscription plans offered by HelpDesk4PC
that are active for a specified period and will not include any incident based plans
such as "FIX-IT-ONE-TIME" or the like.
"LIFETIME"
"Lifetime" means lifetime of the system for which the package is purchased or 5
years, whichever is earlier.
"MATERIALS"
"Materials" means any web casts, download areas, white papers, press releases, datasheets,
FAQs, product information, quick reference guides, or other works of any kind that
are made available to download from the HELPDESK4PC.COM Portal are the proprietary
and copyrighted work of HELPDESK4PC.COM and or its suppliers. The definition of
"Materials" does not include the design or layout of the HELPDESK4PC.COM Web site
or any other HELPDESK4PC.COM owned, operated, licensed or controlled site..
"SOFTWARE"
"Software" means a computer program of any kind, whether owned by HELPDESK4PC or
a third party, whether delivered via download, CD, other media, or other delivery
method, including client and or network security software. Elements of the Software
are protected under copyright, trade secret, unfair competition, and other laws.
Software includes both HELPDESK4PC Software and Third Party Software.
"SERVICES" AND "HELPDESK4PC.COM PORTAL"
All references to "Services" refer to any HELPDESK4PC service plan that you enter
into with HELPDESK4PC through use of the helpdesk4pc.com web portal located at www.helpdesk4pc.com
(the "helpdesk4pc.com Portal") or by calling the HELPDESK4PC phone number mentioned
on the web portal. These Terms and Conditions govern all plans available through
the helpdesk4pc.com Portal, and any use of the helpdesk4pc.com Portal. In the event
of any conflict these Terms and Conditions control any Plan Order form that you
submit requesting Services ("Plan Order").
UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Service Plan,
HELPDESK4PC will address your query using commercially reasonable efforts in providing
appropriate solutions under the Services. In most cases, HELPDESK4PC will attempt
problem diagnosis and a solution through remote assistance, over the telephone,
through chat, email or other means as it deems most appropriate under the circumstances.
All undertakings under Service Plans are subject to HELPDESK4PC’s Limited Warranty,
which is set forth below. For more information, please refer to online documentation
or call us at 1-866-662-2747.
PAYMENT
Services against any Plan Order will be available once you have made payment for
Services according to the requirements of the corresponding Plan Order. HELPDESK4PC
has no obligation to render Services under any Service Plan if the payments as required
under any Plan Order have not been made.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that
we accept in order to activate your Service. You hereby authorize HelpDesk4PC to
charge and/or place a hold on your credit card with respect to any unpaid charges
for Services or any related equipment. You authorize the issuer of the credit card
to pay any amounts described herein without requiring a signed receipt, and you
agree that these charges are to be accepted as authorization to the issuer of the
credit card to pay any amounts described herein without requiring a signed receipt,
and you agree that these charges are to be accepted as authorization to the issuer
of the credit card to pay all such amounts. You authorize HelpDesk4PC and/or any
other company who bills products or services, or acts as billing agent for HelpDesk4PC
to continue to attempt to charge and/or place holds with respect to all sums described
herein, or any portion thereof, to your credit card until such amounts are paid
in full. You agree to provide HelpDesk4PC with updated credit card information upon
HelpDesk4PC’S request and any time the information you previously provided is no
longer valid. You acknowledge and agree that neither HelpDesk4PC nor any HelpDesk4PC
affiliated company will have any liability whatsoever for any insufficient funds
or other charges incurred by you as a result of such attempts to charge, and/or
place holds on, your credit card. If you mistakenly provide a debit card number,
instead of a credit card number, you authorize all charges described herein to be
applied to such debit card unless and until you provide a credit card number. In
the event you are enrolled, or later enroll, in an automatic payment or electronic
funds transfer plan, you agree that all sums described herein may be charged, at
HelpDesk4PC’S option, to the account number provided for such automatic payment
or electronic funds transfer plan. When payment is made by credit card or debit
card, payment will also be subject to the terms and conditions established by the
credit or debit card issuer.
RENEWAL POLICY
You agree and acknowledge that a Subscription under the Payment Plan will not renew
automatically, unless notified otherwise by You. However, at the time of expiry
of Subscription i.e. at the end of the applicable Term Plan. You will receive a
call from us then you can renew the plan by paying us again. Your credit card will
be charged with the amount of the then prevailing subscription charges.
Memberships Non-Transferable
HelpDesk4PC Support Plans, and all rights of Members to receive Membership Services,
are non-transferable.
REFUND POLICY
For subscription based plans; a full refund will be issued if HelpDesk4PC has not
been able to resolve even a single issue for you within the first 60 days of the
subscription. If there are one or more resolved issues, the fees for the Subscription
Service will not be refundable. Notwithstanding this HelpDesk4PC may, at its sole
discretion and on a case by case basis, agree to a refund of Subscription fees after
deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following
criterions are met:
- You have all the prerequisites which were required to resolve the problem and Issue
was not resolved till the time account was active.
- The issue is out of scope for the particular plan
- 60 days have not passed after the issue was last worked upon by an HelpDesk4PC technician.
criterions are met:
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the HELPDESK4PC.COM Portal
or by calling HELPDESK4PC. Once HELPDESK4PC accepts the Plan Order submitted by
you, then you will receive an email from HELPDESK4PC at the email address that you
provide or have provided to HELPDESK4PC as part of the Registration Process for
the Services. HELPDESK4PC is not responsible for rendering Services in connection
with any Plan Order that it has not accepted or expired. Upon acceptance by HELPDESK4PC
of a Plan Order, you will have a Service Plan.
PRIVACY POLICY
The HELPDESK4PC Privacy Policy which is an integral part of these Terms and Conditions
is incorporated here by reference. If you have not yet reviewed the HELPDESK4PC
Privacy Policy, then please do so prior to agreeing to these Terms and Conditions.
You agree that beyond the Personal Information identified in the Privacy Policy,
any information or data disclosed or sent to HELPDESK4PC over the telephone, electronically
or otherwise, is not confidential or proprietary to you.
PERSONAL AND NON COMMERCIAL USE LIMITATION
Unless otherwise specified; the Services, Materials and Software are for your personal
and non commercial use in addressing matters covered by your Service Plan. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products
or services obtained from the Services, Materials, or Software. Any Services, Materials,
and Software are available only in connection with Services under a valid Service
Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HELPDESK4PC.COM Portal or any Services, you will
not use the Materials, Software or Services for any purpose that is unlawful or
prohibited by these Terms and Conditions. You may not use the Services, Materials,
or Software in any manner that could damage, disable, overburden, or impair any
HELPDESK4PC server, or the network(s) connected to any HELPDESK4PC server, or interfere
with any other party's use and enjoyment of any of the HELPDESK4PC.COM Portal, the
Materials, Software or Services. You may not attempt to gain unauthorized access
to any HELPDESK4PC.COM Portal, the Materials, Software or Services, other accounts,
computer systems or networks connected to any HELPDESK4PC server or to any of the
HELPDESK4PC.COM Portal, the Materials, Software or Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any HELPDESK4PC.COM
Portal, the Materials, Software or Services or information through any means other
than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though HELPDESK4PC has no limits on the amount of telephone or online support requests
a Subscription based plan user may make during the subscription period, however,
each Subscriber's use of the support services for the subscription based plans are
subject to HELPDESK4PC’s "fair use" policy. Under this policy, if at any time, in
HELPDESK4PC 's sole discretion, a subscription based plan user is found to be abusing
the service by exceeding the level of use reasonably expected from someone using
a Subscription Plan for individual use, then HELPDESK4PC reserves the right to suspend
or terminate Subscriber's Subscription Services. In addition, HELPDESK4PC reserves
the right to suspend or terminate any Subscription Services of any Subscriber that
HELPDESK4PC, in its sole discretion, determines are being used (a) fraudulently,
(b) by any person other than Subscriber, or (c) for any computer system other than
a Registered System. User may terminate the Service at any time by giving written
or electronic notice to HELPDESK4PC; provided, however, that User will not be entitled
to a refund of any fees prepaid by User for the Service.
USE OF COMMUNICATIONS SERVICES
You agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial
or otherwise).
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, service
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or have received all
necessary consent to do the same.
- Use any material or information, including images or photographs, which are made
available through the Materials in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots,
corrupted files, or any other similar service or programs that may damage the operation
of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
- Falsify or delete any proprietary rights notices, such as author attributions, legal
or other proper notices or proprietary designations or labels of the origin or source
of service or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading HELPDESK4PC.COM or others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Materials or other user or usage information
or any portion thereof.
HELPDESK4PC has no obligation to monitor the Communication Services.
However, HELPDESK4PC reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. HELPDESK4PC reserves
the right to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever. HELPDESK4PC reserves the right
at all times to disclose any information as HELPDESK4PC deems necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in
HELPDESK4PC.COM's sole discretion. Any materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction and or dissemination;
you are responsible for adhering to such limitations if you download the materials.
GUESTS; LIMITED LICENSE TO USE OF HELPDESK4PC.COM PORTAL
If you are not currently subscribed for a Service under a valid Plan Order, then
you are regarded as a "Guest". Usage of the HELPDESK4PC.COM Portal by current HELPDESK4PC
customers outside of the scope of a Service specified under an applicable Plan Order
is also treated as a "Guest".
As a Guest you may use the HELPDESK4PC.COM Portal and Materials (defined below)
specifically designated as available to guests on the HELPDESK4PC.COM Portal for
the limited purposes of (a) deciding whether to subscribe to the Services provided
by HELPDESK4PC, (b) registering with HELPDESK4PC and submitting Plan Orders only.
The foregoing license grant is a non exclusive revocable license.
COMMUNICATIONS SERVICES
HELPDESK4PC may provide you with the use of e mail services, addresses, bulletin
board services, instant messaging services, chat areas, news groups, forums, communities
and/or other message or communication facilities designed to enable you to communicate
with HELPDESK4PC’s employees and others as appropriate to your Service under a Plan
Order (each a "Communication Service" and collectively "Communication Services").
Communications Services shall only be used under an accepted Plan Order, and not
for any other purpose.
LIMITED LICENSES TO USE THE HELPDESK4PC.COM PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below)
posted on the HELPDESK4PC.COM Portal, or made available in connection with a Plan
Order which may be available for additional purposes and or subject to additional
restrictions.
GENERAL LICENSE RESTRICTIONS
Any other uses of the HELPDESK4PC.COM Portal, Services, Materials or Software, other
than as explicitly permitted by HELPDESK4PC is prohibited. Rights to execute, copy,
modify, display, transmit, distribute, manufacture, use, sale are all reserved to
HELPDESK4PC.COM and its suppliers. Reverse technicianing and recompilation of the
Software is strictly prohibited.
SECURITY
You may not avail the services of HELPDESK4PC if you fail to provide the user id
and security id when you are seeking support over the phone.
LINKING
You may not create hyperlinks to any portion of the HELPDESK4PC.COM Portal, nor
any Materials or Software posted therein
INDEMNITY
You agree to indemnify, defend, and hold HELPDESK4PC , its subsidiaries, affiliates,
officers, directors, employees, agents, licensors, consultants, suppliers, and any
third party Web site providers harmless from and against all claims, demands, actions,
liabilities, losses, expenses, damages, and costs, including actual attorneys' fees,
resulting from your violation of these terms and Conditions, misuse or abuse of
a Service, or your infringement, or infringement by any other user of your account,
of any intellectual property or other right of any person or entity. You will cooperate
as fully as reasonably required in HELPDESK4PC’s defense of any claim. HELPDESK4PC
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of HELPDESK4PC. You agree immediately
to notify HELPDESK4PC of any unauthorized use of your account or any other breach
of security known to you.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
- Cooperate with the HELPDESK4PC Technician: We will use commercially reasonable efforts
to provide the support to you. Our experience shows that most issues can be corrected
as a result of close cooperation between you and the technician. Please listen carefully
to the technician and follow the technician's instructions.
You must confirm that the following conditions are true:
- The situation giving rise to the question is, reproducible on a single system, i.e.,
one central processing unit with its workstations and other peripherals;
- You must have knowledge regarding the hardware system, any software involved, and
in the facts and circumstances surrounding the incident;
- o The full system, including software and hardware, is available to you and accessible
by you without limit during any remote assistance support with HELPDESK4PC.COM support
personnel.
- Software Data Backup: You understand and agree that HELPDESK4PC.COM shall under
no circumstance be responsible for any lost or corrupted software or data. HELPDESK4PC.COM
strongly recommends that you at all times maintain a complete data backup and disaster
recovery plan.
- Account, Password, and Security: For you to submit a Plan Order, you must complete
the Registration Process by providing us with current, complete and accurate information
as prompted by and required under the applicable Registration Form. You also will
choose a password and a user name. You are solely and entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are solely and
entirely responsible for any and all activities that occur under your account. You
agree to notify HELPDESK4PC.COM immediately of any unauthorized use of your account
or any other breach of security. HELPDESK4PC.COM will not be liable for any loss
that you may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses incurred
by HELPDESK4PC.COM or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission of the
account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of HELPDESK4PC ' reasonable control
(e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots,
wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism,
sabotage, acts of third parties, or the like) may cause significant delays in HELPDESK4PC
's ability to schedule a support session. You hereby release HELPDESK4PC from any
and all liability, and agree that HELPDESK4PC shall not be liable to you or any
third party for any direct or indirect damages whatsoever, resulting from such delays.
HELPDESK4PC or its suppliers may, at any time, without notice or liability, restrict
the use of the Service or limit its time of availability in order to perform maintenance
activities and to maintain session control.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE HELPDESK4PC.COM PORTAL,
OR THROUGH A SERVICE
For your convenience, HELPDESK4PC may make available Materials or Software (as each
term is defined below) for use and/or download, whether as a part of a Service,
or in promotion of the Services. Use of any Materials and any Software is governed
by the more stringent of (a) the terms of the end user license agreement ("EULA"),
if any, which accompanies the specific Materials and Software, or (b) if there is
no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you
according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution
of the service not in accordance with the EULA is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
No logo, graphic, sound or image from any HELPDESK4PC.COM Web site may be copied
or retransmitted unless expressly permitted by HELPDESK4PC.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY
OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE. EXCLUSIONS
FROM "SERVICES"
"Services" shall not include the following:
- any item or activity not covered by the terms of a Plan Order;
- service beyond the duration limitations identified in your Plan Order;
- problem diagnosis and support that may not be completed because of a problem with
your computer or other equipment, or their configuration that is beyond our control;
- Software, including the operating system and software added to the registered hardware
products which are out of scope for the Service Plan;
- Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacture or failure to
perform preventive maintenance;
or
- Problems caused by using accessories, parts, or components not compatible with the
product.
- Non Compliance with the HELPDESK4PC.COM technician instructions for resolving the
query.
END USER LICENSE AGREEMENTS (EULA) GENERALLY
In connection with our Service, we may provide to you, the use of certain software
which is owned by HELPDESK4PC or its third party licensors, and suppliers. We as
well as the third party licensors reserve the right to update or change the Software
from time to time and you agree to cooperate in performing such steps as may be
necessary to install any updates or upgrades to the Software. You may use the Software
only as part of, or for use with, the Service in accordance with the Service Plan
and for no other purpose. The Software may be accompanied by a EULA from HELPDESK4PC.COM
or a third party. Your use of the Software is governed by the terms of that license
agreement and by this Agreement, where applicable. You may not install or use any
Software that is accompanied by or includes a EULA unless you first agree to the
terms and conditions of the EULA.
The Software may be accompanied by a EULA from HELPDESK4PC.COM or a third party.
Your use of the Software is governed by the terms of that license agreement and
by this Agreement, where applicable. You may not install or use any Software that
is accompanied by or includes a EULA unless you first agree to the terms and conditions
of the EULA.
EULA FOR HELPDESK4PC SOFTWARE
With regard to any Software made available to you by HELPDESK4PC through the HELPDESK4PC.COM
Portal for which your acceptance of a separate license agreement is not required
("HELPDESK4PC Software"), you are hereby granted a revocable, non exclusive, non
transferable license by HELPDESK4PC to use the HELPDESK4PC Software (and any corrections,
updates and upgrades). In accordance with and as required under the Service Plan
you shall not make any copies of the HELPDESK4PC Software. You agree that the HELPDESK4PC
Software is the confidential and proprietary information of HELPDESK4PC or its third
party licensors, providers or suppliers, and which you shall not disclose to others
or use except as expressly permitted herein. You may not de compile, reverse technician,
disassemble, attempt to discover any source code or underlying ideas or algorithms
of the HELPDESK4PC Software, or otherwise reduce the HELPDESK4PC Software to a human
readable form, modify, rent, lease, loan, use for timesharing or service bureau
purposes, reproduce, sublicense or distribute copies of the Software, or otherwise
transfer the HELPDESK4PC Software to any third party. You may not remove or alter
any trademark, trade name, copyright or other proprietary notices, legends, symbols,
or labels appearing on or in copies of the Software. You are not granted any title
or rights of ownership in the HELPDESK4PC Software. You acknowledge that this license
is not a sale of intellectual property and that HELPDESK4PC or its third party licensors,
providers or suppliers continue to own all right, title and interest, including
but not limited to all copyright, patent, trademark, trade secret, and moral rights,
to the HELPDESK4PC Software and related documentation, as well as any corrections,
updates and upgrades. The HELPDESK4PC Software may be used in the United States
only, and any export of the HELPDESK4PC Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, HELPDESK4PC may suggest that you acquire, install and use
certain third party software ("Third Party Software"). Third Party Software is licensed
to you by the respective owners or licensees of the Third Party Software. You must
agree to the terms and conditions set forth by such owners or licensees before installing
Third Party Software, whether HELPDESK4PC assists you in the acquisition, installation,
and/or use of Third Party Software. HELPDESK4PC has no rights to the Third Party
Software and does not license Third Party Software to you or make any representation
or warranty regarding the Third Party Software.
Your license to the HELPDESK4PC Software shall remain in full force and effect unless
and until terminated by HELPDESK4PC, its third party licensors, providers or suppliers,
or until your Service Plan is terminated as provided by your Plan Order and these
Terms and Conditions. Upon termination of your Service Plan for any reason, you
must cease all use of the Service Plan and the HELPDESK4PC Software and immediately
delete the HELPDESK4PC Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software
or equipment, you must ensure that you comply with the terms and conditions under
which you licensed such Third Party Software or purchased such equipment. We make
no warranty that we are an authorized service provider for Third Party Software
or for any equipment; it is your sole responsibility to determine if you require
additional rights for us to provide such support, and if so, to acquire such rights.
You acknowledge that support of Third Party Software or equipment by an unauthorized
service provider may void any warranty made by the supplier of such Third Party
Software or equipment.
LIMITED SERVICE WARRANTY
HELPDESK4PC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE
MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED
WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW HELPDESK4PC TO REPERFORM THE
SERVICES SUBJECT TO DISPUTE, (B) RE DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE HELPDESK4PC.COM SERVICE PLANS COMES WITH A 7 DAY LIMITED SERVICE WARRANTY
AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7 DAY LIMITED
SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE
PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
HELPDESK4PC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY
PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND WHATSOEVER. HELPDESK4PC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HELPDESK4PC AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE
DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL HELPDESK4PC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE
IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall HELPDESK4PC be liable
to you in excess of the amounts actually paid by you to HELPDESK4PC under the Plan
Order that is the subject of the dispute.
THIRD PARTY AGREEMENTS
As part of the Services, HELPDESK4PC may suggest certain third party services to
you. If you choose to subscribe to or otherwise use any third party services, your
use of any such services is subject to the terms of service of such third party
service provider. You agree to comply with such provider's terms of service and
that the third party provider is solely responsible for delivery of its service(s)
to you and your use of them. Third party services include, but are not limited to
technical support, portal, training, music, gaming and storage services that HELPDESK4PC
may elect to make available from time to time. Violation of such third party provider's
terms of service may, in HELPDESK4PC’s sole discretion, result in the termination
of your customer account and use of service.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause
of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
HELPDESK4PC at its sole election may terminate or suspend your Service immediately
without notice if, in the sole discretion of HELPDESK4PC : (a) you are in breach
of any of the Terms and Conditions (including but not limited to all policies regarding
abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely
impacts or causes a malfunction to the Service, HELPDESK4PC 's network, or the use
and enjoyment of HELPDESK4PC 's other users; (c) HELPDESK4PC receives an order from
a court to terminate the Service you are availing ; (d) if HELPDESK4PC for any reason
ceases to offer the Service; (e) if you are no longer a HELPDESK4PC customer, or
(f) HELPDESK4PC determines that you are abusing the Service. HELPDESK4PC, in its
sole discretion, may refuse to accept your request for the Service,renewal or re
subscription following a termination or suspension of your use of the Service.
SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that
portion shall be enforced to the maximum extent possible, and all other provisions
contained in the Terms of Service shall remain in full force and effect. HELPDESK4PC's
failure to enforce any provision of the Terms of Service shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
NO OFFER
The HELPDESK4PC.COM Portal is available internationally and may contain references
to HELPDESK4PC products, services, and programs that are not available in a viewer's
country. These references do not imply that HELPDESK4PC intends to make such products,
services, or programs available in such country.
MODIFICATION
HELPDESK4PC reserves the right to amend the Terms and Condition, and the HELPDESK4PC.COM
Portal at any time by (a) posting a revised version of the Terms and Conditions
on the HELPDESK4PC.COM Portal, or by (b) sending information regarding any amendment
to the Terms of Service to the email address you provide to HELPDESK4PC in connection
with registration. You are responsible for regularly reviewing the HELPDESK4PC.COM
website to be notified of any amendments to the Terms and Conditions. Your use of
the HELPDESK4PC.COM Portal or the Services after an amendment to the Terms and Conditions
shall be deemed acceptance by you of the amended Terms and Conditions.
LAW; FORUM
This Agreement and the rights and obligations of the parties under this Agreement
and any disputes arising out of or in connection with this Agreement shall be governed
in all respects by the laws of the United States of America without regard to conflicts
of laws principles that would require the application of the laws of any other jurisdiction.