1. Application. These terms and conditions apply to all product orders, information requests, publications, services, and special offers from Provider through its website. A complete listing, which may change from time to time at the discretion of Provider, of the products, information, publications, services and special offers is attached hereto as Exhibit A. Exhibit A is incorporated by reference into this Agreement and made a part as if stated in full herein. User expressly acknowledges that disputes over privacy, terms and/or conditions are subject to the terms of this Agreement including, without limitation, limitations on damages, arbitration of disputes, and application of the law of the Commonwealth of Delhi, India. Prices for goods and service are subject to change by the Provider in its sole discretion and will apply prospectively when disclosed at the website. Provider may prospectively change the mix of its goods and services and the prices charged for those goods and services without notice to User.
User shall pay for the goods and services purchased from Provider in advance by using a credit card or other electronic means of payment at the website. Payments made and then cancelled by User may constitute obtaining goods and service by fraudulent means and will be considered as such by Provider. Users unhappy with goods or services should request refunds as set forth in Paragraph 3 of this Agreement. No credit card information of a customer is stored. Provider does not levy time charges without the explicit consent of User. Users can shift at any time from a monthly/annual plan to an incident based plan. For annual and monthly plans, the User is billed in advance on a monthly basis, which is non-refundable for the same month. Users that are not satisfied with the service and have not received a successful resolution to any issue concerning User's PC within a month, Provider will give a full refund with no questions asked.
3. Refunds. If a User is not satisfied with a product or service provided, Provider will refund the purchase price of the product or service, so long as the User requests such a refund within 14 days of the fulfillment of User's order. Provider reserves the right to deduct an account service fee, as applicable, for refund requests. User must email or call Provider to request a refund at any time within 14 days of the fulfillment of User's order. Contact information to request refunds is available on the Provider website. The failure to fix any issues whatsoever justifies a complete refund of the amount. If one or more issues are fixed, the client is not entitled to full refund. Provider reserves the right to deduct, for one issue, either a minimum of $99.95 or 25% of the total amount charged whichever is higher. Where more than one issue is resolved, Provider may deduct more from the amount paid to be determined in an equitable manner. All service charges are inclusive of taxes, levies, or duties imposed by taxing authorities, but User shall be responsible for payment of all such taxes, levies, or duties, if levied in the User's country.
4. Accounts. The person or entity that requested services or goods at the web site and agreed to the terms of this Agreement, generally known as the User, is the only permissible user of the account. All unauthorized transactions are subject to cancellation without notice. Each account has a limited scope of usage as defined by the terms agreed to at the time of the purchase of said goods and services. Additional goods and services require the additional funds associated with those goods and services. Provider reserves the right to provide services only for the issues and the software listed on the website. Unless the Parties agree in writing, Provider shall not provide services for issues falling beyond the limitations set forth on the website. 5. Security.Users share their computer username and password at their own peril. If it is accidentally shared, the password must be changed immediately. Provider cannot be held responsible for any loss or damage resulting from a data-theft taking place on a User's computer. Users must actively monitor the sessions initiated by Provider's technicians. Failure to monitor can lead to data loss and Provider is not responsible for any such loss. Further, User may not use the services of Provider for any illegal or unauthorized purpose. Provider is not responsible for maintaining the security of a PC including username and password. Accordingly, Provider is not responsible for any loss or damage resulting from a failure to comply with these security obligations.
6. Hardware.Provider generally supports software and not hardware. Provider will not provide support for any hardware issues related to PCs, Servers, Printers, Routers and Wireless Access Devices, unless by explicit agreement of the Parties. 7. Cancellation and Termination.
(a) Cancellation.User is solely responsible for cancelling an account. An email or a phone request for cancellation of an account must be forwarded to an account manager. The account manager shall return, by email, an acknowledgement of the cancellation as soon as reasonably possible. Upon cancellation, User data on Provider servers will be archived on active servers for being used for future use by User. User may request the return of all data and the destruction of the data in Provider's possession. Provider will return one copy of User's data and use commercially reasonable measures to erase User data in its possession. Cancellation of the service before the end of the paid up month will be effective as of the end of that month and the User would not be charged for any succeeding months, except by express written agreement between the Parties.
(b) Termination. Provider reserves the right to either suspend or terminate an account and refuse any current or future use of its services for any reason or for no reason at all. Among the reasons for such an action, are the unauthorized access of a portal, servers and databases, abusive behavior, data theft, improper utilization of services, availing services for PC other than the one currently registered with Provider. Termination of service results in deactivation and/or deletion of an account, as well as no access to any of Provider's goods and services. Upon termination, Provider will transfer to User one copy of that User's data in its possession and shall erase of that User's data from its servers in a commercially reasonable manner. Provider has the right to refuse services to any User at any time and for any reason.
8. Disclaimers and Limitation of Liability.There is no guarantee that Provider's solutions will solve User's issues for any particular length of time. Recommendation or solution may not be permanent and may require further enhancements. Users should understand that the results of a particular session would not necessarily be indicative of results in future periods. The results and examples shown in this website are based actual feedback received from customers. No independent party has audited the hypothetical performance contained at this website, nor has any independent party undertaken to confirm that they reflect the solutions method under the assumptions or conditions specified hereafter. While the results presented at this website are based upon certain case studies experienced by actual customers, these do not provide assurance in any form or manner that Users will experience the same level of service and satisfaction. Our fees include regular computer tune up and error fixing. Additional fees may apply for any technical support, which requires more than what support is provided based on the plan Users have purchased. OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, PROVIDER DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, AND PERMANENCY OF REPAIR. THE SOLE REMEDY FOR A USER IN THE EVENT THAT USER IS NOT SATISFIED WITH PROVIDER'S SERVICES IS THE RETURN OF ALL OR A PART OF THE AMOUNTS PAID TO PROVIDER, AS SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY BE ENTITLED TO CONSEQUENTIAL DAMAGES, DAMAGES TO A THIRD PARTY, EXEMPLARY DAMAGES, LOST PROFITS, OR INCIDENTAL DAMAGES. USER ACKNOWLEDGES THAT PROVIDER WOULD NOT BE ABLE TO OFFER ITS SERVICES WITHOUT THE FORGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES.
(a) Compliance with Laws. User shall comply with all export/import laws of the United States. User warrants and represents that it will not attempt to copy or reverse engineer the software products of Provider. Nothing in this Agreement shall be construed as a transfer from Provider to User of the Intellectual property of Provider, including without limitation patent, trademark, trade dress, or copyright. (b) Independent Contractor. Provider and User are independent contractors and nothing contained within this Agreement shall be construed as forming a joint venture or partnership between Provider and User.
(c) Modification, Amendment and Assignment. Provider may prospectively amend or modify this Agreement at any time without notice to User. It is the responsibility of User to examine this Agreement each time it purchases goods or services from Provider, since Provider may amend or modify it from time to time. Neither Party may assign its rights and obligations under this Agreement; provided, however Provider may assign this Agreement in the event of a reorganization of Provider not constituting a change of control or the sale of substantially all of Provider's assets to a third party. This Agreement binds and inures to the benefit of each Party's successors and permitted assigns.
(d) Continuing Nature. This agreement shall bind and inure to the benefit of the successors and permitted assigns of each Party.
(e) Whole Agreement. This agreement is the entire agreement between Provider and User with regard to the products or services purchased by User under this Agreement. For that purpose, this Agreement supersedes all prior agreements, whether written or oral, between the Provider and User regarding other purchases. There are no other agreements, written or oral, that govern the products or services purchased by User under this Agreement.
(f) Governing Law and Forum. This Agreement shall be construed and enforced under the laws of the Commonwealth of Delhi, India, with the exception of any conflict or laws provision that would choose another state's law. Any action arising from or related to this Agreement shall be brought in this state courts located in Delhi, India or, if jurisdiction were proper, in the federal courts located in Delhi, India. Notwithstanding the forgoing, Provider may elect to resolve any disputes through binding arbitration. The arbitration shall take place in Delhi, India and shall proceed according to the Expedited Commercial Rules of the American Arbitration Association ("AAA"). A single arbitrator shall hear the case and Provider shall select the Arbitrator from the panel of AAA arbitrators; provider, however, that User shall have input to Provider for the selection of the arbitrator and Provider shall honor reasonable objections by User. The arbitrator shall issue a written decision within 30 days of the arbitration and any decision may be entered as a judgment in any court of competent jurisdiction.
(g) Severability. Any provision of this Agreement, which is found to be unenforceable or illegal by a forum of competent jurisdiction, shall be stricken from this Agreement and have no effect on the remaining provisions, which shall continue in full force and effect.
(h) Survival of Provisions. Any provision of this Agreement, which, by its nature, creates continuing obligations by either Party, shall survive the cancellation or termination of this Agreement.
(i) Costs of Litigation. The prevailing party in any litigation or arbitration arising from or related to this Agreement shall recover from the non-prevailing the costs of any such proceeding, including, without limitation, attorneys' fees, expert witness fees and other professionals' fees.
(j) Execution. User shall be deemed to have executed this Agreement by indicating acceptance on the website (if available) or by sending an email to Provider that shows acceptance of the terms of the Agreement.