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Tech24by7, Online Services & usage, Terms

Thanks for being at Tech24by7® and giving it a little time of yours, to understand our Terms of Support & Terms of site usage. By using our website or services, or any material associated with it, you agree that you understand our terms and user policy and give us your consent to be bound by its legal notices (explained below on this page), our all Disclaimers and terms and conditions that appear elsewhere on our Website. The policies of Tech24by7 service establishments may differ substantially from those applicable to your use of the Tech24by7 Website. Tech24by7 reserves the right to change its legal notices at any time. Its advise that you keep yourself updated about any new changes or updates we introduce to our Terms & Policies, by visiting the Terms Page & Policy Page once in a while or stay updated about the same, by following us on Facebook or Twitter, since we're as much social as you're. If you're dissatisfied with the site's Content or the legal notices, you agree that your sole and exclusive remedy is to discontinue using the Tech24by7 web site. Tampering with the site, misrepresenting a user’s identity, using buying agents, or conducting fraudulent activities on the site is prohibited. You may download Content displayed on the Tech24by7 web site for Non-Commercial Personal Use. It should however be noted that Modifying, transmitting, distributing, reusing, reposting, "framing"; or using the Content of the Tech24by7 web site (including text, images, audio and/or video, logos, structure, design or any thing at all from the website for public or commercial purposes without written permission from an authorized Tech24by7 representative is strictly prohibited.

Means of Support & Undertaking: Subject to our Terms of usage, terms w.r.t each Service Plan, Tech24by7 will address your queries / concerns and address your feedback through commercially reasonable efforts in providing appropriate support. Our Primary means of providing support includes Phone Support, Email Support & Online Chat support, however depending upon the circumstances, your preference & consent, troubleshooting requirements that of your computer device, we may at times request for a Remote Session to be initiated upon your consent. On all such instance when a Remote Session is initiated, your consent is taken and the Tech24by7 Technician ensures the safety & security of your machines and does Create a System Restore Point, to ensure if anything while troubleshooting goes wrong you can revert the changes back to a point when the Remote Control Access was taken or we may do the same for you, provided the System Restore Point created by the Technician is still in place and no-one played with it. Also, no such incident may get entertained, if Troubleshooting help was aquired for a One time / One Instance Support Plan.

End User License Agreement Payments - Renewals - Refunds Support Terms & Policies

Terms of Use

THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Tech24by7’S WEBSITE AND Tech24by7’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Tech24by7. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE Tech24by7 SERVICE.

Proprietary Rights: All Content is copyrighted as a collective work under U.S. and international copyright laws, and Tech24by7 owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part. Tech24by7 logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Tech24by7 and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner. By using the Tech24by7 web site, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to Tech24by7 or any third party using the Tech24by7 web site are non-confidential. By submitting solicited or unsolicited information using the Tech24by7 web site, you grant Tech24by7 an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Applicable Law The Tech24by7 web site is created, operated, and controlled by Tech24by7 in the state of Minnesota, United States of America. Minnesota state laws will govern legal notices without giving effect to any principles of conflicts of law.

Links to Third-Party Web Sites The Tech24by7 web site contains links to other sites operated by third parties, including but not limited to third-party sites that display the Tech24by7 trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose. Tech24by7 does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the Tech24by7 web site does not constitute sponsorship, endorsement, approval, or responsibility. Tech24by7 makes no representation or warranty as to any products or services offered on any third-party site. Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the Tech24by7 web site. Please review the conditions of use for all third-party sites for more information about the terms and conditions that apply to them.

Security The Tech24by7 web site may only be used for lawful purposes. Activities including—but not limited to—tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited. Users are prohibited from violating or attempting to violate Tech24by7 web site security, including, without limitation, (a) accessing data not intended for such user; (b) using the web site for unintended purposes or trying to change the site’s behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the web site (i.e., impersonating the Tech24by7 web site) or to the web site (i.e., impersonating a legitimate user). Sending unsolicited and unauthorized eMail on behalf of Tech24by7, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result in civil or criminal liability. You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the Tech24by7 web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Tech24by7 web site other than the search engine and search agents provided by Tech24by7 or generally publicly available browsers.

Remote Access Understanding: You understand that if remote access is used on your computer there will be no residual software from the remote session; however, our Tech representatives may place a text file on your computer explaining the troubleshooting work being performed and the assistance being given. All undertakings under Service Plans are subject to Tech24by7’S Limited Warranty, are explained further down . For any further information, do write us an email at [email protected] You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

“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 Tech24by7 (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by Tech24by7 in writing or by an e-mail. You must agree to the Terms and Conditions below, in order to be eligible to use the Tech24by7, site and our services.
“CONTENT” Software, Materials, Services and other related information are collectively referred to as “Content.”
“YOU” OR “YOU”: “You” means you individually, any person, including any employer that you are acting on behalf of.
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.

“Tech24by7 CERTIFIED TECHNICIAN/(S)” “Tech24by7 Certified Technician means” technicians and specialists certified by Tech24by7 to perform the Services under this Agreement.
“SUBSCRIPTION BASED PLANS” “Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Tech24by7 that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.

“SERVICES” AND “Tech24by7 PORTAL” All references to “Services” refer to any Tech24by7 service delivered through Tech24by7.com | Tech24by7.net, under the plan that you enter into with Tech24by7 through use of the Tech24by7 Website located at www.Tech24by7.net (the “Tech24by7 Portal”) or by calling the Tech24by7 phone number mentioned on the Tech24by7 Website. These Terms of Use govern all plans available through the Tech24by7 Website, and any use of the Tech24by7 Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services (“Plan Order”).

“SOFTWARE”“Software” means a computer program of any kind, whether owned by Tech24by7 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 Tech24by7 Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).

SUBMISSION OF PLAN ORDERS; SERVICE PLANS You may order Services by submitting Plan Orders through the Tech24by7 Portal or by calling Tech24by7. Once Tech24by7 accepts the Plan Order submitted by you, then you will receive an email from Tech24by7 at the email address that you provide or have provided to Tech24by7 as part of the Registration Process for the Services.Tech24by7 is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Tech24by7 of a Plan Order, you will have a Service Plan.

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. All payments against the plan orders will be collected by Tech24by7 on behalf of Tech24by7.com | Tech24by7.net. Tech24by7 has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Tech24by7 services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the Tech24by7 services you were required to purchase to receive the special rate as notified to Tech24by7; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.

Modes of BILLING: 'CREDIT CARD' or 'PayPal' or 'Electronic Funds Transfer'.

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 Tech24by7 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 Tech24by7 and/or any other company who bills products or services, or acts as billing agent for Tech24by7 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 Tech24by7 with updated credit card information upon Tech24by7’S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Tech24by7 nor any Tech24by7 affiliated company will have any liability whatsoever for any non-sufficient 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 Tech24by7’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. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.

RENEWAL POLICY

Auto-Renewal Subscriptions You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You (“Auto Renewal”). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Tech24by7. If you would like to opt out of the Auto Renewal, please call us on our Customer Service & Support Phone # and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service.

REFUND POLICY

For subscription based plans, a full refund will be issued if Tech24by7 has not been able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Tech24by7 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
  • 15 days have not passed after the issue was last worked upon by an Tech24by7 technician

PRIVACY POLICY

The Tech24by7 Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (privacy.htm). If you have not yet reviewed the Tech24by7 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 Tech24by7 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 solely 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, modify, create derivative works from, transfer, distribute 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 Tech24by7 Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Tech24by7 server, or the network(s) connected to any Tech24by7 server, or interfere with any other party’s use and enjoyment of any of the Tech24by7 Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Tech24by7 Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Tech24by7 server or to any of the Tech24by7 Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Tech24by7 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 Tech24by7 has no limits on the amount of 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 Tech24by7’S “fair use” policy. Under this policy, if at any time, in Tech24by7’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 based Plan for individual use, then Tech24by7 reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Tech24by7 reserves the right to suspend or terminate any Subscription Services of any Subscriber that Tech24by7, 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 Tech24by7; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES

Tech24by7 may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Tech24by7’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.

USE OF COMMUNICATION 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 Tech24by7 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.

Tech24by7 has no obligation to monitor the Communication Services. However, Tech24by7 reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Tech24by7 reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Tech24by7 reserves the right at all times to disclose any information as Tech24by7 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 Tech24by7’ 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.

LINKING

You may not create hyperlinks to any portion of the Tech24by7 Portal, nor any Materials or Software posted therein.

INDEMNITY

You agree to indemnify, defend, and hold Tech24by7, 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 the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of Tech24by7 or any other third party. You will cooperate as fully as reasonably required in Tech24by7’S defense of any claim. Tech24by7 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 Tech24by7. You agree immediately to notify Tech24by7 of any unauthorized use of your account or any other breach of security known to you.

GUESTS; LIMITED LICENSE TO USE OF Tech24by7 PORTAL

If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the Tech24by7 Portal by current Tech24by7 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 Tech24by7 Portal and Materials specifically designated as available to guests on the Tech24by7 Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Tech24by7, (b) registering with Tech24by7 and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

LIMITED LICENSES TO USE THE Tech24by7 PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software posted on the Tech24by7 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 use of the Tech24by7 Portal, Services, Materials or Software, other than as explicitly permitted by Tech24by7 is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Tech24by7 and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will:

  • Cooperate with the Tech24by7 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;
    • The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Tech24by7 support personnel.
  • Software/Data Backup: You understand and agree that Tech24by7 shall under no circumstance be responsible for any lost or corrupted software or data. Tech24by7 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 Tech24by7 immediately of any unauthorized use of your account or any other breach of security. Tech24by7 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 Tech24by7 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 Tech24by7’S 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 Tech24by7’S ability to schedule a support session. You hereby release Tech24by7 from any and all liability, and agree that Tech24by7 shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

Tech24by7 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.

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 Tech24by7 technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Tech24by7 PORTAL, OR THROUGH A SERVICE

For your convenience, Tech24by7 may make available Materials or Software (as each term is defined above) 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 Tech24by7 Web site may be copied or retransmitted unless expressly permitted by Tech24by7.

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.

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 Tech24by7 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 Tech24by7 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 Tech24by7 SOFTWARE

With regard to any Software made available to you by Tech24by7 through the Tech24by7 Portal for which your acceptance of a separate license agreement is not required (“Tech24by7 Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Tech24by7 to use the Tech24by7 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 Tech24by7 Software. You agree that the Tech24by7 Software is the confidential and proprietary information of Tech24by7 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 Tech24by7 Software, or otherwise reduce the Tech24by7 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 Tech24by7 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 Tech24by7 Software. You acknowledge that this license is not a sale of intellectual property and that Tech24by7 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 Tech24by7 Software and related documentation, as well as any corrections, updates and upgrades. The Tech24by7 Software may be used only in the country of residence at the time of acceptance of these terms for use of the Tech24by7 Software. Export of the Tech24by7 Software is strictly prohibited.

THIRD PARTY PRODUCTS

As part of the Services, Tech24by7 may suggest that you acquire, install and use certain third party software or services (“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 Tech24by7 assists you in the acquisition, installation, and/or use of Third Party Software. Tech24by7 has no responsibility or 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 Tech24by7 Software shall remain in full force and effect unless and until terminated by Tech24by7, 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 Tech24by7 Software and immediately delete the Tech24by7 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 representation or 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.

THIRD PARTY AGREEMENTS

As part of the Services, Tech24by7 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 Tech24by7 may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Tech24by7’S sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY

Tech24by7 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 Tech24by7 TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

SOME OF THE Tech24by7 SERVICE PLANS COME 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

Tech24by7 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. Tech24by7 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED 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. Tech24by7 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 Tech24by7 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER 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 Tech24by7 be liable to you in excess of the amounts actually paid by you to Tech24by7 under the Plan Order that is the subject of the dispute.

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

Tech24by7 at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Tech24by7: (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, Tech24by7’S network, or the use and enjoyment of Tech24by7’S other users; (c) Tech24by7 receives an order from a court to terminate the Service you are availing ; (d) if Tech24by7 for any reason ceases to offer the Service; (e) if you are no longer a Tech24by7 customer, or (f) Tech24by7 determines that you are abusing the Service. Tech24by7, 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. Tech24by7’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 Tech24by7 Portal is available internationally and may contain references to Tech24by7 products, services, and programs that are not available in a viewer’s country. These references do not imply that Tech24by7 intends to make such products, services, or programs available in such country.

MODIFICATION

Tech24by7 reserves the right to amend the Terms and Condition, and the Tech24by7 Portal at any time by (a) posting a revised version of the Terms and Conditions on the Tech24by7 Portal (http://www.Tech24by7.net/termsandcondition.htm), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Tech24by7 in connection with registration. You are responsible for regularly reviewing the Tech24by7 website to be notified of any amendments to the 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.

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