THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF TECHEXPERT INFO LIVE SOLUTIONS LLP (“TILS”) COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH TILS. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE TILS SERVICE. PLEASE NOTE THAT TechExpert Info Live Solutions LLP (“TILS”) IS THE OWNER AND OPERATOR OF THE WEBSITE (LOCATED AT http://www.techworldwidesupport.net)
“YOU”: “You” means you individually, any person, including any employer that you are acting on behalf of.
“SERVICES” AND “TILS PORTAL”: “Services” refer to any computer support or technical service that TILS performs for you. These Terms and Conditions also govern any use of the TILS Portal located at our website (http://techworldwidesupport.net).
“MATERIALS”: “Materials” means any webcasts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available, said materials are the proprietary and copyrighted work of TILS and/or its suppliers. The definition of “Materials” does not include the design or layout of the website or any other TILS owned, operated, licensed or controlled site.
“SOFTWARE”: “Software” means a computer program of any kind, whether owned by TILS 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.
While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.
SUBMISSION OF PLAN ORDERS
You may order Services by submitting an order on our website or by phone (the “Plan Order”). Once TILS accepts the Plan Order submitted by you, you will receive an email from TILS at the email address that you provide or have provided to TILS as part of the registration process for the Services. TILS is not responsible for rendering Services in connection with any Plan Order that it has not accepted.
Subject to the Terms and Conditions, and the specifics of each Plan Order, TILS will address your query using commercially reasonable efforts in providing appropriate solutions. In most cases, TILS will attempt problem diagnosis and may propose a solution over the telephone, through chat or email, or some other means, as it deems most appropriate under the circumstances. All undertakings under a Plan Order are subject to TILS’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-855-273-0491.
MONEY BACK POLICY
TILS’s services are delivered on a state-of-the-art integrated delivery platform that allows us to support your computer(s) remotely and/or in association with our partners and/or by way of a visit to your home. If for any reason you are not wholly satisfied with the Services, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows:
- For our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning from the time of purchase.
- For our incidental (one-time-use) plans, the Money-Back Guarantee is valid for 7 days, beginning from the time of the 1st Incident.
- This Money Back policy does not apply for our Trial Offer.
FEES AND PAYMENTServices against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. TILS has no obligation to render Services if the payments as required under any Plan Order have not been made. The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to the Services selected by you, as well as any applicable taxes.
For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one-time set-up fee applies to all Subscription Services. For Personal and Business Subscriptions, the minimum subscription duration is six (6) months. Unless you have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, you may cancel any Subscription Service within five (5) days following your purchase of the Subscription Service, by contacting TILS where after, the fees for the Subscription Service shall not be refunded.
By authorizing us to charge your credit card for Subscription Service purchased by you, you hereby further authorize TILS to continue to charge your credit card (or a replacement card, if the credit-issuing entity informs TILS that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact TILS if you do not wish to renew your Subscription Service; if you do not contact TILS (at http://techworldwidesupport.net), the Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected, at TILS's then-applicable fees.
ACCEPTABLE USE POLICY (AUP)
GUESTS: LIMITED LICENSE TO USE OF TILS PORTAL
LIMITED LICENSES TO USE THE TILS PORTAL, MATERIALS AND SOFTWARE
GENERAL LICENSE RESTRICTIONS
In connection with obtaining Services, you agree that:
- You will cooperate with the TILS Engineer (employees or associates): 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 engineer. Please listen carefully to the engineer and follow the engineer’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, and
- The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with TILS support personnel.
- Software/Data Backup: YOU ARE SOLELY RESPONSIBLE FOR CREATING A BACK UP AND MAINTAINING FOR ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS IN RELATION TO OR PERTAINING TO THE DEVICE (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. You understand and agree that TILS shall under no circumstance be responsible for any lost or corrupted software or data. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TILS OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. TILS 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 TILS immediately of any unauthorized use of your account or any other breach of security. TILS 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 TILS 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
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 the scope for your Plan Order or 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 manufacturer or failure to perform preventive maintenance.
- Problems caused by using accessories, parts, or components not compatible with the product, or Non-Compliance with the TILS engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE TILS PORTAL, OR THROUGH A SERVICE
For your convenience, TILS may make available Materials or Software 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 (a) these Terms and Conditions and 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 your use according to (a) any applicable EULA and/or these Terms and Conditions, and (b) the Plan Order. Any reproduction or redistribution of the Service not in accordance with the EULA and/or these Terms and Conditions is expressly prohibited, 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 TILS website may be copied or retransmitted unless expressly permitted by TILS.
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.
END USER LICENSE AGREEMENTS (EULA) – GENERAL
In connection with our Service, we may provide to you certain software that is owned by TILS 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 Plan Order and for no other purpose.
The Software may be accompanied by a EULA from TILS or a third party. Your use of the Software is governed by the terms of both that license agreement and 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 TILS SOFTWARE
With regard to any Software made available to you by TILS through the TILS Portal for which your acceptance of a separate license agreement is not required (“TILS Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by TILS to use the TILS Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan Order and you shall not make any copies of the TILS Software. You agree that the TILS Software is the confidential and proprietary information of TILS 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 engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TILS Software, or otherwise reduce the TILS 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 TILS 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 TILS Software. You acknowledge that this license is not a sale of intellectual property and that TILS 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 TILS Software and related documentation, as well as any corrections, updates and upgrades. The TILS Software may be used only where legally permitted, and any export of the TILS Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, TILS 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 or not TILS directly assists you in the acquisition, installation, and/or use of Third Party Software. TILS 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 TILS Software shall remain in full force and effect unless and until terminated by TILS, its third party licensors, providers or suppliers, or until your Service is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service, you must cease all use of the TILS Software and immediately delete the TILS 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.
THIRD PARTY AGREEMENTS
As part of the Services, TILS 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 TILS may elect to make available from time to time. Violation of such third party provider’s terms of service may, in TILS sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
TILS 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 TILS TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
TILS 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. TILS 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 MADE TO THE INFORMATION HEREIN. TILS 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 TILS 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 TILS be liable to you in excess of the amounts actually paid by you to TILS 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
TILS may, at its sole discretion, terminate or suspend your Service immediately without notice if:
- 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.
- Your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, TILS’s network, or the use and enjoyment of TILS’s other users.
- If TILS for any reason ceases to offer the Service.
- If you are no longer a TILS customer, or
- TILS determines that you are abusing the Service.
If any provision of the Terms of Service were 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. TILS 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.
The TILS Portal is available internationally and may contain references to TILS products, services, and programs that are not available in a viewer’s country. These references do not imply that TILS intends to make such products, services, or programs available in such country.
TILS reserves the right to amend the Terms and Conditions, and the TILS Portal at any time by (a) posting a revised version of the Terms and Conditions on the TILS Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to TILS in connection with registration. You are responsible for regularly reviewing the TILS website to be notified of any amendments to the Terms and Conditions. Your use of the TILS Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
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 state of California without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in California, in an appropriate venue to be chosen exclusively by TILS and shall be conducted in English.
This version of the Terms is effective as of May 2015. The Agreement governs your use of the Services, superseding any prior or contemporaneous agreements between you and TILS. The failure of TILS to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign the Agreement or any of your rights or obligations under the Agreement without TILS express written consent. The Agreement inures to the benefit of TILS successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.