New UK DID No.: 442088191094
New US DID No.: 16137770611
TERMS AND CONDITIONS
LAST UPDATED: APRIL 9, 2007
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF 24SEVENPCCARE.COM'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH 24SEVENPCCARE.COM OWNER LAKSHMI INFOSOUL PRIVATE LIMITED. THE TERMS CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE 24SEVENPCCARE.COM SERVICE.
"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 24SEVENPCCARE .COM (THE "AGREEMENT"). You must agree to the Terms and Conditions in order to be eligible to use the 24SEVENPCCARE.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 24SEVENPCCARE.COM consists of these Terms and Conditions, Any additional terms mentioned for your plan order and the Privacy Policy.
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.
"YOU"
"You" means you individually, any person, including any employer that you are acting on behalf of.
"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 24SEVENPCCARE.COM Portal are the proprietary and copyrighted work of 24SEVENPCCARE.COM and/or its suppliers. The definition of "Materials" does not include the design or layout of the 24SEVENPCCARE.com Web site or any other 24SEVENPCCARE.COM owned, operated, licensed or controlled site.
"SOFTWARE"
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 "Software" means a computer program of any kind, whether owned by 24SEVENPCCARE.COM24SEVENPCCARE.COM Software and Third Party Software.
"SERVICES" AND "24SEVENPCCARE.COM PORTAL"
All references to "Services" refer to any 24SEVENPCCARE.COM service plan that you enter into with 24SEVENPCCARE.COM through use of the 24SEVENPCCARE.COM web portal located at www.24sevenpccare.com (the "24SEVENPCCARE.COM Portal") or by calling the 24SEVENPCCARE.COM phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the 24SEVENPCCARE.COM Portal, and any use of the 24SEVENPCCARE.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, 24SEVENPCCARE.COM will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 800-***-****.
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. 24SEVENPCCARE.COM has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
The procedure of the payment for the service is through Merchant’s Payment Gateway service by all/any major card types. We (any employees of 24sevenpccare) is not authorize to take any card details over phone.
SUBMISSION OF PLAN ORDERS SERVICE PLANS
You may order Services by submitting Plan Orders through the 24SEVENPCCARE.COM Portal or by calling 24SEVENPCCARE.COM. Once 24SEVENPCCARE.COM accepts the Plan Order submitted by you, then you will receive an email from 24SEVENPCCARE.COM at the email address that you provide or have provided to 24SEVENPCCARE.COM as part of the Registration Process for the Services. 24SEVENPCCARE.COM is not responsible for rendering Services in connection with any Plan Order that it has not accepted or expired. Upon acceptance by 24SEVENPCCARE.COM of a Plan Order, you will have a Service Plan.
REFUND POLICY
24sevenpccare provides services to customers on a state of the art integrated delivery platform by our QUALIFIED TECHNICIANS which allows us to provide support to your computer(s) remotely or through chat, mail and phone with a personalized touch. If for any reason you are not satisfied with the same, we offer a refund policy. You have the right to cancel the subscription and services included in the agreement, and receive a full refund within a period of 14 calendar days.Please note you will be entitled to get a full refund if applied within 14 calendar days of purchasing the plan. Your refund takes effect when you send us a mail from your registered email id to sales@24sevenpccare.com. A full refund would be granted to you with at the earliest.
Applicable for Subscription Based Plans:
The customer should not initiate a charge back from its issuer bank but can stop the future payments by contacting 24Sevenpccare any time with the below mentioned guidelines:
Applicable for all Incident Based Plans:
1) No refund after seven calendar days of purchasing the plan.
2) Full refund will be provided if apply within 7 calendar days of purchasing the plan.
Applicable Duration Based Plans:
One year Plan / Two Year / Three year / Unlimited Service
1) If the customer have availed any service and if not satisfied with the service full refund will be provide if and only if applied within 14 calendar days of purchasing the plan.
2) If the customer have not availed any service, then, 100 percent (full refund) of plan price will be refunded, if claimed within 30 calendar days of subscribing the plan.
3) No refund after 30 calendar days of subscribing the plan
Refund clauses
1) Refund policy does not apply for Free Trial Offer.
2) Refund policy will be valid only if 24Sevenpccare failed satisfactory solutions of issues mentioned in the scope of services.
3) Refund can only be claimed if customer's issue is not resolved or customer did not get the support in time.
4) You can file a refund request by sending us a email at sales@24sevenpccare.com or by calling us in our customer help desk or by contacting us through our website www.24sevenpccare.com/contact.php.
5) Refunds will be processed in 5- 10 business days from the date of request.
8) Refunds are not to be allowed in one time plans or subscription.
24SEVENPCCARE.COM has no obligation to monitor the Communication Services. However, 24SEVENPCCARE.COM reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. 24SEVENPCCARE.COM reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
24SEVENPCCARE.COM reserves the right at all times to disclose any information as 24SEVENPCCARE.COM 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 24SEVENPCCARE.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 24SEVENPCCARE.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 24SEVENPCCARE.COM Portal by current 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Portal and Materials (defined below) specifically designated as available to guests on the 24SEVENPCCARE.COM Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by 24SEVENPCCARE.COM, (b) registering with 24SEVENPCCARE.COM and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
COMMUNICATIONS SERVICES
24SEVENPCCARE.COM 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 24SEVENPCCARE.COM'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 24SEVENPCCARE.COM PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the 24SEVENPCCARE.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 use of the 24SEVENPCCARE.COM Portal, Services, Materials or Software, other than as explicitly permitted by 24SEVENPCCARE.COM is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to 24SEVENPCCARE.COM and its suppliers. Reverse tecnicianing and decompilation of the Software is strictly prohibited.
SECURITY
You may not avail the services of 24SEVENPCCARE if you fail to provide the user-id and security-id when you are seeking support over the phone.
"When our registration form asks user to enter sensitive information (such as credit card number), the information is encrypted and is protected with the best of the encryption software. The procedure of the payment for the service is through Merchant’s Payment Gateway service by all/any major card types. We (any employees of 24sevenpccare) are not authorize to take any card details over phone. YOU(Customers) need to understand that WE (24sevenpccare) do not have the right to collect such kind of information. It will be directly filled in by the customer at the time of purchasing (on the PP).
LINKING
You may not create hyperlinks to any portion of the 24SEVENPCCARE.COM Portal, nor any Materials or Software posted therein.
INDEMNITY
You agree to indemnify, defend, and hold 24SEVENPCCARE.COM, 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 24SEVENPCCARE.COM's defense of any claim. 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM. You agree immediately to notify 24SEVENPCCARE.COM 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:
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of 24SEVENPCCARE.COM'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 24SEVENPCCARE.COM's ability to schedule a support session. You hereby release 24SEVENPCCARE.COM from any and all liability, and agree that 24SEVENPCCARE.COM shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
24SEVENPCCARE.COM 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 24SEVENPCCARE.COM PORTAL, OR THROUGH A SERVICE
For your convenience, 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Web site may be copied or retransmitted unless expressly permitted by 24SEVENPCCARE.COM.
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:
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 24SEVENPCCARE.COM 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 24SEVENPCCARE.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 24SEVENPCCARE.COM SOFTWARE
With regard to any Software made available to you by 24SEVENPCCARE.COM through the 24SEVENPCCARE.COM Portal for which your acceptance of a separate license agreement is not required ("24SEVENPCCARE.COM Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by 24SEVENPCCARE.COM to use the 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Software. You agree that the 24SEVENPCCARE.COM Software is the confidential and proprietary information of 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Software, or otherwise reduce the 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Software. You acknowledge that this license is not a sale of intellectual property and that 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Software and related documentation, as well as any corrections, updates and upgrades. The 24SEVENPCCARE.COM Software may be used in the United States only, and any export of the 24SEVENPCCARE.COM Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM assists you in the acquisition, installation, and/or use of Third Party Software. 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM Software shall remain in full force and effect unless and until terminated by 24SEVENPCCARE.COM, 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 24SEVENPCCARE.COM Software and immediately delete the 24SEVENPCCARE.COM 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
24SEVENPCCARE.COM 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 24SEVENPCCARE.COM TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE 24SEVENPCCARE.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
24SEVENPCCARE.COM 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. 24SEVENPCCARE.COM 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. 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM be liable to you in excess of the amounts actually paid by you to 24SEVENPCCARE.COM under the Plan Order that is the subject of the dispute.
THIRD PARTY AGREEMENTS
As part of the Services, 24SEVENPCCARE.COM 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 24SEVENPCCARE.COM may elect to make available from time to time. Violation of such third party provider's terms of service may, in 24SEVENPCCARE.COM'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
24SEVENPCCARE.COM at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of 24SEVENPCCARE.COM: (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, 24SEVENPCCARE.COM's network, or the use and enjoyment of 24SEVENPCCARE.COM's other users; (c) 24SEVENPCCARE.COM receives an order from a court to terminate the Service you are availing ; (d) if 24SEVENPCCARE.COM for any reason ceases to offer the Service; (e) if you are no longer a 24SEVENPCCARE.COM customer, or (f) 24SEVENPCCARE.COM determines that you are abusing the Service. 24SEVENPCCARE.COM, 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. 24SEVENPCCARE.COM'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 24SEVENPCCARE.COM Portal is available internationally and may contain references to 24SEVENPCCARE.COM products, services, and programs that are not available in a viewer's country. These references do not imply that 24SEVENPCCARE.COM intends to make such products, services, or programs available in such country.
MODIFICATION
24SEVENPCCARE.COM reserves the right to amend the Terms and Condition, and the 24SEVENPCCARE.COM Portal at any time by (a) posting a revised version of the Terms and Conditions on the 24SEVENPCCARE.COM Portal (http://www.24sevenpccare.com/24sevenpccarenet/us/terms.htm), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to 24SEVENPCCARE.COM in connection with registration. You are responsible for regularly reviewing the 24SEVENPCCARE.COM website to be notified of any amendments to the Terms and Conditions. Your use of the 24SEVENPCCARE.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.
If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to feedback@24sevenpccare.com