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.
“Help Tech 247 CERTIFIED TECHNICIAN/(S)”
“Help Tech 247 Certified Technician means” technicians and specialists certified by Help Tech 247 to perform the Services under this Agreement.
“SUBSCRIPTION BASED PLANS”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Help Tech 247 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 “Help Tech 247 PORTAL”
“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 Help Tech 247 Portal are the proprietary and copyrighted work of Help Tech 247 and/or its suppliers. The definition of “Materials” does not include the design or layout of the Help Tech 247.net web site or any other Help Tech 247 owned, operated, licensed or controlled website.
ldquo;Software” means a computer program of any kind, whether owned by Help Tech 247 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 Help Tech 247 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 Help Tech 247 Website or by calling Help Tech 247. Once Help Tech 247 accepts the Plan Order submitted by you, then you will receive an email from Help Tech 247 at the email address that you provide or have provided to Help Tech 247 as part of the Registration Process for the Services.Help Tech 247 is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Help Tech 247 of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Help Tech 247 will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Help Tech 247 will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Help Tech 247 Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1 – 800 – 986 - 6540. 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.
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 Help Tech 247. Help Tech 247 has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of 6 months, one, or two year(“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. You agree to maintain your Service for the applicable term.
CREDIT CARD BILLING.
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Help Tech 247 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 Help Tech 247 and/or any other company who bills products or services, or acts as billing agent for Help Tech 247 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 Help Tech 247 with updated credit card information upon Help Tech 247 request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Help Tech 247 nor any Help Tech 247 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 Help Tech 247 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.
For subscription based plans, Help Tech 247 in the interest of it’s customers does keep a 30 day cooling off period.
Within such time, a customer may obtain a full or partial refund from Help Tech 247 in case the customer concerned is not satisified with the availability of services or decides to opt out of the Plan Agreement. Help Tech 247 though will have the complete right to deduct service charges incurred during such time before the final settlement is done.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 Help Tech 247 technician
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
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though Help Tech 247 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 Help Tech 247 “fair use” policy. Under this policy, if at any time, in Help Tech 247 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 Help Tech 247 reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Help Tech 247 reserves the right to suspend or terminate any Subscription Services of any Subscriber that Help Tech 247, 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 Help Tech 247; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
Help Tech 247 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 Help Tech 247 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.