By purchasing Elicitek's software support plan, you are acknowledging that you have read and understand these TERMS AND CONDITIONS as described below. AS NOTED BELOW, BY CHECKING THE "I AGREE" BOX, YOU ALSO AGREE TO ALL OF ELICITEK's SOFTWARE SUPPORT TERMS AND CONDITIONS AND FEES THAT APPLY.
1. Backup Data Prior to Service:
During the course of service, customer personal data can be lost and unrecoverable. You agree and understand that it is your (the customer's) responsibility to maintain copies of ALL data on your computer, and to obtain and/or make such copies and/or archives to external media PRIOR to authorizing our Software Support to commence remote services for you. Elicitek's staff, partners or affiliates are not responsible for any lost, missing, unrecoverable or damaged data that may occur during a repair/service session. By acceptance of this agreement and a remote connection to your computer for Software Support Service you agree and affirm that you have made a backup copy, to an external archive, of any/all data on your computer's hard drive that you wish to retain.
2. Services Terms:
Our Software Support Service includes repair, evaluation, diagnostics, upgrade, installation, setup, malware removal or other services on your computer. To deliver this services, it requires our Software Support staff to setup a remote service session by remotely connecting to your computer, and you agree to allow such connection to your computer. Note that at the conclusion of a remote service session that is terminated by either by you or our Software Support, the data connection and all access between customer computer and our Software Support computer is completely severed, and our Software Support can no longer access your computer without your explicit authorization to make a new connection.
3. Subscriber's Obligations:
You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the Software Support ("EXPERT") and the Subscriber. In order to facilitate the prompt resolution of issues with your PC, Subscriber shall provide the EXPERT reasonably detailed documentation and explanations, together with underlying data, to substantiate the issues and to assist the EXPERT in its efforts to diagnose and resolve the report issue. Subscriber shall listen carefully to the EXPERT at all times and follow the instructions provided by the EXPERT. Subscriber represents and warrants that it has working knowledge of its computer system, any relevant software, and the facts and circumstances that give rise to a support incident. Subscriber shall ensure that full computer system, including software and hardware, is available and accessible to the Subscriber during a support session and that the said system is connected to the internet via a high-speed connection. In order to purchase Subscription Services, your covered computer(s) must be virus free (as determined by our Software Support staff at the time you purchase the Subscription Service). If our Software Support staff determines that your computer is infected by a virus, they may require you to purchase a separate Service to clean-up your computer prior to obtaining Subscription Services.
The Subscription-Based-Services are transferable only one-time during the subscription period from one computer to another, provided that it is owned by you. You may not use the Services in connection with a service agency or in any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software that is not personally owned by you.
4. Limitations/Exclusions Elicitek shall have no obligation to provide support for:
- Supported Products that have been altered, damaged or modified;
- Services and products not included in your Service Plan;
- Service beyond the duration limitations identified in your Services plan
- Problem diagnosis and support that may not be completed because of a problems with your computer or other equipment, or because their configuration is beyond our control;
- Software, including the operating system and software which are not compatible with the hardware on which they are installed; and
- Problems that may and are caused by:
- Non-Compliance with our EXPERT's instructions for resolving the query
- Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components
5. Service Termination for Cause:
Elicitek may terminate or suspend your Service Subscription Plan immediately without notice if, in the sole discretion of Elicitek:
- You are found in breach of this Agreement (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 Services that are prohibited by law or are disruptive to, adversely impacts or causes a malfunction to the Elicitek's network, or the use and enjoyment of our other subscribers;
- Elicitek ceases to offer the Services for any reason or
- Elicitek determines that you are abusing the Services. Elicitek shall incur no liability resulting from terminating or suspending Services to Subscriber.
6. Personal Use Only:
Elicitek provides the Services for your personal use and for internal business purposes only, and addresses the issues and Supported Products covered under your Support Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Services.
7. Fair Use Policy; User Conduct:
Your use of the Services is subject to Elicitek's "fair use" policy pursuant to which Elicitek may suspend or terminate your access to the Services if Elicitek, in its' sole discretion, finds that the Services are being abused for:
Exceeding the level of use reasonably expected from someone using the relevant Support Plan; or
Fraudulently allowing persons other than Subscriber to access the Services using Your Password.
In the event of such termination or suspension, you shall not be entitled to a refund of any prepaid fee for your subscription plan. You are solely responsible for the contents of your transmissions through the Services.
8. Third Party Software and Third Party Services:
Elicitek may suggest that you acquire, install and use certain third party software ("TPS"). Elicitek has no rights to the TPS and does not license TPS to you or make any representation or warranty regarding the TPS. The TPS is licensed to you by the respective owners or licensees of the TPS. You must agree to the terms and conditions set forth by such owners or licensees prior to installation or use of the TPS, even if our EXPERT assists you in the acquisition, installation, and/or use of TPS. You must ensure that you comply with the terms and conditions under which you licensed all TPS or purchased any equipment. We do not warrant or represent that we are an authorized service provider for TPS 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 TPS or the equipment by an unauthorized service provider may void any warranty made by the supplier of such TPS or the equipment.
As part of the Services, Elicitek 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 Software Support, portal, training, music, gaming and storage services that Elicitek may elect to make available from time to time. Violation of such third party provider's terms of service may, in Elicitek's sole discretion, result in the termination of your customer account and use of service. Elicitek does not warrant third party products.
10. Fees and Charges:
Elicitek shall provide our remote Software support services to determine, diagnose and repair/upgrade or other service for your computer via remote access for an applicable fees as described on our website under Software support Services - Service Plans. Remote services generally require a working broadband Internet connection to the computer being serviced and a voice telephone for consultation services.
11. Refund Policy:
In some instances, a successful repair is not possible due to unforeseen problems with your computer's hardware, software or configuration. Under such circumstances, Elicitek shall not be liable for incomplete repairs, and if you have purchased "One-Time Support Plan", we will issue a full refund of any fee paid by you. Please understand that refunds will take between 30-45 days of processing time.
If you have purchased a Monthly or One Year support plan, and choose to cancel such subscription service, you may do so by contacting our Software support by sending email at firstname.lastname@example.org within five (5) calendar days of purchasing the subscription. Elicitek will issue a full refund for the fee paid by you, provided that you have not been already provided successful Software service at least once prior to your request for cancellation. If successful Software service has already been provided to you at least once or you make request to cancel your subscription after the first (5) calendar days then a partial refund will be issued on pro-rata basis (if our software service has already provided successful service at least once then "One-Time Service Plan" fee will be deducted and then the refund will only be on pro-rata basis of the remaining balance). Please understand that refunds will take between 30-45 days of processing time.
You hereby authorize Elicitek to charge the credit/debit card that you provide or other valid payment mechanism you requested and approved by Elicitek at the time of registration of your Service Plan (the "Plan Charges"). Unless otherwise agreed by Elicitek in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from our Software support. You agree that Elicitek is under no obligation to render any Services if the payment for such services as required are not made. You hereby authorize Elicitek 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 Elicitek and/or any other company who bills products or services, or acts as billing agent for Elicitek 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 acknowledge and agree that neither Elicitek nor any affiliated company that provide service to Elicitek will have any liability whatsoever for any nonsufficient 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 enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Elicitek'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. You must notify Elicitek at email@example.com of any changes to your credit or debit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Elicitek from charging your account. By authorizing Elicitek to charge your credit/debit card for your Subscription Service, you further authorize Elicitek to continue to charge your credit card (or a replacement card, if the credit issuing entity informs Elicitek that a replacement card has been issued) for all fees associated with a Recurring Subscription Service, including renewals. You must contact firstname.lastname@example.org if you do not wish to renew your Recurring Subscription Service; if you do not contact email@example.com the Recurring Subscription Service that you selected will automatically renew for the same subscription duration that you initially selected on our website at www.elicitek.com and then-applicable fees. A subscription for "One Year Plan" does not automatically renew and it ends at the end of the applicable period. If Elicitek is unable to collect the Monthly Fee from Your credit or debit card, you shall be provided a written notice of such non-payment and may, at Elicitek's option, extend the payment deadline to allow you to provide an alternate credit card number. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for an immediate termination of this Agreement by Elicitek. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable sales taxes.
13. Damage Waiver:
Unless otherwise agreed in writing, Elicitek shall not be liable for, and you agree to hold Elicitek harmless, from any and all damages, costs, and expenses incurred as the result of any loss, defect, or damage to any software or the data residing or recorded in your computer, whether incurred during the course of our Software Services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to use/copy the information and to use the software and agree to the terms of the software license, and you authorize our software support staff to transfer the information and accept such terms on your behalf in performing the service.
14. Limited Warranty:
By your purchase of "One-Time Support" or subscription based plan for remote software service on your computer, Elicitek warrants that our software service will be performed to the best of our ability. Elicitek does not warrant that the service provided by our software support staff will perform at a particular speed, bandwidth or data throughput rate. All services with the exception of virus and malware* removal are warranted for a period of thirty (30) days at the sole discretion of Elicitek. This warranty period however excluded any new issues you might experience with your computer. Virus and malware* eradication will be done to the best of our ability using the most up-to date techniques and professional software removal tools. There are no implied or other warranties made by Elicitek with respect to repairs or services. Elicitek's total liability to you for any and all damages whatsoever is limited to the amounts you paid to Elicitek for the services rendered.
*Malware is a malicious software designed to harm or secretly access a computer system without the owner's informed consent and is a software program or file that is, or may be, harmful to a computer user including a variety of forms of hostile, intrusive, or annoying software or program code such as computer viruses, worms, Trojan horses, spyware, dishonest adware, scareware, Crime-ware, most rootkits, and other unwanted software or programs sometimes known as a computer contaminant.
15. Modification or Discontinuation of Services and/or the Terms and Conditions:
Elicitek may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof and/or amend the terms and conditions stated herein by;
Posting a revised version of the Terms and Conditions for the Services or a revised description of the Services on the www.elicitek.com website, or
Sending information regarding any amendment to the Terms and Conditions for the Service and/or changes to the Services to your email address that you provided during the registration process for the Services.
You are responsible for regularly reviewing the www.elicitek.com website and/or your emails for notifications of any amendments to the Terms and Conditions or the Services. Your continued use of the Services after any amendment to the Terms and Conditions shall be deemed as your acceptance of such amendments or modifications.
16. Certification and Acceptance:
By checking the "I Agree" box and proceeding with your purchase of Elicitek's remote software services, I, (customer) agree that I am of legal age and am the owner or owner's authorized agent of the computer or equipment for which services are sought from Elicitek. Also, I agree to allow the software support to setup a remote connection to my computer for provision of such services, and acknowledge that I have read and understand these terms and conditions and agree to all terms and conditions stated herein. I ALSO AGREE TO ELICITEK's REMOTE SOFTWARE SERVICE TERMS AND CONDITIONS AND ALL FEES THAT MAY APPLY.