This "PromisingSupport" Technical Support Terms of Service ("Service Terms") is provided to you ("Customer") in connection with the "PromisingSupport" Plan (the "Service") that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and "PromisingSupport" with respect to the Service.
Upon purchase of the Service, Customer shall be eligible to receive the following services via in-store, remote, or phone support (e.g., over the phone or via the Customer's computer with a "PromisingSupport" Agent logged into the Customer's computer):Software Installation. Software assessment and removal of viruses and malware. Limited hardware installation/Uninstallation. Operating system installation On Demand computer tune-up, including operating software system updates. Hard-drive data removal upon request. Password reset provided the customer has the Operating system media.
Service is on a per-customer basis and is limited to the computer system registered under the plan. Eligible devices include PCs (including notebooks, laptops, and desktops). Phones/mobile handsets are not eligible devices. Customer may cancel the Service, and seek a refund therefore, if the cancellation occurs within 30 days of Customer’s date of purchase of the Service- with a valid reason. No refunds will be provided after said 30 day timeframe. In case the customer purchases a new computer and discards the old one carrying the "PromisingSupport" plan, then the services can be shifted to the new computer for the remainder duration of the plan, upon request and at the discretion of "PromisingSupport".
The fee for the Service is a set fee without regard to usage (i.e., there will be no full or partial refund of the fee even if the Customer does not use the Service thereafter). Customer may initially purchase the Service for a per incident, 6 months, 1-year or 2-year increments, or as the duration of "Service" as offered by "PromisingSupport" at the time of purchase. Training and training services are not included in the Service.
Customer pre-requisites: The Service requires a functioning high-speed Internet connection.
As a Registered customer of "PromisingSupport" We might call you for the following specific reasons:Follow up calls for troubleshooting issues. Regular Maintenance calls Customer service/Feedback Calls. Subscription Status / Renewal Calls. Follow up calls for processing refunds etc.
The term User shall refer to the user who is accessing, browsing or using the website. The term Website refers to http://www.promisingsupport.com owned and monitored by PromisingSupport.
If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of each respective applicable period -- on a month-to-month basis if Customer originally signed up for a one-month term.
For month-to-month renewal plans, "PromisingSupport" will send prior notice of renewal at least two weeks before the initial renewal, but will not send such notice thereafter; rather, "PromisingSupport" will thereafter charge Customer's card each month in advance and send Customer a monthly receipt thereafter. For annual plans, "PromisingSupport" will notify Customer of the pending subscription renewal at least 30 days prior to the date the subscription expiry date. "PromisingSupport" will bill all charges automatically to Customer's credit card at the beginning of every renewal period, at the rates then in effect, unless Customer notifies "PromisingSupport" otherwise. Customer must cancel his or her subscription before it renews in order to avoid billing of subscription fees for the renewal term to his or her credit card.
"PromisingSupport" may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, "PromisingSupport" will notify you by posting the changes to the site from which you purchased the Services. "PromisingSupport" reserves the right to modify or discontinue the Service with or without notice to Customer. "PromisingSupport" shall not be liable to Customer or any third party should "PromisingSupport" exercise its right to modify or discontinue the Service. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
It is "PromisingSupport" policy to respect the privacy of its Customers. We would never ask you for your credit card details or cvv codes etc either via mail or phone.
Customer agrees that prior to "PromisingSupport" servicing any Customer equipment it is Customer's responsibility to
Back-up the data, software, information or other files stored on Customer's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device.
Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer's product. Customer agrees that whether or not Customer requests back-up services from "PromisingSupport" and/or its third party service provider, neither "PromisingSupport" nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
|Plan Type||Subscription Service|
|Incident Based||50% of the Plan Amount|
|Tenure Based||Upto 50% of the Plan Amount|
"PromisingSupport" shall not be liable for any failure or delay in performance due to any cause beyond its control. "PromisingSupport" and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer's payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by "PromisingSupport".
Customer agrees to indemnify, defend, and hold harmless "PromisingSupport" (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by "PromisingSupport" by reason of, or arising from the followingCustomer's breach of this Agreement. Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person. Customer's actual or alleged failure to promptly pay sums due "PromisingSupport" or third parties. Customer's failure to comply with applicable laws, regulations or ordinances. The acts or omissions of Customer (or its officers, directors, employees or agents).
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. "PROMISINGSUPPORT" EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. "PROMISINGSUPPORT" MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES "PROMISINGSUPPORT" MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM "PROMISINGSUPPORT" OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
"PROMISINGSUPPORT" SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF "PROMISINGSUPPORT" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer's responsibility to back-up the software and data that is stored on Customer's computers, hard disk drive(s), and/or on any other storage devices Customer may have, and the "PromisingSupport" shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. "PromisingSupport" shall not be liable in any way for damages arising from any service or software or other product supplied to Customer by "PromisingSupport". Notwithstanding any language to the contrary, "PromisingSupport" maximum liability to Customer arising from or related to "PromisingSupport" under this Agreement shall be limited to the sums paid by Customer to "PromisingSupport" under this Agreement during the three months prior to the time the cause of action arose.