PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
THIS TERMS OF SERVICE (the “Agreement”) as well as the Support Plan selected by You (“You” or “Subscriber”) when You register for the VPAK Inc. technical support services (the “Services”) constitutes the entire agreement between You and VPAK Inc. (“tek4all.net”) regarding the Services. Please read this Agreement carefully as it sets forth important terms and conditions regarding Your use of the Services and tek4all’s obligations to provide the Services to You. In order to register for the Services, You acknowledge that You have agreed to all of the terms of this Agreement and that You have agreed to become a party to, and be legally bound by, this Agreement.
- Description of the tek4all Services. Subject to the terms and conditions set forth herein and the specifics of each Service Plan, tek4all provides technical support to consumers of personal electronics via telephone, on-line chats, and email. The products that are supported by tek4all (the “Supported Products”) and the Services are described in detail on the tek4all website. Services will be provided by tek4all’s technical support engineers (“TSEs”) using commercially reasonable efforts to solve problems that arise in connection with Subscriber’s proper and authorized use of the Supported Products.
- Subscriber’s Obligations. You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the TSE and the Subscriber. In order to facilitate the prompt resolution of support issues, Subscriber shall provide to tek4all reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist tek4all in its efforts to diagnose and correct problems. Subscriber shall listen carefully to the TSE at all times and follow the instructions issued by the TSE. Subscriber represents and warrants that it has working knowledge of its hardware system, any relevant software, and the facts and circumstances that give rise to a support incident. Subscriber shall ensure that the full system, including software and hardware, is available and accessible to Subscriber during a support session. tek4all shall not be responsible for any lost or corrupted software or data. It is Subscriber’s sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.
- Limitations/Exclusions. tek4all shall have no obligation to support:
- Supported Products that have been altered, damaged or modified;
- Services and products not included in your Service Plan;
- Problem diagnosis and support that may not be completed because of a problem 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 caused by:
- 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 manufacture or failure to perform preventive maintenance;
- Accessories, parts, or components not compatible with the product;
- Failure to follow instructions issued by the TSE; and Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of tek4all.
- Third Party Software : tek4all may suggest that You acquire, install and use certain third party software (“Third Party Software”). tek4all 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. 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 prior to installation or use of the Third Party Software, even if tek4all assists You in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which You licensed all Third Party Software or purchased any equipment. We do not warrant or represent 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.
- Termination for Cause : tek4all may terminate or suspend Your Support Plan immediately without notice if, in the sole discretion of tek4all: (a) You are 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; (b) Your use of the Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, tek4all’s network, or the use and enjoyment of other tek4all subscribers; (d) tek4all ceases to offer the Services for any reason or (f) tek4all determines that You are abusing the Services. tek4all shall incur no liability resulting from terminating or suspending Services to Subscriber.
- Termination and Refund of Services : You may cancel the Services at any time by providing tek4all with a notice of your intent to cancel your services by sending an email to billing@tek4all.net or by calling +1 800 742 9005. You acknowledge that the cancellation will be effective from the beginning of the next month after you provide notification to tek4all via the e-mail. tek4all will provide you with email confirmation of both your request to cancel Services and the actual cancellation of Services. If you do not receive a confirmation of your request to cancel after sending an email or if you do not receive a confirmation of Service cancellation, you must notify tek4all by sending an email to billing@tek4all.net or contacting tek4all Customer Care by telephone.With the exception of the $50.00 Diagnostic Fee, You are entitled to receive 100% of your money back in case we are unable to solve even one your computer/peripherals related issues to your satisfaction, or not solved within the time frame promised to you. You must apply for this refund within 90 days of purchase of your plan. In order to avail the Money Back Guarantee, you are required to send an email to billing@tek4all.net stating your name, details of the plan and the reason for seeking a refund. We would revert to you within 3 working days on details of your refund. You will receive a refund or partial refund or any credits for any charges already billed to your account in proportion to the amount of time left in your subscription period. The time left in your account would be calculated to the nearest month left in your service period. For example if you have a 1 year subscription and you chose to cancel the subscription in the third month of service you would receive a refund for the nine months left in your service. A minimum of $50 will be deducted from each account per year of subscription at the time of cancellation. So, if your subscription is for 2 years, the minimum deduction would be $100. There would be no refunds in case of incident based support if at least one of your issues has been successfully resolved. In case you have used our service and still file a chargeback, your account would become ineligible to receive a refund from us. In case you have used our service and still file a chargeback, your account would become ineligible to receive a refund from us. In case you have file a chargeback without asking us for a refund, your account would become ineligible to receive a refund from us.
- Personal Use Only : tek4all provides the Services for Your personal use and internal business purposes only to address 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.
- Fair Use Policy; User Conduct : Your use of the Services is subject to tek4all’s “fair use” policy pursuant to which tek4all may suspend or terminate Your access to the Services if in tek4all’s sole discretion, You are abusing the Services by (i) exceeding the level of use reasonably expected from someone using the relevant Support Plan; or (ii) fraudulently allowing persons other than Subscriber to access the Services using Your Password. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Monthly Fees. You are solely responsible for the contents of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
- Disclaimer of Warranties : The Services shall consist of commercially reasonable technical support. Subscriber agrees that the use of the Services is at Subscriber’s sole risk and that the Services are provided on an “AS IS” and “AS AVAILABLE BASIS. tek4all makes no express or implied warranties or representations with respect to the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). tek4all does not warrant that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does tek4all make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. tek4all provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your communications, data, or personalization settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
- Limitation of Liability : Neither tek4all, nor its parents, subsidiaries, affiliates, officers or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use the Services or INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, Data or other intangibles, In any manner, however caused and on any theory of liability, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total and aggregate liability of tek4all for any cause of action related to or arising under this Agreement exceed $5.00. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services.
- Indemnification : You agree to immediately notify Company of and indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services, (including the unauthorized use of Your account or any other breach of security known to You), the violation of this Agreement by You, or the infringement by You, or another user using Your computer, on any intellectual property or other right of any person or entity.
- Incorporation of Terms of Access and Privacy Policy : You agree to follow and be bound by all of the terms and conditions contained in the Terms of Access and Use, which bind all users of the tek4all website and are incorporated into and made a part of this Agreement by this reference. You may view the Terms of Access and Use. You also agree that other than the Personal Information identified in the tek4all Privacy Policy, any information or data disclosed or sent to tek4all over the telephone, electronically or otherwise, is not confidential or proprietary to You. If You have not yet reviewed the tek4all Privacy Policy, incorporated herein by this reference, then please do so prior to agreeing to these Terms and Conditions.
- Proprietary Rights : The Services, including, without limitation, any of tek4all or its licensors’ Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of tek4all and its licensors, and You shall have no interest in them whatsoever.
- Modification or Discontinuation of the Services and/or this Agreement : tek4all 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 (a) posting a revised version of the Terms of Service or a revised description of the Services on the tek4all website, or by (b) sending information regarding any amendment to the Terms of Service and changes to the Services to the email address You provide to tek4all when you register for the Services. You are responsible for regularly reviewing the tek4all website to be notified of any amendments to the Terms and Conditions or the Services. Your use of the Services after an amendment to the Terms and Conditions or the Services shall be deemed acceptance by You of such amendments or modifications.
- Notices : Unless otherwise provided herein, notices given by tek4all to You will be sent by e-mail to the e-mail address You provide to tek4all as part of the registration process, or to updated addresses which You provide to Company via notice consistent with this paragraph. Notices given by You to Company must be given by e-mail to webmaster@tek4all.net or such updated address and number as Company may provide You consistently with this notice provision. Notwithstanding anything herein to the contrary, it is Your sole responsibility to update Your address for notices hereunder, and notice sent to the e-mail last provided by You to Company shall be valid and binding on You regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.