|TERMS AND CONDITIONS, Call PC Expert|
These terms and conditions (The “Agreement”) state important requirements regarding your use of the Call Pc Expert computer support service and your relationship with Call Pc Expert. You should read them carefully as they contain important information and instructions pertaining to your and our rights and obligations for the Call Pc Expert service
“You” means any person, or Company, including any employer or Company that you are acting on behalf of.
“Call Pc Expert”
“Call Pc Expert” is the service mark of iS3, Inc. All references to Call Pc Expert refer to iS3, Inc.
“SERVICES” AND “Call Pc Expert PORTAL”
All references to “Services” refer to any Call Pc Expert service plan that you enter into with Call Pc Expert and any use of the Call Pc Expert Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services (“Plan Order”).
“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 Call Pc Expert Portal.; Said materials are the proprietary and copyrighted work of Call Pc Expert and/or its suppliers. The definition of “Materials” does not include the design or layout of the www.callpcexpert.com Web site or any other Call Pc Expert owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by Call Pc Expert 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.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders. Once Call Pc Expert accepts the Plan Order submitted by you, then you will receive an email from Call Pc Expert at the email address that you provide or have provided to Call Pc Expert. Call Pc Expert is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Call Pc Expert of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, Call Pc Expert will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Call Pc Expert will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to Call Pc Expert’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-877-778-8969.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Call Pc Expert has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You hereby authorize Call Pc Expert to charge the Credit card/Debit card/PayPal account that you provide at registration for the monthly/annual fee associated with your Service plan as it occurs on a monthly or yearly as specified in your registration form. All Monthly Fees are non-refundable. Call PC Expert will charge the specified plan amount only for one time and renewals /re-payments are not processed until you call the support team and provide your payment details and provide a proof of payment authorization , If Call Pc Expert is unable to collect the Monthly fee from your Credit/Debit/PayPal account, Call Pc Expert shall provide you with a written notice of such non-payment and may, at Call Pc Expert’s option, extend the payment deadline to allow you to provide an alternate Credit/Debit/PayPal 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 the immediate termination of this Agreement by Call Pc Expert. 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 taxes. You are responsible for the payment of all federal, state and local sales, use, value added, excise, duty and any other applicable taxes, other than taxes based on Call Pc Expert’s net income.
CANCELLATION – MONEY BACK POLICY
CALL PC EXPERT cannot provide a refund for updates applied to the customer product (ie..Computer or Laptop) by another company not affiliated with CALL PC EXPERT. (Companies not affiliated unless otherwise specified
You hereby agree to the Call Pc Expert Transfer Policy of one transfer per year of the Call Pc Expert Service Plan to another computer owned by you. A $99 fee applies to setup, install software, and make ready the computer for the Call Pc Expert service.
ACCEPTABLE USE POLICY (AUP)
GUESTS: LIMITED LICENSE TO USE OF Call Pc Expert PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Call Pc Expert has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use the Call Pc Expert Portal and Materials (defined below) specifically designated as available to guests on the Call Pc Expert Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Call Pc Expert, (b) registering with Call Pc Expert and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
Call Pc Expert 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 Call Pc Expert’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 Call Pc Expert PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the Call Pc Expert 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 Call Pc Expert Portal, Services, Materials or Software, other than as explicitly permitted by Call Pc Expert is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Call Pc Expert and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Call Pc Expert’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 Call Pc Expert’s ability to schedule a support session. You hereby release Call Pc Expert from any and all liability, and agree that Call Pc Expert shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Call Pc Expert 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.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Call Pc Expert PORTAL, OR THROUGH A SERVICE
For your convenience, Call Pc Expert 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.
END USER LICENSE AGREEMENTS (EULA)- GENERAL
In connection with our Service, we may provide to you certain software which is owned by Call Pc Expert 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.
EULA FOR Call Pc Expert SOFTWARE
With regard to any Software made available to you by Call Pc Expert through the Call Pc Expert Portal for which your acceptance of a separate license Agreement is not required (“Call Pc Expert Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Call Pc Expert to use the Call Pc Expert 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 Call Pc Expert Software. You agree that the Call Pc Expert Software is the confidential and proprietary information of Call Pc Expert 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 engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Call Pc Expert Software, or otherwise reduce the Call Pc Expert 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 Call Pc Expert 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 Call Pc Expert Software. You acknowledge that this license is not a sale of intellectual property and that Call Pc Expert 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 Call Pc Expert Software and related documentation, as well as any corrections, updates and upgrades. The Call Pc Expert Software may be used in the United States only, and any export of the Call Pc Expert Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Call Pc Expert 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 or not Call Pc Expert directly assists you in the acquisition, installation, and/or use of Third Party Software. Call Pc Expert 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 AGREEMENTS
As part of the Services, Call Pc Expert 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 Call Pc Expert may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Call Pc Expert’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
Call Pc Expert 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 Call Pc Expert TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. Call Pc Expert SERVICE PLANS COME WITH A 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN THE ONLINE DOCUMENTATION AND THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, in no event shall Call Pc Expert be liable to you in excess of the amounts actually paid by you to Call Pc Expert under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within 90 days after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
Call Pc Expert at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Call Pc Expert:
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. Call Pc Expert’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.
The Call Pc Expert Portal is available internationally and may contain references to Call Pc Expert products, services, and programs that are not available in a viewer’s country. These references do not imply that Call Pc Expert intends to make such products, services, or programs available in such country.
Call Pc Expert reserves the right to amend the Terms and Condition, and the Call Pc Expert Portal at any time by (a) posting a revised version of the Terms and Conditions on the Call Pc Expert Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Call Pc Expert in connection with registration. You are responsible for regularly reviewing the Call Pc Expert website to be notified of any amendments to the Terms and Conditions. Your use of the Call Pc Expert Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
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 state of Florida without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Palm Beach County Florida and shall be conducted in English.