Terms and Conditions
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
a. No Refunds for one time fixes, if issue has been resolved. If issue is not resolved, refunds will be subject to CALL PC EXPERT Management approval. Full refunds will not be provided after Five (5) days of service completion. Customer may cancel service agreement and receive a prorated refund. CALL PC EXPERT may charge a one-time service charge for services provided (one time service charge amount depends on the service provided; min $99.00), upon cancellation of any service agreement. Any cancellations are subject to CALL PC EXPERT Terms and Conditions. Service charges may be applicable and deducted from any refund. b. Refunds will NOT BE provided for any software downloads or licensed software installations (ie. Anitvirus software, Operating System installs). Customer must test and sign off on all work completed. If issue is not resolved, at the time of service completion customer has the right to request a refund, or have the issue resolved. All refunds are at the discretion of CALL PC EXPERT management. We will refund the credit card used during purchased/subscription. However, there may be any applicable charges such as Bank/Credit Card charges and administrative charges, which will be deducted from the refund amount. The refund process usually takes 7-10 business days to process. For further information or questions please email us at firstname.lastname@example.org
c. If refund is approve as per policies then it take 72 hours to be recive by customer.
d. Refund will be proceed in same account originally charge for services.
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:
1. Cooperate with the Call Pc Expert Engineer: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer’s instructions. You must confirm that the following conditions are true:
1.1 The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Call Pc Expert support personnel.
1.4 Be able to maintain a constant connection to the internet through either DSL or faster connections to enable Call Pc Expert Engineers to connect successfully and perform the necessary tasks in order to troubleshoot issues (No Satellite/Dial up).
2. Software/Data Backup: You understand and agree that Call Pc Expert shall under no circumstance be responsible for any lost or corrupted software or data unless you are subscribed to the Call Pc Expert Backup Services, in which case the Licensed Software warranties for the backup product shall be in effect. Call Pc Expert strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
3. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Call Pc Expert immediately of any unauthorized use of your account or any other breach of security. Call Pc Expert will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Call Pc Expert or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
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:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result from:
5.1 External causes such as accident, abuse, misuse, or problems with electrical power;
5.2 Usage that is not in accordance with product instructions provided by manufacture;
5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
5.5 Non-Compliance with the Call Pc Expert engineer instructions for resolving the query.
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.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any Call Pc Expert Web site may be copied or retransmitted unless expressly permitted by Call Pc Expert.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
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.
The Software may be accompanied by a EULA from Call Pc Expert or a third party. Your use of the Software is governed by the terms of both that license Agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
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.
Your license to the Call Pc Expert Software shall remain in full force and effect unless and until terminated by Call Pc Expert, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Call Pc Expert Software and immediately delete the Call Pc Expert Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty 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.
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.
Call Pc Expert AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. Call Pc Expert AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Call Pc Expert AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL Call Pc Expert AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
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:
(a) you are in breach of any of the Terms and Conditions (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 Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Call Pc Expert’s network, or the use and enjoyment of Call Pc Expert’s other users
(c) Call Pc Expert receives an order from a court to terminate the Service you are using;
(d) if Call Pc Expert for any reason ceases to offer the Service;
(e) if you are no longer a Call Pc Expert customer, or
(f) Call Pc Expert determines that you are abusing the Service. Call Pc Expert, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
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.