DESCRIPTION OF SERVICE
Upon purchase of the Service, Customer shall be eligible to receive the following services via remote, or phone support (e.g., over the phone or via the Customer’s computer with a MS Support Microsoft Certified Agent logged into the Customer’s computer): • Software Installation • Software assessment and removal of viruses and malware • Memory Functioning. • Operating system installation •Annual computer tune-up, including operating software system updates, screen resolution checks, and periodic performance check. • Hard-drive data removal upon request • Password reset • Hard drive Data retrieval upon request Service is on a per-customer basis and is limited to 1 eligible device owned by the Customer.
Eligible devices include PCs (including notebooks, laptops, and desktops), and computing products. 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; no refunds will be provided after said 30-day timeframe.
The fee for the Service is a set fee without regard to usage (i.e., outside of the 30-day return period, 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 in 3-months, 1-year, 2-year increments. Training and training services are not included in the Service, but are available at MS Support standard service rate. Customer pre-requisites: The Service requires a functioning high-speed Internet connection, and up-to date Antivirus software installed on the PCs (which will be provided by MS Support desk for our valuable customers. PAYMENT
If Customer would like to continue the Service after expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are non -refundable. Ms Support Desk may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
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 Three-month term, and on an annual basis if Customer originally signed up for a 1-year, 2-year term, unless MS SUPPORT terminates the subscription or Customer notifies MS SUPPORT of his or her decision to terminate the subscription.
For month-to-month renewal plans, MS SUPPORT will send prior notice of renewal at least a week before the initial renewal, but will not send such notice thereafter; rather, MS SUPPORT will thereafter charge Customer’s card each month in advance and send Customer a monthly receipt thereafter. For annual renewal plans, MS SUPPORT DESK will notify Customer of the pending subscription renewal at least 30 days prior to the date the subscription is scheduled to renew, except as otherwise required by law, and will charge Customer’s the annual fee as of the renewal date (i.e., the annual renewal plan is charged on a monthly basis if agreed by the customer). MS SUPPORT 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 MS SUPPORT DESK 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.
2. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
MS SUPPORT DESK may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, MS SUPPORT DESK will notify you by posting the changes to the site from which you purchased the Services. MS SUPPORT reserves the right to modify or discontinue the Service with or without notice to Customer. MSD shall not be liable to Customer or any third party should MSD 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.
4. LIMITATIONS TO SERVICE
MS SUPPORT DESK shall not be liable for any failure or delay in performance due to any cause beyond its control. MS SUPPORT 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 MS SUPPORT DESK.
5. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to MS SUPORT’s servicing any Customer equipment it is Customer’s responsibility to (1) 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; and (2) 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 MS SUPPORT and/or its third party service provider, neither MS SUPPORT 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.
Customer agrees to indemnify, defend, and hold harmless MS SUPPORT DESK (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 MS SUPORT by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due MS SUPPORT DESK or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
7. Refund Policy
For subscription based plans, a full refund will be issued if D A Techno Solutions has not been able to resolve
even a single issue for you within the first 7 days of the subscription. If there are one or more resolved issues, the fees for the Subscription Service will not be
refundable. Notwithstanding this M S Support may, at its sole discretion and on a case by case basis,
agree to a refund of Subscription fees after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are
•You have all the prerequisites which were required to resolve the problem.
•Issue was not resolved until the time account was active.
•7 days have not passed after the issue was last worked upon by a M S Support technician.
8. DISCLAIMER OF WARRANTIES
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. MS SUPPORT DESK 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. MS SUPPORT 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 MS SUPPORT 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 THOSE RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MS SUPPORT 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.
9. LIMITATION OF LIABILITY
Ms support 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 MS Support desk 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 Ms Support shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Ms Support shall not be liable in any way for damages arising from any, software or other product supplied to Customer by Ms Support Desk. Notwithstanding any language to the contrary, MS SUPPORT DESK’s maximum liability to Customer arising from or related to MS SUPPORT under this Agreement shall be limited to the sums paid by Customer to MS SUPPORT under this Agreement during the three months prior to the time the cause of action arose.