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Windows Assist Services Terms & Conditions

Terms of Service
 

These Terms of Service for Windows Assist Services.(this "Agreement") is a legal agreement between you (either an individual or an entity that you are representing, hereinafter "you") and Windows Assist Services and its suppliers and licensors (collectively Windows Assist Services") for the Windows Assist Services Services ("Services"). By using for or purchasing the services or by accepting this agreement you acknowledge that you have read this agreement, that you understand it, that you agree and accept the terms as presented herein. If you do not agree to these terms and conditions, do not apply for, accept, use or purchase the services. The Services include new products, product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, account with Windows Assist Services.The services are for a limited Time only, failure to use the services within the subscription period shall not grounds for a REFUND of ANY FEES PAID

Definitions

Terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

"Content"

Software, Materials, Services and other related information are collectively referred to as "Content."

"You" or "you"

"You" means you individually, any person, including any employer that you are acting on behalf of

"Services"

means Windows Assist Services’s Support Services, which are Windows Assist Services’s chat and phone based computer optimization and cleaning services as set forth on the Windows Assist Services web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and Windows Assist Services may discontinue or modify the Services in its sole discretion.

"Software" means any software used by Windows Assist Services in connection with the Services.

"Subscription Period"

means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after one year or the period specified in the chosen package.

General

Technical Support Services are provided only via phone, Internet chat and tech desktop sharing. Services are provided upon Subscriber's contacting Windows Assist Services support as explained on the Windows Assist Services Subscriber authorizes Windows Assist Services to configure its computers and delete the files that Windows Assist Services deems unnecessary to a computer's operation. Subscriber gives Windows Assist Services express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber gives Windows Assist Services express permission to install, configure, and use such software on Subscriber's computers.

Access

To provide the Services, Windows Assist Services must access a computer or network receiving the Services over the Internet. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. Subscriber is solely responsible for providing an Internet connection and access to its computers. Subscriber must assist Windows Assist Services in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the Windows Assist Services representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the Windows Assist Services representative’s sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide Windows Assist Services with correct and accurate information.

Credit Card Billing

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Windows Assist Services to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Windows Assist Services and/or any other company who bills products or services, or acts as billing agent for Windows Assist Services to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Windows Assist Services with updated credit card information upon Windows Assist Services’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Windows Assist Services nor any Windows Assist Services affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Windows Assist Services’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.

REFUND POLICY

For subscription plans, a full refund will be issued if Windows Assist Services has not been able to resolve even a single issue for your computer within the first 30 days of the signing up to Windows Assist Services subscription.

If our technical support has resolved one or more issues, the fees charged for subscription service will not be refunded. Its sole discretion of Windows Assist Services and on a case by case basis, refund can be issued of the charged fees after deducting charges for services provided to customer.

For incident plans, you will be eligible for refund when any of the following criterions are met:

• The issue is out of scope for the particular plan

• 30 days have not passed after the issue was last worked upon by an Windows Assist Services technician

We don’t store credit card information for any customer and we would not do any charging without your explicit consent. You can move from a monthly/annual plan to an incident based plan, and we would be able to accommodate your amount for any such move at the terms and conditions suggested to you by your account manager at that time.

Limitations

The Services are subject to change without notice. The Services do not cover restoration services, repair services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. Windows Assist Services does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and file

Term and Termination

For subscription-based Services, this Agreement shall be effective for one year from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the Windows Assist Services representative terminates. In addition, Windows Assist Services may cancel the Services at any time if Windows Assist Services, in its discretion, determines that Subscriber’s use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.

Notice of the natural expiration of this Agreement may not be provided, and Windows Assist Services is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the Windows Assist Services website. Any breach of this Agreement shall immediately terminate Subscriber’s subscription to the Services and/or may limit Subscriber’s access to the Services. No refunds shall be provided upon termination of the Agreement.

Disclaimer

ANY SOFTWARE IS PROVIDED TO SUBSCRIBER "AS IS" BY Windows Assist Services, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER'S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. Windows Assist Services DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Windows Assist Services DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. Windows Assist Services DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.

Limitation of Liability.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, Windows Assist Services AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (C) ANY VOIDANCE OF A WARRANTY ON THIRD PARTY PRODUCT OR SERVICE RESULTING FROM USE OF THE SERVICES (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER, OR (F) ANY USE OF ON SITE SERVICES BUNDLED WITH THE SERVICES. Windows Assist Services IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF Windows Assist Services, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL Windows Assist Services TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO Windows Assist Services FOR THE SERVICES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

Force Majeure.

Windows Assist Services is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. Windows Assist Services is not liable for any failure or delay caused by problems with Internet connections.

Governing Law; Venue.

Subscriber and Windows Assist Services agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the United States of America.

Entire Agreement.

This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. Windows Assist Services may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. Windows Assist Services may impose limits on certain features of the Services at any time. Windows Assist Services may amend this Agreement at any time by posting a copy of the amended Agreement on the Windows Assist Services website. Such amendments may be made in Windows Assist Services’s sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.

Windows Assist Services is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the Windows Assist Services website of a general informational nature.

General Information

This version of the Terms is effective as of January 2011. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Windows Assist Services and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Windows Assist Services. The failure of Windows Assist Services to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Windows Assist Services express written consent. The Terms inure to the benefit of Windows Assist Services successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 
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