The following Terms and Conditions (the “Terms” or “Agreement”) constitute a legal and enforceable contract between you (referred to herein as “you” or “your”) and HelpDeskWiz (referred to herein as “HelpDeskWiz”, “HDW”, “we”, “our”, or “us”) for the provision of technical support services (the “Services”) you requested on the HDW website or purchased through a vendor. The policy and materials specifically referred to in the terms are incorporated into the terms by reference. Before you click on the “I ACCEPT” or “AGREE” button, or otherwise indicate assent for continuing to use the services, please read the Terms below carefully. These Terms state important requirements regarding your use of HDW’s website and HDW’s computer support service, and define your relationship with HDW. You should read them carefully as they contain important information and instructions such as the duration of the relationship, fees for early termination, HDW’s rights to change the conditions of the Terms, limitations of liability and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your service plans with HDW, including any existing plans. Your acceptance of these Terms & Conditions will be implied by the use of the HDW website and services.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.
YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.
If you do not agree to the terms, then HDW cannot provide any services to you. In this case you should:
The right to a refund for a “per incident plan” with expire within thirty (30) calendar days (the “Redemption Period”) from the date of purchase of the per incident plan. If HDW has not provided the single incident service you request, HDW will refund you the money you paid for the Services, (minus shipping, handling, and any applicable taxes, except in certain states and countries where shipping, handling, and taxes are refundable). Your request for a refund must be received by HDW or its customer service representatives during the 30 days redemption period, at the contact details in Section 8 of these Terms.
If you have purchase subscription Services, you may cancel such subscription Services within five (5) days from the date of purchase of the Services, but only if you have not availed yourself of any of the Services on your computer or other device. HDW will refund you the money you paid for the Services, (minus shipping, handling, and any applicable taxes, except in certain states and countries where shipping, handling, and taxes are refundable). If you.
Note: some states and jurisdictions do not allow for the limitation of refund rights as described in this clause, so this clause may not apply to you. This clause does not affect any other applicable refund rights.
By clicking on the “I Accept” or “I Agree” button, or by your use of the Services, you are deemed to have accepted and consented to be bound by the terms.
Software, Materials, Services and other related information are collectively referred to as "Content." "You" or "you"
"You" means you individually, or any person, natural or legal, on whose behalf you are acting.
"HDW Certified Technicians” are technicians and specialists certified by HDW to perform the Services under this Agreement.
“Incident” refers to a single, discrete technical problem with your personal computer or other device, whether caused by hardware or software failure, user error, or any other reason. "Per-Incident-Services”
"Per Incident Plans" or “Incident Plans” or “Single Incident Service” are non-tenured service provided to you by HDW with the sole objective of resolving a single Incident. "Subscription-Based-Services"
"Subscription Based Services" or "Subscription Services" are tenured Subscription plans offered by HDW that are active for a specified period and will not include any Incident based plans such as "Per Incident Plan" or the like.
"Materials" means any web casts, downloads, white papers, press releases, datasheets, FAQ’s, product information, quick reference guides, or other works of any kind that are made available to download from the HDW Websites are the proprietary and copyrighted work of HDW and/or its suppliers. The definition of materials" does not include the design or layout of the HDW Websites or any other HDW owned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by HDW 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. Software includes both HDW Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other HDW Terms and Conditions terms and conditions that apply.
3.1 Service Overview
Services are either Per-Incident-Services that are available on a single Incident basis, for a fee; or Subscription-Based- Services, which entitle you to the resolution of multiple Incidents over a period of time. HDW shall provide the Services as set forth in the Terms and Conditions. HDW’s service representative, at its discretion, will attempt to provide Services to you over the telephone, through a live chat session on your personal computer, remotely over the internet, or by email or in person. HDW continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, HDW may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which HDW has already expressly agreed to provide to you.
3.2 Support Software Tool and Remote Access
During the Services session, HDW may (i) Ask you to install certain support software (the “Support Software Tool”) on your personal computer by downloading the support software from the Site and/or (ii) Ask for your permission to use the Support Software Tool to allow a HDW service representative to remotely access and take control of your personal computer; and/or (iii) Gather system data and modify computer settings in order to diagnose or repair a problem; and/or (iv) Utilize certain third party support software on your personal computer, which will be removed upon the completion of the Services session.
The support software (including any third party support software) and remote assist tool are owned by HDW or applicable third party licensors and suppliers and may be collectively referred to as the “Support Software Tool” in the Terms and Conditions. The Support Software Tool will be used to analyze, diagnose, and resolve more difficult problems and/or provide system optimization functions. By purchasing the Services, you agree to allow HDW to use whatever Support Software Tools are deemed necessary to repair your personal computer, including remote access. To receive the Services, a high speed internet connection is required.
If remote access is used on your computer, no residual software will remain on your computer after the remote session. You have the ability to disconnect the remote access anytime during the remote access session. At the end of the remote access session there may be a text or an xml or a flash file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting HDW for further assistance in the future. If such a file is placed on your computer, you have the option to either save the file or to delete it from your computer.
HDW may, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to HDW to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to you in the future. You also grant HDW permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
3.3 Description of Services
Subject to these Terms and Conditions, HDW, through its service representatives, may provide any or all of the following Services:
HDW will make every commercially reasonable effort to troubleshoot or fix your personal computer problem. If HDW is unable to resolve your Incident, you will NOT be liable for charges for time spent by HDW’s service representative in an attempt to correct a problem unless specified otherwise.
In the course of providing the Services, HDW may determine that the issue is beyond the scope of the services. HDW may use commercially reasonable efforts to refer you to the appropriate alternative resource; however, HDW will not transfer you directly to an alternate resource. To the extent permitted by applicable law, HDW reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.
3.4 Service Availability
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by HDW) at the time that you purchase the Subscription Service. If HDW determines that your computer is infected by a virus, HDW may require that you purchase a Service to clean your computer prior to obtaining Subscription Services. HDW reserves the right to terminate your Subscription Service, upon notice, if HDW determines, in its sole business judgment, that your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) unreasonably, (d) by any person other than you, or (e) for any computer system other than a registered system. In the event that your Subscription Service is terminated by HDW, HDW will refund to you a pro rata portion of any fees that you have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level you purchased. Please refer to the HDW Website for information about those restrictions.
4.1 Basic Responsibilities
You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. By electing to receive the Services, you confirm that you (a) have full access to your hardware and any software that is or may be the cause of the Incident, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to HDW must be accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to HDW. You further represent that you authorize HDW to bill the credit card that you provide to HDW, for any charges to which you consent.
4.2 Liability Release
To the extent permitted by applicable law, HDW will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by HDW and/or its representatives. If HDW works with you on any password or other access control oriented problems, HDW strongly recommends that you reset such passwords(s) immediately following the completion of the Services.
The Subscription-Based-Services may be transferred once during the subscription period from one computer to another, provided it is owned by you. You may not resell the Services, in whole or in part. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
4.4 Data Backup
HDW does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively "customer data") and software stored on your computer and storage media before ordering the services. You acknowledge and agree that HDW or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. HDW does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
The Per-Incident-Services shall be provided for on a one time basis. This means that the Service will address a single Incident for a customer on your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem. The Services may not successfully resolve the Incident, because the problem may be beyond HDW’s ability to resolve remotely.
If HDW are not able to answer your question or resolve your technology problem and you have complied with all of your obligations in these Terms, HDW will not charge you a fee for the One Time Service. If you experience a problem with the resolution we provided and you call HDW within seven (7) days from the day you originally received the Single Incident Service, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Individual Service. As set forth below, there are no other warranties for the Services.
5.2 Subscription Services
For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Services that specifically provides otherwise, a one-time set up fee applies to all Subscription Services.
5.3 Exclusion from Services
"Services" shall not include the following:
For any of the subscription plans a full refund will be issued if HelpDeskWiz has not been able to resolve even a single issue for you within the first 30 days of the subscription. If there are one or more issues resolved within first 30 days, the fees for the Subscription Service will not be refundable. However, after 30 days of purchase of Plan, no refund shall be made by HelpDeskWiz. Notwithstanding HelpDeskWiz 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. Refund amount shall be directly credited to the credit card, the details of which are registered with HelpDeskWiz.. On the specific request of the subscriber HelpDeskWiz may process the refund in some other account subject to submission of such documents/information as may be asked by HelpDeskWiz for the said purpose.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
5.4 Refunds.5.5 Payment for the Services.
The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.
For purchases of the Services made by you from HDW through the Site:
5.6 Credit Card Billing
You may be asked to provide HDW with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize HDW 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 HDW and/or any other company who bills products or services, or acts as billing agent for HDW 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 HDW with updated credit card information upon HDW’S request and at any time the information you previously provided is no longer valid. You acknowledge and agree that neither HDW nor any HDW affiliated company will have any liability whatsoever for any chargeback’s, insufficient 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. When payment is made by creditcard or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
5.7 Renewal Policy
A subscription under the 1, 2, or 3-year Annual Maintenance Plan ends at the end of the applicable period and may be renewed by the customer upon contacting HDW with notice and approval of renewal. Monthly subscription will auto renew at the order anniversary date every month until cancelled by calling customer service. You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, all payments fees shall be made in advance apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan. The fee (including Activation Fee) can be refunded as per the provisions of Refund specified herein. All fee under this clause or a relevant Plan, is payable at the time of commencement of the Plan.
You agree and acknowledge that your Subscription under the Plan will automatically renew for the same period as mentioned in your Plan, unless notified otherwise by You (“Auto Renewal”). Your credit card, which was used in paying for the original Plan or any other purchase from us will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with HelpDeskWiz. If you would like to opt out of the Auto Renewal, please call us at 1-866-486-3191 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at email@example.com
5.8 Fair Usage Policy & Termination
Though HDW has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to HDW’S "fair use" policy. Under this policy, if at any time, in HDW’S sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then HDW reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, HDW reserves the right to suspend or terminate any Subscription Services of any Subscriber that HDW, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to HDW; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
7.1. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services, Materials and Software are solely for your personal and noncommercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
7.2 Unlawful or Prohibited Use
7.3 General Usage Restrictions
Any other use of the HDW Website’s Services, Materials or Software, other than as explicitly permitted by HDW is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to HDW and its suppliers Reverse engineering and recompilation of the Software is strictly prohibited.
8.1 Disclaimer of Warranty
To the extent permitted by applicable law, HDW expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or no infringement. To the extent permitted by applicable law, HDW makes no warranties that:
Any support software tool, materials and/or data downloaded or otherwise obtained by you through the use of the services is at your own discretion and risk. The support software tool is provided “as is,” exclusive of any warranty and provided in accordance with the support software tool usage agreement. HDW does not warrant third party products.
8.2 Limitation of Liability.
Some states and jurisdictions including member countries of the European Economic Area, do not allow for the limitation or exclusion of liability for incidental or consequential damages so the below limitation or exclusion may not apply to you. To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no e vent will HDW be liable to you for any special, consequential, indirect or similar damages, including any lost profits or Lost data arising out of the provision of services even if HDW has been advised of the possibility of such damages. In no case shall HDW’s liability exceed the greater of the price you paid for the Services or fifty dollars ($50.00) or equivalent amount in the applicable Currency.
8.3 Limitation of Actions
Any cause of action by you must be commenced within three months after the cause of action arose or it shall be forever waived and barred.
8.5 Proprietary Rights.
HDW or its licensors or suppliers retain ownership of all proprietary rights in the Services, the HDW website(s), the Support Software Tool, and all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of HDW’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Services.
8.6 Force Majeure.
HDW shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond HDW's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, a large scale outbreak of a new computer virus, fuel, energy, labor or materials. You hereby release HDW from any and all liability, and agree that HDW shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
HDW 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.
8.7 Export Regulation.
You acknowledge that the Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which is an export license or other governmental approval required. All HDW products are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You here by agree that you will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
8.8 Severability; Waiver
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. HDW’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.
HDW reserves the right to amend the Terms and Condition, and the HDW Website(s) at any time
(a) Posting a revised version of the Terms and Conditions on the HDW Website(s), or by
(b) Sending information regarding any amendment to the Terms of Service to the email address you provide to HDW in connection with registration.
You are responsible for regularly reviewing the HDW website(s) to be notified of any amendments to the Terms and Conditions.
9.1 Third Party Products
As part of the Services, HDW may suggest that you acquire, install and use certain third party software or services ("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 HDW assists you in the acquisition, installation, and/or use of Third Party Software. HDW has no responsibility or 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. 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 representation or 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.
9.2 Third Party Services
As part of the Services, HDW 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 HDW may elect to make available from time to time. Violation of such third party provider's terms of service may, in HDW’S sole discretion, result in the termination of your customer account and use of service.
The Terms will be governed by the laws of the State of Connecticut, in the United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction. The Terms are the entire agreement between you and HDW relating to the Services and:
(i) Supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and
(ii) Prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon your breach of any term contained herein and you shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination.