THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE’S IMPORTANT REQUIREMENTS REGARDING YOUR USE OF 123hp-com’s COMPUTER SUPPORT SERVICE AND 123hp-com YOUR RELATIONSHIP WITH 123hp-com. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE 123hp-com SERVICE.
“123hp-com ? is service Mark of “123hp-com”.
“You” means Individual, any person, including any employer that you are acting on behalf of.
“SERVICES” AND “123hp-com site”
All references to “Services” refer to any 123hp-com service plan that you enter with the site through use of the website located at www.123hp-com.com. These Terms and Conditions govern all plans available through the site, and any use of the site in the event of any conflict, these Terms and conditions control any plan order form that you submit requesting services (“Service Plan”).
123hp-com Certified Technician/(S)
“IE TECHIE‘S certified technician means” technicians and specialists certified by the website to perform the services under this agreement technicians do not necessarily hold any certifications from any third party unless Expressly Specified.
SERVICE PLANS/ SUBSCRIPTION PLANS
All References to “Services or service plans” refer to any 123hp-com service delivered through the website Under the plan that you enter into the site through use of the website located at www.123hp-com.com (The “123hp-com site”) or by calling the Phone number mentioned on the website.
“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 site website said materials are the proprietary and Copyrighted work the website and/or Its suppliers. The Definition of “Materials” does not include the design or layout of the site or any other website owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by the site 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 through the site or by calling the website. Once the website accepts the plan order submitted by you, then you will receive an email from the site. At the Email address that you provide or have provided to the website as a part of the registration process for the services. The site is not responsible for rendering services in connection with any Plan order that has not accepted. Upon acceptance by the site of a Plan order, you will have a service plan.
Subject to the Terms and conditions, and the Specifics of each service plan, the site will address your query using commercially reasonable efforts in providing appropriate solutions under the services. In most cases, the site 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 the site‘s limited warranty, which is set forth below for more information, please refer to online documentation or call us at +1-800-237-0201. You agree to pay all services fee and any other applicable Fee/Charges as set out in the relevant Plan order in accordance with the Payment terms provided below.
Services against any plan order will be available once you have made payment for services according to the requirements of the corresponding plan order. All payments against the plan orders will be collected by the website. 123hp-com has no obligation to render services under any service plan if the payments as required under any plan order have not been made.
MONEY BACK POLICY
THE SITE?S services are delivered in a state of the art integrated delivery platform that allows us to support your computer. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows:
• For our subscription based plan the money back guarantee is valid for 30 days, beginning at the time of purchase. If there are one or more resolved issues, the fees for the subscription service will not be refundable, agree to a refund of subscription fees after deducting charges for servicing the customer.
• For our incidental (one time use) Plans, The money-back guarantee is valid for 7 days, beginning at the time of 1st incident.
• This money back policy does not apply for our trial offer.
SERVICE USE POLICY (SUP)
GUESTS: LIMITED LICENSE TO USE OF THE SITE WEBSITE
Services against any plan order will be available once you have made payment for services according to the requirements of the corresponding plan order. The website 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 website and materials (Defined Below) specifically designated as available to guests on the website for the limited purposes of (A) deciding whether to subscribe to the services provided by 123hp-com, (B) registering with the site and submitting plan orders only. The foregoing license grant is a non-exclusive revocable license.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified; the services materials and software are for your personal and non-commercial use in addressing matters covered by your service plan. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the website’s portal or any services, you will not use the materials, software or services for any purpose that is unlawful or prohibited by SERVICE USE POLICY (SUP) or the terms and conditions of which this SERVICE USE POLICY (SUP) is a part. You may not use the services, materials, or software in any manner that could damage, disable, overburden, or impair any website server, or the network(S) connected to any website server, or interfere with any other party’s use and enjoyment of any of the site’s portal, the materials, software or services. You may not attempt to gain unauthorized access to any website portal, the materials software or services, other accounts, computer systems or networks connected to any 123hp-com server or to any of the website portal, the materials, software or services, through hacking, password mining or any other means. You may not obtain or attempt to obtain website’s portal, the materials, software or services or information through any means other than that specifically permitted to you under a plan order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though the site’s 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 the “fair use” policy. Under this policy, if at any time, in the site’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, and then it reserves the right to suspend or terminate subscriber’s subscription services. In addition, the site reserves the right to suspend or terminate any subscription services of any subscriber that the website, in its sole discretion, determines are being used
• By any person other than subscriber, or
• For any computer system other than a registered system. User may terminate the service at any time by giving written or electronic notice to 123hp-com; provided, however, that user will not be entitled to a refund of any fees prepaid by user for the Service.
THE SITE 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 THE SITE‘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.
USE OF COMMUNICATION SERVICES
You agree to use the communication services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that when using the communication services, you will not:
- Use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allows such messages.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Harvest or otherwise collect information about others, including E-Mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading the site, or others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the materials or other user or usage information or any portion thereof.
the website has no obligation to monitor the communication services. However, the website reserves the right to review materials posted to the communication services and to remove any materials in its sole discretion. The website reserves the right to terminate your access to any or all of the communication services at any time, without notice, for any reason whatsoever.
123hp-com reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the website’s sole discretion.
Any materials uploaded to the communication services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
you may not create hyperlinks to any portion of the website, nor any materials or software posted therein.
LIMITED LICENSES TO USE THE WEBSITE, MATERIALS AND SOFTWARE
As permitted through a service, you may use materials and software (as defined below) posted on the website, 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 website, services, materials or software, other than as explicitly permitted by the site is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to 123hp-com and its suppliers. Reverse engineering and recompilation of the software is strictly prohibited.
In connection with obtaining services, you agree that you will:
- Cooperate with the website 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:
- The situation giving rise to the question is reproducible on a single system, that is one central processing unit with its workstations and other peripherals;
- you must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with the website’s support personnel.
Software/data backup: You understand and agree that the site shall under no circumstance be responsible for any lost or corrupted software or data. The website strongly recommends that you at all times maintain a complete data backup and disaster recovery plan
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 the website immediately of any unauthorized use of your account or any other breach of security. The website 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 the site or another party due to someone else using y 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 MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of the website‘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 website‘s ability to schedule a support session. you hereby release it from any and all liability, and agree that the website shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. The website 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:
- Any item or activity not covered by the terms of a plan order;
- Service beyond the duration limitations identified in your plan order;
- 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;
- Software, including the operating system and software added to the registered hardware products which are out of scope for the service plan;
- Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
- Problems caused by using accessories, parts, or components not compatible with the product or
Non-compliance with the website engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE WEBSITE, OR THROUGH A SERVICEM
For your convenience, the website 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 YOUR USE 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 WEB SITE MAY BE COPIED OR RETRANSMITTED UNLESS EXPRESSLY PERMITTED BY THE SITE.
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 that is owned by the website 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 THE SITE 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.
THIRD PARTY SOFTWARE
As part of the services, 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 the website directly assists you in the acquisition, installation, and/or use of third party software. The website 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 website’s software shall remain in full force and effect unless and until terminated by the website, 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 website software and immediately delete the 123hp-com 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, the website 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, website, training, music, gaming and storage services that the website may elect to make available from time to time. violation of such third party provider’s terms of service may, in the website‘s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY THE SITE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY 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 THE SITE TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE 123hp-com SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.
THE SITE 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. THE SITE 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. THE SITE 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 THE SITE 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 THE SITE be liable to you in excess of the amounts actually paid by you to the website under the plan order that is the subject of the dispute. Limitations on actions any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
THE SITE may, at its sole discretion, terminate or suspend your service immediately without notice if:
- 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;
- Your use of the service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service, our network, or the use and enjoyment of the website’s other users;
- The website receives an order from a court to terminate the service you are using;
- If the website for any reason ceases to offer the service;
- If you are no longer the website’s customer, or
the website determines that you are abusing the service 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 were 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. The websites 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. No offer the website is available internationally and may contain references to the products, services, and programs that are not available in a viewer’s country. These references do not imply that the website intends to make such products, services, or programs available in such country.
THE SITE reserves the right to amend the terms and condition, and the website at any time by (A) posting a revised version of the terms and conditions on our website, or by (B) sending information regarding any amendment to the terms of service to the email address you provide to THE SITE in connection with registration. You are responsible for regularly reviewing our website to be notified of any amendments to the terms and conditions. Your use of the website 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 India and the united states of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.