Acceptance Of This Agreement
Your access to and use of this website (www.supportnex.com) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes to Website, Software, and Services
SupportNex reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SupportNex shall not be liable to you for any such change or removal.
- change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this Website at any time without notice and you confirm that SupportNex shall not be liable for any such change or removal.
- change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that SupportNex shall not be liable for any such change or removal.
- change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Website's
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to ' SupportNex ' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
SupportNex and the SupportNex Logo are trade marks which belong to SupportNex and they may not be used, copied or reproduced in any way without written consent from SupportNex.com.
For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or remittable) and registrations of and applications to register any of them.
Limitation Of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, SupportNex will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
SupportNex makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of SupportNex for death or personal injury as a result of the negligence of SupportNex or that of its employees or agents.
You agree to indemnify and hold SupportNex and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against SupportNex arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
TERM AND TERMINATION
- Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth and shall continue until terminated by either party as permitted by this Agreement. Billing for your Remote Support Service shall apply on an 'as used' basis.
- Termination of Service:
- If you are client, either you or SupportNex may terminate this Agreement without cause by giving notice to the other party. Termination by you shall be effective upon your notice to SupportNex. Activation or set-up fees paid at the initiation of your service, if any, shall not be refundable. Termination by SupportNex shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by SupportNex for any reason, you shall be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You acknowledge that any Software that you may install as part of the Service may cease to operate, update or function properly after termination of any subscription.
- Termination and/or Suspension by SupportNex. If, in the sole discretion of SupportNex: (a) you are in breach of any of the terms of this Agreement or any Third Party Licensor agreement (including but not limited to, all SupportNex and its Third Party Licensors' policies regarding abuse and acceptable use of the Service and the Software and all end user license agreements); (b) your use of the Service or the Software is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service or the Software, SupportNex network or a Third Party Licensors' network, or the use and enjoyment of other users; (c) SupportNex receives an order from a court to terminate your Service; (d) SupportNex for any reason ceases to offer the Service or the Software; or (e) you are no longer a SupportNex customer, then SupportNex at its sole election may terminate or suspend your Service immediately without notice.
- Terminated Account. SupportNex, in its sole discretion, shall have the right refuse to accept your request for Service, renewal or re-subscription following a termination or suspension of your use of the Service at any time.
PRICING AND PAYMENT
- Pricing and Fees. SupportNex fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the SupportNex.com Website unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any applicable taxes and other charges, including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, shall be included in your first bill. Monthly recurring charges (subscription plans) shall be billed one month in advance; usage charges, if applicable, shall be billed in arrears, and pre-purchase plans shall be billed in advance, if applicable. SupportNex or its agent shall bill you directly, or charge your credit card, as you request and as approved by SupportNex. SupportNex accept all debit cards or Credit cards for payment of any charges or fees.
- Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time if your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires or you fail to provide us with a new credit card expiration date when the existing one expires.
- You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with all requirements of that Service.
- Service Without Resolution. SupportNex shall use commercially reasonable efforts to troubleshoot, analyze, assess, correct or otherwise fix your computer, network or personal technology problem. If SupportNex is unable to resolve your technology problem, you will get your money refunded.
- Unable to Create Online Connection. SupportNex will not charge you if SupportNex cannot connect with your computer in an attempt to provide remote computer support service.
- All SupportNex subscription services require a minimum commitment as indicated on the SupportNex Website under Pricing. Once the minimum commitment is met, SupportNex subscription services shall automatically renew on a monthly basis until SupportNex is notified, via phone or email, of subscriber's request to cancel service. Help sessions do not accrue. Each SupportNex subscription shall be used by you only on one personal computer and such each subscription shall not be transferred by you to any other personal computer or party.
- SupportNex support sessions may have a time limit as indicated in the product description and/or on the receipt. Support beyond this time limit may incur additional charges or fees if you choose to continue.
Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Georgia whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Georgia
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
SupportNex reserves the right to add, delete, or modify any provision this Agreement at any time without notice.