ZOOMSUPPORT END USER LICENSE AGREEMENT
Effective date: 05.16.2018
This End User License Agreement (hereinafter "Agreement") is a legal agreement between you (either an individual or a legal entity) and Kromtech Alliance Corp., with its principal office at Sea Meadow House, Blackburne Highway, P.O. Box 116, Road Town, Tortola, British Virgin Islands (or BVI) (hereinafter "Kromtech" or "Company") for the use of ZoomSupport Remote Assistance Service (hereinafter “Remote Assistance”).
This Remote Assistance Terms of Service (hereinafter "Service Terms") is provided to you ("Customer") in connection with the subscription license that Customer has purchased.
DESCRIPTION OF SERVICE
Having purchased the Service, Customer shall be entitled to receive the following services via remote phone support (e.g., over the phone and via the Customer's computer with a Support Agent logged into the Customer's computer):
- Laptop technical support;
- Desktop optimization;
- PC technical support;
- iMac technical support;
- iPad technical support;
- iPhone technical support;
- Hardware Setup;
- Time Machine, iTunes, iCloud support;
- Mac Advanced Application support etc.
This service is based on a per-customer concept and is limited to the computer system(s) registered under the purchased subscription.
- Basic - this subscription plan includes one-time fix and covers one Customer’s computer.
- Standard - this plan includes one-time fix and covers one Customer’s computer and all devices.
- Premium - this plan includes one-time fix and covers up to three Customer’s computers and all devices.
Please note that these subscription plans will be prolonged automatically on a monthly basis after the end of each subscription period. You can cancel your subscription any time.
- 6-month plan - this is a six-month subscription plan, which covers three Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
- 12-month plan - this is a year subscription plan, which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
- 24-month plan - this is a two-year subscription plan, which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones).
Please note that these subscription plans will be prolonged automatically after the end of each subscription period. You can cancel your subscription any time.
- 36-month plan - this is the a three-year plan which covers from three to five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones, Apple Watch).
- 60-month plan - this is a five-year plan which covers five Customer’s computers and all devices (iPad & Tablets, iPhone & Smartphones, Apple Watch).
These plans will end after subscription period expires and will not include any automatic prolongation charges.
You may be qualified for a discount given out by our Customer Support Agent.
You shall not, and you shall not cause or allow any third party to lease, lend, loan, use for timesharing, sell, resell, charge for, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to a subscription plan without our prior written consent, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
MODIFICATION TO TERMS OF SERVICE AND SERVICE
Kromtech reserves the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on our website. We have no obligation to provide direct notice of any such changes. We have the right to define eligibility criteria for the Services, and make changes to those criteria at any time. If we modify or update these Terms of Service and/or Services, you have affirmatively agreed to such changes by continuing to use the Services. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service.
THIRD PARTY SOFTWARE
MINIMUM TECHNICAL AND SYSTEM REQUIREMENTS
In order for Kromtech to provide proper servicing there are certain minimum technical and system requirements which Customer must have:
- Windows 7;
- 2GB RAM;
- Dual Core processors.
- MacOS 10.7 Lion or higher.
Hardware setup requirements:
- Original Install disc.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Remote Assistance 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.
2. Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer's product.
3. Customer agrees that whether or not Customer requests back-up services from Kromtech and/or its third party service provider, neither Remote Assistance 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.
Kromtech values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with our products and services and may require a refund, please get acquainted with our refund policy.
Please note that purchasing a subscription license confirms Customers’ awareness of the features and functionality of the service, as they should have already examined EULA, information and description about the service set forth in this agreement and on the official website.
Refunds are given in case of problems directly related to the quality of our service.
Refund Terms and Conditions:
- The contract can be revoked with a guarantee of a full refund within 14 days.
- After 14 days, but within 6 months from the date of purchase, the customer can receive a refund in the amount that corresponds to the difference between the price of the subscription plan and the price of a 1 (One) Time Fix service ($199).
- If the service is used more than 6 months, it becomes non-refundable.
- A refund request can be claimed only during the subscription period.
Before requesting a refund, the customer must inform our Remote Assistance department of any issues that may arise in relation to our service.
Our Support department agents are obliged to take all possible actions within their competence to fix the problem. If they confirm that the problem cannot be fixed, the refund will be given. The company is not responsible for any independent actions taken by the customer or help from third-party companies.
To apply for a refund, one needs to send the request to email@example.com or to contact the support team at:
United States 1-800-787-8041
United Kingdom 0-800-014-8978
After receiving the refund request the support agents may need from 1 to 5 days to process the received materials and provide the qualified reply.
If a refund can not be provided due to the terms and conditions set forth herein, the customer will be notified about the denial via email or phone as soon as possible.
Once the refund is completed, further usage of the service becomes illegal.
The average time of the refund procedure is 5-7 days (the amount of time needed by the bank to process the payment). In case there is a doubled charge due to circumstances beyond the customer’s control, the Company is obliged to give the refund upon the first customer’s request. All processing fees are non-refundable.
The logics of the Refund Policy also applies to refunding a subscription plan purchased with any type of discount.
LIMITATIONS TO SERVICE
Kromtech shall not be liable for any failure or delay in performance due to any cause beyond its control. Kromtech 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 Kromtech.
Kromtech shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Kromtech’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Kromtech relating to Remote Assistance and supersedes all prior oral or written communications and representation with respect to Remote Assistance or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
Customer agrees to indemnify, defend, and hold harmless Kromtech (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 Kromtech by reason of, or arising from the following:
- Customer's breach of this Agreement;
- Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;
- Customer's actual or alleged failure to promptly pay sums due "Kromtech" or third parties;
- Customer's failure to comply with applicable laws, regulations or ordinances;
- The acts or omissions of Customer (or its officers, directors, employees or agents).
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. KROMTECH 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. KROMTECH 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 “REMOTE ASSISTANCE" 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 THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM KROMTECH 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.
LIMITATION OF LIABILITY
KROMTECH 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 KROMTECH 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. KROMTECH UNDER ANY CIRCUMSTANCES SHALL NOT BE LIABLE FOR ANY MATERIAL OR FINANCIAL LOSS CAUSED BY CUSTOMER’S INTERRUPTION OF THE FIXING PROCESS (e.g. turning off the computer during the fixing session) AND/OR PHYSICAL BREACH OF THE DEVICE DURING THE FIXING SESSION.
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 Kromtech in relation to Remote Assistance shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Kromtech in relation to Remote Assistance shall not be liable in any way for damages arising from any service or software or other product supplied to Customer by Kromtech. Notwithstanding any language to the contrary, Kromtech's maximum liability to Customer arising from or related to Kromtech under this Agreement shall be limited to the sums paid by Customer to Kromtech under this Agreement during the three months prior to the time the cause of action arose.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of United Kingdom, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes, differences or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.
For all purposes of this License, each of Kromtech's third-party licensors of Remote Assistance shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
QUESTIONS OR COMMENTS
Should you have any questions or comments regarding this License or the limited warranty, you may contact Kromtech Alliance Corp. in writing at Sea Meadow House, Blackburne Highway, P.O. Box 116, Road Town, Tortola, British Virgin Islands (or BVI) or via email.