ZOOMSUPPORT END USER LICENSE AGREEMENT
This End User License Agreement (hereinafter "Agreement") is a legal agreement between you (either an individual or a legal entity) and ZoomSupport Limited (hereinafter "ZoomSupport"), with its principal office at Corner Hutson & Eyre Street, Blake Building, Suite 302, Belize City, Belize for the use of 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 ZoomSupport 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.
MODIFICATION TO TERMS OF SERVICE AND SERVICE
ZoomSupport may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, ZoomSupport will notify Customer by posting the changes to the site from which you purchased the Services. ZoomSupport reserves the right to modify or discontinue the Service with or without notice to Customer. ZoomSupport shall not be liable to Customer or any third party should ZoomSupport exercise its right to modify or discontinue the Service. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
THIRD PARTY SOFTWARE
MINIMUM TECHNICAL AND SYSTEM REQUIREMENTS
In order for ZoomSupport 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 ZoomSupport 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.
ZoomSupport 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 only in case of problems directly related to the quality of our service. If there are direct proofs of issues with our service, for example, error messages or screenshots, and these issues can not be resolved by our Agents, the customer has the right to receive a refund. Refunds are not given in case of general computer problems not related to our service.
In case our service has become a reason of a technical breach of your device, and there is enough evidence and proof on this matter, Company may consider giving you a refund for the inflicted damage. After receiving a refund request concerning a technical infringement our Agents require from 1 to 3 business days to give an initial response. After receiving all the relevant evidence and proofs our Agents require from 1 to 10 days to process the received material and give a qualified response.
Refund Terms and Conditions:
The contract can be revoked with a guarantee of a full refund within 3 days. After 3 days, but within 6 months from the date of purchase, you 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 (except the 1Time fix service), you can get a refund, that corresponds to a pro-rated amount based upon the number of months of the purchased subscription and the number of months remaining.
The contract can be revoked with a guarantee of a full refund within 3 days. After 3 days, but within 6 months from the date of purchase, you 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 Time Fix service ($199).
If the service is used more than 6 months, you can get a refund, that corresponds to the amount paid, less $29 per month for the time that the plan was in effect.
If a request for a refund was made during but not exceeding the first 14 (fourteen) full days of the month of request Company grants you with a refund for the unused part of the service including the month of request.
If a request for a refund was made after the first 14 (fourteen) full days of the month of request Company grants you with a partial refund for the unused part of the service not including the month of request.
The calculation of the amount of money needed for a refund is executed by our Remote Assistance department based on a specific algorithm that can be clarified with our Agents.
Before requesting a refund, the customer must inform our Remote Assistance department of any issues that may arise in relation to our service. Refunds are given ONLY in case of contacting our Agents by phone or sending a request in a written form via email. The email address where the request should be sent - firstname.lastname@example.org.
Our Support department agents are obliged to do their best to fix the problem. If they confirm that the problem cannot be fixed, a refund will be given. The company is not responsible for any independent actions taken by the customer or help from any third parties.
After submitting, the refund request will be reviewed and processed, unless a refund can not be provided due to the terms and conditions set forth herein. In this case the customer will be notified about the denial via email or phone as soon as possible.
Remote Assistance provides Customer with technical support via phone or email, therefore the refund can NOT be given, if a Customer does not follow or follows incorrectly all the instructions provided by the Remote Assistance Agent. Once the refund is completed, further usage of the service becomes illegal. The average time of the refund procedure is 7-10 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.
LIMITATIONS TO SERVICE
The ZoomSupport shall not be liable for any failure or delay in performance due to any cause beyond its control. ZoomSupport 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 ZoomSupport.
ZoomSupport shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ZoomSupport’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 ZoomSupport 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 ZoomSupport (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 ZoomSupport 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 "ZoomSupport " 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. “ZOOMSUPPORT" 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. “ZOOMSUPPORT" 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 “ZOOMSUPPORT” 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 LABILITY
“ZoomSupport" 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 “ZOOMSUPPORT" 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. “ZoomSupport” 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 ZoomSupport in relation to Remote Assistance shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. ZoomSupport 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 ZoomSupport. Notwithstanding any language to the contrary, ZoomSupport's maximum liability to Customer arising from or related to ZoomSupport under this Agreement shall be limited to the sums paid by Customer to ZoomSupport 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 ZoomSupport'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 ZoomSupport Limited in writing at Corner Hutson & Eyre Street, Blake Building, Suite 302, Belize City, Belize or via email.