These Terms and Conditions state important requirements regarding Your use of 123hp Support’s computer support service and Your relationship with 123hp Support. You should read them carefully as they contain important information and instructions pertaining to Your and our rights and obligations for the 123hp Support Inc. service.
“123hp Support″ and “123hp Support.com.” 123hp Support can be located at “123hp Support.com,″ which is the service mark, website (“site”) and registration name of 123hp Support. All references to 123hp Support.com refer to 123hp Support.
“123hp Support TECHIE’s Certified Technician” or “Certified Technician” shall mean technicians and specialists certified by 123hp Support to perform the Services under this Agreement. Technicians do not necessarily hold any certifications from any third party unless expressly specified.
“Materials” shall mean 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 123hp Support website. All Materials are the proprietary and copyrighted work of 123hp Support and/or its suppliers or are available as licensed material through 123hp Support. Materials do not include the design or layout of the 123hp Support.com site or any other 123hp Support owned, operated, licensed or controlled site.
“Services” or “Service Plans” shall mean any service delivered through 123hp Support under the plan that You enter into through 123hp Support.com. These Terms and Conditions govern all Services available through the 123hp Support site, and any use of the 123hp Support site.
“Service Plan Order” shall mean the specific Service Plan selected by and paid for by You through 123hp Support.com.
“Software” means a computer program of any kind, whether owned by 123hp Support 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.
“You” means You, a subscriber, individually or any person or entity subscribing to Services herein, whether on behalf of Yourself or as authorized agent on behalf of a third party, including an employer.
ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions govern Your use of Services. By using the 123hp Support site or submitting a Plan Order, You accept and are agreeing to these Terms and Conditions.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
Services are placed by submitting a Service Plan Order through the 123hp Support site. You may begin online discussion and/or telephone consultations with 123hp Support’s Certified Technicians to assess technical support needs and to obtain assistance in identifying an appropriate Service Plan. The Certified Technicians and 123hp Support, however, shall not be responsible for diagnosing issues and selecting a Service Plan for You. You accept the burden of selecting an appropriate Service Plan based on information provided by the 123hp Support site and a Certified Technician. Service by 123hp Support commences at the time You place Your online Service Plan Order and it is accepted by 123hp Support. A Service Plan Order is accepted once 123hp Support reviews the Service Plan Order submitted by You and delivers a confirmation email delivered to the email address provided in the registration process for its Service Plan. 123hp Support is not responsible for rendering Services in connection with any Service Plan Order that is not accepted.
123hp Support will address respond in accordance with Your Service Plan Order using commercially reasonable efforts in providing appropriate solutions under the Service Plan selected by You. 123hp Support will attempt to diagnose problems and provide a solution over the telephone, through chat or email, or other means, including any Communication Service, as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to 123hp Support’s Refund Policy which is set forth below.
Some Service Plans are subscription plans for ongoing service, month after month, for the number of months selected by You in Your Service Plan Order. Subscription plans are available in three month or six month terms. Such subscriptions will continue month-to-month for the term selected by You unless You cancel Your subscription or 123hp Support terminates it. You may cancel Your subscription by calling 123hp Support at 1-888-288-5279at least three (3) business days prior to the beginning of the next month in which Your subscription is scheduled to continue. 123hp Support will bill the monthly service fee to the payment method provided by You on the first day of each month of Your subscription unless You call 123hp Support to cancel as set forth above. If a subscription Service Plan Order is placed on any day other than the first day of the month, the first and last partial months will be pro-rated and charged for a pro-rated month based on the date of the Service Plan Order, and the full monthly amount will be charged on the first day of each full month of the subscription. By selecting a subscription plan, You authorize 123hp Support to charge You a monthly subscription fee at the Service Plan Order rate selected by You.
PRICING, PAYMENT, AND CANCELLATIONS
Service Plan prices are as set forth on the 123hp Support site and include two “single-incident fix” options and two subscription options. If a payment is unsuccessfully settled due to expiration, insufficient funds, or otherwise, You remain responsible for any uncollected amounts.
You may cancel or modify a plan order so long as 123hp Support has not begun performance of the Services specified in the Service Plan Order and notice of cancellation or modification is received by 123hp Support in writing within three (3) business days after submission of the Service Plan Order to 123hp Support. You may cancel a subscription Service Plan Order as set forth in the preceding section titled “Subscription Plans.”
123hp Support guarantees Your satisfaction with all its Services; if You are not satisfied, please call us at 1-888-288-5279 within 48 hours of completion of the Services. Upon receipt of a complaint, 123hp Support will first attempt to provide additional service, at no additional cost to You, to provide a solution to the same issue for which a Service Plan Order was originally placed. If a Certified Technician is unable to provide a solution to such issue, 123hp Support will provide a refund as set forth below. Refunds are not available unless You first allow 123hp Support to provide a solution through one of its Certified Technicians after receipt of a complaint.
Customers purchasing a single-incident fix Service Plan from 123hp Support are only eligible for a refund if the issues reported at the time of placing the Service Plan Order were not fixed (refunds are not issued if new issues are identified that were not part of the Service Plan Order). The one-time fix is valid for 48 hours from the time the issue was attempted to be fixed by a Certified Technician. If the fix fails, You can report the issues to 123hp Support by calling us on 1-888-288-5279 within 48 hours of completion of the Services.
In cases where 123hp Support determines the issue can’t be resolved by additional Services as set forth above, a full refund will be processed, and the credit should appear in Your account within 5-10 business days after processing of refund request, according to the processing schedule of 123hp Support’s credit card networks and Your bank.
In addition to our single-incident fix, 123hp Support offers subscription Service Plans for 3 month and 6 month terms. 123hp Support offers refunds for any month’s payment on a subscription Service Plan to You if You have attempted to receive Service and if the Service has not resolved the issues for which the Service Plan Order was placed. After the first day of each month of a Service Plan based on a subscription term, it will be presumed that You are satisfied with the Service provided for the prior month if You do not present a complaint by calling 123hp Support at 1-888-288-5279within 48 hours after the first day of the new month of Your Service Plan. If You present a complaint, 123hp Support will terminate Your subscription Service Plan and refund any amount for a month or portion of a month already paid by You. 123hp Support will first attempt to provide additional Services to resolve the issues and, if 123hp Support determines the issue can’t be resolved by additional Services, a full refund for the prior month for which You presented a complaint will be processed, and the credit should appear in Your account within 5-10 business days after processing of refund request, according to the processing schedule of 123hp Support’s credit card networks and Your bank.
Form of Refund
Refunds will normally be made to the same account used to purchase the Service Plan; i.e. to customer bank account, credit card, or PayPal account, whichever was used. Only under unusual circumstances would the refunds be processed by other instruments or accounts. All refunds should be credited to customer account within 5-10 business days after acceptance of refund request.
Under no condition would the resolution be greater than what was charged for the product(s) or service(s) in question.
GUESTS: LIMITED LICENSE TO USE 123hp Support WEBSITE
As a Guest You may use the 123hp Support website and Materials specifically designated as available to guests on the 123hp Support website for the limited purposes of (a) deciding whether to subscribe to the Services provided by 123hp Support and (b) registering with 123hp Support and submitting Service Plan Order. 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 under the terms of 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 123hp Support 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) and these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any 123hp Support server, or the network(s) connected to any 123hp Support server, or interfere with any other party’s use and enjoyment of any of the 123hp Support, the Materials, Software or Services. You may not attempt to gain unauthorized access to any 123hp Support, the Materials, Software, or Services, other accounts, computer systems or networks connected to any 123hp Support server or to any of the 123hp Support, the Materials, Software, or Services through means including, but not limited to hacking, packet sniffing, and password mining. You may not obtain or attempt to obtain any 123hp Support, the Materials, Software, or Services or other information through any means other than those specifically permitted to You under a plan order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Each subscriber’s use of the support Services for the subscription based Service Plans are subject to this fair use policy. If at any time, in 123hp Support’s sole and absolute discretion, a subscription based Service 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, 123hp Support reserves the right to suspend or terminate subscriber’s subscription Services. 123hp Support reserves the right to suspend or terminate any subscription Services of any subscriber that 123hp Support, in its sole and absolute discretion, determines are being used for the following activities:
By any person other than You as the subscriber; or
For any computer system other than a system registered with 123hp Support.
123hp Support 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 123hp Support’s employees and others as appropriate to Your Service under a Service Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used after a Service Plan Order has been accepted for purpose of providing the Services ordered by You, and not for any other purpose. By placing a Service Plan Order, You agree to allow 123hp Support to access Your computer or other device for which You request Service by any of the methods constituting a Communication Service. You are responsible for being present, monitoring any third party access to ensure that it is consistent with the access described by the Certified Technician, and for reporting to 123hp Support immediately if You suspect that a third party accessed Your computer or other devices in a manner not consistent with the Services requested from 123hp Support.
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 Service Plan Order placed by You. 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 malicious content including, but not limited to 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 123hp Support 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.
123hp Support has no obligation to monitor the Communication Services. However, 123hp Support reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. 123hp Support 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 Support reserves the right at all times to disclose any information as 123hp Support 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 123hp Support’ 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 123hp Support website, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold 123hp Support, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from Your violation of this AUP, misuse or abuse of a Service, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in 123hp Support’s defense of any claim. 123hp Support reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter subject to indemnification without the written consent of 123hp Support.
LIMITED LICENSES TO USE THE 123hp Support WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service Plan, You may use Materials and Software posted on the 123hp Support website, or made available in connection with a Service Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the 123hp Support Website, Services, Materials, or Software, other than as explicitly permitted by 123hp Support is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to 123hp Support 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 123hp Support Certified Technician. 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 Certified Technician. Please listen carefully to the Certified Technician and follow the Certified Technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is reproducible on a single system, i.e., 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 123hp Support Certified Technicians
Software/Data Backup: You understand and agree that 123hp Support shall under no circumstance be responsible for any lost or corrupted software or data. 123hp Support strongly recommends that You at all times maintain a complete data backup and disaster recovery plan
Account, Password, and Security: to submit a Service 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 123hp Support immediately of any unauthorized use of Your account or any other breach of security. 123hp Support 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 123hp Support or another party due to someone else using Your account or password. You may not use anyone else’s Service Plan at any time, without the permission of the Service Plan holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of 123hp Support’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 123hp Support’s ability to schedule a support session. You hereby release 123hp Support from any and all liability, and agree that 123hp Support shall not be liable to You or any third party for any direct or indirect damages whatsoever, resulting from such delays. 123hp Support 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 Service 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 123hp Support engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE 123hp Support WEBSITE, OR THROUGH A SERVICE
For Your convenience, 123hp Support may make available Materials or Software 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 123hp Support Web site may be copied or retransmitted unless expressly permitted by 123hp Support. 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 123hp Support 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 123hp Support 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, 123hp Support 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 123hp Support directly assists You in the acquisition, installation, and/or use of Third Party Software. 123hp Support 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 123hp Support Software shall remain in full force and effect unless and until terminated by 123hp Support, 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 123hp Support Software and immediately delete the 123hp Support 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, 123hp Support 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 123hp Support may elect to make available from time to time. Violation of such third party provider’s terms of service may, in 123hp Support’s sole discretion, result in the termination of Your Service Plan.
DISCLAIMER OF WARRANTIES
123hp Support 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 123hp Support to re perform the Services subject to dispute, (b) re-download and reinstall the software, or (c) request a refund pursuant to 123hp Support’s Refund Policy.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, in no event shall 123hp Support be liable to You in excess of the amounts actually paid by You to 123hp Support under the plan order that is the subject of the dispute, including indirect losses, direct losses, consequential damages, or otherwise.
LIMITATIONS ON ACTIONS
Any cause of action by You arising from these Terms and Conditions and use of 123hp Support’s services must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
123hp Support 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, 123hp Support’s network, or the use and enjoyment of 123hp Support’s other users;
123hp Support receives an order from a court to terminate the Service You are using;
if 123hp Support for any reason ceases to offer the Service;
if You are no longer an 123hp Support customer, or
123hp Support determines that You are abusing the Service, as provided in these Terms and Conditions.
123hp Support, 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. 123hp Support’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. NO OFFER – The 123hp Support website is available internationally and may contain references to 123hp Support products, services, and programs that are not available in a viewer’s country. These references do not imply that 123hp Support intends to make such products, services, or programs available in such country.
123hp Support reserves the right to amend the Terms and Condition, and the 123hp Support Website at any time by (a) posting a revised version of the Terms and Conditions on the 123hp Support Website, or by (b) sending information regarding any amendment to the Terms of Service to the email address You provide to 123hp Support in connection with registration. You are responsible for regularly reviewing the 123hp Support website to be notified of any amendments to the Terms and Conditions. Your use of the 123hp Support 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 United States of America, State of Ohio, without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction. By placing a Service Plan Order, You submit to the jurisdiction of the State of Ohio as the appropriate forum for all disputes with 123hp Support.