THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE CYBER BIZZTECH COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH CYBER BIZZTECH . YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE CYBER BIZZTECH SERVICE.
(THE “AGREEMENT”). You must agree to the Terms and Conditions in order to be eligible to use the Cyber Bizz Tech IT Company Portal (defined below), or obtain Services (defined below).
“You” means you individually, any person, including any employer for whom you are acting on behalf of.
Trademark “Cyber Bizz Tech IT Company” is used by Cyber Bizz Tech IT Company, under an authorization from Cyber Bizz Tech IT Company Technical Services. All references to Cyber Bizz Tech IT Company refer to Cyber Bizz Tech IT Company.
“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 Cyber Bizz Tech IT Company Portal said materials are the proprietary and copyrighted work of Cyber Bizz Tech IT Company and/or its suppliers. The definition of “Materials” does not include the design or layout of the Cyber Bizz Tech IT Company web site or any other Cyber Bizz Tech IT Company owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by Cyber Bizz Tech IT Company 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. Software includes both Cyber Bizz Tech IT Company Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
Software, Materials, Services and other related information are collectively referred to as “Content.”
Cyber Bizz Tech IT Company CERTIFIED TECHNICIAN/(S)
“Cyber Bizz Tech IT Company Certified Technician means” technicians and specialists certified by Cyber Bizz Tech IT Company to perform the Services under this Agreement.
SUBSCRIPTION BASED PLANS
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Cyber Bizz Tech IT Company that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
SERVICES” AND “Cyber Bizz Tech IT Company PORTAL
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the Cyber Bizz Tech IT Company Portal. Once Cyber Bizz Tech IT Company accepts the Plan Order submitted by you, you would receive an email from SCyber Bizz Tech IT Company at the email address that you provide or have provided to Cyber Bizz Tech IT Company as part of the Registration Process for the Services. Cyber Bizz Tech IT Company is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Cyber Bizz Tech IT Company of a Plan Order, you will rightly possess a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Cyber Bizz Tech IT Company will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Cyber Bizz Tech IT Company will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. All undertakings under Service Plans are subject to Cyber Bizz Tech IT Company’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-8XX-XXX-XXXX. 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. Cyber Bizz Tech IT Company has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.
If for any reason you are not wholly satisfied with the Service, RPTECHCORPwill make every effort to resolve the issue. If you remain dissatisfied, RPTECHCORPoffers a money back policy as follows: For our annual (including multi-year) subscription-based plans, the Money-Back Guarantee is valid for a period of 30 days from time of purchase. For our incidental (one-time-use) plans, the Money-Back Guarantee is valid for 7 days, beginning at the time of the Incident.
GUESTS: LIMITED LICENSE TO USE OF Cyber Bizz Tech IT Company PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Cyber Bizz Tech IT Company 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 Cyber Bizz Tech IT Company Portal and Materials (defined below) specifically designated as available to guests on the Cyber Bizz Tech IT Company Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Cyber Bizz Tech IT Company, (b) registering with Cyber Bizz Tech IT Company and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
Cyber Bizz Tech IT Company 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 Cyber Bizz Tech IT Company’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.
LIMITED LICENSES TO USE THE Cyber Bizz Tech IT Company PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the Cyber Bizz Tech IT Company Portal, 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 Cyber Bizz Tech IT Company Portal, Services, Materials or Software, other than as explicitly permitted by Cyber Bizz Tech IT Company is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Cyber Bizz Tech IT Company and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will: Cooperate with the Cyber Bizz Tech IT Company Engineer: We will use commercially reasonable efforts to provide the support Service to you. Cyber Bizz Tech IT Company’s 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, 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 Cyber Bizz Tech IT Company support personnel.
Software/Data Backup: You understand and agree that Cyber Bizz Tech IT Company shall under no circumstance be responsible for any lost or corrupted software or data. Cyber Bizz Tech IT Company 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 may also be directed to 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 Cyber Bizz Tech IT Company immediately of any unauthorized use of your account or any other breach of security. Cyber Bizz Tech IT Company 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 Cyber Bizz Tech IT Company or another party due to someone else using your 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 Cyber Bizz Tech IT Company’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 Cyber Bizz Tech IT Company’s ability to schedule a support session. You hereby release Cyber Bizz Tech IT Company from any and all liability, and agree that CYBER BIZZTECH shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. CYBER BIZZTECH 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.
- Non-Compliance with the Cyber Bizz Tech IT Company engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Cyber Bizz Tech IT Company PORTAL, OR THROUGH A SERVICE
For your convenience, Cyber Bizz Tech IT Company 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. The Materials and Software are made available for download solely for your use according to (a) the end user license agreement (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 Cyber Bizz Tech IT Company Web site may be copied or retransmitted unless expressly permitted by Cyber Bizz Tech IT Company. 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 Cyber Bizz Tech IT Company 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 Cyber Bizz Tech IT Company 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.
EULA FOR Cyber Bizz Tech IT Company SOFTWARE
With regard to any Software made available to you by Cyber Bizz Tech IT CompanyCyber Bizz Tech IT Company through the Cyber Bizz Tech IT Company Portal for which your acceptance of a separate license agreement is not required (“Cyber Bizz Tech IT Company Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Cyber Bizz Tech IT Company to use the Cyber Bizz Tech IT Company Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Cyber Bizz Tech IT Company Software. You agree that the Cyber Bizz Tech IT Company Software is the confidential and proprietary information of Cyber Bizz Tech IT Company or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Cyber Bizz Tech IT Company Software, or otherwise reduce the Cyber Bizz Tech IT Company Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Cyber Bizz Tech IT Company Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Cyber Bizz Tech IT Company Software. You acknowledge that this license is not a sale of intellectual property and that Cyber Bizz Tech IT Company or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Cyber Bizz Tech IT Company Software and related documentation, as well as any corrections, updates and upgrades. The Cyber Bizz Tech IT Company Software may be used in the United States only, and any export of the Cyber Bizz Tech IT Company Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Cyber Bizz Tech IT Company 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 Cyber Bizz Tech IT Company directly assists you in the acquisition, installation, and/or use of Third Party Software. Cyber Bizz Tech IT Company 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 Cyber Bizz Tech IT Company Software shall remain in full force and effect unless and until terminated by Cyber Bizz Tech IT Company, 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 Cyber Bizz Tech IT Company Software and immediately delete the Cyber Bizz Tech IT CompanySoftware 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, Cyber Bizz Tech IT Company 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, portal, training, music, gaming and storage services that Cyber Bizz Tech IT Company may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Cyber Bizz Tech IT Company’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
CYBER BIZZTECH DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN NO EVENT SHALL CYBER BIZZTECH 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 Cyber Bizz Tech IT Company be liable to you in excess of the amounts actually paid by you to Cyber Bizz Tech IT Company 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. Cyber Bizz Tech IT Company establishes several binding terms and conditions on all those who propose to either sign this document or else intend to make an online payment at https://www.cyberbizztech.com/. Cyber Bizz Tech IT Company holds the right to either update or alter its Terms of Services (TOS) any point of time without a prior notice. All new features and conditions apparently accentuating all the services portfolio would be again subject to TOS. A point forth from where any further subsequent use of services would be considered as an explicit consent towards all changes made forth by the company. Violation of any of the Terms and Conditions declared by the company would end up leading to a termination of an account.
The consumption of Cyber Bizz Tech IT Company’s services portfolio is built by the client at his own judgment. This service offered either via email, chat or phone. Our services are made available only in English language. Other languages would be considered only on the basis of mutual efforts. Cyber Bizz Tech IT Company holds the right to use 3rd party marketers and hosting partners for offering the needed hardware, software, networking and other related technologies for managing the service. Unless specified by Cyber Bizz Tech IT Company, the services should not be changed or resold to a 3rd party. Any accountability rising from such conditions would be only borne by the client. Cyber Bizz Tech IT Company holds the right to delete Content and Accounts comprising of content considered as illegal, threatening, abusive, libelous, offensive, pornographic and questionable. Cyber Bizz Tech IT Company can terminate any account in case of any verbal, physical or written abuse of an employee. We do not entertain any requests for posting, hosting or transmission of unsolicited e-mails, SMSs, or “spam” messages. We do not entertain transmission of any kind of worms, viruses or any code of a critical manner. At no point in time Cyber Bizz Tech IT Company justifies services provided will meet exact needs, services would be continuous, well-timed, protected or error-free, the results gained from the use of services would be precise or trustworthy, the excellence of any products, services, info or other things purchased would be within one’s prospects and finally would any errors in the service would be adjusted.
- One account can be utilized by one person only. This single account has a fixed scope of utilization as set by number of PCs in the agreement.
- Cyber Bizz Tech IT Company holds the right to offer services only for problems and software listed on the website. Any software problems and services apart from them do not entitle Cyber Bizz Tech IT Company to provide services.
- Cyber Bizz Tech IT Company delivers services through mediums like Phone, Chat and e-mail. The onsite module is not included as a medium for offering services.
- Cyber Bizz Tech IT Company is not liable to offer support for any hardware problems related to PCs, Servers, Printers, Routers and Wireless Access Devices.
- Cyber Bizz Tech IT Company does not provide replacement or takes liability for any malfunctioning computer part.
- We do not provide any warranty on hardware and software under the support plan.
- Cyber Bizz Tech IT Company is not liable for preserving security of a PC such as username and password. Neither shall the company be held responsible for any losses or damages resulting from a failure to comply with a security obligation.
- PC users are advised not to share their personal data like computer username and password with our tech professionals at any point of time. An accidentally shared password must be changed without delay.
- Cyber Bizz Tech IT Company cannot be held liable for any losses or damages occurring from a data theft taking place on a user’s computer.
- All the customers are requested to observe the remote session started by a Cyber Bizz Tech IT Company tech expert. However, if the customer fails to do so and any data theft or loss rising from an unattended remote session or the absence of a technician would not be the responsibility of Cyber Bizz Tech IT Company. Moreover, clients are requested not to use any of our services for any illegal or unauthorized reason.
- All the interactions and communications between Cyber Bizz Tech IT Company’s experts and customers are should be in obedience of cyber laws of India/US or one’s country of residence.
- Cyber Bizz Tech IT Company holds no responsibility for any loss or damage rising directly or indirectly due to the rejection of authorization for any Transaction. Moreover, the organization will also not be liable if in the case of a cardholder going beyond the preset limit mutually agreed upon by the acquiring bank at any time.
Cancellation and Termination
If a customer wants to cancel the support service with Cyber Bizz Tech IT Company, he/she may request for the cancellation over via email or a phone. On the cancellation of support services, we transfer the client data to archive or active servers to be used anytime in the future. If a client would cancel the service before the end of the paid up month, it would lead to instant cancellation and the client would not be asked for any charge again. Cyber Bizz Tech IT Company has all the rights to suspend or stop an account and decline any present or future use of the services. The needs of such action can be arise due to unauthorized access of a portal, servers and databases, rude behavior, data theft, inappropriate use of services, using the services for PC other than the one currently registered with the organization. The cancellation of service will lead to deactivation and deletion of an account and the client will never be able to access to any PC Support Service with the organization. Cyber Bizz Tech IT Company holds rights to cancel the service for the use of illegal software. Cyber Bizz Tech IT Company reserves the right to decline services to a client at any point of time.