The following are the terms and conditions for use of zuutech Services, most of which are subscription based, and which includes any and all partner services (the “Service”, “Services”) joined through us. Please read them carefully. Our Services are offered to you with the condition you accept without modification the terms and conditions contained herein and that we may change the Services and Terms of Service at any time. You understand that by using the Services after a change becomes effective, you have agreed to it. By purchasing the Services from us, you are indicating your agreement to be bound by all of the terms and conditions set forth in this document.
These terms and conditions state important requirements, you should read them carefully as they contain important information regarding your rights and ours.
2. DEFINITION OF SERVICES
For purposes of this Agreement, the term “Service” shall mean all our Services as outlined on the Website(s), security, help desk and other features, products and services provided by us under the service option that you have selected and which may be changed from time to time as according to our website(s).
3. AUTHORISED USER, USE, AND RESPONSIBILITIES
3.1 You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that we rely on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your customer account. You agree to promptly notify us whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
3.2 You agree that you are responsible for all use on your account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Services via your account, with or without your permission.
3.3 You agree that in order for all our customers to be able to reasonably use the Services a fair usage policy applies, particularly to the Help Desk Support services, to be decided solely by us and at our discretion, and that we may curtail, limit or terminate your use of the Services at anytime if in its opinion you have breached fair usage or we feel we need to in order to maintain quality and pricing.
5. AVAILABILITY OF SERVICE
5.1 The Services you select may not be available at all times, may be altered, and may not be available in the format generally marketed, and some computers may not be available to receive the Services.
5.2 We or our suppliers may at any time, without notice or liability, restrict the use of the Services or limit its time of availability.
5.3 You are solely responsible for being able to connect to the Services and you may not be able to connect to the Internet to use the Services. While we will attempt to assist you to get connected to the Internet and use the Services, we are not responsible for your not being able to connect to the Services nor your hardware, modems or Internet connection.
6. TERM AND TERMINATION
6.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement and shall continue until terminated by either party as permitted by this Agreement.
6.2 TERMINATION OF SERVICE
6.2.1 Subscription Services can be terminated by you by notifying us in writing at least thirty (30) days prior to the end of the current subscription period (after a minimum of three months) by emailing billing using your registered billing email address, through your account portal in the billing system or by using the contact form.
6.2.2 Termination and/or Suspension by us. If, in our sole discretion: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Services); (b) your use of the Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Services, our network, or the use and enjoyment of other users; or (c) we receive an order from a court to terminate your Services; (d) if we for any reason cease to offer the Services; or (e) if you are no longer a customer, then we at our sole election may terminate or suspend your Services immediately without notice.
6.2.3 Terminated Account. We, at our sole discretion, may refuse to accept your request for Services renewal or re-subscription following a termination or suspension of your use of the Services.
6.2.4 Trials and Promotions. If you are on a trial or promotional membership it is your responsibility to inform us if you decide not to continue your membership prior to the end of the trial period as stipulated in 6.2.1. Trial and promotional memberships shall be terminated immediately upon your notifying us.
6.2.5 Upon Termination for any reason. (a) All rights granted to you under these Terms shall cease; (b) you must cease all activities authorized by these Terms; (c) you must immediately pay to the Company any sums due to us under these Terms; (d) you will not be entitled to any refund or credit in respect of any fee paid by you in advance for any cancelled Service; and (e) we may immediately and without further notice delete or remove any content, data or other information submitted by you or your Invitees to the Service.
7. PRICING, PAYMENT & REFUNDS
7.1 Pricing and Fees. Our fees and charges for the Subscription Services you select are supplied to you during the ordering process and are available on the Website(s) and can be changed without notice. You agree to pay the charges applicable to your selected Services plan. Recurring charges (subscription plans) will be billed in advance; usage charges above subscribed fees will be billed in arrears. One off services and additional prorated charges such as for increases for additional storage will be payable as they arise. We or our agents will bill you directly, or charge your credit card or bank account, as you request and as approved by us. Free trials are that, free, and will not incur fees but it is your responsibility to inform us should you decide not to continue with the Services as per 6.2.1 otherwise you will incur fees.
7.2 Discontinuation of Service for Nonpayment. Services to you may be denied or discontinued without notice at any time if Services charges on your credit card, or 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.
7.3 You are responsible for all telephone and internet connectivity charges.
7.4 Services Without Resolution. We will make every attempt to troubleshoot, analyze, assess, correct or otherwise fix your Service problems. If we are unable to resolve your problem, you will still be liable for your subscription charges or time spent by us in attempting to correct a problem. We do not guarantee that we will be able to resolve all your IT problems.
7.5 Fees paid are non-refundable. The waiver of any fees or charges lays solely at our discretion and may incur administration fees.
8. LIMITATIONS ON USE OF THE SERVICES
8.1 You agree that your use of the Services and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.
8.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with us and we are not responsible and have no control over the information or materials accessible via the Internet through use of the Services. You further agree that we do not own or control all of the various facilities and communications lines through which Services may be provided, nor do we guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by us.
8.3 You agree that we cannot and do not guarantee or warrant that data available for downloading through the Services will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Services for the reconstruction of any lost data.
8.4 You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid destinations, transmission errors, or corruption or security of your data.
8.5 You are not authorized to use our name or marks as a hypertext link to any of our websites or in any advertising, publicity or in any other commercial manner without our prior written consent. You understand that your ability to link to a website through the Services does not, in any way, represent or imply our approval of, or its determination of the quality of that product or Services, and that links are provided for your convenience only. The links provided through the Services are maintained by their respective organizations, which are solely responsible for their content. Authorized use of our name and hyperlinks to our website(s) are acceptable within the context of referrals to us.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1 You acknowledge and agree that the Services supplied hereunder is provided on an “as is” or “as available” basis, with all faults, except as otherwise specifically set forth in this agreement and as otherwise specifically set forth in any manufacturer warranty for any equipment or software provided by us (but only if such warranty is included with such equipment or software), we (and our officers, employees, parent, subsidiaries, partners and affiliates), its third party licensors, providers and suppliers, disclaim any and all warranties for the Services, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statute. no advice or information given by us or our representatives shall create a warranty. Use of our Services is at your own risk and is not warranted.
9.2 We do not warrant that the Services provided by us will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. We shall not be liable for loss of your data, or if changes in operation, procedures, or Services require modification or alteration of your equipment, render the same obsolete or otherwise affect its performance. We make no warranty regarding any transactions executed using the service or the internet. We make no warranty regarding the content and information accessed by using the Services or any links displayed, you expressly assume all risk and responsibility for use of the Services and the internet generally do not use the service in any high risk activities where damage or injury to person, property, environment, or business may result if an error occurs.
9.3 In no event shall we (or our officers, employees, parent, subsidiaries, partners or affiliates), its third party licensors, providers or suppliers, be liable for: (a) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if we have been advised of the possibility of such claim or damages, or (b) any claims against you by any other party.
9.4 All limitations and disclaimers stated in this paragraph also apply to our third party licensors, providers and suppliers, as third party beneficiaries of this agreement.
9.5 Any rights or limits stated herein are the maximum for which we (and our officers, employees, parent, subsidiaries, and affiliates), our third party licensors, providers and suppliers, are collectively responsible.
9.6 The remedies expressly set forth in this agreement are your sole and exclusive remedies you may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages if these laws apply, our exclusions or limitations may not apply to you.
9.7 We reserve the right to pursue any and all legal and equitable claims against you pertaining to your use or misuse of the Service or for your breach of the agreement (including any policies relating to the Services.)
You agree to defend, indemnify and hold us harmless from and against all liabilities, costs and expenses, including reasonable lawyer’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Services); (b) the use of the Services or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Services); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Services); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Services, Software, or the Internet.
11.1 Notices required under this Agreement by you shall be provided to the Support or Billing Departments. Notices by us to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the mail addressed to your registered address or (c) when hand delivered to your registered address, as applicable or (d) posted on our websites. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website(s).
11.2 With regard to electronic communications, you and we further agree that: (a) the membership number and/or alias of a sender, contained in an electronic communication (“email’), is legally sufficient to verify the sender’s identity and the authenticity of the communication; (b) an email sent containing your membership number and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
12. GENERAL PROVISIONS
12.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Limitation of Liability and Indemnities, shall survive such termination, cancellation or expiration.
12.2 We will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or Services.
12.3 You agree not to assign or otherwise transfer, this Agreement in whole or in part, including any software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
12.5 Our failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
12.6 This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
If you have any additional questions, please feel free to contact us at any time.