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 Terms and Conditions

Terms and Conditions

 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THE TERMS AND CONDITIONS.

 

IMPORTANT – PROTECH DATA.COM IS AN ONLINE TECH SUPPORT COMPANY LAUNCHED BY PROTECH DATA INC. THIS AGREEMENT WILL BE BETWEEN PROTECH DATA, INC. AND YOU THE SUBSCRIBER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, USING, OR SUBSCRIBING TO THE PROTECH DATA SERVICES.  BY USING, APPLYING FOR, OR PURCHASING THE SERVICES OR BY ACCEPTING THIS AGREEMENT BY CLICKING ON "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO AND ACCEPT THE TERMS AS PESENTED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT APPLY FOR, ACCEPT, USE, OR PURCHASE THE SERVICES AND CLICK "DECLINE" BELOW. THE SERVICES ARE FOR A LIMITED TIME ONLY. FAILURE TO USE THE SERVICES WITHIN THE SUBSCRIPTION PERIOD SHALL NOT BE GROUNDS FOR A REFUND OF ANY FEES PAID.

 

The terms and conditions set forth below (the "Agreement") constitute a binding agreement between you (the "Subscriber" or "you") and ProTech Data Inc. ("ProTech Data") with respect to your use or purchase of the Services. To receive the Services, you must agree to these terms and conditions. You also agree that any failure to abide by them shall void any and all obligations of ProTech Data hereunder.

 

1. Definitions
"ProTechData.com Web site" means the ProTech Data web site that is offering the Services to Subscriber. The ProTech Data Web site will contain pricing information and other details about the Services being offered. Services may not be available separately and all Services may not be available at all times.

"Malware" means any files or programs identified by ProTech Data, in its sole and absolute discretion, as being harmful or dangerous to standard PC operation.

"Services" means ProTech Data's Support Services, which are ProTech Data's chat and phone based computer optimization and cleaning services as set forth on the ProTech Data web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and ProTech Data may discontinue or modify the Services in its sole discretion.

"Software" means any software used by ProTech Data in connection with the Services.

"Subscription Period" means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after one year or the period specified in the chosen package.

 

2. General
The Services are provided only via phone, Internet chat and remote desktop sharing. Services are provided upon Subscriber's contacting ProTech Data support personnel as explained on the ProTech Data Web site. Subscriber authorizes ProTech Data to configure its computers and delete the files that ProTech Data deems unnecessary to a computer's operation. Subscriber gives ProTech Data express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber gives ProTech Data express permission to install, configure, and use such software on Subscriber's computers.

 

3.Access
To provide the Services, ProTech Data must access a computer receiving the Services over the Internet. Subscriber must assist ProTech Data in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the ProTech Data representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the ProTech Data representative's sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide ProTech Data with correct and accurate information.

 

4. Limitations
The Services are subject to change without notice. The Services do not cover hardware repair services, lost or expected profits, ProTech Data does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and files. ProTech Data does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.

 

5. Services
5.1. General: The Services are provided only over Internet chat, and access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for ProTech Data to deliver their services. Subscriber is solely responsible for providing a broadband Internet connection and access to its computers. Any interruption or disconnection to the Internet may limit Subscriber's ability to receive the Services. ProTech Data makes no representations or warranties regarding the availability or quality of the Services or that the Services will be performed in a timely manner. Subscriber authorizes ProTech Data to accept, download, install, and use Software and third party software on its behalf.
5.2. Quality of Services:  All Services shall be provided using commercially reasonable efforts. ProTech Data makes no representations or warranties that commercially reasonable efforts will restore the computer to a working state, remove any viruses or problems, that all computer operations will be fully functional, or that the Services will increase or modify the speed or efficiency of the computer.

 

6. Limitations to Services
The scope and extent of the Services shall be limited to the options selected by the Subscriber when registering for the Services. The scope of performance of the Services shall be provided in any manner ProTech Data sees fit. ProTech Data does not guarantee that any of the Services will be available or offered in all cases. ProTech Data makes no representations or warranties regarding the availability or the provisioning of the Services.

 

7. Special Promotions
ProTech Data occasionally offers special promotions for the Services, including a free thirty-day trial period. If Subscriber registers for a special promotion, ProTech Data may still gather payment information from Subscriber. Generally, credit card information is required in order to access the free trial. However, no charges shall be made to the credit card until the trial period has ended. At the end of the trial period, Subscriber will automatically be billed for the Services to which it has subscribed during the free trial sign-up unless ProTech Data is notified by email through the email address provided during the registration for the Services of Subscriber's cancellation of the Services. Annual subscriptions shall expire one-year from the end if the trial period. ProTech Data shall not be obligated to provide further notice to Subscriber of a trial period's expiration or before the Subscriber's credit card is billed for the Services. Subscriber is solely responsible for ensuring that it unsubscribes from any unwanted Services prior the end of the trial period. No refunds shall be given for a failure to cancel the Services. Free trials and other promotional offers are limited to one per Subscriber. ProTech Data reserves the right to deny or revoke a free trial at any time for any reason.

 

8. Term and Termination
For subscription-based Services, this Agreement shall be effective for one year from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the ProTech Data representative terminates. In addition, ProTech Data may cancel the Services at any time if ProTech Data, in its discretion, determines that Subscriber's use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.

Notice of the natural expiration of this Agreement may not be provided, and ProTech Data is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the ProTech Data web site. Any breach of this Agreement shall immediately terminate Subscriber's subscription to the Services and/or may limit Subscriber's access to the Services. No refunds shall be provided upon termination of the Agreement.

 

9. Payment
Subscriber shall pay ProTech Data the amount set forth on the ProTech Data web site for the Services. The amount must be paid in full to receive the Services.

 

10. Privacy
Information collected and used by ProTech Data is governed by the ProTech Data privacy policy, which is available at http://ProTechData.net/privacypolicy.php This Agreement incorporates the ProTech Data privacy policy. By accepting this Agreement, Subscriber is also acknowledging that it has read, understands and agrees to the privacy policy. ProTech Data support representative may need to download, run, or use software on the Subscriber's computer to assist in diagnosing and resolving computer problems. Such software may include toolbars, utilities, and other tools that allow ProTech Data to improve computer performance and solve technical problems (collectively, the Diagnostic Software"). The use of all Diagnostic Software is subject to the license agreements and terms and conditions associated with the Diagnostic Software. Subscriber shall be bound by all such license agreements.
 ProTech Data may monitor and record the Services, including any online sessions. These recordings are primarily for improving customer service, internal training, and internal market research. ProTech Data may disclose these recordings and any other information to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or ProTech Data' customers.

 

11. Disclaimer
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER "AS IS" BY PROTECH DATA, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER'S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. PROTECH DATADOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTECH DATADISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. PROTECH DATADOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.

 

12. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROTECH DATAAND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY MALWARE PRESENT ON A COMPUTER, (C) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, OR (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER. PROTECH DATAIS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF ProTech Data, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROTECH DATA ACCEPT TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO PROTECH DATAFOR THE SERVICES.

 

13. Unlimited Support and Fair Usage Policy
Subscribers are entitled to “unlimited support” during the subscription period. The unlimited plan provides you with a toll-free number and an unlimited number of support sessions during the entire subscription period, subject to certain restrictions. Your use of the Services is subject to reasonable use limitations. Reasonable use means that your use of the Service does not materially impair ProTech Data’ ability to provide the Service to other customers. If your use of the Service exceeds four times the average monthly usage of all other ProTech Data’ unlimited plans, it is presumed that you have violated our Fair Usage policy. Support sessions are limited to technical support queries only, however ProTech Data support agents may at their sole discretion decide to offer assistance relating to application usage "how to support" type queries.
 

 

All Subscribers' use of the support services are subject to ProTech Data "fair use" policy. Under this policy, if at any time, at the sole discretion of ProTech Data, a subscriber is found to be abusing the service by exceeding the level of use reasonably expected from a Subscription based Plan, then ProTech Data reserves the right to suspend or terminate Subscriber's Subscription Services or immediately convert your unlimited plan to a per incident plan and charge you accordingly. In addition, ProTech Data reserves the right to suspend or terminate any Subscriber that ProTech Data, in its sole discretion, determines is being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to ProTech Data; provided, however, that User will not be entitled to a refund of any fees prepaid for the Service.

 

14. Force Majeure
ProTech Data is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. ProTech Data is not liable for any failure or delay caused by problems with Internet connections.

 

15. Governing Law; Venue
Subscriber and ProTech Data agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the then current laws. Any actions arising out of or based, in whole or in part, on this Agreement shall be brought in the courts designated at the time of the dispute.

 

16. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. ProTech Data may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its web site, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. ProTech Data may impose limits on certain features of the Services at any time. ProTech Data may amend this Agreement at any time by posting a copy of the amended Agreement on the ProTech Data web site. Such amendments may be made in ProTech Data's sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.

 

ProTech Data is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the ProTech Data web site of a general informational nature.

 

17. Notices
Subscriber will make all notices, demands or requests with respect to this Agreement in writing to ProTech Data, Inc. 370 Balm Ct, Wood Dale IL  60191 USA,. Notices to Subscriber shall be made by posting such notice on the ProTech Data web site. Subscriber agrees to regularly check the ProTech Data web site to be aware of all such notices

 

18. Survival
Provisions regarding proprietary rights, indemnity, warranty disclaimers, and limitation on actions shall survive this Agreement.

 

19. Limitation on Actions
Neither party may bring any action, regardless of form, arising out of nor relating to this Agreement more than three (3) months after the cause of action has accrued.

 

20. Assignment
Subscriber may not assign or transfer the rights or obligations under this Agreement without first obtaining ProTech Data's written consent. Any attempt to assign or transfer the rights and interests granted herein shall render the Agreement voidable in ProTech Data's discretion. ProTech Data may assign and transfer its obligations under this Agreement as it sees fit.

 

21. Acceptance
BY CLICKING "I ACCEPT" BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ASSOCIATED WITH THE SERVICES. DO NOT CLICK THE "I ACCEPT" BUTTON IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

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