Terms and Conditions
Terms and Conditions Service Description : PHFP Premium Services
Service Provider : Pc Help 50 Plus
Tradename of, Global Webshops BV
Address Gravin Juliana van Stolberglaan 31
2263AB Leidschendam, Netherlands
Registry Chamber of Commerce the Netherlands 74252461
VAT number NL859825814B01
Terms and Conditions Effective as of DATE
Terms and Conditions: Pc Help 50 Plus (“PHFP”) is pleased to provide the PHFP Premium Service (the “Service” or “Services”) in accordance with this Services Description.
Individuals must be 18 years of age or older to use this Website and its Services, and you warrant that you are eighteen (18) years of age or older. The parties acknowledge having read and agreed to be bound by such online terms. PHFP may offer customers the Services with respect to Supported Products (as defined below) through monthly subscriptions, annual subscriptions, and/or various promotional offers. You (the “Customer”) acknowledge and agree that the Service(s) described below are being supplied in accordance with your acceptance of the terms and conditions of this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE OR THE WEBSITE.
Service: The Service will use commercially reasonable efforts to provide remote technical support, and general computing for Supported Products (as defined below) on the Customer’s computer. The Services provided under this Service Description are provided remotely via telephone and chat sessions and frequently include remote diagnosis by the technical agent, including having remote access to your operating system, printers, and networking equipment via proxy, always with your permission. Documents, photos, or other files may require access to resolve a Service issue, but will only be done with the Customer’s express consent. It is required that the Customer has Internet service and that all Supported Hardware is connected to the Internet or home network for the Service to be delivered. PHFP will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances, the Service may be unavailable. In specific situations where support is needed for tasks beyond the scope of this Service Description, PHFP may offer additional services through the phone support agent for an additional fee.
Additional Services Details
|GENERAL AREAS OF SUPPORT||DESCRIPTION OF SUPPORT|
|Support Provided||The Service includes phone support, chat-based support, software support, and device support, as described below with respect to Supported Products (as defined below) in the Customer’s home or home office.|
|Supported Products||The Service includes the support described herein with respect to Supported Software (each as defined below and, collectively, “Supported Products”).|
Software systems and programs supported by the Service (the “Supported Software”) include widely available versions of the following programs: > Software purchased that promoted a PHFP phone number for additional support. > Windows® 8, Windows XP Home (SP3+), Windows XP Pro (SP3+), Windows Vista 32-bit (all service packs), Windows Vista 64 (all service packs), Windows 7 32-bit (all service packs), and Windows 7 64-bit (all service packs).
Supported Software may also include: > Email client setup and configuration support. > Operating system installation and configuration. >System performance enhancement for gaming or other applications. > Installation, configuration, application usage and troubleshooting.
The Service will support personal computers running Microsoft Windows based operating systems (includes both notebooks and desktops) (each, a “Supported PC”). For a list of supported software, please see above.
Additionally, the PHFP agent will make commercially reasonable efforts to support other hardware items that connect peripherally to a Supported PC (collectively, with the Supported PC(s), the “Supported Hardware”). These items may include: printers, cameras, phones, music players & gaming systems that are compatible with the Supported PC.
|Technical Support for Networking and Wireless connectivity||Networking and wireless connectivity in your home may include assistance with: > Home network set-up & education. > File sharing on your private home network. > Printer sharing on your private home network. > Third-party wired / wireless router ISP configuration. > Cable / DSL / Dialup: connect & configure a single system to access the Internet; and/or Connect PC and non-PC devices to a home network.|
|Technical Support for Printers and Printing||
Printer and printing support may include:
> Driver installation.
> Help connecting printer or verifying connection.
> Printing test page.
> Troubleshooting printers. and/or
> Printer sharing using an internal network card
|Additional Offerings||THE SERVICE AGENT MAY OFFER SOME, ANY, OR ALL OF THESE PRODUCTS AT ANY TIME. OTHER PLANS OR PROMOTIONAL OFFERS MAY BE OFFERED AT OUR DISCRETION. Single Incident Support Plan – This base level offering of the Service includes support for one (1) Supported PC in the home, a home network and certain peripherals [printers, routers, external hard drives, etc.] connected to that network, and offer the Customer the resolution of identified issues during the initial call. Unlimited Incident 1 Year Plan – This base level offering of the Service includes support for one (1) Supported PC in the home, a home network and certain peripherals [printers, routers, external hard drives, etc.] Connected to that network, and offers the Customer the resolution of identified issues during the initial call as well as any issues found during the one year period following purchase date of the plan. Unlimited Incident Multi-PC 1 Year Plan(s) – These offerings of the Service provide service for multiple Supported PCs in the home, a home network and certain peripherals [printers, routers, external hard drives, etc.] Connected to that network and offers the Customer resolution on issues found on named PC’s for the one year period following purchase date of the plan (varies by offer).|
|Changes and Cancellations||Changes to Subscriptions
The Service product offerings may offer the opportunity to add on additional services and/or to downgrade to base level services. Any subscription changes require your express authorization. Please consult a PHFP agent to discuss making changes to your account. Cancellations Please contact PHFP agent to discuss your cancellation options. Write to us at firstname.lastname@example.org
The Service DOES NOT INCLUDE
- Support for non-Mac & non-Windows-based OS, software, applications, or hardware.
- Labour and/or parts replacement for hardware or peripherals.
- Support when compatibility of the system to the software is in question or configuration is invalid.
- Support for Internet Explorer® Versions 1-7.
- Database editing and creation.
- Computers or devices that are managed by any external IT department.
- Enablement of access to corporate systems, email or data.
- Live data manipulation.
- Video editing.
- Creating illegal copies of software.
- Bypassing copyright protection.
- Creating DVDs of copyrighted content such as movies or television programs..
- Installation of dual boot operating system configuration.
- “Crack or Hack” protected files.
- Support for commercial grade printers.
- Supporting or assisting any activity deemed to be illegal or inappropriate by PHFP in its sole discretion.
- Support when your system does not meet the system-requirements of installed software.
- Supporting third party plug-ins like browser helper applications and Flash media players.
PHFP is not responsible for
- Data or file loss / corruption / damage in any form or manner.
- Labour and/or parts replacement for hardware or peripherals.
- Hardware replacement.
- Providing software upgrades or new software releases with the exception of device driver software recommended by the PHFP software.
- Support for versions of Supported Products older than the current version (support on older versions is on a commercially reasonable basis)
- Support for freeware or shareware
- Remote or on-site training services
- Scripting, programming, database design or web development
- Product keys for activation.
- Recovery of lost, damaged, or infected data or software.
- Support arising from damage caused by viruses, hacking, or physical damage.
- Any activities not expressly described in this Service Description.
Receiving Support: Customers may initiate a phone call with a technician or the Customer may pre-arrange for a technician to call the Customer. A technician will ask for Customer’s email address associated with the account, relevant hardware and software brands, and model or version numbers. To receive services, the Customer must confirm that they: (a) have full access to the system that is the basis of the problem; (b) have completed a back-up (or otherwise have a copy) of any software or data on the Supported Product; and (c) expressly authorize the Services. In some instances, Services may be provided by a qualified third party service provider on PHFP’s behalf at PHFP’s sole discretion. (Terms and Conditions)
Service Availability: PHFP will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances and circumstances, the Service may be unavailable. (Terms and Conditions)
Unique Account Information: Customer must maintain the confidentiality of the account log-in information provided by PHFP in connection with these Services. PHFP is not responsible for unauthorized use of a Customer’s Service and may terminate Customer’s Service at any time if it believes in its reasonable discretion that Customer’s account is subject to unauthorized use.
Spyware/Virus Removal: Customer acknowledges and understands that alteration or removal of some spyware and virus programs may impair the performance of certain programs. In addition, altering or removing such programs may be restricted by certain software licenses. It is the Customer’s responsibility to examine such licenses and to ensure that the procedures performed as part of these Services will not affect these licenses, or, if they do, that the effect on such licenses or system performance is acceptable to Customer. Customer further acknowledges and understands that these Services cannot guarantee that additional spyware and viruses will not return to, or appear on, a Customer’s system after Services have been rendered.
Third Party Software: If the Customer and technician agree that a third-party tool would be useful to resolve an issue, the Customer will have to personally enter into any license agreements with such third-party. All use of third-party tools is the sole responsibility of the Customer. Under no circumstances will a PHFP agent or technician enter into a third party license agreement on the Customer’s behalf or be liable for the use of such third-party software. (Terms and Conditions)
Copying of Files: PHFP is not permitted by law to copy or otherwise replicate copyrighted materials without the Customer’s express authorization. In connection thereto, Customer acknowledges, represents, and warrants that Customer owns the copyright, or has a valid license to make authorized copies of any and all of the applicable files on their system, and, that Customer does not have any files or copyrighted content on their system which would cause PHFP to be liable for copyright infringement if those files were copied by PHFP as part of the Services, including but not limited to, music files, motion picture/video/television files or photographic files, or other media files that are subject to copyright restrictions. Customer accept PHFP responsibility for, and agrees to indemnify, release, discharge, and hold PHFP harmless from, any and all liability, damages, claims or proceedings including reasonable attorneys’ fees and costs arising out of Customer’s failure to remove any non-authorized files or restricted copyrighted content from their system prior to utilizing the Services. (Terms and Conditions)
Complete a backup of all existing data and programs on affected Systems
It is solely the Customer’s responsibility to complete a backup of all existing data, files, software, and programs on affected Supported Products before receiving Services (including telephone support). As per the Limitation of Liability section below, PHFP IS NOT RESPONSIBLE FOR LOSS OF OR RECOVERY OF DATA, FILES, PROGRAMS, OR LOSS OF USE OF SYSTEM(S) HARDWARE, OR NETWORK(S). CUSTOMER UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL PHFP BE RESPONSIBLE FOR ANY LOSS OF SOFTWARE, FILES, PROGRAMS, OR DATA – EVEN IF TECHNICIANS HAVE ATTEMPTED TO ASSIST CUSTOMER WITH THEIR BACKUP, RECOVERY, OR SIMILAR SERVICES. ANY SUCH ASSISTANCE IS BEYOND THE SCOPE OF ANY PHFP WARRANTY AND THIS SERVICE DESCRIPTION; THIS ASSISTANCE IS PROVIDED IN PHFP’S SOLE DISCRETION AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND. NEITHER DOES PHFP PROVIDE ANY GUARANTEE OR WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD PARTY PRODUCT THAT A TECHNICIAN MAY USE IN ASSISTING CUSTOMER.
Termination : The term of this Service Agreement will commence upon the date of purchase of your PHFP software (regardless of whether or when you activate or begin using your account) and will continue until the earliest of
(a) the Customer cancels the Service or the Customer’s subscription expires as stated in the Service agreement,
(b) the date upon which PHFP provides notice to you of termination of this Agreement for PHFP’s convenience, and
(c) non-payment of subscription fees due; or
(d) your violation or breach of any terms or conditions of this Agreement (the “Term”). Upon the expiration or termination of this Agreement the rights granted to you under this Agreement with respect to the Service will immediately terminate. Use of the Service constitutes acceptance of the Agreement.
Registration and Transactions: PHFP currently uses the PayPal gateway Secure Sockets Layer (SSL) protocol to safeguard your payment information, including your credit card number, during online transactions. (Terms and Conditions)
Returns and Refunds: If the Customer has yet not activated their PHFP account, PHFP Premium Services subscriptions may be returned within 30 days of purchase for a full refund. Upon activation of the Customer’s account, no subscription may be returned and all charges associated with the subscription become non-refundable (except as otherwise required by law).
Commercially Reasonable Limits to Scope of Service: In the course of providing the Services, PHFP may determine that a Service issue is beyond the scope of the Service. PHFP may use commercially reasonable efforts to refer Customer to the appropriate alternative resource; however, PHFP will not transfer Customer directly to an alternate resource. Customer acknowledges that despite PHFP’s efforts, PHFP may not be able to resolve Customer’s issue.
Transmit, store, view, restore or share content that: (i) contains illegal material; (ii) is harassing, libellous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious or offensive, as determined by PHFP in its sole discretion; (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law; or (iv) contains any viruses, worms, Trojan horses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service.
- Plan or carry out any illegal activity.
- Violate the intellectual property rights or other rights of any third party, including, without limitation, any person’s or entity’s copyrights in music, motion pictures, television programs, videos, media, images, books or other works.
- Breach any duty of confidentiality that you owe to anyone or entity.
- Access or attempt to access any account for which you have no access authorization.
- Charge anyone for access to your account or otherwise use, sell or share the Service for any commercial purpose. or
- You acknowledge that U.S. and other countries’ export laws may apply to the transfer of technology and software through the Service. You represent and warrant that any software you transmit and store using the Service contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license. You also warrant that any technology you transmit and store is approved for export without a license. Notwithstanding the foregoing, you are solely responsible for obtaining any specific licenses relating to the export of technology and/or software if a license is required. Customer accept PHFP responsibility for, and agrees to indemnify, release, discharge, and hold PHFP harmless from, any and all liability, damages, claims or proceedings including reasonable attorneys’ fees and costs arising out of Customer’s failure to adhere to this paragraph.
You further agree that you will not:
- Create any links, whether on a web page, in an e-mail or otherwise, that direct anyone to any part of your account; or
- Interfere with the servers or networks connected to the Service. PHFP does not control the content of any customer’s system and does not have any obligation to monitor or review content for any purpose. Notwithstanding the foregoing, if PHFP reasonably suspects that an account is being used for storage or distribution of any content that violates these terms and conditions, PHFP reserves the right, in its sole discretion and subject to applicable law, to terminate your account, and/or, if applicable, notify the appropriate authorities, without prior notice to you.
Cooperation with Law Enforcement: Agents may refuse to assist the Customer with sexually explicit, unlawful, offensive, hateful, gratuitously violent content or any other reasonably objectionable material. In addition, PHFP may be required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of applicable law, including without limitation, child pornography or human trafficking laws. You acknowledge and agree that PHFP may proactively report any such information, including the identity of users, account information, images and other facts to law enforcement personnel, government officials and/ or a third party as PHFP believes reasonably necessary or appropriate, as determined by PHFP in its reasonable discretion, to meet its legal obligations or protect the rights, property or safety of its employees, other users or third parties. Customers are prohibited from violating or attempting to violate the security of PHFP, or the Service. Violations of system or network security may result in civil or criminal liability. PHFP will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations. (Terms and Conditions)
Fair Use: It is important that the Customer be able to contact us with any issue which is covered under the Service Description. However, PHFP has recognized that a very small percentage of Customers may utilize this Service in an abusive and/or illegal and/or fraudulent manner. PHFP may limit or terminate these users’ access to the Service at any time upon ten (10) day written notice to the address on file for such customer. The goal of this policy is to ensure all Customers have equitable access to the Services. Abusive/Illegal/Fraudulent users: PHFP reserves the right to limit or terminate the Services for any Customer who is: (Terms and Conditions)
- Fraudulently using the service.
- Using the service illegally or for illegal purposes.
- Engaged in reselling the Service for their own commercial concern.
- Using the service broadly, for computers other than those listed in the Customer’s account.
- Using the service in lewd, illicit and/or explicit purposes.
- Found to be habitually aggressive, threatening or uses foul language regularly in their interactions with agents, technicians and management of the Service.
- Found to be engaged in any other material misuse of the Service not specifically covered above in PHFP’s sole discretion.
NO WARRANTIES; LIMITED LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIVEN THE NATURE OF THE SERVICE, THESE SERVICES ARE PROVIDED “AS IS” AND PHFP MAKES NO WARRANTIES REGARDING THE SERVICE OR THE RESULTS OF THE SERVICE. PHFP IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. PHFP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT. PHFP DOES NOT WARRANT THIRD PARTY PRODUCTS. PHFP IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. NEITHER PHFP NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE SERVICE. IN NO EVENT WILL PHFP OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE OR YOUR PARTICIPATION IN THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER PHFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES, PHFP IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE SERVICES. NOT WITH STANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.(Terms and Conditions)
Third-party software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. Customer should consult the applicable product documentation for specific warranty information.
Governing Law: THE PARTIES AGREE THAT THE LAW GOVERNING THIS AGREEMENT, INCLUDING ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING BETWEEN PHFP AND YOU HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS), SHALL BE THE LAWS OF EUROPEAN UNION, GOUVERNED AT THE COURTS OF GENEVA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF.
Binding Arbitration: YOU AND PHFP ARE AGREEING TO FOREGO ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ALL CLAIMS, DISPUTES OR CONTROVERSIES IN ANY FORM OR MANNER BETWEEN YOU AND PHFP AND/OR ITS DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS RELATING IN ANY WAY TO THE AGREEMENT SHALL BE SUBMITTED TO ARBITRATION TO BE CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) IN THE STATE OF CALIFORNIA, IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
For purposes of clarification, you agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR PHFP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration contract is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration).
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