Software, Materials, Services and other related information are collectively referred to as “Content.”
“You” means you individually, any person, including any employer that you are acting on behalf of.
“Pro Pc CareCertified Technician means” technicians and specialists certified by Pro Pc Careto perform the Services under this Agreement.
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Pro Pc Care that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
“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 Pro Pc CarePortal are the proprietary and copyrighted work of Pro Pc Careand/or its suppliers. The definition of “Materials” does not include the design or layout of the propccare.com web site or any other Pro Pc Careowned, operated, licensed or controlled website.
“Software” means a computer program of any kind, whether owned by Pro Pc Careor 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 Pro Pc CareSoftware 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”). SUBMISSION OF PLAN ORDERS;
You may order Services by submitting Plan Orders through the Pro Pc CarePortal or by callingPro Pc Care. Once Pro Pc Careaccepts the Plan Order submitted by you, then you will receive an email from Pro Pc Careat the email address that you provide or have provided to Pro Pc Careas part of the Registration Process for the Services.Pro Pc Careis not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Pro Pc Careof a Plan Order, you will have a Service Plan.
Subject to the terms and Conditions, and other terms specific to each Service Plan, Pro Pc Care will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Pro Pc Care will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under
Service Plans are subject to Pro Pc Care’s Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 305-407-3261. 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. All payments against the plan orders will be collected by Pro Pc Care on behalf of J & L INFORMATIC UK LIMITED. Pro Pc Care has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable terms Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly instalments of the Service Fee, payable
over a one (1) year payment terms, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a terms of one, two or three years (“terms Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Pro Pc Care services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable terms. If you signed up for a terms Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the terms Plan expires; (2) you drop one of the Pro Pc Care services you were required to purchase to receive the special rate as notified to Pro Pc Care ; or (3) You termsinate the agreement/Service Plan before the expiry of the relevant terms.
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Pro Pc Care to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Pro Pc Care and/or any other company who bills products or services, or acts as billing agent for Pro Pc Care to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Pro Pc Care with updated credit card information upon Pro Pc Care’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Pro Pc Care nor any Pro Pc Care affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Pro Pc Care ’S option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $10.00.
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You (“Auto Renewal”). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable terms Plan.
Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Pro Pc Care
If you would like to opt out of the Auto Renewal, please call us at 1-305-407-3261 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service.
For subscription based plans, a full refund will be issued if Pro Pc Care has not been able to resolve even a single issue for you within the first 30 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Pro Pc Care may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer .For incident based plans, you will be eligible for refund when any of the following criterions are met:
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute 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.
Though Pro Pc Care has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to Pro Pc Care ’S “fair use” policy. Under this policy, if at any time, in Pro Pc Care ’S sole discretion, a subscription based 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, then Pro Pc Care reserves the right to suspend or termsinate Subscriber’s Subscription Services. In addition, Pro Pc Care reserves the right to suspend or termsinate any Subscription Services of any Subscriber that Pro Pc Care , in its sole discretion, determsines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may termsinate the Service at any time by giving written or electronic notice to Pro Pc Care ; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
Pro Pc Care 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 Pro Pc Care ’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.
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 Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
You may not create hyperlinks to any portion of the Pro Pc Care Portal, nor any Materials or Software posted therein.
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the Pro Pc Care Portal by current Pro Pc Care customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”. As a Guest you may use the Pro Pc Care Portal and Materials specifically designated as available to guests on the Pro Pc Care Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Pro Pc Care , (b) registering with Pro Pc Care and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
As permitted through a Service, you may use Materials and Software posted on the Pro Pc Care Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
Any other use of the Pro Pc Care Portal, Services, Materials or Software, other than as explicitly permitted by Pro Pc Care is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Pro Pc Care and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
You hereby acknowledge that circumstances outside of Pro Pc Care ’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 Pro Pc Care ’S ability to schedule a support session. You hereby release Pro Pc Care from any and all liability, and agree that Pro Pc Care shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Pro Pc Care 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.
“Services” shall not include the following:
For your convenience, Pro Pc Care may make available Materials or Software (as each terms is defined above) 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 use by you 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 Pro Pc Care Web site may be copied or retransmitted unless expressly permitted by Pro Pc Care . 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) – GENERALLY In connection with our Service, we may provide to you, the use of certain software which is owned by Pro Pc Care 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 Pro Pc Care or a third party. Your use of the Software is governed by the terms of that license agreement and by 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.
With regard to any Software made available to you by Pro Pc Care through the Pro Pc Care Portal for which your acceptance of a separate license agreement is not required (“Pro Pc Care Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Pro Pc Care to use the Pro Pc Care 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 Pro Pc Care Software. You agree that the Pro Pc Care Software is the confidential and proprietary information of Pro Pc Care 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 technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Pro Pc Care Software, or otherwise reduce the Pro Pc Care 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 Pro Pc Care 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 Pro Pc Care Software. You acknowledge that this license is not a sale of intellectual property and that Pro Pc Care 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 Pro Pc Care Software and related documentation, as well as any corrections, updates and upgrades. The Pro Pc Care Software may be used only in the country of residence at the time of acceptance of these terms for use of the Pro Pc Care Software. Export of the Pro Pc Care Software is strictly prohibited.
As part of the Services, Pro Pc Care may suggest that you acquire, install and use certain third party software or services (“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 Pro Pc Care assists you in the acquisition, installation, and/or use of Third Party Software. Pro Pc Care has no responsibility or 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 Pro Pc Care Software shall remain in full force and effect unless and until termsinated by Pro Pc Care , its third party licensors, providers or suppliers, or until your Service Plan is termsinated 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 Service Plan and the Pro Pc Care Software and immediately delete the Pro Pc Care 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 representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determsine 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.
As part of the Services, Pro Pc Care 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 Pro Pc Care may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Pro Pc Care ’S sole discretion, result in the TERMINATION of your customer account and use of service
Pro Pc Care 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 THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW Pro Pc Care TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Pro Pc Care SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE terms FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE terms AND CONDITIONS IN THIS DOCUMENT Pro Pc Care AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. Pro Pc Care AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pro Pc Care AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL Pro Pc Care AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER 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.
Notwithstanding anything to the contrary in no event shall Pro Pc Care be liable to you in excess of the amounts actually paid by you to Pro Pc Care under the Plan Order that is the subject of the dispute.
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.
Pro Pc Care at its sole election may termsinate or suspend your Service immediately without notice if, in the sole discretion of Pro Pc Care : (a) 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; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Pro Pc Care ’S network, or the use and enjoyment of Pro Pc Care ’S other users; (c) Pro Pc Care receives an order from a court to termsinate the Service you are availing ; (d) if Pro Pc Care for any reason ceases to offer the Service; (e) if you are no longer a Pro Pc Care customer, or (f) Pro Pc Care determsines that you are abusing the Service. Pro Pc Care , 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 be 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. Pro Pc Care ’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.
The Pro Pc Care Portal is available internationally and may contain references to Pro Pc Care products, services, and programs that are not available in a viewer’s country. These references do not imply that Pro Pc Care intends to make such products, services, or programs available in such country.
Pro Pc Care reserves the right to amend the terms and Condition, and the Pro Pc Care Portal at any time by (a) posting a revised version of the terms and Conditions on the Pro Pc Care Portal (http://www.propccare.com), or by (b) sending information regarding any amendment to the terms of Service to the email address you provide to Pro Pc Care in connection with registration. You are responsible for regularly reviewing the Pro Pc Care website to be notified of any amendments to the terms and Conditions.