Terms of Use
THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS
REGARDING YOUR USE OF TECH SUPPORT WIZ’S WEBSITE AND TECH SUPPORT WIZ’S COMPUTER SUPPORT
SERVICE AND YOUR RELATIONSHIP WITH TECH SUPPORT WIZ. YOU SHOULD READ THEM
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH
AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS
CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY
ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS
AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL
YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE
IMPLIED BY THE USE OF THE TECH SUPPORT WIZ SERVICE.
“AGREEMENT”
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER
SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER
AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND
TECH SUPPORT WIZ (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if it has
been acknowledged by Tech Support Wiz in writing or by an e-mail. You must agree to the Terms and Conditions
in order to be eligible to use the Tech Support Wiz Websites (defined below), or obtain Tech Support Wiz Services (defined
below).
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are
incorporated by reference to these Terms and Conditions.
“Content”
Software, Materials, Services and other related information are collectively referred to as “Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of.
“Tech Support Wiz Certified Technician/(s)”
“Tech Support Wiz Certified Technician means” technicians and specialists certified by Tech Support Wiz to perform the
Services under this Agreement.
“Subscription Based Plans”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Tech Support Wiz that
are active for a specified period and will not include any incident based plans such as “Per Incident Plan”
or the like.
“Services”
All references to “Services” refer to any Tech Support Wiz service delivered under the plan that you enter into with
Tech Support Wiz through use of the Tech Support Wiz Websites (defined below) or by calling the Tech Support Wiz’s phone
number mentioned on the Tech Support Wiz Websites. These Terms of Use govern all plans available through the
Tech Support Wiz’s Website, and any use of the Tech Support Wiz Websites. In the event of any conflict these Terms of
Use control any valid Plan Order form that you submit requesting Services (“Plan Order”).
“Materials”
“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 Tech Support Wiz Websites are the proprietary and copyrighted work of Tech Support Wiz and/or its
suppliers. The definition of “Materials” does not include the design or layout of the TechSupportWiz.org web site
or any other Tech Support Wiz owned, operated, licensed or controlled website.
“Software”
“Software” means a computer program of any kind, whether owned by Tech Support Wiz 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 Tech Support Wiz 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”).
Submission of Plan Orders; Service Plans
You may order Services by submitting Plan Orders through the Tech Support Wiz Websites or by calling Tech Support Wiz.
Once Tech Support Wiz accepts the Plan Order submitted by you, then you will receive an email from Tech Support Wiz at
the email address that you provide or have provided to Tech Support Wiz as part of the Registration Process for the
Services. Tech Support Wiz is not responsible for rendering Services in connection with any Plan Order that it has
not accepted. Upon acceptance by Tech Support Wiz of a Plan Order, you will have a Service Plan.
Undertaking
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Tech Support Wiz will address
your query using commercially reasonable efforts in providing appropriate solutions under the Services.
In most cases, Tech Support Wiz 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 Tech Support Wiz’s Limited Warranty, which is set forth below. 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.
Payment
Services against any Plan Order will be available once you have made payment for Services according to
the requirements of the corresponding Plan Order. Tech Support Wiz 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 Term 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 installments of the Service Fee, payable over a one (1)
year payment term, You may 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
term of one, two or three years (“Term 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 Tech Support Wiz services (“Bundle
Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you
signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of
the following occurs: (1) the Term Plan expires; (2) you drop one of the Tech Support Wiz services you were
required to purchase to receive the special rate as notified to Tech Support Wiz; or (3) You terminate the
agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing
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 Tech Support Wiz 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 Tech Support Wiz and/or any
other company who bills products or services, or acts as billing agent for Tech Support Wiz 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 Tech Support Wiz with updated credit card
information upon Tech Support Wiz’s request and any time the information you previously provided is no longer
valid. You acknowledge and agree that neither Tech Support Wiz nor any Tech Support Wiz 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 enroll,
in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may
be charged, at Tech Support Wiz’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 may, at our discretion, charge you an additional $15.00.
Renewal Policy
You acknowledge, that by authorizing Tech Support Wiz to charge Your credit card for Your Subscription Service,
You further authorize Tech Support Wiz to continue to charge Your credit card (or a replacement card, if the credit
issuing entity informs Tech Support Wiz that a replacement card has been issued) for all fees associated with a
Recurring Subscription Service, including renewals. You must contact Tech Support Wiz if You do not wish to
renew Your Recurring Subscription Service; if You do not contact Tech Support Wiz, the Recurring Subscription
Service that You selected will automatically renew for the same subscription duration that You initially
selected, at Tech Support Wiz’s then-applicable fees.
A subscription under the 1-year or 2-year or 3-year Annual Maintenance Plan does not automatically
renew and ends at the end of the applicable period.
Refund Policy
For subscription based plans, a full refund will be issued if Tech Support Wiz 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 Tech Support Wiz 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:
- You have all the prerequisites which were required to resolve the problem
- Issue was not resolved until the time account was active.
- 30 days have not passed after the issue was last worked upon by a Tech Support Wiz technician
Privacy Policy
The Tech Support Wiz’s Privacy Policy which is an integral part of these Terms and Conditions is incorporated
here by reference (http://www.TechSupportWiz.org/privacypolicy). If you have not yet reviewed the
Tech Support Wiz’s Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree
that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or
sent to Tech Support Wiz over the telephone, electronically or otherwise, is not confidential or proprietary to you.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services, Materials and Software are solely for your personal and noncommercial
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.
No Unlawful or Prohibited Use
As a condition of your use of the Tech Support Wiz Websites or any Services, you will not use the Materials,
Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not
use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair
any Tech Support Wiz server, or the network(s) connected to any Tech Support Wiz server, or interfere with any other
party’s use and enjoyment of any of the Tech Support Wiz Websites, the Materials, Software or Services. You may
not attempt to gain unauthorized access to any Tech Support Wiz Websites, the Materials, Software or Services,
other accounts, computer systems or networks connected to any Tech Support Wiz server or to any of the Tech Support Wiz
Websites, the Materials, Software or Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any Tech Support Wiz Websites, the Materials, Software or Services or
information through any means other than that specifically permitted to you under a Plan Order.
Fair Usage Policy; Suspension or Termination of Subscription:
Though Tech Support Wiz 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 Tech Support Wiz’s “fair use” policy. Under this policy, if at any time, in
Tech Support Wiz’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 Tech Support Wiz reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition,
Tech Support Wiz reserves the right to suspend or terminate any Subscription Services of any Subscriber that
Tech Support Wiz, in its sole discretion, determines 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 terminate the
Service at any time by giving written or electronic notice to Tech Support Wiz; provided, however, that User will
not be entitled to a refund of any fees prepaid by User for the Service.
Linking
You may not create hyperlinks to any portion of the Tech Support Wiz Websites, nor any Materials or Software
posted therein.
Indemnity
You agree to indemnify, defend, and hold Tech Support Wiz, its subsidiaries, affiliates, officers, directors,
employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from
and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual
attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or
abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user
of your account of any intellectual property or other right of Tech Support Wiz or any other third party. You will
cooperate as fully as reasonably required in Tech Support Wiz’s defense of any claim. Tech Support Wiz reserves the right,
at its own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without the written consent of
Tech Support Wiz. You agree immediately to notify Tech Support Wiz of any unauthorized use of your account or any other
breach of security known to you.
Limited Licenses to Use the Tech Support Wiz Websites, Materials and Software
As permitted through a Service, you may use Materials and Software posted on the Tech Support Wiz Websites, 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 Tech Support Wiz Websites, Services, Materials or Software, other than as explicitly
permitted by Tech Support Wiz is prohibited. Rights to execute, copy, modify, display, transmit, distribute,
manufacture, use, sale are all reserved to Tech Support Wiz and its suppliers. Reverse engineering and
decompilation of the Software is strictly prohibited.
User Responsibility
In connection with obtaining Services, you agree that you will:
- Basic Responsibilities: You agree that You are a legal license holder of the software on Your
personal computer and Your use of the Services and the internet is solely at Your own risk. By
electing to receive the Services, You confirm that You (a) have full access to Your hardware and
software that are the basis of the problem, and (b) have completed a back-up onto separate media
of any software or data on the hardware that may be impacted by the Services. All information
that You provide to Tech Support Wiz is accurate, including Your name and address, and if applicable, any
credit or charge card numbers, expiration dates or any other payment information provided by
you to Tech Support Wiz.
- Liability Release: To the extent permitted by applicable law, Tech Support Wiz will have no liability for
loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the
Services or any act or omission, including negligence, by Tech Support Wiz and/or its representatives. If
Tech Support Wiz works with You on any password or other access control oriented problems, Tech Support Wiz
strongly recommends that You reset such passwords(s) immediately following the completion of
the Services.
- Transfer: The Subscription-Based-Services are only transferable once during the subscription
period from one computer to another, provided it is owned by you. You may not use the Services
in connection with a service bureau or any other distributing or sharing arrangement, on behalf of
any third parties or with respect to any hardware or software not personally owned by You.
- Data Backup: Tech Support Wiz does not provide data backup or restoration services. You are solely
responsible for maintaining and backing up all information, data, text or other materials
(collectively “customer data”) and software stored on your computer and storage media before
ordering the services. You acknowledge and agree that Tech Support Wiz or its referral partners have no
responsibility or liability under any circumstance at any time for any loss or corruption of
customer data, software or hardware that may arise out of the services. Tech Support Wiz does not provide
backup copies or support installation of unlicensed software to customers. Please ensure that you
have a licensed copy of all necessary software.
- Cooperate with the Tech Support Wiz Technician: We will use commercially reasonable efforts to provide
the support to you. Our experience shows that most issues can be corrected as a result of close
cooperation between you and the technician. Please listen carefully to the technician and follow
the technician’s instructions. You must confirm that the following conditions are true:
o 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;
o You must have knowledge regarding the hardware system, any software involved, and in
the facts and circumstances surrounding the incident;
o The full system, including software and hardware, is available to you and accessible by
you without limit during any discussions with Tech Support Wiz support personnel.
Availability of Services and Materials Under Force Majuere Circumstances
You hereby acknowledge that circumstances outside of Tech Support Wiz’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 Tech Support Wiz’s ability to schedule a support session. You hereby release Tech Support Wiz from any and all
liability, and agree that Tech Support Wiz shall not be liable to you or any third party for any direct or indirect
damages whatsoever, resulting from such delays.
Tech Support Wiz 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:
o External causes such as accident, abuse, misuse, or problems with electrical power;
o Usage that is not in accordance with product instructions provided by manufacture;
o Failure to follow the product instructions provided by manufacture or failure to perform
preventive maintenance; or
o Problems caused by using accessories, parts, or components not compatible with the
product.
o Non Compliance with the Tech Support Wiz technician instructions for resolving the query.
o Malfunction of hardware such as printer, power-supply, memory, processor, monitor or
any other such hardware components.
Notice Specific to Materials and Software Available on the Tech Support Wiz Websites, or Through a
Service
For your convenience, Tech Support Wiz may make available Materials or Software (as each term 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 Tech Support Wiz Web site may be copied or retransmitted unless
expressly permitted by Tech Support Wiz.
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
Tech Support Wiz 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 Tech Support Wiz 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.
Eula for Tech Support Wiz Software
With regard to any Software made available to you by Tech Support Wiz through the Tech Support Wiz Websites for which
your acceptance of a separate license agreement is not required (“Tech Support Wiz Software”), you are hereby
granted a revocable, non-exclusive, non-transferable license by Tech Support Wiz to use the Tech Support Wiz 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 Tech Support Wiz Software. You agree that the Tech Support Wiz Software is the
confidential and proprietary information of Tech Support Wiz 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 decompile,
reverse technician, disassemble, attempt to discover any source code or underlying ideas or
algorithms of the Tech Support Wiz Software, or otherwise reduce the Tech Support Wiz 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 Tech Support Wiz 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 Tech Support Wiz Software. You acknowledge that this license is not a sale of intellectual property and that
Tech Support Wiz 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 Tech Support Wiz
Software and related documentation, as well as any corrections, updates and upgrades. The Tech Support Wiz
Software may be used only in the country of residence at the time of acceptance of these terms for use of
the Tech Support Wiz Software. Export of the Tech Support Wiz Software is strictly prohibited.
Third Party Products
As part of the Services, Tech Support Wiz 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 Tech Support Wiz assists you in the
acquisition, installation, and/or use of Third Party Software. Tech Support Wiz 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 Tech Support Wiz Software shall remain in full force and effect unless and until terminated by
Tech Support Wiz, 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 Service Plan and the Tech Support Wiz Software and immediately delete
the Tech Support Wiz 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 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, Tech Support Wiz 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, Websites, training, music,
gaming and storage services that Tech Support Wiz may elect to make available from time to time. Violation of
such third party provider’s terms of service may, in Tech Support Wiz’s sole discretion, result in the termination of
your customer account and use of service.
Limited Service Warranty
TECH SUPPORT WIZ 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
TECH SUPPORT WIZ TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND
REINSTALL THE SOFTWARE.
SOME OF THE TECH SUPPORT WIZ 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
TECH SUPPORT WIZ 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. TECH SUPPORT WIZ
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 NONINFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
TECH SUPPORT WIZ 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 TECH SUPPORT WIZ 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.
Limitation of Liability
Notwithstanding anything to the contrary in no event shall Tech Support Wiz be liable to you in excess of the
amounts actually paid by you to Tech Support Wiz under the Plan Order that is the subject of the dispute.
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall
be forever waived and barred.
Term and Termination
Tech Support Wiz at its sole election may terminate or suspend your Service immediately without notice if, in the
sole discretion of Tech Support Wiz: (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, Tech Support Wiz’s network, or the use and enjoyment of Tech Support Wiz’s other users; (c)
Tech Support Wiz receives an order from a court to terminate the Service you are availing ; (d) if Tech Support Wiz for any
reason ceases to offer the Service; (e) if you are no longer a Tech Support Wiz customer, or (f) Tech Support Wiz
determines that you are abusing the Service. Tech Support Wiz, 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.
Severability; Waiver
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. Tech Support Wiz’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.
No Offer
The Tech Support Wiz Websites is available internationally and may contain references to Tech Support Wiz products,
services, and programs that are not available in a viewer’s country. These references do not imply that
Tech Support Wiz intends to make such products, services, or programs available in such country.
Modification
Tech Support Wiz reserves the right to amend the Terms and Condition, and the Tech Support Wiz Websites at any time by
(a) posting a revised version of the Terms and Conditions on the Tech Support Wiz Websites (
http://www.TechSupportWiz.org/terms.pdf), or by (b) sending information regarding any amendment to the
Terms of Service to the email address you provide to Tech Support Wiz in connection with registration. You are
responsible for regularly reviewing the Tech Support Wiz website to be notified of any amendments to the Terms
and Conditions.
ARBITRATION AND CLASS ACTION WAIVER
Arbitration
The Terms will be governed by the laws of the State of Connecticut, United States of America. The
Terms are the entire agreement between You and Tech Support Wiz relating to the Services and : (i) supersede all
prior or contemporaneous oral or written communications, proposals, and representations with respect to
its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order,
acknowledgment, or similar communications between the parties. The Terms shall terminate immediately
upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers
of warranties and damages and limitations on liability set forth in the Terms shall survive termination.
Before you take a dispute to arbitration or to small claims court, you must first contact us by writing us
and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought
(“Demand”) and give us an opportunity to resolve the dispute.
Class Action Waiver
The Parties hereby expressly agree that any Claim must be brought in the respective party’s individual
capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple
plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any
Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims
or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any
claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may
be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES
UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A
COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS
OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE
ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE
STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT.
Should You have any questions concerning the Terms, or if You desire to contact Tech Support Wiz for any
reason, please write to:
(i) support@techsupportwiz.org