(THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by propcdefender in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the propcdefender Portal (defined below), or obtain Services (defined below).
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.
propcdefender means propcdefender LLC and/or any of its affiliates, wherever applicable.
"propcdefender CERTIFIED TECHNICIAN/(S)"
"propcdefender Certified Technician means" technicians and specialists certified by propcdefender to perform the Services under this Agreement.
"Plans" or "Subscription/(s)" are tenured Subscription plans offered by propcdefender that are active for a specified period and will 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 propcdefender Portal are the proprietary and copyrighted work of propcdefender and/or its suppliers. The definition of “Materials” does not include the design or layout of the propcdefender.com web site or any other propcdefender owned, operated, licensed or controlled website.
Trademark propcdefender may be used by propcdefender LLC or and/or any of its affiliates, wherever applicable.
"Software" means a computer program of any kind, whether owned by propcdefender 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 propcdefender 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;
You may order Services by submitting Plan Orders through the propcdefender Portal or by calling propcdefender . Once propcdefender accepts the Plan Order submitted by you, then you will receive an email from propcdefender at the email address that you provide or have provided to propcdefender as part of the Registration Process for the Services. propcdefender is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by propcdefender of a Plan Order, you will have a Plan.
Subject to the Terms and Conditions, and other terms specific to each Plan, propcdefender will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, propcdefender will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access software tools and utilities. 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 Plans are subject to propcdefender ’s limited warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 800-237-3901. 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.
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 propcdefender 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 propcdefender and/or any other company who bills products or services, or acts as billing agent for propcdefender 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 propcdefender with updated credit card information upon propcdefender request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither propcdefender nor any propcdefender 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 propcdefender 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 $15.00.
For plans, a full refund will be issued if propcdefender 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 issues resolved within first 30 days, the fees for the Subscription Service will not be refundable. However, after 30 days of purchase of Plan, no refund shall be made by propcdefender.
Notwithstanding this propcdefender 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. Refund amount shall be directly credited to the credit card, the details of which are registered with propcdefender. On the specific request of the subscriber propcdefender may process the refund in some other account subject to submission of such documents/information as may be asked by propcdefender for the said purpose.
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 and Issue was not resolved till the time account was active.
-The issue is out of scope for the particular plan
-15 days have not passed after the issue was last worked upon by propcdefender technician
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your 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 Plan.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though propcdefender has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to propcdefender’s "fair use" policy. Under this policy, if at any time, in propcdefender ’s sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then propcdefender reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, propcdefender reserves the right to suspend or terminate any Subscription Services of any Subscriber that propcdefender, 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 propcdefender; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
Please note that the charge on your credit card will appear on your credit card statement as any one of the following – “Mycharge.propcdefender.com” or “Charge.propcdefender.com” or “Pay.propcdefender.com” or “Yourcharge.propcdefender.com” or “Fee.propcdefender.com” or “propcdefender TechSupport”.
In connection with obtaining Services, you agree that you will:
-Cooperate with the propcdefender 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:
-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;
-You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
-The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with propcdefender support personnel.
-Software/Data Backup: You understand and agree that propcdefender shall under no circumstance be responsible for any lost or corrupted software or data. propcdefender strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
-Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify propcdefender immediately of any unauthorized use of your account or any other breach of security. propcdefender will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by propcdefender or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
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 Plan;
- Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
- Problems caused by using accessories, parts, or components not compatible with the product.
- Non Compliance with the propcdefender technician instructions for resolving the query.
THIRD PARTY PRODUCTS
As part of the Services, propcdefender 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 propcdefender assists you in the acquisition, installation, and/or use of Third Party Software. propcdefender 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 propcdefender Software shall remain in full force and effect unless and until terminated by propcdefender , 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 Plan for any reason, you must cease all use of the Plan and the propcdefender Software and immediately delete the propcdefender 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, propcdefender 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 propcdefender may elect to make available from time to time. Violation of such third party provider’s terms of service may, in propcdefender’s sole discretion, result in the termination of your customer account and use of service.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall propcdefender be liable to you in excess of the amounts actually paid by you to propcdefender under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
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.
TERM AND TERMINATION
propcdefender at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of propcdefender : (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, propcdefender ’s network, or the use and enjoyment of propcdefender ’s other users; (c) propcdefender receives an order from a court to terminate the Service you are availing ; (d) if propcdefender for any reason ceases to offer the Service; (e) if you are no longer a propcdefender customer, or (f) propcdefender determines that you are abusing the Service. propcdefender , 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.