THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Smart365 SUPPORT’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Smart365 SUPPORT. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE SMART365 SERVICE.
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY (“AUP”) AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND SMART365 (THE “AGREEMENT”). You must agree to the Terms and Conditions in order to be eligible to use the SMART365 Portal (defined below), or obtain Services (defined below). If you choose not to submit a Plan Order, then the entire “Agreement” between you and SMART365 consists of these Terms and Conditions, and the AUP and the Privacy Policy.
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and AUP and are incorporated by reference to these Terms and Conditions.
“You” means you individually, any person, including any employer that you are acting on behalf of.
” SMART365” is the service mark of Customer Focus Services. All references to SMART365 refer to Customer Focus Services .Smart365 is an independent service provider of remote tech support. Third party trademarks, brand names, products and services is only referential and SMART365 hereby disclaims any sponsorship, affiliation or endorsement of or by any such third party. SMART365 provides support for Microsoft products.
All references to “Services” refer to any SMART365 service plan that you enter into with SMART365 through use of the SMART365 web portal located at www.Smart365.com.au (the “SMART365 Portal”). These Terms and Conditions govern all plans available through the SMART365 Portal, and any use of the SMART365 Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services (“Plan Order”).
“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 SMART365 Portal said materials are the proprietary and copyrighted work of SMART365 and/or its suppliers. The definition of “Materials” does not include the design or layout of the Smart365 SUPPORT Web site or any other SMART365 owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by SMART365 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.
You may order Services by submitting Plan Orders through the SMART365 Portal. Once SMART365 accepts the Plan Order submitted by you, then you will receive an email from SMART365 at the email address that you provide or have provided to SMART365 as part of the Registration Process for the Services. SMART365 is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by SMART365 of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, SMART365 will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, SMART365 will attempt problem diagnosis and a solution over the telephone, through chat or email. All undertakings under Service Plans are subject to Smart365 SUPPORT’s Limited Warranty, which is set forth below. For more information, call 02 8015 5019
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. SMART365 has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.
If the payment has been made through E-Check in case of return of check due to NSF there will an additional fee of $75 for each NSF return.
If you choose to cancel your support service, you will need to contact our Billing Department for a refund. You can contact them at 02 8015 5019. You can also contact us by clicking on the “Help Icon” that is placed on your computer’s Desktop.
Please be advised that for subscription plans service fee of $149.99 per resolved incident and cancellation fees of $49.99 do apply. If we cannot resolve your initial issue, then you will receive the appropriate reimbursement from our Billing Department.
For incident based plans, you will be eligible for refund when any of the following criterion are met: You have all the prerequisites which were required to resolve the problem and Issue was not resolved by an SMART365 technician. 30 days have not passed after the issue was last resolved by an SMART365 technician.
If your subscription plan included any software, the price of the software will not be refunded in case of cancellation of service.
The cloud backup provided is valid and active only till you are signed up with us. If you cancel the plan or if your plan expires and you chose not to renew the plan, the cloud backup account will be deactivated and any data that might have been saved in the backup space will get deleted.
MEMBERSHIP EXPIRATION DATE AND AUTOMATIC RENEWALS (RECURRING BILLING)
The SMART365 Privacy Policy which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the SMART365 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 SMART365 over the telephone, electronically or otherwise, is not confidential or proprietary to you.
The SMART365 Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the SMART365 AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the SMART365 Portal, the Services, and/or any Materials will conform to and be governed by the AUP specifically, as well as these Terms and Conditions and the Privacy Policy generally.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. SMART365 has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.
As a Guest you may use the SMART365 Portal and Materials (defined below) specifically designated as available to guests on the SMART365 Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by SMART365
, (b) registering with SMART365 and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
SMART365 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 SMART365 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.
As permitted through a Service, you may use Materials and Software (as defined below) posted on the SMART365 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 SMART365 Portal, Services, Materials or Software, other than as explicitly permitted by SMART365 is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to SMART365 and its suppliers. Reverse engineering and de compilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
1. Cooperate with the SMART365 Engineer: 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 engineer. Please listen carefully to the engineer and follow the engineer’s instructions. You must confirm that the following conditions are true:
1.1 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.
1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident.
1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions or Remote technical support with SMART365 support personnel.
2. Software/Data Backup: You understand and agree that SMART365 shall under no circumstance be responsible for any lost or corrupted software or data. SMART365 strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
3. Account, Password, and Security: You agree to notify SMART365 immediately of any unauthorized use of your computer or any other breach of security. SMART365 will not be liable for any loss that you may incur as a result of someone else using your computer, either with or without your knowledge. However, you could be held liable for losses incurred by SMART365 or another party due to someone else using your computer.
You hereby acknowledge that circumstances outside of Smart365 SUPPORT’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 Smart365 SUPPORT’s ability to schedule a support session. You hereby release SMART365 from any and all liability, and agree that SMART365 shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. SMART365 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:
1. Any item or activity not covered by the terms of a Plan Order.
2. Service beyond the duration limitations identified in your Plan Order.
3. 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.
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan.
5. Problems that may and do result from:
5.1 External causes such as accident, abuse, misuse, or problems with electrical power.
5.2 Usage that is not in accordance with product instructions provided by manufacture.
5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance.
5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
5.5 Non-Compliance with the SMART365 engineer instructions for resolving the query.
For your convenience, SMART365 may make available Materials or Software (as each term is defined below) 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 SMART365 Web site may be copied or retransmitted unless expressly permitted by Smart365 SUPPORT.
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)- GENERAL
In connection with our Service, we may provide to you certain software which is owned by SMART365 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 SMART365 or a third party. Your use of the Software is governed by the terms of both that license agreement and 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 SMART365 through the SMART365 Portal for which your acceptance of a separate license agreement is not required (“SMART365 Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by SMART365 to use the SMART365 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 SMART365 Software. You agree that the SMART365 Software is the confidential and proprietary information of SMART365 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 engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the SMART365 Software, or otherwise reduce the SMART365 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 SMART365 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 SMART365 Software. You acknowledge that this license is not a sale of intellectual property and that SMART365 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 SMART365 Software and related documentation, as well as any corrections, updates and upgrades.
As part of the Services, SMART365 may suggest that you acquire, install and use certain third party software (“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 or not SMART365 directly assists you in the acquisition, installation, and/or use of Third Party Software. SMART365 has no 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 SMART365 Software shall remain in full force and effect unless and until terminated by Smart365 SUPPORT, 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 SMART365 Software and immediately delete the SMART365 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 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.
As part of the Services, SMART365 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 SMART365 may elect to make available from time to time. Violation of such third party provider’s terms of service may, in SMART365 sole discretion, result in the termination of your customer account and use of service.
SMART365 is an independent service provider of remote tech support. Third party trademarks, brand names, products and services is only referential and SMART365 hereby disclaims any sponsorship, affiliation or endorsement of or by any such third party. If your product is under warranty, the repair service maybe available free at the manufacturer’s support website.
LIMITED SERVICE WARRANTY
SMART365 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 SMART365TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (b) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
All ONE TIME FIX services are warranted for a period of 30 days. There is no warranty for removal of viruses, spyware, adware or malware if your actions are the cause of the repeated problem. You may be charged again for that service.
SMART365 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. SMART365 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS 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 TYPO GRAPHICAL ERRORS. CHANGES AREPERIODICALLY ADDED TO THE INFORMATION HEREIN. SMART365AND/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 SMART365 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, 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 SMART365 be liable to you in excess of the amounts actually paid by you to SMART365 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.
SMART365 at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of SMART365:
(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, SMART365 network, or the use and enjoyment of SMART365 other users.
(c) SMART365 receives an order from a court to terminate the Service you are using .
(d) if SMART365 for any reason ceases to offer the Service.
(e) if you are no longer a SMART365 customer, or
(F) SMART365 determines that you are abusing the Service.
SMART365, 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. SMART365
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 SMART365 Portal is available internationally and may contain references to SMART365 products, services, and programs that are not available in a viewer’s country. These references do not imply that SMART365 intends to make such products, services, or programs available in such country.
SMART365 reserves the right to amend the Terms and Condition, and the SMART365 Portal at any time by (angel) posting a revised version of the Terms and Conditions on the SMART365 Portal, or by (beer) sending information regarding any amendment to the Terms of Service to the email address you provide to SMART365 in connection with registration. You are responsible for regularly reviewing the SMART365 website to be notified of any amendments to the Terms and Conditions. Your use of the SMART365 Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
TTS reserves the right to remove Content and Accounts containing content that in its discretion is unlawful, threatening, offensive, libelous, defamatory, pornographic and objectionable. This would amount to violating our terms of service.
Any verbal, physical or written abuse (including threats of abuse or retribution) of an employee would result in immediate account termination.
SMART365 reserves the right to either suspend or terminate an account and refuse any current or future use of the Service. The reasons for such an action can be related to unauthorized access of a portal, servers and databases, abusive behavior, data theft, improper utilization of services, availing services for PC other than the one currently registered with OTS. The termination of service would not only lead to deactivation or deletion of an account but also access to any Support Service.
Use of any illegal software would result in cancellation of an account by SMART365
SMART365 holds the right to refuse services to a client at any time without any prejudice
You agree that the terms and conditions mentioned here automatically gets applied to any and all subsequent services that you may purchase from us in future