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.
"TSG CERTIFIED TECHNICIAN/(S)":“TSG Certified Technician means” technicians and specialists certified by TSG to perform the Services under this Agreement. “PLANS”: “Plans” or “Subscription/(s)” are tenured Subscription plans offered by TSG that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
SERVICES” AND “TSG PORTAL”
“Software” means a computer program of any kind, whether owned by TSG 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 TSG 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”).
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. TSG has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made. You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee and/or TechGenie License 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, all payments fees shall be made in advance apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, 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/TechGenie License Fee) can be refunded as per the provisions of Refund specified herein. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Plan. When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). Plans can also have TechGenie License fees. 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 TSG services you were required to purchase to receive the special rate as notified to TSG; or (3) You terminate the agreement/ Plan before the expiry of the relevant term.
CREDIT CARD BILLING
ou 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 TSG 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 TSG and/or any other company who bills products or services, or acts as billing agent for TSG 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 TSG with updated credit card information upon TSG’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TSG nor any TSG 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 TSG’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 $15.00.
RENEWAL POLICY/UPGRADE POLICY
ou agree and acknowledge that your Subscription under the Plan will automatically renew for the same period as mentioned in your Plan, unless notified otherwise by You (“Auto Renewal”). However, a Plan and/or an antivirus or/a warranty purchased from TSG shall be automatically renewed (in accordance with the terms of the Plan) only after we send you an email id (registered with TSG) 30 days before the expiry of your subscription term notifying you about the automatic renewal of your Plan with an option of opting out from the automatic renewal and only if you do not opt out, Your credit card, which was used in paying for the original Plan or any other purchase from us 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 TSG. In some cases, TSG may offer Upgrade Offers to you. Upon your acceptance of such Upgrade Offer, your credit card, which was used in paying for the original Plan or any other purchase from us, will be charged with the amount mentioned in the Upgrade Offer. If you would like to opt out of the Auto Renewal, please call us at 1-844-703-1130 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at Support@techshieldgator.com
In connection with obtaining Services, you agree that you will:
- Cooperate with the TSG 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 TSG support personnel.
- Software/Data Backup: You understand and agree that TSG shall under no circumstance be responsible for any lost or corrupted software or data. TSG 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 TSG immediately of any unauthorized use of your account or any other breach of security. TSG 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 TSG 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”
- 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 TSG technician instructions for resolving the query.
THIRD PARTY PRODUCTS
As part of the Services, TSG 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 TSG assists you in the acquisition, installation, and/or use of Third Party Software. TSG 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 TSG Software shall remain in full force and effect unless and until terminated by TSG, 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 TSG Software and immediately delete the TSG 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.