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Terms And Conditions


These terms and conditions ("terms of use") state important requirements regarding your use of Pclogical’s website and Pclogical’s computer support service and your relationship with Pclogical . 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, and settlement of disputes by arbitration instead of in court. 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 Pclogical’s service.

IMPORTANT NOTICE :

Limited redemption period and refund rights: the right to a refund for one time services will expire within seven (7) calendar days from the date of purchase of the single incident service . In the event you can demonstrate that Pclogical has not provided the single incident service to your satisfaction, Pclogical will refund you the money you paid for the services, (less shipping, handling and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable) provided that your refund request is received by Pclogical your vendor or our customer service during the redemption period, using the contact details described in section 6 of the terms. if you have purchased subscription services, you may choose to cancel such subscription services and Pclogical will refund you the money paid for the subscription services, (less shipping, handling and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable) provided you have not availed any support service on your pc or other devices and that your refund request is received by Pclogical customer service within seven (7) days from the date of purchase of such subscription service. note: some states and jurisdictions do not allow for the limitation of refund rights as described in this clause so this clause may not apply to you. Furthermore this clause does not affect any other applicable refund rights. By clicking on the "i accept" or "i agree" button, or by your use of the services, you are deemed to have accepted and consented to be bound by the terms.

1. Services

1.1. Service Overview

1. Introduction: Services may include Services that are available on a single incident basis, for a fee ("Individual Services"); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee ("Subscription Services"). Pclogical shall provide the Services as set forth in the Terms. Pclogical’s service representative will attempt to provide to you the Services over the telephone, through a live chat session on your personal computer, remotely over the internet, or by email. Pclogical continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, Pclogical may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which Pclogical has already expressly agreed to provide to You.

ask You to install certain support software on Your personal computer by downloading the support software from the Site and/or ask for Your permission to use the remote assist tool through the Pclogical service representative to enable Pclogical to remotely access and take control of Your personal computer; and/or gather system data and modify computer settings in order to diagnose or repair a problem; utilize certain third party support software on Your personal computer, which will be removed upon the completion of the Services session. The support software (including any third party support software) and remote assist tool are owned by Pclogical or applicable third party licensors and suppliers and may be collectively referred to as the “Support Software Tool” in the Terms. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions.

2. Support Software Tool and Remote Access: During the Services session, Pclogical's may By electing to receive support, you agree to allow Pclogical to use whatever Support Software Tools are deemed necessary to repair your personal computer, including remote access. You understand that if remote access is used on your personal computer, there will be no residual software from the remote session; however, there may be a report created by xml or flash. You also understand that if you elect to install the Support Software Tool on Your computer, by downloading the Support Software Tool, You agree to use the Support Software Tool and its privacy policies and terms and conditions. In such case, you shall cease use of the Support Software Tool and remove it from your personal computer at the end of the Services support session.

3. Hardware and Peripherals: You agree that no hardware issues with your computer, devices or peripherals are covered under this agreement. If any hardware issue is reported it would be your responsibility to get the same rectified at your expense. Pclogical does not provide any express or other warranties for any hardware issues in your computer or peripherals.

4. Virus & Data Loss: You agree to indemnify Pclogical for any data loss arising due to presence of virus or malware in your computer. Pclogical technical associate would make all efforts to remove virus, malware, Trojans, adware and other malafide applications from your computer. However the data loss, theft caused by such software is outside the purview of this agreement and Pclogical would not be responsible for any such occurrences. In case your machine has been corrupted because of malfunctioning of operating system, software applications and or any other reason and needs to be formatted, you agree to indemnify Pclogical against any data loss that may occur in their period. Taking data backup of the machine would be your sole responsibility. Pclogical would not be responsible for any data loss that may occur during such an operation. Pclogical May, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Pclogical to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to You in the future. You also grant Pclogical permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.

2. 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. All payments against the plan orders will be collected by Pclogical . Pclogical 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 one time( for incident support ) or 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 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. 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 Pclogical 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 Pclogical services you were required to purchase to receive the special rate as notified to Pclogical ; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.

1. 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 Pclogical 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 Pclogical and/or any other company who bills products or services, or acts as billing agent for Pclogical 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 Pclogical with updated credit card information upon Pclogical’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Pclogical nor any Pclogical 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 Pclogical’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.

3. Pclogical’s right to terminate or modify Services

Pclogical may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. Your continued use of the Services constitutes your agreement to those modified terms of this Agreement and you acknowledge that Pclogical would not agree to provide the Services without that assent. In the event Pclogical modifies the Agreement or the Services, you may terminate the Services as provided above. Pclogical may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at Pclogical`s sole discretion. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Pclogical to effect such termination. Upon any termination of this Agreement (whether by you or Pclogical), you shall immediately discontinue use of the Services.

4. Privacy Policy

The Pclogical Privacy Policy which is an integral part of these Terms and Conditions. If you have not yet reviewed the Pclogical 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 Pclogical over the telephone, electronically or otherwise, is not confidential or proprietary to you.

5. No Unlawful or Prohibited use

As a condition of your use of the Pclogical Portal 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 Pclogical server, or the network(s) connected to any Pclogical server, or interferes with any other party's use and enjoyment of any of the Pclogical Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Pclogical Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Pclogical server or to any of the Pclogical Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Pclogical Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

6. Linking

You may not create hyperlinks to any portion of the Pclogical Portal, nor any Materials or Software posted therein.

7. Indemnity

You agree to indemnify, defend, and hold Pclogical, 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 Pclogical or any other third party. You will cooperate as fully as reasonably required in Pclogical’s defense of any claim. Pclogical 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 Pclogical. You agree immediately to notify Pclogical of any unauthorized use of your account or any other breach of security known to you.

8. Limited Services Warranty

Pclogical 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 Pclogical to reperform the services subject to dispute, (b) re-download and reinstall the software. some of the Pclogical 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 Pclogical 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. Pclogical 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. Pclogical 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 Pclogical 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.

9. Limitation of Liability

Notwithstanding anything to the contrary in no event shall Pclogical be liable to you in excess of the amounts actually paid by you to Pclogical under the Plan Order that is the subject of the dispute.

10. Limitations on Actions

Any cause of action by you must be commenced within three (3) months after the cause of action arose or it shall be forever waived and barred.

11. 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. Pclogical’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.

12. No Offer

The Pclogical Portal is available internationally and may contain references to Pclogical products, services, and programs that are not available in a viewer's country. These references do not imply that Pclogical intends to make such products, services, or programs available in such country.

13. Modification

Pclogical reserves the right to amend the Terms and Condition, and the Pclogical Portal at any time by (a) posting a revised version of the Terms and Conditions on the Pclogical Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Pclogical in connection with registration. You are responsible for regularly reviewing the Pclogical website to be notified of any amendments to the Terms and Conditions.

14. Third Party Products

As part of the Services, Pclogical 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 Pclogical assists you in the acquisition, installation, and/or use of Third Party Software. Pclogical 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 Pclogical Software shall remain in full force and effect unless and until terminated by Pclogical, 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 Pclogical Software and immediately delete the Pclogical 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.

15. Third Party Agreements

As part of the Services, Pclogical 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 Pclogical may elect to make available from time to time. Violation of such third party provider's terms of service may, in Pclogical’s sole discretion, result in the termination of your customer account and use of service.

16. Limited Licenses to use the Pclogical Portal, Materials and Software

As permitted through a Service, you may use Materials and Software posted on the Pclogical Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

17. General License Restrictions

Any other use of the Pclogical Portal, Services, Materials or Software, other than as explicitly permitted by Pclogical is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Pclogical and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

18. Availability of Services and Materials Uunder Force Majuere Circumstances

You hereby acknowledge that circumstances outside of Pclogical’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, act of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Pclogical’s ability to schedule a support session. You hereby release Pclogical from any and all liability, and agree that Pclogical shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Pclogical 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.

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 Pclogical 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 Pclogical 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 Pclogical Software With regard to any Software made available to you by Pclogical through the Pclogical Portal for which your acceptance of a separate license agreement is not required ("Pclogical Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Pclogical to use the Pclogical 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 Pclogical Software. You agree that the Pclogical Software is the confidential and proprietary information of Pclogical 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 Pclogical Software, or otherwise reduce the Pclogical 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 Pclogical 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 Pclogical Software. You acknowledge that this license is not a sale of intellectual property and that Pclogical 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 Pclogical Software and related documentation, as well as any corrections, updates and upgrades. The Pclogical Software may be used only in the country of residence at the time of acceptance of these terms for use of the Pclogical Software. Export of the Pclogical Software is strictly prohibited. 19. Consent to use of Electronic Signatures and Records As a convenience and courtesy to you, Pclogical provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking "I Agree" or "I Accept" anywhere on a Pclogical website: You agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement; You have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, and any policies and any amendments hereto or thereto; You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter; You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and, You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement. 20. Law; Forum This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the INDIAN PENAL COURT. By using the Services, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in New Delhi, INDIA.

Disclaimer : Pclogical, an independent Technical Support Service Provider, is not associated with any brand anyhow. For any third party content on this website, the company does not bear any liability. Our company duly respects the intellectual property rights and the trademarks, brand names and logos of other parties, which are provided on our site. We are only providing information and the property is solely of their respective owner. There is no accreditation to Pclogical related to these products. The services we offer is also available on the website of the brand owners .
 
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