HIS TERMS OF SERVICE (the "Agreement") as well as the Support Plan selected by you ("You" or "Subscriber") when you register for the Febline INC (Febline INC), Febline INC (Febline INC) onsite IT support services (the "Services") constitutes the entire agreement between you and Febline INC (Febline INC) regarding the Services. Please read this Agreement carefully as it sets forth important terms and conditions regarding your use of the Services and Febline INC (Febline INC) obligations to provide the Services to You. In order to register for the Services, You acknowledge that you have agreed to all of the terms of this Agreement and that you have agreed to become a party to, and be legally bound by, this Agreement. If you have any questions regarding this Agreement, please contact firstname.lastname@example.org
1. Description of the Febline INC Services:
Subject to the terms and conditions set forth herein and the specifics of each Service Plan, Febline INC provides remote computer support to consumers of personal electronics via telephone, on-line chats, onsite and email. The products that are supported by Febline INC (the "Supported Products") and the Services are described in detail on the febline.com website. Services will be provided by Febline INC's IT support engineers ("ISEs") using commercially reasonable efforts to solve problems that arise in connection with Subscriber's proper and authorized use of the Supported Products. In order to facilitate the provision of the Services by Febline INC to Subscriber, it may be necessary for the ISE to access the Subscriber's computer system onsite or remotely via Remote Computer Control ("RCC") in order to diagnose errors, make required adjustments and corrections to configuration, and administer the system as necessary. By accepting this Agreement, You hereby consent to the use of RCC by Febline INC ISEs.
2. Subscriber's Obligations.
You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the ISE and the Subscriber. In order to facilitate the prompt resolution of support issues, Subscriber shall provide to Febline INC reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist Febline INC in its efforts to diagnose and correct problems. Subscriber shall listen carefully to the ISE at all times and follow the instructions issued by the ISE. Subscriber represents and warrants that it has working knowledge of its hardware system, any relevant software, and the facts and circumstances that give rise to a support incident. Subscriber shall ensure that the full system, including software and hardware, is available and accessible to Subscriber during a support session. Febline INC shall not be responsible for any lost or corrupted software or data. It is Subscriber's sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.
a) Supported Products that have been altered, damaged or modified
b) Services and products not included in your Service Plan
c) Problem diagnosis and support that may not be completed because of a problem with Your computer or other equipment, or because their configuration is beyond our control
d) Software, including the operating system and software which are not compatible with the hardware on which they are installed
e) Problems caused by External causes such as accident, abuse, misuse, or problems with electrical power
f) Problems caused by Usage that is not in accordance with product instructions provided by manufacture
g) Problems caused by Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance
h) Problems caused by Accessories, parts, or components not compatible with the product
i) Problems caused by Failure to follow instructions issued by the ISE
j) Problems caused by Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of Febline INC
4. Third Party Software.
Febline INC may suggest that you acquire, install and use certain third party software ("Third Party Software"). Febline INC 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. 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 prior to installation or use of the Third Party Software, even if Febline INC assists you in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which you licensed all Third Party Software or purchased any equipment. We do not warrant or represent 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.
You hereby understand that Febline INC will charge a non-refundable diagnostics fee of One Hundred and Forty Nine ($149.00) Dollars to the credit or debit card that you provide. Additionally, You hereby further authorize Febline INC to charge the credit or debit card that You provide at registration for the monthly fee associated with Your Service Plan (the "Monthly Fee") as it accrues on a monthly or other recurring basis as specified in your registration form. All Monthly Fees are non-refundable. You must notify Development Resources of any changes to your credit or debit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Febline INC from charging your account. If Febline INC is unable to collect the Monthly Fee from Your credit or debit card, Febline INC shall provide you with written notice of such non-payment and may, at Febline INC's option, extend the payment deadline to allow you to provide an alternate credit card number. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Febline INC. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other applicable taxes, other than taxes based on Febline INC's net income.
6. Term and Termination:
(a) Term. Unless earlier terminated pursuant to the provisions of this Section 6, this Agreement shall be effective upon registration and remain in effect for the term (the "Term") you selected at registration. Upon expiration of the Term, your subscription to the Services shall automatically renew on a monthly basis and Your Credit Card will be charged at the prevailing Monthly Fee for the Service Plan You selected at registration. If you would like to opt out of â€˜Auto Renewal', you must call 844-626-5597 or email customer service at least 30 days prior to the end of the Term.
(b) Termination for Cause. Febline INC may terminate or suspend Your Support Plan immediately without notice if, in the sole discretion of Febline INC:
(a) You are in breach of This Agreement (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 Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Febline INC's network, or the use and enjoyment of other Development Resources subscribers
(d) Febline INC ceases to offer the Services for any reason or
(f) Febline INC determines that You are abusing the Services. Febline INC shall incur no liability resulting from terminating or suspending Services to Subscriber.
7. Termination and Refund of Services:
You may cancel the Services at any time by providing Febline INC with a notice of your intent to cancel your services by sending an email to email@example.com or by calling 844-626-5597. You acknowledge that the cancellation will be effective from the beginning of the next month after you provide notification to Febline INC via the e-mail. Febline INC will provide you with email confirmation of both your request to cancel Services and the actual cancellation of Services. If you do not receive a confirmation of your request to cancel after sending an email or if you do not receive a confirmation of Service cancellation, you must notify Febline INC by sending an email to firstname.lastname@example.org or contacting Development Resources Customer Care by telephone. With the exception of the $149.00 Diagnostic Fee, You are entitled to receive 100% of your money back in case we are unable to solve even one your computer/peripherals related issues to your satisfaction, or not solved within the time frame promised to you. You must apply for this refund within 7 days of purchase of your plan. In order to avail the Money Back Guarantee, you are required to send an email to email@example.com stating your name, details of the plan and the reason for seeking a refund. We would revert to you within 3 working days on details of your refund. You will receive a refund or partial refund or any credits for any charges already billed to your account in proportion to the amount of time left in your subscription period. The time left in your account would be calculated to the nearest month left in your service period. For example if you have a 1 year subscription and you chose to cancel the subscription in the third month of service you would receive a refund for the nine months left in your service. A minimum of $149.99 will be deducted from each account per year of subscription at the time of cancellation. There would be no refunds in case of incident based support if at least one of your issues has been successfully resolved. In case you have used our service and still file a chargeback, your account would become ineligible to receive a refund from us
8. Personal Use Only:
Febline INC provides the Services for Your personal use and internal business purposes only to address the issues and Supported Products covered under your Support Plan. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Services.
9. Fair Use Policy:
User Conduct. Your use of the Services is subject to Febline INC's "fair use" policy pursuant to which Febline INC may suspend or terminate Your access to the Services if in Febline INC's sole discretion, You are abusing the Services by
(i) exceeding the level of use reasonably expected from someone using the relevant Support Plan; or
(ii) fraudulently allowing persons other than Subscriber to access the Services using Your Password. In the event of such termination or suspension, you will not be entitled to a refund of any prepaid Monthly Fees. You are solely responsible for the contents of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
10. Disclaimer of Warranties:
The Services shall consist of commercially reasonable technical support. Subscriber agrees that the use of the Services is at Subscriber's sole risk and that the Services are provided on an "AS IS" and "AS AVAILABLE BASIS". Febline INC makes no express or implied warranties or representations with respect to the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). Febline INC does not warrant that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does Febline INC make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. Febline INC provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any of your communications, data, or personalization settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
11. Limitation of Liability:
Neither Febline INC, nor its parents, subsidiaries, affiliates, officers or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use the Services or INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, Data or other intangibles, In any manner, however caused and on any theory of liability, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total and aggregate liability of Febline INC for any cause of action related to or arising under this Agreement exceed $5.00. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services.
You agree to immediately notify Company of and indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Services, (including the unauthorized use of Your account or any other breach of security known to You), the violation of this Agreement by You, or the infringement by You, or another user using Your computer, on any intellectual property or other right of any person or entity.
14. Proprietary Rights:
The Services, including, without limitation, any of Febline INC or its licensors' Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Febline INC and its licensors, and You shall have no interest in them whatsoever.
15. Modification or Discontinuation of the Services and/or this Agreement:
Febline INC may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof and/or amend the terms and conditions stated herein
(a) posting a revised version of the Terms of Service or a revised description of the Services on the Febline INC website, or by
(b) sending information regarding any amendment to the Terms of Service and changes to the Services to the email address You provide to Febline INC when you register for the Services. You are responsible for regularly reviewing the Febline INC website to be notified of any amendments to the Terms and Conditions or the Services. Your use of the Services after an amendment to the Terms and Conditions or the Services shall be deemed acceptance by you of such amendments or modifications.
Unless otherwise provided herein, notices given by Febline INC to you will be sent by e-mail to the e-mail address you provide to Febline INC as part of the registration process, or to updated addresses which you provide to Company via notice consistent with this paragraph. Notices given by you to Company must be given by e-mail to firstname.lastname@example.org or such updated address and number as Company may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail last provided by you to Company shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
17. Support Software Tool and Remote Access:
During the Services session, Febline INC may : (i) ask You to install certain support software on Your personal computer by downloading the support software from the Site and/or (ii) ask for Your permission to use the remote assist tool through the Febline INC service representative to enable Febline INC to remotely access and take control of Your personal computer; and/or (iii) gather system data and modify computer settings in order to diagnose or repair a problem; (iv) 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 Febline INC or applicable third party licensors and suppliers and may be collectively referred to as the "Support Software Tool" in the Terms and Conditions. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. By electing to receive support, you agree to allow Febline INC to use whatever Support Software Tools are deemed necessary to repair your personal computer, including remote access.