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.
Malcomprise means Malcomprise Inc.
“MALCOMPRISE CERTIFIED TECHNICIAN/(S)”
“Malcomprise Certified Technician means” technicians and specialists certified by Malcomprise to perform the Services under this Agreement.
“Plans” or “Subscription/(s)” are tenured Subscription plans offered by Malcomprise that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
“SERVICES” AND “MALCOMPRISE PORTAL”
“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 Malcomprise Portal are the proprietary and copyrighted work of Malcomprise and/or its suppliers. The definition of “Materials” does not include the design or layout of the malcomprise.com web site or any other Malcomprise owned, operated, licensed or controlled website.
Trademark “Malcomprise” will be used by Malcomprise Inc. wherever applicable.
“Software” means a computer program of any kind, whether owned by Malcomprise 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 Malcomprise 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 Malcomprise Portal or by calling Malcomprise. Once Malcomprise accepts the Plan Order submitted by you, then you will receive an email from Malcomprise at the email address that you provide or have provided to Malcomprise as part of the Registration Process for the Services. Malcomprise is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Malcomprise of a Plan Order, you will have a Plan.
Subject to the Terms and Conditions, and other terms specific to each Plan, Malcomprise will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Malcomprise will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. 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 Malcomprise’s limited warranty, which is set forth below. For more information, please refer to online documentation. 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.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Malcomprise has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made.
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 Software License fees. License fees will be paid alongwith the Service Fee and shall remain valid for a period of 5 years from the date of subscription. While opting for an Upgrade of your services, you need to pay as per the terms of the Upgrade offer. 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 Malcomprise 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 Malcomprise services you were required to purchase to receive the special rate as notified to Malcomprise; or (3) You terminate the agreement/ Plan before the expiry of the relevant term.
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 Malcomprise 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 Malcomprise and/or any other company who bills products or services, or acts as billing agent for Malcomprise 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 Malcomprise with updated credit card information upon Malcomprise’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Malcomprise nor any Malcomprise 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 Malcomprise’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
As per our current policy, we do not have auto-renewal service to renew or upgrade the subscription plan automatically. If you want to renew your subscription plan, you have to either call us back on our toll free number or have to write us an email.
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.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though Malcomprise 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 Malcomprise’s “fair use” policy. Under this policy, if at any time, in Malcomprise’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 Malcomprise reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Malcomprise reserves the right to suspend or terminate any Subscription Services of any Subscriber that Malcomprise, 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 Malcomprise; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
Malcomprise 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 Malcomprise’s 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.
THIRD PARTY AGREEMENTS
As part of the Services, Malcomprise 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 Malcomprise may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Malcomprise’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
Malcomprise 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 Malcomprise TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE Malcomprise 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 PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
TERM AND TERMINATION
Malcomprise at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Malcomprise: (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, Malcomprise’s network, or the use and enjoyment of Malcomprise’s other users; (c) Malcomprise receives an order from a court to terminate the Service you are availing ; (d) if Malcomprise for any reason ceases to offer the Service; (e) if you are no longer a Malcomprise customer, or (f) Malcomprise determines that you are abusing the Service. Malcomprise, 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.
Malcomprise reserves the right to amend the Terms and Condition, and the Malcomprise Portal at any time by (a) posting a revised version of the Terms and Conditions on the Malcomprise Portal (www. malcomprise.com), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Malcomprise in connection with registration. You are responsible for regularly reviewing the Malcomprise website to be notified of any amendments to the Terms and Conditions.