THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF TECWHIZ’S WEBSITE AND TECWHIZ’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH TECWHIZ. 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, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. 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 TECWHIZ SERVICE.

“AGREEMENT”
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND TECWHIZ (THE “AGREEMENT”). The Plan Order will form the part of the“Agreement” only if it has been acknowledged by Tecwhizin writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Tecwhiz Websites (defined below), or obtain Tecwhiz Services (defined below).

DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“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.“

Tecwhiz Certified Technicians/(s)

”Tecwhiz Certified Technician means” technicians and specialists certified by Tecwhiz to perform the Services under this Agreement.

“Subscription Based Plans”

“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Tecwhiz that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.

“Services”

All references to “Services” refer to any Tecwhiz service delivered under the plan that you enter into with Tecwhiz through use of the Tecwhiz Websites (defined below) or by calling the Tecwhiz’s phone number mentioned on the Tecwhiz Websites . These Terms of Use govern all plans available through the Tecwhiz’s Website, and any use of the Tecwhiz Websites. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services (“Plan Order”).

“Materials”

“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 Tecwhiz Websitesare the proprietary and copyrighted work of Tecwhiz and/or its suppliers. The definition of “Materials” does not include the design or layout of the Tecwhiz.net web site or any other Tecwhiz owned, operated, licensed or controlled website.

“Software”

“Software” means a computer program of any kind, whether owned by Tecwhiz 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 Tecwhiz 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; Service Plans

You may order Services by submitting Plan Orders through the Tecwhiz Websites or by calling Tecwhiz . Once Tecwhiz accepts the Plan Order submitted by you, then you will receive an email from Tecwhiz at the email address that you provide or have provided to Tecwhiz as partof the Registration Process for the Services. Tecwhiz is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Tecwhiz of a Plan Order, you will have a Service Plan.

Undertaking

Subject to the Terms and Conditions, and other terms specific to each Service Plan, Tecwhiz Will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Tecwhiz 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 at was done on your computer. If such a text file isplaced 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 Service Plans are subject to Tecwhiz’s Limited Warranty, which is set forth below. 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.

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.
Tecwhiz 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 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, apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You may 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, where such plan maybe for a term of one, two or three years (“Term 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 Tecwhiz 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 Tecwhiz services you were required to purchase to receive the special rate as notified to Tecwhiz ; or
(3) You terminate the agreement/Service 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 Tecwhiz 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 Tecwhiz and/or any other company who bills products or services, or acts as billing agent for Tecwhiz 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 suchamounts are paid in full. You agree to provide Tecwhiz with updated credit card information upont Tecwhiz’s request and any time the information you previously provided is no longer alid. You acknowledge and agree that neither Tecwhiz nor any Tecwhiz 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 Tecwhiz’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 may, at our discretion, charge you an additional $15.00.

Renewal Policy

You acknowledge, that by authorizing Tecwhiz to charge Your credit card for Your Subscription Service, You further authorize Tecwhiz to continue to charge Your credit card (or a replacement card, if the credit issuing entity informs Tecwhiz that a replacement card has been issued) for all fees associated with a Recurring Subscription Service, including renewals. You must contact Tecwhiz if You do not wish to renew Your Recurring Subscription Service; if You do not contact Tecwhiz, the Recurring Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at Tecwhiz's then - applicable fees.A subscription under the 1-year or 2-year or 3-year Annual Maintenance Plan does notautomatically renew and ends at the end of the applicable period.

No Unlawful or Prohibited Use

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

Fair Usage Policy; Suspension or Termination of Subscription:

Though Tecwhiz has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to Tecwhiz’s “fair use” policy. Under this policy, if at any time, in Tecwhiz’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Tecwhiz reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Tecwhiz reserves the right to suspend or terminate any Subscription Services of any Subscriber that Tecwhiz , 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 Tecwhiz ; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.