This GMS Technical Support Terms of Service ("Service Terms") is provided to you ("Customer") in connection with the GMS Technical Support Plan (the "Service") that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and GMS with respect to the Service.
DESCRIPTION OF SERVICE :
- Software Installation
- Software assessment and removal of viruses and malware
- Memory installation
- Computer tune-up, including operating software system updates, Speed Optimization and Junk Files Removal.
- Hard-drive data removal upon request
- Password reset
- Customer pre-requisites: The Service requires a functioning high-speed Internet connection and availability of remote connection.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE : GMS may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, GMS will notify you by posting the changes to the GMS website https://www.GMS.com, GMS reserves the right to modify or discontinue the Service with or without notice to Customer. GMS shall not be liable to Customer or any third party should GMS exercise its right to modify or discontinue the Service. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
CUSTOMER'S RESPONSIBILITY TO BACK-UP DATA : Customer agrees that prior to GMS servicing any Customer equipment it is Customer's responsibility to (1) back-up the data, software, information or other files stored on Customer's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer's product. Customer agrees that whether or not Customer requests back-up services from GMS and/or its third party service provider, neither GMS nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
LIMITATIONS TO SERVICE : GMS shall not be liable for any failure or delay in performance due to any cause beyond its control. GMS or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer's payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by GMS.
INDEMNIFICATION : Customer agrees to indemnify, defend, and hold harmless GMS (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defence, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by GMS by reason of, or arising from: (a) Customer's breach of this Agreement; (b) Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer's actual or alleged failure to promptly pay sums due GMS or third parties; (d) Customer's failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES : customer expressly agrees that use of the service is at customer's sole risk. The service is provided on an "as is" and "as available" basis. GMS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement. GMS makes no warranty that the service will meet customer's requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does GMS make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service. Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at customer's own discretion and risk and that customer will be solely responsible for any damage to customer's computer/system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by customer from GMS or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to each customer.
LIMITATION OF LIABILITY : GMS shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of customer's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if GMS has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to each customer. It is Customer's responsibility to back-up the software and data that is stored on Customer's computers, hard disk drive(s), and/or on any other storage devices Customer may have, and GMS shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. GMS shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by GMS. Notwithstanding any language to the contrary, GMS’s maximum liability to Customer arising from or related to GMS under this Agreement shall be limited to the sums paid by Customer to GMS under this Agreement during the three months prior to the time the cause of action arose.
DISCLAIMER : In a credit/debit card transaction, User must use a credit /debit card that is issued in the name of the User. The Company or its directors and employees will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User, and the onus to 'prove otherwise' shall be exclusively on the User. In case of satisfactory delivery of services ordered via a fraudulent transaction on a credit card/debit card (caused due to user’s negligence, hacking by third party or otherwise), chargeback or refund shall not be permissible OR In case of a fraudulent transaction on a credit card /debit card, User may report the matter on immediate basis at their user box for claiming refund or chargeback. When a User makes a payment on the Website using any of the available modes of payment, his/her payment is processed by a third- party payment gateway, and in most cases any information entered by him/her in this regard is not visible to Company. A User also understands and agrees that a payment made through any mode of payment available on the Website may also be rejected by the payment gateway for several other reasons independent from Company. In case of payments made using a payment card, Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction for any reason and in such cases, there will be deemed to be no successful purchase by a User and the User shall be accordingly notified instantaneously.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION : Though GMS 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 GMS’S “fair use” policy. Under this policy, if at any time, in GMS’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, and then GMS reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, GMS reserves the right to suspend or terminate any Subscription Services of any Subscriber that GMS, 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 GMS; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.