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. BITSNBYTESPC
Trademark “BITSNBYTESPC” is used by BITSNBYTES under an authorization from BITSNBYTESPC references to BITSNBYTESPC
BITSNBYTESPC Certified Technician/(s)
“BITSNBYTESPC Certified Technician means” technicians and specialists certified by BITSNBYTESPC to perform the Services under this Agreement.
Subscription Based Plans
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by BITSNBYTESPC that are active for a specified period and will not include any incident-based plans such as “Per Incident Plan” or the like.
Services AND BITSNBYTESPC Site
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 BITSNBYTESPC Website are the proprietary and copyrighted work of BITSNBYTESPC and or its suppliers. The definition of “Materials” does not include the design or layout of the BITSNBYTESPC website or any other BITSNBYTESPC owned, operated, licensed or controlled website.
Software means a computer program of any kind, whether owned by BITSNBYTESPC or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or computer management and network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both BITSNBYTESPC 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 BITSNBYTESPC site or by calling BITSNBYTESPC phone numbers. Once BITSNBYTESPC accepts the Plan Order submitted by you, then you will receive an email from BITSNBYTESPC at the email address that you provide or have provided to BITSNBYTESPC as part of the Registration Process for the Services. BITSNBYTESPC is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by BITSNBYTESPC of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, BITSNBYTESPC will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, BITSNBYTESPC will attempt problem diagnosis and solution through chat, email or physical visit to your address and other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to BITSNBYTESPC Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 888-611-0595. 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.
When you purchase our service, you understand that you are paying for computer repair service. When you purchase the service, you agree to a specific price Credit Card Billing: You may use your credit card to make the payment for the services; you need to go to our website https://www.bitsnbytespc.com and pay by submitting your credit information on a secured check out page.
Our website is SSL Certified and we ensure highest security measures for taking credit card payments.
For subscription-based plans, a full refund will be issued if BITSNBYTESPC has not been able to resolve a single issue for you within the first 30 days of the subscription. If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this, BITSNBYTESPC may, at its sole discretion and on a case-by-case basis, agree to a refund of fees. For incident-based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites which were required to resolve the problem and Issue was not resolved.
The issue is out of scope.
For incident-based plans, you will be eligible for refund for a period of 30 days after the service was performed by the BITSNBYTESPC’s technician. Requests for refunds must be made within 30 days from the service date. Requests for refunds after more than 30 days will be ineligible for a refund.
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 Service 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 Service Plan.
NO UNLAWFUL OR PROHIBITED USE
BITSNBYTESPC 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 BITSBYTESPC’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.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading BITSNBYTESPC or others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof. BITSNBYTESPC has no obligation to monitor the Communication Services. However, BITSNBYTESPC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. BITSNBYTESPC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
BITSNBYTESPC reserves the right at all times to disclose any information as BITSNBYTESPC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BITSNBYTESPC’ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the BITSNBYTESPC Portal, nor any Materials or Software posted therein.
GENERAL LICENSE RESTRICTIONS
Any other use of the BITSNBYTESPC Portal, Services, Materials or Software, other than as explicitly permitted by BITSNBYTESPC is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to BITSNBYTESPC and its suppliers. Reverse engineering and recompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the BITSNBYTESPC Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with BITSNBYTESPC support personnel.
Software/Data Backup: You understand and agree that BITSNBYTESPC shall under no circumstance be responsible for any lost or corrupted software or data. BITSNBYTESPC strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify BITSNBYTESPC immediately of any unauthorized use of your account or any other breach of security. BITSNBYTESPC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BITSNBYTESPC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of BITSNBYTESPC reasonable control (e.g., acts of God, a large-scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in BITSNBYTESPC ‘S ability to schedule a support session. You hereby release BITESNBYTESPC from any and all liability, and agree that BITSNBYTESPC shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. BITSNBYTESPC 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.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
Any item or activity not covered by the terms of a Plan Order;
Service beyond the duration limitations identified in your Plan Order;
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product. Non-Compliance with the BITSNBYTESPC technicians’ instructions for resolving the query. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE BITSNBYTESPC GLOBAL INC.PORTAL, OR THROUGH A SERVICE For your convenience, BITSNBYTESPC may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to the EULA, and the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any BITSNBYTESPC Web site may be copied or retransmitted unless expressly permitted by BITSNBYTESPC WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
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 BITSNBYTESPC 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 BITSNBYTESPC 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.
THIRD PARTY PRODUCTS
As part of the Services, BITSNBYTESPC 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 BITSNBYTESPC assists you in the acquisition, installation, and/or use of Third-Party Software. BITSNBYTESPC 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.
THIRD PARTY AGREEMENTS
As part of the Services, BITSNBYTESPC 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 BITSNBYTESPC may elect to make available from time to time. Violation of such third-party provider’s terms of service may, in BITSNBYTESPC ‘S sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
BITSNBYTESPC 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 BITSNBYTESPC TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE BITSNBYTESPC 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 BITSNBYTESPC 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. BITSNBYTESPC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARDS 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. BITSNBYTESPC 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 BITSNBYTESPC 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.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall BITSNBYTESPC be liable to you in excess of the amounts actually paid by you to BITSNBYTESPC under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
BITSNBYTESPC at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of BITSNBYTESPC. In case if you found notwithstanding the following terms and conditions your services may be put on hold or terminate with immediate effect: 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; Your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, BITSNBYTESPC network, or the use and enjoyment of BITSNBYTESPC other users;
BITSNBYTESPC receives an order from a court to terminate the Service you are availing; If BITSNBYTESPC for any reason ceases to offer the Service; if you are no longer a BITSNBYTESPC customer, or BITSNBYTESPC determines that you are abusing the Service. BITSNBYTESPC, 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.
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. BITSNBYTESPC 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.
The BITSNBYTESPC Site is available internationally and may contain references to BITSNBYTESPC products, services, and programs that are not available in a viewer’s country. These references do not imply that BITSNBYTESPC intends to make such products, services, or programs available in such country.
BITSNBYTESPC reserves the right to amend the Terms and Condition, and the BITSNBYTESPC Site at any time by Posting a revised version of the Terms and Conditions on the BITSNBYTESPC Site i.e., the https://www.bitsnbytespc.com/terms-and-conditions/ or by Sending information regarding any amendment to the Terms of Service to the email address you provide to BITSNBYTESPC in connection with registration. You are responsible for regularly reviewing the https://www.bitsnbytespc.com website to be notified of any amendments to the Terms and Conditions.