Terms & Conditions
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF
Online Tech Guys' COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH OnlineTechGuys.com Limited
(Online Tech Guys). 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 THESE CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. "AGREEMENT" MEANS THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU AND ACCEPTED BY
Online Tech Guys (THE "AGREEMENT"). The Plan Order will form the part of the
Agreement only if the same has been acknowledged by Online Tech Guys
in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the
Online Tech Guys Portal (defined below), or obtain Services (defined below).
"You" means you individually, any person, company, partnership or sole trader business including any employer that you are acting on behalf of.
"Online Tech Guys"
"Online Tech Guys" is the service mark and trading name of
Online Tech Guys Limited. All references to Online Tech Guys refer to
"Subscription Based Plans"
Subscription Based Plans are tenured Subscription plans offered by
Online Tech Guys 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 "Online Tech Guys PORTAL" All references to "Services" refer to any
Online Tech Guys service plan that you enter into with Online Tech Guys
through use of the Online Tech Guys web portal located at www.OnlineTechGuys.com (the
"Online Tech Guys Portal") or by calling the Online Tech Guys
phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the
Online Tech Guys Portal, and any use of the Online Tech Guys Portal. In the event of any conflict these Terms and Conditions control any 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
Online Tech Guys Portal are the proprietary and copyrighted work of
Online Tech Guys and/or its suppliers. The definition of "Materials" does not include the design or layout of the
www.OnlineTechGuys.com Web site or any other Online Tech Guys owned, operated, licensed or controlled site.
"SOFTWARE" "Software" means a computer program of any kind, whether owned by
Online Tech Guys 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
Online Tech Guys Software and Third Party Software.
COOLING OFF PERIOD means the period defined in clause 7.2 below.
3. SUBMISSION OF PLAN ORDERS;
3.1 You may order Services by submitting Plan Orders through the
Online Tech Guys Portal or by calling Online Tech Guys. Once Online Tech Guys
accepts the Plan Order submitted by you, then you will receive an email from
Online Tech Guys at the email address that you provide or have provided to
Online Tech Guys as part of the Registration Process for the Services.
Online Tech Guys is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by
Online Tech Guys of a Plan Order, you will have a Service Plan.
4.1 Subject to the Terms and Conditions, and other terms specific to each Service Plan,
Online Tech Guys will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases,
Online Tech Guys will attempt problem diagnosis and a solution over the telephone, 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 Service Plans are subject to
Online Tech Guys' Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at our
5.1 Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order.
Online Tech Guys has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
5.2 You understand that certain Service Plans may have onetime fee including, but not limited to
Service Fee and/or Activation Fee. This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order or in accordance with the Cooling Off Period (see below).
5.3 When you purchased the Service, you agreed to specific price and plan, which may have included a term of one, two or three years (Term
Plan). Similarly, some plans may offer a discount on the Service if you sign up for other
Online Tech Guys services (Bundle
Discount). You agree to the applicable term in relation to the Service and /or the bundled services you have ordered. 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 expires; (2) you drop one of the
Online Tech Guys services you were required to purchase to receive the special rate; or (3) You terminate the agreement/Service before the expiry of the term.
6. CREDIT CARD BILLING
6.1 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
Online Tech Guys 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
Online Tech Guys and/or any other company who bills products or services, or acts as billing agent for
Online Tech Guys 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.
6.2 You agree to provide Online Tech Guys with updated credit card information upon
Online Tech Guys' request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither
Online Tech Guys nor any Online Tech Guys 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
enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at
Online Tech Guys' option, to the account number provided for such automatic payment or electronic funds transfer plan.
6.3 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 GBP15.00.
7. CONSUMERS RIGHT TO CANCEL
7.1 You will be dealing with Online Tech Guys as a consumer (Consumer) if you purchase the Services for your personal benefit and do not use the Services for commercial purposes in a business.
7.2 Consumers have the right to this Agreement at any time up to the end of seven working days after the day (the
Cooling Off Period) on which the Agreement is concluded (i.e Online Tech Guys
accepts your order), subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
7.3 The Consumer does not have the right to cancel the Agreement if the supply of the Services begins by the Consumer requesting performance of the Services before the end of the seven working day cancellation period.
7.4 To exercise the right of cancellation, the Consumer must give written notice to the
Online Tech Guys by email, at the
Suppliers email address as follows:
info@OnlineTechGuys.com setting out your name, address, plan description and any order number.
7.5 Once the Consumer has notified the Online Tech Guys that the Consumer is
canceling the Agreement, Online Tech Guys will within 30 days refund or re-credit to the Consumer any sum that has been paid by the Consumer or debited from the
Customers credit card for the Services.
7.6 After the Cooling Off Period you may only terminate the Agreement in line with the refund policy set out below.
8. REFUND POLICY
8.1 To www.OnlineTechGuys.com, customers' satisfaction is of great importance.
If you are not satisfied with our services then let us know we will try our best to resolve your problem with the highest priority.
Customers will not be able to make amendments or cancellations on
the service plans unless approved by OnlineTechGuys' customer
Any cancellations made after 14 days from the date of subscription will not be liable for a refund. All transactions including cancellations are subject to the Terms and Conditions of
Refunds are permitted within 14 days period from the subscription/transaction date. You may receive a refund on an online subscriptions only if allowed by the conditions of the subscription. We will refund the credit card used during purchased/subscription. However, there may be an applicable charges such as Bank/Credit Card charges and administrative charges, which will be deducted from the refund amount. Please be ensure to read the terms and conditions before making a purchase
The refund process usually takes 2 weeks and at times would take one month to forty-five days during peak season from the date of the
refund request. For
further information or query please email us at
9. RENEWAL POLICY
9.1 Online Tech Guys will call you prior to the expiry of your Service/plan and inform you that your plan will automatically renew for another year on the anniversary of you contracting with
Online Tech Guys.
9.2 Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with
Online Tech Guys.
9.3 If you would like to opt out of the 'Auto Renewal', please call us at our helpdesk given above and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your Service.
11. PERSONAL AND NON-COMMERCIAL USE LIMITATION
11.1 Unless otherwise specified, the Services, Materials and Software are 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, create derivative works from, transfer, 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.
12. NO UNLAWFUL OR PROHIBITED USE
12.1 As a condition of your use of the Online Tech Guys Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any
Online Tech Guys server, or the network(s) connected to any Online Tech Guys
server, or interfere with any other party's use and enjoyment of any of the
Online Tech Guys Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any
Online Tech Guys Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any
Online Tech Guys server or to any of the Online Tech Guys Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any
Online Tech Guys Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
13. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
13.1 Though Online Tech Guys has no limits on the amount of telephone or 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
Online Tech Guys' "fair use" policy. Under this policy, if at any time, in
Online Tech Guys' 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
Online Tech Guys reserves the right to suspend or terminate Subscriber's Subscription Services.
13.2 Online Tech Guys reserves the right to suspend or terminate any Subscription Services of any Subscriber that
Online Tech Guys, in its sole discretion, determines are being used:
(b) by any person other than Subscriber, or
(c) for any computer system other than a Registered System.
13.3 User may terminate the Service at any time by giving written or electronic notice to
Online Tech Guys; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
14. COMMUNICATIONS SERVICES
14.1 Online Tech Guys 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 Online Tech Guys'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.
15. USE OF COMMUNICATIONS SERVICES
15.1 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:
(a) 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).
(b) Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(c) Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
(d) 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 trade mark 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.
(e) 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.
(f) Upload files that contain viruses, Trojan horses, 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.
(g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
(h) 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.
(i) 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.
(j) Restrict or inhibit any other user from using and enjoying the Communication Services.
(k) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
(l) Harvest or otherwise collect information about others, including e-mail addresses.
(m) Violate any applicable laws or regulations.
(n) Create a false identity for the purpose of misleading Online Tech Guys
(o) 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.
15.2 Online Tech Guys has no obligation to monitor the Communication Services. However,
Online Tech Guys reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.
Online Tech Guys reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
15.3 Online Tech Guys reserves the right at all times to disclose any information as
Online Tech Guys 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
Online Tech Guys' s sole discretion.
15.4 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.
15.5 You will be responsible for Online Tech Guys' losses and costs resulting from your breach of this clause 15.
16.1 You may not create hyperlinks to any portion of the Online Tech Guys
Portal, nor any Materials or Software posted therein.
17. GUESTS; LIMITED LICENSE TO USE OF Online Tech Guys
17.1 If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the
Online Tech Guys Portal by current Online Tech Guys customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".
17.2 As a Guest you may use the Online Tech Guys Portal and Materials specifically designated as available to guests on the
Online Tech Guys Portal for the limited purposes of:
(a) deciding whether to subscribe to the Services provided by Online Tech Guys,
(b) registering with Online Tech Guys and submitting Plan Orders only.
17.3 The foregoing license grant is a non-exclusive revocable license.
18. LIMITED LICENSES TO USE THE Online Tech Guys PORTAL, MATERIALS AND SOFTWARE
18.1 As permitted through a Service, you may use Materials and Software posted on the
Online Tech Guys Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
19. GENERAL LICENSE RESTRICTIONS
19.1 Any other use of the Online Tech Guys Portal, Services, Materials or Software, other than as explicitly permitted by
Online Tech Guys is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to
Online Tech Guys and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
20. USER RESPONSIBILITY
20.1 In connection with obtaining Services, you agree that you will:
(a) Cooperate with the Online Tech Guys 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
Online Tech Guys support personnel.
Software/Data Backup: You understand and agree that Online Tech Guys
shall under no circumstance be responsible for any lost or corrupted software or data.
Online Tech Guys 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
Online Tech Guys immediately of any unauthorized use of your account or any other breach of security.
Online Tech Guys 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
Online Tech Guys 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.
21. AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
21.1 You hereby acknowledge that circumstances outside of Online Tech Guys' 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
Online Tech Guys' ability to schedule a support session. You agree that
Online Tech Guys shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays and
Online Tech Guys will endeavour to provide the Services as soon as it can and will update you accordingly on the timescale that the Services will be provided.
21.2 Online Tech Guys 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.
22. 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 Online Tech Guys technician instructions for resolving the query.
23. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE
Online Tech Guys PORTAL, OR THROUGH A SERVICE
23.1 For your convenience, Online Tech Guys 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 :
(a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or
(b) if there is no EULA, these Terms and Conditions.
23.2 The Materials and Software are made available for download solely for use by you according to
(a) the EULA, and (b) 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 penalties. Violators will be prosecuted to the maximum extent possible.
23.3 No logo, graphic, sound or image from any Online Tech Guys
Web site may be copied or retransmitted unless expressly permitted by
Online Tech Guys.
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.
24. END USER LICENSE AGREEMENTS (EULA) - GENERALLY
24.1 In connection with our Service, we may provide to you, the use of certain software which is owned by
Online Tech Guys 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.
24.2 The Software may be accompanied by a EULA from Online Tech Guys
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
25. EULA FOR Online Tech Guys SOFTWARE
25.1 With regard to any Software made available to you by Online Tech Guys
through the Online Tech Guys Portal for which your acceptance of a separate license agreement is not required
("Online Tech Guys Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by
Online Tech Guys to use the Online Tech Guys Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the
Online Tech Guys Software.
25.2 You agree that the Online Tech Guys Software is the confidential and proprietary information of
Online Tech Guys or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the
Online Tech Guys Software, or otherwise reduce the Online Tech Guys
Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the
Online Tech Guys Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the
Online Tech Guys Software. You acknowledge that this license is not a sale of intellectual property and that
Online Tech Guys or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the
Online Tech Guys Software and related documentation, as well as any corrections, updates and upgrades.
25.3 The Online Tech Guys Software may be used in the United Kingdom only, and any export of the
Online Tech Guys Software is strictly prohibited.
25.4 Your license to the Online Tech Guys Software shall remain in full force and effect unless and until terminated by
Online Tech Guys, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the
Online Tech Guys Software and immediately delete the Online Tech Guys
Software from your computer.
26. THIRD PARTY SOFTWARE
26.1 As part of the Services, Online Tech Guys may suggest that you acquire, install and use certain third party software ("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
Online Tech Guys assists you in the acquisition, installation, and/or use of Third Party Software.
Online Tech Guys 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.
26.2 To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment.
26.3 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.
27. THIRD PARTY AGREEMENTS
27.1 As part of the Services, Online Tech Guys 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
Online Tech Guys may elect to make available from time to time. Violation of such third party provider's terms of service may, in
Online Tech Guys' sole discretion, result in the termination of your customer account and use of service.
28.1 IN NO EVENT SHALL Online Tech Guys BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF
Online Tech Guys HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIS WEBSITE. IN THE EVENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL
Online Tech Guys TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND, IN RESPECT OF ONE CLAIM OR A SERIES OF CONNECTED CLAIMS EXCEED THE SUM OF £300.
28.2 SOME OF THE Online Tech Guys SERVICE PLANS COME WITH A 14- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 14- 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
28.3 Online Tech Guys 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.
Online Tech Guys AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
28.4 THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Online Tech Guys AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
28.5 IN NO EVENT SHALL Online Tech Guys AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, 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.
28.6 This clause 28 shall not limit or affect Online Tech Guys liability resulting from any products sold through the
Website being found to be unsafe or if something Online Tech Guys does negligently causes death or personal injury.
29. LIMITATIONS ON ACTIONS
29.1 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.
30. TERM AND TERMINATION
30.1 Online Tech Guys at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of
Online Tech Guys:
(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,
Online Tech Guys' network, or the use and enjoyment of Online Tech Guys' other users;
(c) Online Tech Guys receives an order from a court to terminate the Service you are availing ;
(d) if Online Tech Guys for any reason ceases to offer the Service;
(e) if you are no longer a Online Tech Guys customer, or
(f) Online Tech Guys determines that you are abusing the Service.
30.2 Online Tech Guys, 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.
31. SEVERABILITY; WAIVER
31.1 If any provision of these Terms and Conditions be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms and Conditions shall remain in full force and effect.
31.2 Online Tech Guys' failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
32. NO OFFER
32.1 The Online Tech Guys Portal is available internationally and may contain references to
Online Tech Guys products, services, and programs that are not available in a viewer's country. These references do not imply that
Online Tech Guys intends to make such products, services, or programs available in such country.
33.1 Online Tech Guys reserves the right to amend these Terms and Condition, and the
Online Tech Guys Portal at any time by
(a) posting a revised version of the Terms and Conditions on the
Online Tech Guys Portal (http://www.OnlineTechGuys.com/terms_conditions.asp), or by
(b) sending information regarding any amendment to the Terms and Conditions to the email address you provide to
Online Tech Guys in connection with registration.
33.2 You are responsible for regularly reviewing the Online Tech Guys
website to be notified of any amendments to the Terms and Conditions. Your use of the
Online Tech Guys Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
34. LAW FORUM
34.1 This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of England and Wales without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.