Terms & Conditions
These terms and conditions state important requirements, regarding your use of Conceptsofts’s website and Conceptsofts’s computer support service and your relationship with Conceptsofts. 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 and privacy. 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 Conceptsofts service.
Submission of Plan Orders;
You may order services by submitting plan orders through the Conceptsofts websites or by calling Conceptsofts. Once Conceptsofts accepts the plan order submitted by you, then you will receive an email from Conceptsofts at the email address that you provide or have provided to Conceptsofts as part of the registration process for the services. Conceptsofts is not responsible for rendering services in connection with any plan order that it has not accepted. Upon acceptance by Conceptsofts of a plan order, you will have a service plan.
Subject to the terms and conditions, and other terms specific to each service plan, Conceptsofts will address your query using commercially reasonable efforts in providing appropriate solutions under the services. In most cases, Conceptsofts 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 service plans are subject to Conceptsofts’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.
Services against any plan order will be available once you have made payment for services according to the requirements of the corresponding plan order. Conceptsofts 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.
Credit Card Billing
You may be asked to put your credit card details onto our website through 3D secure server in order to activate your Service. You hereby authorize Conceptsofts 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 acknowledge and agree that Conceptsofts will not 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. 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 Conceptsofts’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.
You acknowledge, that by authorizing Conceptsofts to charge your credit card for your subscription service, you further authorize Conceptsofts to continue to charge your credit card (or a replacement card, if the credit issuing entity informs Conceptsofts that a replacement card has been issued) for all fees associated with a Recurring Subscription Service, including renewals. You must contact Conceptsofts if you do not wish to renew your recurring subscription service; if you do not contact Conceptsofts, the recurring subscription service that you selected will automatically renew for the same subscription duration that you initially selected, at Conceptsofts’s then-applicable fees.
A subscription under the 1-year or 2-year or 3-year annual maintenance plan does not automatically renew and ends at the end of the applicable period.
For subscription-based plans, a full refund will be issued if Conceptsofts has not been able to resolve even 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. Not withstanding this Conceptsofts may, at its sole discretion and on a case by case basis, agree to a refund of subscription fees after deducting charges for servicing the Customer.
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
- Issue was not resolved until the time account was active.
- 30 days have not passed after the issue was last worked upon by a Conceptsofts technician
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
You may not obtain or attempt to obtain any Conceptsofts 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 Conceptsofts 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 Conceptsofts’s “fair use” policy.
Under this policy, if at any time, in Conceptsofts’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 Conceptsofts reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Conceptsofts reserves the right to suspend or terminate any Subscription Services of any Subscriber that Conceptsofts, 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 Conceptsofts; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the Conceptsofts Websites, nor any Materials or Software posted therein. Conceptsofts is not linked or associated with any other company at all.
You agree immediately to notify Conceptsofts of any unauthorized use of your account or any other breach of security known to you.
Limited Licenses to Use the Conceptsofts Websites, Materials and Software
As permitted through a Service, you may use Materials and Software posted on the Conceptsofts Websites, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
General License Restrictions
Any other use of the Conceptsofts Websites, Services, Materials or Software, other than as explicitly permitted by Conceptsofts is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Conceptsofts and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Basic Responsibilities: You agree that, you are a legal license holder of the software on your personal computer and your use of the services and the internet is solely at your own risk. By electing to receive the Services, You confirm that you (a) have full access to your hardware and software that are the basis of the problem, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to Conceptsofts is accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to Conceptsofts.
Liability Release: To the extent permitted by applicable law, Conceptsofts will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act representatives. If Conceptsofts works with you on any password or other access control oriented problems, Conceptsofts strongly recommends that you reset such passwords(s) immediately following the completion of the Services.
Transfer: The Subscription-Based-Services are only transferable once during the subscription period from one computer to another, provided it is owned by you. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
Data Backup: Conceptsofts does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your computer and storage media before ordering the services. You acknowledge and agree that Conceptsofts or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. Conceptsofts does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
Cooperate with the Conceptsofts 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 discussions with Conceptsofts support personnel.
Availability of Services and Materials under Force Majeure Circumstances
You hereby acknowledge that circumstances outside of Conceptsofts’s reasonable control (e.g., Natural Disaster, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, act of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Conceptsofts’s ability to schedule a support session. You hereby release Conceptsofts from any and all liability, and agree that Conceptsofts shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
Conceptsofts 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 Conceptsofts technician instructions for resolving the query.
Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components.
Notice Specific to Materials and Software Available on the Conceptsofts Websites, or through a service.
For your convenience, Conceptsofts 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.
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 inaccordance 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 Conceptsofts Web site may be copied or retransmitted unless expressly permitted by Conceptsofts.
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 Conceptsofts 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 Conceptsofts 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.
Eula for Conceptsofts Software
With regard to any Software made available to you by Conceptsofts through the Conceptsofts Websites for which your acceptance of a separate license agreement is not required (“Conceptsofts Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Conceptsofts to use the Conceptsofts 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 Conceptsofts Software. You agree that the Conceptsofts Software is the confidential and proprietary information of Conceptsofts 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 decompile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Conceptsofts Software, or otherwise reduce the Conceptsofts 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 Conceptsofts 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 Conceptsofts software. You acknowledge that this license is not a sale of intellectual property and that Conceptsofts 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 Conceptsofts software and related documentation, as well as any corrections, updates and upgrades. The Conceptsofts software may be used only in the country of residence at the time of acceptance of these terms for use of the Conceptsofts software. Export of the Conceptsofts software is strictly prohibited.
Third Party Products
As part of the Services, Conceptsofts 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 Conceptsofts assists you in the acquisition, installation, and/or use of Third Party Software. Conceptsofts has no responsibility or rights to the third party Ssoftware and does not license third party software to you or make any representation or warranty regarding the third party software.
Your license to the Conceptsofts Software shall remain in full force and effect unless and until terminated by Conceptsofts, 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 Conceptsofts software and immediately delete the Conceptsofts software from your computer.
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. We make no representation or warranty that we are an authorized service provider for third party software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. 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.
Third Party Agreements
As part of the Services, Conceptsofts 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 tothe terms of service of such third party service provider. You agree to comply with suchprovider’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, Websites, training, music, gaming and storage services that Conceptsofts may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Conceptsofts’s sole discretion, result in the termination of your customer account and use of service.
Limited Service Warranty
Conceptsofts disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability 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 Conceptsofts to reperform the services subject to dispute, (b) re-download and reinstall the software.
Some of the Conceptsofts 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.
Conceptsofts 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. Conceptsofts and/or its respective suppliers hereby disclaim all warranties of any kind whether express or implied 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, the materials could include technical inaccuracies or typographical errors, changes are periodically added to the information herein. Conceptsofts 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 Conceptsofts 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 Conceptsofts be liable to you in excess of the amounts actually paid by you to Conceptsofts under the Plan Order that is the subject of the dispute.
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall be forever waived and barred.
Term and Termination
Conceptsofts at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Conceptsofts: (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, (c) if Conceptsofts for any reason ceases to offer the Service; (d) if you are no longer a Conceptsofts customer, or (d) Conceptsofts determines that you are abusing the service. Conceptsofts, 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. Conceptsofts’s 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.
Conceptsofts reserves the right to amend the Terms and Condition, and the Conceptsofts Websites at any time by (a) Posting a revised version of the Terms and Conditions on the Conceptsofts Websites (http://www.Conceptsofts.com/terms.pdf), or by
(b) Sending information regarding any amendment to the Terms of Service to the email address you provide to Conceptsofts in connection with registration. You are responsible for regularly reviewing the Conceptsofts website to be notified of any amendments to the Terms and Conditions.