The technical support service for ON CALL DESK™ is provided by various third party suppliers of the Program Manager.
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF ON CALL DESK™ ‘S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH ON CALL DESK™. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE ON CALL DESK™ SERVICE.
You may cancel your ON CALL DESK System Renewal Process Plan at anytime without incurring additional charges by emailing CustomerCare@ONCALL DESK.com or by calling 855 677 3375. The software included in the ON CALL DESK System Renewal process will be active as long as you are an active member. The ON CALL DESK System Renewal process is provided to members online, which you will have access to once payment is received.
“You” means you individually, any person, including any employer that you are acting on behalf of. “ON CALL DESK™”
SERVICES” AND “ON CALL DESK™ PORTAL
All references to “Services” refer to any ON CALL DESK™ service plan that you enter into with ON CALL DESK™ through use of the ON CALL DESK™ web portal located at www.ON CALL DESK (the “ON CALL DESK™ Portal”). These Terms and Conditions govern all plans available through the ON CALL DESK™ Portal, and any use of the ON CALL DESK™ Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services (“Plan Order”).
“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 ON CALL DESK™ Portal said materials are the proprietary and copyrighted work of ON CALL DESK™ and/or its suppliers. The definition of “Materials” does not include the design or layout of the ON CALL DESK.com Web site or any other ON CALL DESK™ owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by ON CALL DESK™ 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.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the ON CALL DESK™ Portal. Once ON CALL DESK™ accepts the Plan Order submitted by you, then you will receive an email from ON CALL DESK™ and/or its suppliers at the email address that you provide or have provided to ON CALL DESK™ as part of the Registration Process for the Services. ON CALL DESK™ is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by ON CALL DESK™ of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, the suppliers of ON CALL DESK™ will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, the suppliers of ON CALL DESK™ will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to ON CALL DESK™’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 855 677 3375
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. ON CALL DESK™ has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
MONEY BACK POLICY
ON CALL DESK™’s services are delivered on a state-of-the-art integrated delivery platform which allows us to support your computer(s) remotely. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows: – For our subscription-based plans the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase.
For our One Time Fix Plan, the Money-Back Guarantee is valid for 7 days, beginning at the time of purchase for the Incident.
ACCEPTABLE USE POLICY (AUP)
GUESTS: LIMITED LICENSE TO USE OF ON CALL DESK™ PORTAL
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. ON CALL DESK™ has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use the ON CALL DESK™ Portal and Materials (defined below) specifically designated as available to guests on the ON CALL DESK™ Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by ON CALL DESK™, (b) registering with ON CALL DESK™ and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
The suppliers of ON CALL DESK™ 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 the suppliers of ON CALL DESK™’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.
LIMITED LICENSES TO USE THE ON CALL DESK™ PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the ON CALL DESK™ Portal, 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 ON CALL DESK™ Portal, Services, Materials or Software, other than as explicitly permitted by ON CALL DESK™ is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to ON CALL DESK™ and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the supplier of ON CALL DESK™’s Engineer: 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 engineer. Please listen carefully to the engineer and follow the engineer’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 the suppliers of ON CALL DESK™ support personnel.
Software/Data Backup: You understand and agree that ON CALL DESK™ shall under no circumstance be responsible for any lost or corrupted software or data. ON CALL DESK™ 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 be given 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 ON CALL DESK™ immediately of any unauthorized use of your account or any other breach of security. ON CALL DESK™ 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 ON CALL DESK™ 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 ON CALL DESK™’s 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 ON CALL DESK™’s and its suppliers’ ability to schedule a support session. You hereby release ON CALL DESK™ from any and all liability, and agree that ON CALL DESK™ shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. ON CALL DESK™ 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 manufacturer or failure to perform preventive maintenance
Problems caused by using accessories, parts, or components not compatible with the product: or
Non-Compliance with the supplier of ON CALL DESK’s engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE ON CALL DESK™ PORTAL, OR THROUGH A SERVICE
For your convenience, ON CALL DESK™ may make available Materials or Software (as each term is defined below) 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 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. At the end of your ON CALL DESK plan order access to software provided by ON CALL DESK will be terminated. If we are unable to bill a monthly subscription plan order or if you choose cancel a plan order access to software provided by ON CALL DESK will be terminated.
No logo, graphic, sound or image from any ON CALL DESK™ Web site may be copied or retransmitted unless expressly permitted by ON CALL DESK™.
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)- GENERAL
In connection with our Service, we may provide to you certain software which is owned by ON CALL DESK™ 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 ON CALL DESK™ or a third party. Your use of the Software is governed by the terms of both that license agreement and 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 ON CALL DESK™ SOFTWARE
With regard to any Software made available to you by the suppliers of ON CALL DESK™ through the ON CALL DESK™ Portal for which your acceptance of a separate license agreement is not required (“ON CALL DESK™ Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by ON CALL DESK™ to use the ON CALL DESK™ 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 ON CALL DESK™Software. You agree that the ON CALL DESK™ Software is the confidential and proprietary information of ON CALL DESK™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 engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the ON CALL DESK™ Software, or otherwise reduce the ON CALL DESK™ 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 ON CALL DESK™ 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 ON CALL DESK™ Software. You acknowledge that this license is not a sale of intellectual property and that ON CALL DESK™ 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 ON CALL DESK™ Software and related documentation, as well as any corrections, updates and upgrades. The ON CALL DESK™ Software may be used in the United States only, and any export of the ON CALL DESK™ Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, the suppliers of ON CALL DESK™ 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 or not the suppliers of ON CALL DESK™ directly assists you in the acquisition, installation, and/or use of Third Party Software. ON CALL DESK™ 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.
Your license to the ON CALL DESK™ Software shall remain in full force and effect unless and until terminated by ON CALL DESK™, 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 ON CALL DESK™ Software and immediately delete the ON CALL DESK™ 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 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, ON CALL DESK™ or its suppliers 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 ON CALL DESK™ or its suppliers may elect to make available from time to time. Violation of such third party provider’s terms of service may, in ON CALL DESK™’s or its suppliers’ sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY ON CALL DESK™ 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 ON CALL DESK™ TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
ON CALL DESK™ SERVICE PLANS COME WITH A 7- DAY or 30- DAY money back guarantee.
ON CALL DESK™ 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. ON CALL DESK™ 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.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ON CALL DESK™ 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 ON CALL DESK™ 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.