Revision Date: Oct 26, 2020
RemoteSupport24x7.com is owned, operated and maintained by Eagle Information Systems Pvt. Ltd. (“Eagle”). The terms and conditions contained herein form an agreement regulating our relationship with regard to the use of and access to our products and services provided via RemoteSupport24x7.com(the “Products and Services”). If the User accepts this Agreement, it will be a legally binding Agreement between the User and Eagle Information Systems Pvt. Ltd.
If you do not wish to be bound by this Agreement or any revised Agreement in the future, you may not use any of the Products and Services and should stop all use immediately and terminate any accounts you may have with RemoteSupport24x7.com.
This Agreement may be updated periodically to account for changes to existing products and services, the introduction of new products and services, improvements, or features, or a change in the legal or regulatory framework. This Agreement supersedes all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms and conditions of any order submitted. By using the Products and Services, the User agrees to be bound by these Terms and Conditions.
Undertaking by the user
- You are at least eighteen (18) years old and have the authority to enter into legally binding agreements, or are over the age of thirteen (13) and have a legal parent or guardian actively monitoring and involved with your use of the Products and Services.
- You will not misuse the Products in any manner nor assist, support, or suggest anyone else do so, including in order to:
- probe, scan, or test the vulnerability of any system or network,
- breach or otherwise circumvent any security or authentication measures,
- access, tamper with, or use non-public areas or parts of the Products, or shared areas of the Products that you do not have permission to access,
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Products and Services,
- access, search, or create accounts for the Products by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk),
- send unsolicited communications, promotions or advertisements, or spam,
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”,
- resell, repackage, rebrand, or otherwise distribute the Products unless specifically authorized in writing to do so,
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence,
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment,
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading, or
- violate the privacy or infringe the rights of others.
- You will use the Products and Services only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws.
- With respect to export control laws, you agree that you will not provide or export the Products to (i) nationals or residents of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country as to which the U.S. has embargoed goods; or (ii) any person included in the U.S. Treasury department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
- You will not try to undermine our security safeguards, source code protections, or digital signing mechanisms, or unlawfully copy, reproduce, distribute, publish, or publicly display any of our intellectual property, including but not limited to any copyrights, trademarks, patents, software, domain names, trade secrets, or information that any person would reasonably believe is confidential.
- You will cooperate with all Eagle employees, technicians, and contractors. In certain cases, technicians may request additional information, shots, or files from your device. Please be advised that without your cooperation, the services we provide may not be as reliable or effective.
Terms & conditions
- This Agreement does not convey to you any rights of ownership in the Products and Services. By accepting this Agreement you agree that the Products and Services are offered to you in a limited way by Eagle and are not being sold or otherwise transferred to you.
- Eagle expressly disclaims any warranties of non-infringement, merchantability and fitness for a particular purpose. Eagle does not warrant that the Products and Services will (a) achieve specific results, (b) operate without interruption, or (c) be error free.
- Eagle expressly disclaims all liability for the Products and Services, including any loss or liability resulting from lost or compromised data caused by the use of the Products and Services or any third-party software. Eagle does not make any warranty that your data will be stored safely or securely. The Products and Services may make changes to your computer or mobile device that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) as infected or a potential concern. You acknowledge and agree to such changes to your computer or mobile device that may occur as a result of your use of the Products and Services. In no event will Eagle be liable for any damages, including lost profits or data, or other incidental or consequential damages, arising out of the use or inability to use the software or any data supplied therewith, even if Eagle has been advised of the possibility of such damages, or for any claim by any other party.
- The Products and Services are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring fail-safe performance, including but not limited to nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Product and Services could lead directly to death, personal injury, loss of data of national security and/or federal attributes or severe physical or property damage. We expressly disclaim any expressed or implied warranty of fitness for high-risk activities.
Remote technician services
Eagle may offer remote technician services, including live technical support and troubleshooting over the phone or through your computer or device (collectively, the “Remote Services”). Use of the Remote Services is such to this Agreement.
- You acknowledge and agree that:
- By using the Remote Services, you authorize Eagle, its employees and contractors, to access and control your computer, including the installation of and use of software, the collection of system data, and modifying your device settings for the purposes of diagnosis, service, and repair.
- Other than as set forth in the warranty section, Eagle, its employees and contractors, shall have no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Remote Services.
- Eagle does not provide separate backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
- Eagle will use its commercially available resources to resolve your problem. However, we cannot guarantee that we can solve 100% of problems, and that the provision of services may not be successful because the problem is beyond our ability to resolve remotely.
- Eagle may, but has no obligation to, monitor and record the Remote Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Eagle to monitor and record the Remote Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Remote Services to you and to protect ourselves and/or our customers; and to enhance the types of Remote Services we may provide to you in the future.
- Agents providing Remote Services do not backup or restore data as part of the Remote Services, and Eagle shall have no liability for any loss or damage to information on your computer or device in connection with the Remote Services. You are solely responsible for maintaining and backing up all your information, data, text, software, or other stored materials (“Data”) before use of the Remote Services.
Third party providers
- You acknowledge that some of the Products and Services utilize software or applications that are developed by parties other than Eagle (each a “Third Party Provider”). With respect to any software or applications developed or provided by any Third Party Providers, Eagle (i) makes no warranties of any kind, whether express or implied; (ii) makes no guarantees of any kind, including but not limited to, performance, uptime, or availability; (iii) expressly disclaims any liability whatsoever for any claims relating to or arising out of the use and Third Party Provider’s products, software, or applications; and (iv) shall have no obligations to provide support for any software or applications provided by any Third Party Provider.
- Without limiting any of Eagle’s rights under this Agreement, you agree to indemnify, defend, and hold Eagle harmless from any claim relating to or arising out of the use of any product, software, application, or service provided by any Third Party Provider.
- All prices and availability of products are subject to change without prior notice at the sole discretion of Eagle. Eagle reserves the right to refuse or cancel any order placed for Products and Services that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment received. In the event the payment has been received by Eagle, the same shall be refunded to the User.
- The User agrees to pay Eagle in full, the amount of the order placed, including charges for shipping and handling and tax, if applicable. Otherwise, the items ordered remain the property of Eagle. The User is responsible for any legal expense toward collecting debts.
Payment and billing
- You must provide up-to-date billing information in your account. You may do so by changing your payment settings in your account profile.
- You are responsible for all payments related to the Products and Services under this Agreement. Unless we explicitly invoice and itemize tax charges, your payments shall be exclusive of taxes, and it is your responsibility to ensure that all applicable taxes have been paid.
- If you are on a monthly subscription plan, we will automatically bill you on or about the last day of the expiring subscription. If you are on an annual subscription plan, we will send you a notice email within a reasonable time prior to the renewal date reminding you that your plan will renew and payment will be processed on the renewal date.
- If you are on any recurring plan, we will continue to bill your account until it is cancelled or terminated. You may cancel your account by contacting us via email, phone or chat.
- All charges, fees, and taxes are non-refundable unless explicitly stated.
- Payment by Credit Card: In a credit card transaction, the User must use their own credit card. Eagle will not be liable for any fraudulent usage of the User’s credit card and the onus to ‘prove otherwise’ shall be exclusively on the User. Eagle does not share User data / card information internally or externally for any monetary consideration.
- Payment by Cheque: Cheque payment facility is available only in India. Payment realization may take time depending on when Eagle physically receives the cheque and the time taken for clearance by the bank. Charges associated with outstation cheques will be borne by the User. The User must ensure sufficient balance in their account to avoid the cheque being returned unpaid. Cheque Return Charges @ Rs. 500/- and interest @ 24% per annum from the date of return to the date of realization will be payable on each cheque returned unpaid.
- You are free to stop using the Products and Services at any time. We reserve the right to suspend or terminate your access to some or all of the Products and Service with notice to you if:
- You are in breach of this Agreement,
- You are using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
- You are delinquent in meeting your payment obligations.
- If we do terminate your access, we will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Products and Services.
- In certain instances, however, we will terminate your account immediately without first providing you notice. This typically occurs if:
- You are in material breach of this Agreement,
- Providing you notice of termination would cause us legal liability or hinder our ability to service our other customers, or
- We are prohibited from doing so by applicable law.
- We may decide to discontinue the Products and Services in response to new laws or regulations, or other unforeseen circumstances beyond our control. If we discontinue offering some of all of the Products and Services, we will give you reasonable prior notice so that you can export your data. If we discontinue any Products and Services before your Annual or Monthly Subscription is over or before you have used up the allocated quota, you will receive a pro-rated portion of the charges you have pre-paid.
- We strive to provide great services, but there are certain things that we can’t guarantee. Therefore, to the fullest extent permitted by law, Eagle and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services and products are provided “as is.”
- We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
- You agree to indemnify, defend, and hold harmless Eagle, its parents and affiliates, and its and their officers, directors, employees, consultants, and agents from liability for any and all third-party claims, liabilities, demands, disputes, causes of action, losses, damages and costs and expenses of any kind (collectively, “Claims”) resulting from:
- Any use of the Products and Services in a manner not authorized by this Agreement;
- Any acts or omissions on your behalf which infringes, misappropriates, or otherwise violates the intellectual property rights of any other person.
- You agree to notify Eagle immediately if you become aware of (i) an act of infringement, violation, or misappropriation, of the intellectual property of any other person, or (ii) any unauthorized use of your account or any other breach of security known to you.
Limitation of liability
- To the maximum extent permitted by law, Eagle, its affiliates, suppliers, contractors, or distributors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss of use, data, business, or profits, regardless of legal theory.
- These exclusions or limitations will apply regardless of whether or not Eagle or any of its affiliates has been warned of the possibility of such damages.
- If you use the Products and Services for any commercial, business, or re-sale purpose, Eagle, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Eagle and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the Products and Services.
- We limit our liability to you to the actual amount you’ve paid under your current Products and Services plan with RemoteSupport24x7.com.
Jurisdiction and governing law
All legal proceedings shall be subject to jurisdiction of the courts in Delhi, India and shall be governed by and construed in accordance with the laws of India and the User agrees to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Delhi, India.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
This Agreement constitutes the entire agreement between you and Eagle with respect to the subject matter of this Agreement and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. These Agreement creates no third-party beneficiary rights.
Eagle’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of this Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. Eagle may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products and Services.