Terms and Conditions

THESE TERMS AND CONDITIONS ("TERMS OF USE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF VTSPHINX's WEBSITE AND VTSPHINX's COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH VTSPHINX. 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, 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. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE VTSPHINX SERVICE.

"AGREEMENT"

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND VTSPHINX (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by VTSPHINX in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the VTSPHINX Portal (defined below), or obtain Services (defined below).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

"CONTENT"

Software, Materials, Services and other related information are collectively referred to as "Content."

"YOU" OR "YOU"

"You" means you individually, any person, including any employer that you are acting on behalf of.

"VTSPHINX CERTIFIED TECHNICIAN/(S)"

"VTSPHINX Certified Technician means" technicians and specialists certified by VTSPHINX to perform the Services under this Agreement.

"SUBSCRIPTION BASED PLANS"

"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by VTSPHINX 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 "VTSPHINX PORTAL"

All references to "Services" refer to any VTSPHINX service delivered under the plan that you enter into with VTSPHINX through use of the VTSPHINX Website located at www.VTSPHINX.com or by calling the VTSPHINX phone number mentioned on the VTSPHINX Website. These Terms of Use govern all plans available through the VTSPHINX Website.In the event of any conflict these Terms of Use control any valid 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 VTSPHINX Portal are the proprietary and copyrighted work of VTSPHINX and/or its suppliers. The definition of "Materials" does not include the design or layout of the VTSPHINX.net web site or any other VTSPHINX owned, operated, licensed or controlled website.

"SOFTWARE"

Software" means a computer program of any kind, whether owned by VTSPHINX 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 VTSPHINX Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

You may order Services by submitting Plan Orders through the VTSPHINX Website or by calling VTSPHINX. Once VTSPHINX accepts the Plan Order submitted by you, then you will receive an email from VTSPHINX at the email address that you provide or have provided to VTSPHINX as part of the Registration Process for the Services.VTSPHINX is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by VTSPHINX of a Plan Order, you will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, VTSPHINX will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, VTSPHINX 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 VTSPHINX's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 184-536-36-555. 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.

PAYMENT

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by VTSPHINX. VTSPHINX has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of 6 months, one, or two year("Term Plan"). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. You agree to maintain your Service for the applicable term.

CREDIT CARD BILLING.

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 VTSPHINX 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 VTSPHINX and/or any other company who bills products or services, or acts as billing agent for VTSPHINX 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. You agree to provide VTSPHINX with updated credit card information upon VTSPHINX's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither VTSPHINX nor any VTSPHINX 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 enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at VTSPHINX'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. 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 $15.00.

REFUND POLICY

For subscription based plans, VTSPHINX has a 30 day satisfaction guarantee policy.

Within the first 30 days, a customer may obtain a full or partial refund from VTSPHINX if they are not satisfied with the level of service they have received. VTSPHINX will have the right to deduct service charges incurred during such time and to prorate their refund.

You will be eligible for refund when any of the following criterions are met:

PRIVACY POLICY

The VTSPHINX Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (http://VTSPHINX.com/privacy-policy.php). If you have not yet reviewed the VTSPHINX Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to VTSPHINX over the telephone, electronically or otherwise, is not confidential or proprietary to you.

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

As a condition of your use of the VTSPHINX Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:

Though VTSPHINX 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 VTSPHINX's "fair use" policy. Under this policy, if at any time, in VTSPHINX'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, and then VTSPHINX reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, VTSPHINX reserves the right to suspend or terminate any Subscription Services of any Subscriber that VTSPHINX, 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 VTSPHINX; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES

VTSPHINX 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 VTSPHINX's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

USE OF COMMUNICATION SERVICES

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

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