TERMS AND CONDITIONS
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.
" Agilerecovery Certified Technician/(s)"
" Agilerecovery Certified Technician means" technicians and specialists certified by Agilerecovery to perform the Services under this Agreement.
"Subscription Based Plans"
"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by Agilerecovery that are active for a specified period and will not include any incident based plans such as "INSTANT FIX PLAN" or the like.
"Services" AND " Agilerecovery Portal"
"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 Agilerecovery Portal are the proprietary and copyrighted work of Agilerecovery and/or its suppliers. The definition of "Materials" does not include the design or layout of the Agilerecovery web site or any other Agilerecovery owned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by Agilerecovery 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 Agilerecovery 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 Agilerecovery Portal or by calling Agilerecovery . Once Agilerecovery accepts the Plan Order submitted by you, then you will receive an email from Agilerecovery at the email address that you provide or have provided to Agilerecovery as part of the Registration Process for the Services. Agilerecovery is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Agilerecovery of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Agilerecovery will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Agilerecovery 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 Agilerecovery 'S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 001-855-478-2352.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. All payments against the plan orders will be collected by Agilerecovery on behalf of Agilerecovery IT Support Services Private Limited. Agilerecovery 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. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years ("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. Similarly, some plans may offer a discount on the Service if you sign up for other Agilerecovery services ("Bundle Discount"). You agree to maintain your Service and the bundled services for the applicable term. 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 Plan expires;
(2) you drop one of the Agilerecovery services you were required to purchase to receive the special rate as notified to Agilerecovery ; or
(3) You terminate the agreement/Service Plan before the expiry of the relevant 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 Agilerecovery 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 Agilerecovery and/or any other company who bills products or services, or acts as billing agent for Agilerecovery 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 Agilerecovery with updated credit card information upon Agilerecovery 'S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Agilerecovery nor any Agilerecovery 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 Agilerecovery '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.
For subscription based plans; a full refund will be issued if Agilerecovery has not been able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Agilerecovery 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: