SERVICE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, atHand.co will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, atHand.co will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access.. All undertakings under Service Plans are subject to atHand.co’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.
You agree and acknowledge that a Subscription under the Monthly Subscription Plan will automatically renew for a month, unless notified otherwise by You (“Auto Renewal”). However, a Subscription under the Annual Plan does not automatically renew and expires at the end of the applicable Term Plan.
Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with atHand.co.
If you would like to opt out of the Auto Renewal, please email us at firstname.lastname@example.org at least 30 days prior to your subscription end date to discontinue your service.
For subscription based plans, a full refund will be issued if atHand.co has not been able to resolve even a single issue for you within the first 5 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this atHand.co 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 criteria are met:
- You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
- The issue is out of scope for the particular plan
- 15 days have not passed after the issue was last worked upon by an atHand.co technician
SCOPE OF SERVICE
You may initiate the Services via telephone, via the Site, or other means made available by atHand.co. atHand.co will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. atHand.co may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain Services may have minimum system requirements.
atHand.co Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).
Authorization to Access Your Computer; Monitoring of the Services and Phone Calls
You acknowledge that by Your use of the Services You are authorizing atHand.co to access and control Your computer or device (collectively “Device”) for the purposes of diagnosis, service and repair.
In connection with delivering the Services, atHand.co may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these Terms, You hereby grant atHand.co the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, You agree that atHand.co has 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 Services.
We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.
ATHAND.CO 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.
The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from atHand.co, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within five (5) days from the day You originally received the Individual Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service.
As set forth below, there are no other warranties for the Services.
DISCLAIMER OF OTHER WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ATHAND.CO DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. ATHAND.CO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ATHAND.CO, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR DEVICE AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF ATHAND.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF ATHAND.CO, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.
DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION
USE OF SOFTWARE AND TOOLS
atHand.co may need to download and/or run software on Your Device to help diagnose and resolve Your technology problem. atHand.co uses several types of software: the first type provides Device system information to atHand.co which helps Us diagnose and resolve Your technology problem, the second type allows atHand.co to remotely control Your Device and modify its settings or software, and the third type generally consists of utilities and other tools to improve Device performance and help resolve Your technology problem.
You acknowledge and agree that use of all atHand.co software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that We may download and utilize Software from third party Web sites and accept any applicable license agreements on Your behalf. You acknowledge and agree that We may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software. You agree that We may, but are not obligated to, remove any Software downloaded to Your Device during the Services after We have completed or terminated the Services.
You must cooperate with atHand.co and promptly respond to Our requests for information and comply with Our requests to take actions to resolve Your technology problem. In order to help resolve Your technology issue, You may be required to consent to the downloading and use of Software on Your Device and accept all applicable license agreements for the Software.
Registration, Passwords and Security
In order to use certain Software or Services, We may require that You register. During the registration process, You may be asked to designate, or We may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from atHand.co, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify atHand.co immediately upon learning of any unauthorized disclosure or use of Your password or other account information. atHand.co has no liability for any unauthorized use of the Services under Your account or on Your Device.
Fees and Payment
The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.
For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless You have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one time setup fee applies to all Subscription Services.
Unless You have purchased a special or trial offer Subscription Service that specifically provides other terms for cancellation and/or refund, You may cancel any Subscription Service within five (5) days following Your purchase of the Subscription Service, by contacting atHand.co. Otherwise, the fees for the Subscription Service are not refundable.
By authorizing Us to charge Your credit card for Your Subscription Service, You further authorize atHand.co to continue to charge Your credit card (or a replacement card, if the credit-issuing entity informs atHand.co that a replacement card has been issued) for all fees associated with the Subscription Service, including renewals. You must contact atHand.co if You do not wish to renew Your Subscription Service; if You do not contact atHand.co, the Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at atHand.co’s then-applicable fees.
SERVICE AVAILABILITY AND LIMITATIONS
The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
In order to obtain Subscription Services, You must at all times have current and functional antivirus software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. In order to purchase Subscription Services, Your covered Device(s) must be virus free (as determined by Us) at the time that You purchase the Subscription Service. If We determine that Your Device is infected by a virus, We may require that You purchase a Service to clean Your Device prior to obtaining Subscription Services.
atHand.co reserves the right to terminate Your Subscription Service, upon notice, if atHand.co determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that Your Subscription Service is terminated, atHand.co will refund to You a pro-rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
USE OF SERVICES
Your use of the Services is only for Your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of Your technology, or providers of services relating to such technology, to access or use the Services.
You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) atHand.co’s trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. atHand.co reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from atHand.co. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of atHand.co. Any rights not expressly granted herein are reserved by atHand.co.
You shall not: (a) “mirror” any Content on the Site on any other server without atHand.co’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of atHand.co or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.
If You have purchased Personal Subscription Services, the subscription applies to all peripheral devices (e.g. printers, cameras, home networks) that are attached to Your personal computer at the time that You purchase the Subscription Services. Activation or troubleshooting of other peripheral devices (e.g. devices that are acquired after the date of Your Subscription Services purchase) may require an additional fee.
If You have purchased a Subscription Services, You may obtain Services for the permitted number of personal computers, provided that all of those computers are located at a single physical address. Personal computers located at any other physical address cannot be added to the Family or Home Office Subscription.
Each of Your computers covered by Your Subscription will receive a unique identifier. You may not obtain services for Your business computers unless the identifier matches a record in Our system. If You wish to remove computer from Your Subscription and substitute another business computer, please contact Us as limitations can apply.
MODIFICATIONS TO THE SERVICES
We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.
While We use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event We cannot guarantee that any personal information You submit to Us will be free from unauthorized intrusion.
atHand.co respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. atHand.co is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of Our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
atHand.co, the atHand.co logo, and all Our other product names, service names, slogans, and related logos are registered trademarks or trademarks of atHand.co. You are not permitted to use these trademarks without the prior written consent of atHand.co. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of atHand.co and its products, and (2) an endorsement of the company or its products by atHand.co.
LINKS FROM AND TO THE SITE
This Site may contain hyperlinks to Web sites that are not controlled by atHand.co. atHand.co is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
You may not provide any type of link to the Site without the express written permission of atHand.co. We reserve the right, however, to deny any request or rescind any permission granted by Us to link through such other type of link, and to require termination of any such link to the Site, at Our discretion at any time.
DEALINGS WITH THIRD PARTIES
In the course of delivering the Services to You, We may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although We may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by Us of those merchants or their products or services. We are not responsible in any way for any other Web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that atHand.co shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by atHand.co.
ATHAND.CO RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, ATHAND.CO WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION ATHAND.CO MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
The information communicated on this Site constitutes an electronic communication. When You communicate with Us through the Site or other forms of electronic media, such as e-mail, You are communicating with Us electronically. You agree that atHand.co, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to You by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that We provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Us.
Notices and communications to atHand.co must be sent to the applicable address given in these Terms or to email@example.com.