SupportMart Service Agreement
This document details the terms & conditions that constitute the basis of the relationship between “We” or the service provider “SupportMart” and the “You” the visitor to our site and/or an existing client receiving our services. You are required to read this document carefully, be aware about the services we provide and the terms and conditions, disclosures, warranties, understandings and limitations relating to the performance of services on the part of “SupportMart” and “You”. It is only after the acceptance of these terms and conditions by “You” that we (SupportMart) will proceed to the next step of registering You as a client, charging of fee and start providing services as per the plan selected/opted by you.
Service Plans & the Process
Computer installation, setup, trouble shooting, PC repair, internet support for new internet connection, browser, fault repair and speed up; email support for setting up an account and its rules and troubleshooting; providing PC/Laptop security through set up, installation of anti-virus and anti-spy ware, removal of virus and spy ware, configuration of firewalls, set up of data back-up, PC peripheral support by way of helping in installation of printer, LaserJet and multifunctional printers, scanners, digital cameras, MP3 players; optimization of startup setting, PC health and speed, and operating system support. It does not provide any hardware replacement services as part of any of the plans. A plan is applicable to a single well identifiable Laptop or a Central Processing Unit and its peripherals and it is assumed you are well acquainted with all the parts, operation and you have access to the system all the time. We provide One Time Fix Plan (Per Incident Plan), Annual Plan, Premium Annual Plan and Family Plan. Once you choose a plan through our portal, you will be contacted by SupportMart on your email ID or phone at the time convenient to you. You will be guided through the process of registration for the plan of your choice. After registration, you will be required to pay for the plan fee. You can choose to pay by credit card or debit card either directly on our website or convey this number to us on telephone. We will charge the fee. This fee will be charged depending on the plan chosen by you. In case our service is used for any unregistered computer system, you will be charged with another fee to your account (similar to plan already chosen by you for your registered computer system).
Method of Support
SupportMart offers support services through remote computer control, where the Service Engineer (SE) takes control of your computer with your permission and will guide you through the steps leading to the solution of the problem or sets the problem right at her/his own. The support can be, as the situation warrants, through telephone, email, chat or other means through remote access. During or after the completion of the process of resolution, there may be a small text file placed on the clip board of your computer, explaining the work undertaken on it. You have the option either to delete it or retain for the future reference. You understand it very clearly that no on-site service is provided and no physical possession of your computer or any of its peripherals will be taken over by SupportMart. The services will be rendered by SupportMart only for the computer and software registered under the plan and SupportMart will, in no way, be responsible for the other computers, software or peripherals not registered. SupportMart will make every possible, reasonable and commercially viable effort to provide, suggest or undertake appropriate solution. It will dutifully attend to all calls to attend to the problem. SupportMart assumes that you are aware of the need to have a complete data back up whenever you call on us for support and you have a disaster recovery plan. SupportMart will in no way be responsible for the loss of data during the process of remote support. You also understand that downloading anything beyond the space available on your system can cause serious problems. You declare that you will not open your computer system or fiddle with it in any manner and will seek our support in resolution of the problem through our Service Engineer through remote access.
Exclusion from the Services
You understand and agree that SupportMart will not be in a position to serve if some modifications have been carried out on the computer system taking it out of our preview or you have used a peripheral or product incompatible with the system registered with us or you fail to follow the instructions contained in the product manual supplied by the manufacturer or your computer system has suffered a shock or an accident or electrical wiring is faulty.
No Unlawful or Prohibited Use
As a condition of your use of this Website, You agree that You will not use this Website or the content or software contained herein for any purpose that is unlawful as per applicable laws or prohibited by these terms and conditions.
If there is any instance which is reported to SupportMart where our support technical experts have been unable to resolve the issue or the issue lies out of our scope then the refund and the cancellation policy would be applicable. For our per incidence plans, the Money-Back Guarantee is valid for 7 days, beginning at the time of 1st Incident and for our other plans within thirty (30) days of purchase. Refund will be done after deducting the reasonable charges or fee for successful resolution of the issues or services provided during that period. If for any reason you are not completely satisfied with our plans, simply call us to our toll free number to arrange your refund. We will process your credit within ten business days or sooner. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account.
- SupportMart expects you to make fair use of its services to resolve any problem under the plan.
- SupportMart will endeavor to do its best to attend to all your requirements. We expect You to use the services for your registered hardware and software and not for others. Should there be a situation where SupportMart may feel that it has done everything possible and the at best of its judgment, the issue has been resolved and your calls are nothing but intentional harassment, the agreement will be terminated.
- You have also the right to terminate the Agreement by giving written or electronic notice to SupportMart, but you are not entitled to refund.
- You will not allow others to use your account for using our services.
- You undertake that you will not create any hyper links to any portion of SupportMart portal.
- You agree not to use any fake identity and do any act which is not permitted under applicable law.
- You will not interfere in our normal working, cause damage to our image, our servers and systems, harass our staff, hack our website, and email IDs and passwords of our clients and our processes.
- You will not spread virus and abuse the system in any manner.
- You will not upload or post any pornographic material or objectionable matter and cause infringement of intellectual property rights of others.
- At no point in time SupportMart would be liable to provide support for any hardware issues related to PCs, Servers, Printers, Routers and Wireless Access Devices.
- During our support SupportMart may ask You to acquire and install third party software on your system. By such suggestion SupportMart does not guarantee the quality or performance of such software or application and we make no warranty that we are acting on behalf of such party in any manner. There may be a situation where SupportMart may suggest you to avail third party services, software and equipment and may include technical support, games, music, storage, training etc. In that case it is for You to decide and avail the services and once you opt, You must not breach their terms and conditions and you agree to not to hold us responsible for the consequences arising out of use of such services.
- An account can only be used by one person. This single account has a limited scope of usage as defined by number of PCs in the agreement. You would further need to purchase support for additional PCs if the need arises.
You agree to defend, indemnify and hold SupportMart, its Directors, Officers, Employees, Agents and Affiliates harmless from any and all Claims, Liabilities, Damages, Costs and Expenses, including reasonable Attorneys’ Fees, in any way arising from or related to your use of the Services or your Violation of the Terms or lawsuit arising out of or related to your use of this site or material posted on this site under your Log-in details, whether or not authorized by You. You undertake to keep SupportMart harmless and indemnify for all your actions that may lead to initiation of legal action or court judgment or harm SupportMart in any manner.
The service agreement will be terminated if You misuse or abuse the support (in the sole judgment of SupportMart) or try to damage or interfere with our system or violate any term of this agreement or it is directed by law or we are unable to provide the services or there are reasons beyond our control that prevent us from rendering the services. In either case, circumstances permitting, We will notify You of our decision. You can choose to terminate the agreement at your will and terms of refund policy will apply. You acknowledge and agree that upon termination SupportMart 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.
Limitation to act
Any action You contemplate to initiate must be within a year from the date of your cause of action. You agree that the extended period of plan will not be used to facilitate the application of law of limitations to cover an otherwise uncoverable old act. Should there be a case where SupportMart is held accountable for any reason, You agree that in no case the liability of SupportMart will be greater than the amount paid under the plan for the period when cause of action took place. “We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”
While every effort is made to ensure the accuracy of content offered on these pages, SupportMart shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. This Web site could include inaccuracies or out-dated content and is subject to change at any time without notice. Your use of this Web site is at your own risk. You agree to hold SupportMart harmless from and not sue SupportMart for any claims based upon using this Web site. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against SupportMart for dissatisfaction with use of the site or any content is to stop using the site or any such content.
Interpretation, Modification and Application
All trademarks referenced on the website are the property of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred.
If any provision of the Terms of Service be held invalid or unenforceable as per the applicable law, then that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. SupportMart’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Governing Law & Jurisdiction
These Site Terms are governed by and will be interpreted in accordance with the laws of the United States and by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit yourself to the exclusive jurisdiction of ordinary courts of New York.