| THESE
TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS
REGARDING YOUR USE OF QRESOLVE'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP
WITH QRESOLVE. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS
FOR THE QRESOLVE SERVICE.
"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED
BY YOU, THE ACCEPTABLE USE POLICY ("AUP") AND THE PRIVACY POLICY, STATE
THE ENTIRE AGREEMENT BETWEEN YOU AND QRESOLVE (THE "AGREEMENT"). You
must agree to the Terms and Conditions in order to be eligible to use
the Qresolve Portal (defined below), or obtain Services (defined below).
If you choose not to submit a Plan Order, then the entire "Agreement"
between you and Qresolve consists of these Terms and Conditions, and
the AUP and the Privacy Policy.
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in
the Privacy Policy and AUP and are incorporated by reference to these
Terms and Conditions.
"YOU"
"You" means you individually, any person, including any employer that
you are acting on behalf of.
"QRESOLVE"
"Qresolve" is the service mark of Quatrro BPO Solutions (P) Ltd. All
references to Qresolve refer to Quatrro BPO Solutions (P) Ltd.
"SERVICES" AND "QRESOLVE PORTAL"
All references to "Services" refer to any Qresolve service plan that
you enter into with Qresolve through use of the Qresolve web portal
located at www.qresolve.com (the "Qresolve Portal"). These Terms and
Conditions govern all plans available through the Qresolve Portal, and
any use of the Qresolve Portal. In the event of any conflict these Terms
and Conditions control any 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 Qresolve Portal said materials are the proprietary and copyrighted
work of Qresolve and/or its suppliers. The definition of "Materials"
does not include the design or layout of the Qresolve.com Web site or
any other Qresolve owned, operated, licensed or controlled site.
"SOFTWARE"
"Software" means a computer program of any kind, whether owned by Qresolve
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.
SUBMISSION OF PLAN ORDERS; SERVICE
PLANS
You may order Services by submitting Plan Orders through the Qresolve
Portal. Once Qresolve accepts the Plan Order submitted by you, then
you will receive an email from Qresolve at the email address that you
provide or have provided to Qresolve as part of the Registration Process
for the Services. Qresolve is not responsible for rendering Services
in connection with any Plan Order that it has not accepted. Upon acceptance
by Qresolve of a Plan Order, you will have a Service Plan.
UNDERTAKING
Subject to the Terms and Conditions, and the specifics of each Service
Plan, Qresolve will address your query using commercially reasonable
efforts in providing appropriate solutions under the Services. In most
cases, Qresolve will attempt problem diagnosis and a solution over the
telephone, through chat or email, or other means as it deems most appropriate
under the circumstances. All undertakings under Service Plans are subject
to Qresolve's Limited Warranty, which is set forth below. For more information,
please refer to online documentation or call us at 1- 888-238-7312.
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. Qresolve has no obligation to render Services under any
Service Plan if the payments as required under any Plan Order have not
been so made.
MONEY BACK POLICY
Qresolve’s services are delivered on a state-of-the-art integrated delivery
platform which allows us to support your computer(s) remotely and/or,
in association with our partners, by way of a visit to your home. If
for any reason you are not wholly satisfied with the service, we will
make every effort to resolve the issue. If you are still not satisfied
with the same, we offer a money back policy as follows:
- For our subscription-based plan the Money-Back Guarantee is valid
for 30 days, beginning at the time of online purchase.
- For our incidental / Pay By Minute plans, the Money-Back Guarantee
is valid for 7 days, beginning at the time of 1st Incident.
- This Money Back policy does not apply for our Trial Offer.
PRIVACY POLICY
The Qresolve Privacy Policy which is an integral part of these Terms
and Conditions, is incorporated here by reference. If you have not yet
reviewed the Qresolve 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 Qresolve over the telephone, electronically or otherwise,
is not confidential or proprietary to you.
ACCEPTABLE USE POLICY (AUP)
The Qresolve Acceptable Use Policy is an integral part of these Terms
and Conditions and is incorporated here by reference. If you have not
yet reviewed the Qresolve AUP, then please do so prior to agreeing to
these Terms and Conditions. You agree that your use of the Qresolve
Portal, the Services, and/or any Materials will conform to and be governed
by the AUP specifically, as well as these Terms and Conditions and the
Privacy Policy generally.
GUESTS: LIMITED LICENSE TO USE
OF QRESOLVE PORTAL
Services against any Plan Order will be available once you have made
payment for Services according to the requirements of the corresponding
Plan Order. Qresolve has no obligation to render Services under any
Service Plan if the payments as required under any Plan Order have not
been so made.
As a Guest you may use the Qresolve Portal and Materials (defined below)
specifically designated as available to guests on the Qresolve Portal
for the limited purposes of (a) deciding whether to subscribe to the
Services provided by Qresolve, (b) registering with Qresolve and submitting
Plan Orders only. The foregoing license grant is a non-exclusive revocable
license.
COMMUNICATIONS SERVICES
Qresolve 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 Qresolve'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.
LIMITED LICENSES TO USE THE
QRESOLVE PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as
defined below) posted on the Qresolve Portal, or made available in connection
with a Plan Order which may be available for additional purposes and
or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the Qresolve Portal, Services, Materials or Software,
other than as explicitly permitted by Qresolve is prohibited. Rights
to execute, copy, modify, display, transmit, distribute, manufacture,
use, sale are all reserved to Qresolve and its suppliers. Reverse engineering
and decompilation of the Software is strictly prohibited.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
1. Cooperate with the Qresolve Engineer: We will use commercially
reasonable efforts to provide the support to you. Our experience shows
that most issues can be corrected as a result of close cooperation between
you and the engineer. Please listen carefully to the engineer and follow
the engineer's instructions. You must confirm that the following conditions
are true:
1.1 The situation giving rise to the question is reproducible
on a single system, i.e., one central processing unit with its workstations
and other peripherals;
1.2 You must have knowledge regarding the hardware system,
any software involved, and in the facts and circumstances surrounding
the incident;
1.3 The full system, including software and hardware, is available
to you and accessible by you without limit during any telephone discussions
with Qresolve support personnel.
2. Software/Data Backup: You understand and agree that Qresolve
shall under no circumstance be responsible for any lost or corrupted
software or data. Qresolve strongly recommends that you at all times
maintain a complete data backup and disaster recovery plan.
3. Account, Password, and Security: For you to submit a Plan
Order, you must complete the Registration Process by providing us with
current, complete and accurate information as prompted by and required
under the applicable Registration Form. You also will choose a password
and a user name. You are solely and entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are
solely and entirely responsible for any and all activities that occur
under your account. You agree to notify Qresolve immediately of any
unauthorized use of your account or any other breach of security. Qresolve
will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Qresolve or
another party due to someone else using your account or password. You
may not use anyone else's account at any time, without the permission
of the account holder.
AVAILABILITY OF SERVICES AND
MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Qresolve's reasonable
control (e.g., acts of God, a large scale outbreak of a new computer
virus, strikes, riots, wars, other military action, civil disorder,
acts of terrorism, fires, floods, vandalism, sabotage, acts of third
parties, or the like) may cause significant delays in Qresolve's ability
to schedule a support session. You hereby release Qresolve from any
and all liability, and agree that Qresolve shall not be liable to you
or any third party for any direct or indirect damages whatsoever, resulting
from such delays. Qresolve or its suppliers may, at any time, without
notice or liability, restrict the use of the Service or limit its time
of availability in order to perform maintenance activities and to maintain
session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. problem diagnosis and support that may not be completed because of
a problem with your computer or other equipment, or their configuration
that is beyond our control;
4. Software, including the operating system and software added to the
registered hardware products which are out of scope for the Service
Plan;
5. Problems that may and do result from:
5.1 External causes such as accident, abuse, misuse, or problems
with electrical power;
5.2 Usage that is not in accordance with product instructions provided
by manufacture;
5.3 Failure to follow the product instructions provided by manufacturer
or failure to perform preventive maintenance;
5.4 Problems caused by using accessories, parts, or components not
compatible with the product: or
5.5 Non-Compliance with the Qresolve engineer instructions for resolving
the query.
NOTICE SPECIFIC TO MATERIALS
AND SOFTWARE AVAILABLE ON THE QRESOLVE PORTAL, OR THROUGH A SERVICE
For your convenience, Qresolve may make available Materials or Software
(as each term is defined below) for use and/or download, whether as
a part of a Service, or in promotion of the Services. Use of any Materials
and any Software is governed by the more stringent of (a) the terms
of the end user license agreement ("EULA"), if any, which
accompanies the specific Materials and Software, or (b) if there is
no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for
use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction
or redistribution of the service not in accordance with the EULA is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any Qresolve Web site may be
copied or retransmitted unless expressly permitted by Qresolve.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS
OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION,
REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA
ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS
(EULA)- GENERAL
In connection with our Service, we may provide to you certain software
which is owned by Qresolve or its third party licensors, and suppliers.
We as well as the third party licensors reserve the right to update
or change the Software from time to time and you agree to cooperate
in performing such steps as may be necessary to install any updates
or upgrades to the Software. You may use the Software only as part of,
or for use with, the Service in accordance with the Service Plan and
for no other purpose.
The Software may be accompanied by a EULA from Qresolve or a third party.
Your use of the Software is governed by the terms of both that license
agreement and this Agreement, where applicable. You may not install
or use any Software that is accompanied by or includes a EULA unless
you first agree to the terms and conditions of the EULA.
EULA FOR QRESOLVE SOFTWARE
With regard to any Software made available to you by Qresolve through
the Qresolve Portal for which your acceptance of a separate license
agreement is not required ("Qresolve Software"), you are hereby granted
a revocable, non-exclusive, non-transferable license by Qresolve to
use the Qresolve Software (and any corrections, updates and upgrades).
In accordance with and as required under the Service Plan you shall
not make any copies of the Qresolve Software. You agree that the Qresolve
Software is the confidential and proprietary information of Qresolve
or its third party licensors, providers or suppliers, and which you
shall not disclose to others or use except as expressly permitted herein.
You may not de-compile, reverse engineer, disassemble, attempt to discover
any source code or underlying ideas or algorithms of the Qresolve Software,
or otherwise reduce the Qresolve Software to a human readable form,
modify, rent, lease, loan, use for timesharing or service bureau purposes,
reproduce, sublicense or distribute copies of the Software, or otherwise
transfer the Qresolve Software to any third party. You may not remove
or alter any trademark, trade name, copyright or other proprietary notices,
legends, symbols, or labels appearing on or in copies of the Software.
You are not granted any title or rights of ownership in the Qresolve
Software. You acknowledge that this license is not a sale of intellectual
property and that Qresolve or its third party licensors, providers or
suppliers continue to own all right, title and interest, including but
not limited to all copyright, patent, trademark, trade secret, and moral
rights, to the Qresolve Software and related documentation, as well
as any corrections, updates and upgrades. The Qresolve Software may
be used in the United States only, and any export of the Qresolve Software
is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Qresolve may suggest that you acquire, install
and use certain third party software ("Third Party Software"). Third
Party Software is licensed to you by the respective owners or licensees
of the Third Party Software. You must agree to the terms and conditions
set forth by such owners or licensees before installing Third Party
Software, whether or not Qresolve directly assists you in the acquisition,
installation, and/or use of Third Party Software. Qresolve has no rights
to the Third Party Software and does not license Third Party Software
to you or make any representation or warranty regarding the Third Party
Software.
Your license to the Qresolve Software shall remain in full force and
effect unless and until terminated by Qresolve, its third party licensors,
providers or suppliers, or until your Service Plan is terminated as
provided by your Plan Order and these Terms and Conditions. Upon termination
of your Service Plan for any reason, you must cease all use of the Qresolve
Software and immediately delete the Qresolve Software from your computer.
To the extent that we provide technical assistance and support for Third
Party Software or equipment, you must ensure that you comply with the
terms and conditions under which you licensed such Third Party Software
or purchased such equipment. We make no warranty that we are an authorized
service provider for Third Party Software or for any equipment; it is
your sole responsibility to determine if you require additional rights
for us to provide such support, and if so, to acquire such rights. You
acknowledge that support of Third Party Software or equipment by an
unauthorized service provider may void any warranty made by the supplier
of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, Qresolve may suggest certain third party services
to you. If you choose to subscribe to or otherwise use any third party
services, your use of any such services is subject to the terms of service
of such third party service provider. You agree to comply with such
provider's terms of service and that the third party provider is solely
responsible for delivery of its service(s) to you and your use of them.
Third party services include, but are not limited to technical support,
portal, training, music, gaming and storage services that Qresolve may
elect to make available from time to time. Violation of such third party
provider's terms of service may, in Qresolve's sole discretion, result
in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
QRESOLVE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES,
THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT
YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A)
ALLOW QRESOLVE TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD
AND REINSTALL THE SOFTWARE.
QRESOLVE SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY
AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.
QRESOLVE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS
OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. QRESOLVE
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QRESOLVE
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL QRESOLVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE,
FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary, in no event shall Qresolve
be liable to you in excess of the amounts actually paid by you to Qresolve
under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after
the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
Qresolve at its sole election may terminate or suspend your Service
immediately without notice if, in the sole discretion of Qresolve:
(a) you are in breach of any of the Terms and Conditions (including
but not limited to all policies regarding abuse and acceptable use
of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive
to, adversely impacts or causes a malfunction to the Service, Qresolve's
network, or the use and enjoyment of Qresolve's other users;
(c) Qresolve receives an order from a court to terminate the Service
you are using ;
(d) if Qresolve for any reason ceases to offer the Service;
(e) if you are no longer a Qresolve customer, or
(f) Qresolve determines that you are abusing the Service.
Qresolve, in its sole discretion, may refuse to accept your request for
the Service, renewal or re-subscription following a termination or suspension
of your use of the Service.
SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, 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. Qresolve'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.
NO OFFER
The Qresolve Portal is available internationally and may contain references to Qresolve products, services, and programs that are not available in a viewer's country. These references do not imply that Qresolve intends to make such products, services, or programs available in such country.
MODIFICATION
Qresolve reserves the right to amend the Terms and Condition, and the
Qresolve Portal at any time by (a) posting a revised version of the
Terms and Conditions on the Qresolve Portal, or by (b) sending information
regarding any amendment to the Terms of Service to the email address
you provide to Qresolve in connection with registration. You are responsible
for regularly reviewing the Qresolve website to be notified of any amendments
to the Terms and Conditions. Your use of the Qresolve Portal or the
Services after an amendment to the Terms and Conditions shall be deemed
acceptance by you of the amended Terms and Conditions.
LAW; FORUM
This Agreement and the rights and obligations of the parties under this
Agreement and any disputes arising out of or in connection with this
Agreement shall be governed in all respects by the laws of the state
of New York without regard to conflicts of law principles that would
require the application of the laws of any other jurisdiction.
ARBITRATION
Any disputes, differences, or questions under this Agreement may be
settled by arbitration in accordance with the Arbitration and Conciliation
Act, 1996 by a sole arbitrator.The arbitration shall take place in New
York and shall be conducted in English. |