This Terms of Service (the “Agreement”) as well as the Support Plan selected by You (“You” or “Subscriber”) when You register for the Archon Technical Support technical support services (the “Services”) constitutes the entire agreement between You and Archon Technical Support (“Archon Technical Support”) regarding the Services. Please read this Agreement carefully as it sets forth important terms and conditions regarding Your use of the Services and Archon Technical Support’s obligations to provide the Services to You.
In order to register for the Services, You acknowledge that You have agreed to all of the terms of this Agreement and that You have agreed to become a party to, and be legally bound by, this Agreement.
If You have any questions regarding this Agreement, please contact [email protected]. This Agreement was last revised on June 1, 2014.
Description of Service
You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the TSP and the Subscriber. In order to facilitate the prompt resolution of support issues, Subscriber shall provide to Archon Technical Support reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist Archon Technical Support in its efforts to diagnose and correct problems. Subscriber shall listen carefully to the TSP at all times and follow the instructions issued by the TSP. Subscriber represents and warrants that it has working knowledge of its hardware system, any relevant software, and the facts and circumstances that give rise to a support incident. Subscriber shall ensure that the full system, including software and hardware, is available and accessible to Subscriber during a support session. Archon Technical Support shall not be responsible for any lost or corrupted software or data. It is Subscriber’s sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.
Limitations & Exclusions
Archon Technical Support shall have no obligation to support:
- Supported Products that have been altered, damaged or modified.
- Services and products not included in your Service Plan.
- Problem diagnosis and support that may not be completed because of a problem with Your computer or other equipment, or because their configuration is beyond our control.
- Software, including the operating system and software which are not compatible with the hardware on which they are installed
- Problems caused by external causes such as accident, abuse, misuse, or problems with electrical power
- Usage that is not in accordance with product instructions provided by manufacture, failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance
- Accessories, parts, or components not compatible with the product
- Failure to follow instructions issued by the TSP
- Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of Archon Technical Support
Third Party Software
Archon Technical Support may suggest that You acquire, install and use certain third party software (“Third Party Software”). Archon Technical Support 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. 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 prior to installation or use of the Third Party Software, even if Archon Technical Support assists You in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which You licensed all Third Party Software or purchased any equipment. We do not warrant or represent 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.
You hereby authorize Archon Technical Support to charge the credit or debit card that You provide at registration for the monthly fee associated with Your Service Plan (“Setup Fee” and “Monthly Fee”) as it accrues on a monthly or other recurring basis as specified in your registration form. For policies regarding refunds please see our Refund Policy. You must notify Archon Technical Support of any changes to Your credit or debit card account (including, without limitation, applicable account number or cancellation or expiration of the account), Your billing address, or any information that may prohibit Archon Technical Support from charging Your account. If Archon Technical Support is unable to collect the Monthly Fee from Your credit or debit card, Archon Technical Support shall provide You with written notice of such non-payment and may, at Archon Technical Support’s option, extend the payment deadline to allow You to provide an alternate credit card number. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by Archon Technical Support.
Term & Termination
(a) Term. Unless earlier terminated pursuant to the provisions of this Section, this Agreement shall be effective upon registration and remain in effect for the term (the “Term”) You selected at registration. Upon expiration of the Term, your subscription to the Services shall automatically renew on a monthly basis and Your Credit Card will be charged at the prevailing Monthly Fee for the Service Plan You selected at registration. If You would like to opt out of ‘Auto Renewal’, You must contact Archon Technical Support at least 30 days prior to the end of the Term.
(b) Termination for Cause. Archon Technical Support may terminate or suspend Your Support Plan immediately without notice if, in the sole discretion of Archon Technical Support if: (a) You are in breach of This Agreement (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 Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Archon Technical Support’s network, or the use and enjoyment of other Archon Technical Support subscribers; (c) Archon Technical Support ceases to offer the Services for any reason or (d) Archon Technical Support determines that You are abusing the Services. Archon Technical Support shall incur no liability resulting from terminating or suspending Services to Subscriber.
Disclaimer of Warranties
The Services shall consist of commercially reasonable technical support. Subscriber agrees that the use of the Services is at Subscriber’s sole risk and that the Services are provided on an “AS IS” and “AS AVAILABLE BASIS”. Archon Technical Support makes no express or implied warranties or representations with respect to the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). Archon Technical Support does not warrant that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does Archon Technical Support make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. Archon Technical Support provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your communications, data, or personal settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
Limitation of Liability
Neither Archon Technical Support, nor its parents, subsidiaries, affiliates, officers or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use the Services or INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, data or other intangibles, in any manner, however caused and on any theory of liability, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total and aggregate liability of Archon Technical Support for any cause of action related to or arising under this Agreement exceed $0.00. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services.
You agree to immediately notify Archon Technical Support of and indemnify and hold Archon Technical Support, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services, (including the unauthorized use of Your account or any other breach of security known to You), the violation of this Agreement by You, or the infringement by You, or another user using Your computer, on any intellectual property or other right of any person or entity.
The Services, including, without limitation, any of Archon Technical Support or its licencors’ Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Archon Technical Support and its licencors, and You shall have no interest in them whatsoever.
Modification of the Service and/or the Terms of Service
Archon Technical Support may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof and/or amend the terms and conditions stated herein (a) posting a revised version of the Terms of Service or a revised description of the Services on the Archon Technical Support website, or by (b) sending information regarding any amendment to the Terms of Service and changes to the Services to the email address You provide to Archon Technical Support when you register for the Services. You are responsible for regularly reviewing the Archon Technical Support website to be notified of any amendments to the Terms and Conditions or the Services. Your use of the Services after an amendment to the Terms and Conditions or the Services shall be deemed acceptance by You of such amendments or modifications.
Unless otherwise provided herein, notices given by Archon Technical Support to You will be sent by e-mail to the e-mail address You provide to Archon Technical Support as part of the registration process, or to updated addresses which You provide to Company via notice consistent with this paragraph. Notices given by You to Company must be given by e-mail to [email protected] or such updated address and number as Company may provide You consistently with this notice provision. Notwithstanding anything herein to the contrary, it is Your sole responsibility to update Your address for notices here under, and notice sent to the e-mail last provided by You to Company shall be valid and binding on You regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.