THESE TERMS AND CONDITIONS ACCOUNT FOR IMPORTANT REQUIREMENTS REGARDING YOUR USE OF
CYBERTECH COMPUTER TECHNOLOGIES, INC. (“CTCTI”) SERVICE REQUEST (“CTCTI-SR”) AND MAINTENANCE
PLAN (“CTCTI-MP”) AND YOUR RELATIONSHIP WITH CYBERTECH COMPUTER TECHNOLOGIES, INC. YOU
SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS
PERTAINING TO YOUR RIGHTS, OUR RIGHTS AND OUR OBLIGATIONS FOR CTCT-SR AND CTCTI- MP.
“AGREEMENT” TO THESE TERMS AND CONDITIONS, TOGETHER WITH EACH SERVICE REQUEST AND
THE ENTIRE AGREEMENT BETWEEN YOU AND CYBERTECH COMPUTER TECHNOLOGIES, INC. (THE
You must agree to the Terms and Conditions in order to obtain Services that are defined below. If you choose
to purchase a Service Request or a Maintenance Plan, then the entire “Agreement” between you and CTCTI
policy 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.
“CYBERTECH COMPUTER TECHNOLOGIES, INC.” “CTCTI” is the service mark of CyberTech Computer
Technologies, Inc. All references to CyberTech Computer Technologies, Inc. refer to CTCTI.
“SERVICE REQUEST AND/OR MAINTENANCE PLAN” All references to “Service Request” refer to any CTCTI-SR
AND all references to “Maintenance Plan” refer to any CTCTI-MP that you enter into with CTCTI. These Terms
and Conditions govern all plans available through CTCTI, and any use of the CTCTI services. In the event of
any conflict, these Terms and Conditions control any Service Request or Maintenance Plan that you brought
“MATERIALS” “Materials” means any datasheets, download areas, frequent asked questions, press releases,
product information, quick reference guides, webcasts, white papers or any other works of any kind that are
available to download from CTCTI’S website and said materials are the proprietary and copyrighted work of
CTCTI’S and/or its suppliers. The definition of “Materials” does not include the design or layout of the
CyberTech Computer Technologies, Inc. website or any other CTCTI owned, operated, licensed or controlled
“SOFTWARE” “Software” means a computer program of any kind, whether owned by CTCTI or a third party,
whether delivered via download, CD, any other media, or any 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 SERVICE REQUEST OR MAINTENANCE PLANS
You may purchase a Service Request or a Maintenance Plan by paying with one of a few option listed on
CyberTech Computer Technologies, Inc. web site or via telephone with a CTCTI sales associate or technician.
Once CTCTI accepts the Service Request or Maintenance Plan submitted by you, then you will receive an
email from CTCTI at the email address that you provided to CTCTI as part of the Registration Process for the
services that was requested. CTCTI is not responsible for rendering service in connection with any Service
Request or Maintenance Plan that it has not accepted. Upon acceptance by CTCTI of a Service Request or a
Maintenance Plan, you will have a Service Request or Maintenance Plan.
Subject to the Terms and Conditions, and the specifics of each Service Request and Maintenance Plan, CTCTI
will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, CTCTI will attempt problem diagnosis and a solution over the telephone, through a remote assistance session, through chat or email, or other means as it deems necessary and most appropriate under the circumstances. All undertakings under Service Request and Maintenance Plans are subject to CTCTI’S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us toll free at 1-855-231-7781 or locally at 443-426-2249.
Services against any Service Request or Maintenance Plan will be available once you have made payment for Services according to the requirements of the corresponding Service Request or Maintenance Plan. CyberTech Computer Technologies, Inc. has no obligation to render Services under any Service Request or Maintenance Plan if the payments as required under any Service Request or Maintenance Plan have not been made.
MONEY BACK POLICY
CyberTech Computer Technologies, Inc. services are delivered on an advanced integrated delivery system, which allows us to support your computer(s) remotely. The services we provide may not be successful because the problem you are experiencing may be beyond our ability to resolve remotely or and/or may be due to an irreparable software and/or hardware issue. If for any reason you are not wholly satisfied with the service, we will make commercially reasonable efforts to resolve the issue to you satisfaction. If you are still not satisfied with the service, we offer a money back policy as follows: (1) For our subscription-Monthly based plans, the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase. (2) For our incidental-“One Time Fix” Service Request, the Money-Back Guarantee is valid for 30 days, beginning at the time of 1st Incident.
ACCEPTABLE USE POLICY
CyberTech Computer Technologies, Inc. may provide you with the use of addresses, e-mail services, bulletin board services, chat areas, communities, forums, instant messaging services, news groups, personal web pages, and/or other message/communication options, designed to enable you to communicate with CTCTI’S employees and others as appropriate to your Service Request or Maintenance Plan (each “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Service Request or Maintenance Plan, and not for any other purpose.
LIMITED LICENSES TO USE CYBERTECH COMPUTER TECHNOLOGIES, INC. SUPPORT WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on CTCTI’S website, or made available in connection with a Service Request or Maintenance Plan which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the CyberTech Computer Technologies, Inc. website, Services, Materials or Software, other than as explicitly permitted by CTCTI is prohibited. Rights to copy, execute, display, distribute, manufacture, modify, sale, transmit or use are all reserved to CTCTI and its suppliers.
In connection with obtaining Services, you agree that you will:
- 1. Cooperate with CyberTech Computer Technologies, Inc. Technicians: 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 our technician. Please listen carefully to our technician and follow the technician’s instructions. You must confirm that the following conditions are true:
- (a) 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;
- (b) You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- (c) The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with CTCTI’S personnel.
- 2. Software/Data Backup: You understand and agree that CyberTech Computer Technologies, Inc. shall under no circumstance be responsible for any lost or corrupted software or data. CTCTI, strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
3. Account, Password,(ONLY applies when accounts are in use) and Security: For you to Purchase a Service Request or a Maintenance Plan, 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 may also be asked to 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 CyberTech Computer Technologies, Inc. immediately of any unauthorized use of your account or any other breach of security. CTCTI 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 CTCTI 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.
- 4. CTCTI will not be liable for any loss that you may incur as a result of any software (to include third party software) from any malfunction, bug, defect or flaw as a result of any neglect or abuse from the user.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of CyberTech Computer Technologies, Inc. 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 CTCTI’S ability to schedule a support session. You hereby release CTCTI from any and all liability, and agree that CTCTI shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. CTCTI or its suppliers may, at any time, without notice or liability, restrict the use of 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 Service Request or Maintenance Plan;
2. Service beyond the duration limitations identified in your Service Request or Maintenance Plan;
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 Request and Maintenance Plan;
5. Problems that may and do result from:
(a) External causes such as accident, abuse, misuse, or problems with electrical power;
(b) Usage that is not in accordance with product instructions provided by manufacture;
(c) Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
(d) Problems caused by using accessories, parts, or components not compatible with the product: or
(e) Non-Compliance with CTCTI engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON CTCTI’S PORTAL, OR THROUGH A SERVICE OF CTCTI
For your convenience, CyberTech Computer Technologies, Inc. may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service Request, Maintenance Plan, 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 Service Request or Maintenance Plan. 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 of the law. No logo, graphic, sound or image from any CTCTI Web site may be copied or retransmitted unless expressly permitted by CTCTI. 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) -
In connection with our Services, we may provide to you certain software, which is owned by CyberTech Computer Technologies, Inc. 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 Request or Maintenance Plan in accordance with the Service Request or Maintenance Plan and for no other purpose.
The Software may be accompanied by a EULA from CTCTI 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 CYBERTECH COMPUTER TECHNOLOGIES, INC. SOFTWARE
With regard to any Software made available to you by CTCTI through CTCTI website for which your acceptance of a separate license agreement is not required (“CTCTI Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by CTCTI to use CTCTI Software (and any corrections, updates and upgrades). In accordance with and as required under a Service Request or Maintenance Plan you shall not make any copies of CTCTI Software. You agree that CTCTI Software is the confidential and proprietary information of CyberTech Computer Technologies, Inc. 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 attempt to discover any source code, algorithms of CTCTI Software, de-compile, disassemble, reverse engineer, or any underlying ideas or otherwise that will reduce CTCTI Software to a human readable form, use for timesharing or service bureau purposes, lease, loan, modify, rent, reproduce, sublicense or distribute copies of the Software, or otherwise transfer CTCTI Software to any third party. You may not alter or remove any copyright or other proprietary notices, legends, trademark, trade name, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in CTCTI Software. You acknowledge that this license is not a sale of intellectual property and that CTCTI or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, moral rights, patent, trademark, trade secret, and to CTCTI Software and related documentation, as well as any corrections, updates and upgrades. CyberTech Computer Technologies, Inc. Software may be used in the United States and other approved countries. Any export of CTCTI Software to any other country without written consent from CTCTI is strictly prohibited.
THIRD PARTY SOFTWARE
As a part of our services, CyberTech Computer Technologies, Inc. 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 CTCTI directly assists you in the acquisition, installation, and/or use of Third Party Software. CTCTI 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 CTCTI Software shall remain in full force and effect unless and until terminated by CTCTI, its third party licensors, providers or suppliers, or until your Maintenance Plan is terminated as provided by your Maintenance Plan contract and these Terms and Conditions. Upon termination of your Maintenance Plan for any reason, you must cease all use of CTCTI’S Software and immediately delete CTCTI’S 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. CTCTI will not be liable for any loss that you may incur as a result of any software (to include 3rd party software) from any malfunction, bug, defect or flaw from third party software.
THIRD PARTY AGREEMENTS
As a part of our services, CyberTech Computer Technologies, Inc. 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 CTCTI may elect to make available from time to time. Violation of such third party provider’s terms of service may result in the termination of your customer account and use of service, however at CTCTI’S sole discretion.
LIMITED SERVICE WARRANTY
CYBERTECH COMPUTER TECHNOLOGIES, INC. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES WE PROVIDE, 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 CTCTI TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. CTCTI MAINTENANCE PLANS COME WITH A 15 DAY, 30 DAY, 60 DAY OR 90 DAY AND 1 YEAR LIMITED SERVICE WARRANTY AS PROVIDED.
CTCTI 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. CTCTI 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. CTCTI 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 CTCTI 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 CyberTech Computer Technologies, Inc. be liable to you in excess of the amounts actually paid by you to CTCTI under the Service Request or Maintenance Plan 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
CyberTech Computer Technologies, Inc., at its sole election may terminate or suspend your Service immediately without notice, if you violate any provision of these below, but not limited to; in the sole discretion of CTCTI:
1. 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;
2. Your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, CTCTI’S network, or the use and enjoyment of CTCTI’S other users;
3. CTCTI receives a court order to terminate the Service you are using ;
4. If CTCTI for any reason ceases to offer the Service;
5. If you are no longer a CTCTI customer, or
6. CTCTI determines that you are abusing the Service. CyberTech Computer Technologies, Inc., 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.
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. CyberTech Computer Technologies, Inc., 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.
CyberTech Computer Technologies, Inc. service is available internationally and may contain references to CTCTI, services, and programs that are not available in a viewer’s country. These references do not imply that CTCTI intends to make such products, services, or programs available in such country.
CyberTech Computer Technologies, Inc. reserves the right to amend the Terms and Condition, and the CTCTI support Portal at any time by (a) posting a revised version of the Terms and Conditions on CTCTI website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provided to CTCTI in connection with registration. You are responsible for regularly reviewing CTCTI website to be notified of any amendments to the Terms and Conditions. Your use of CTCTI Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
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 Maryland without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
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 Baltimore County, Maryland and shall be conducted in English.
CUSTOMER’S REPRESENTATIONS AND WARRANTIES
YOU ARE IN NEED OF THE SERVICES REQUESTED AND YOU ARE NOT A COMPETITOR OF CYBERTECH COMPUTER TECHNOLOGIES, INC. POSING AS A CUSTOMER FOR THE PURPOSE OF OBSERVING CTCTI’S PROPRIETARY SERVICES; YOU ARE THE OWNER OF AND RESPONSIBLE FOR THE COMPUTER AT ISSUE AND YOU HAVE THE AUTHORITY TO REQUEST CTCTI SERVICES; YOU WILL NOT ATTEMPT TO UPLOAD MALWARE OR MALICIOUS CODE TO CTCTI’S SYSTEM OR COMPUTERS; AND YOU HAVE NOT ACCESSED AND THERE IS NO CHILD PORNOGRAPHY STORED ON THIS COMPUTER, AND YOU UNDERSTAND THAT IF THIS REPRESENTATION IS FALSE, YOU HAVE NO EXPECTATION OF PRIVACY REGARDING SUCH ILLEGAL ACTIVITIES OR MATERIALS.