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These Terms of Service apply to: AGREEMENT
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN SUBSCRIPTION SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN SUBSCRIPTION AND THE PRIVACY POLICY. STATE THE ENTIRE AGREEMENT BETWEEN YOU AND businesssoftwaresales INC. (THE “AGREEMENT”). WHEN ONE OF THE PLAN SUBSCRIPTIONS IS ORDERED IT WILL BECOME A PART OF THE "AGREEMENT" ONLY IF THE SAME HAS BEEN ACKNOWLEDGED BY businesssoftwaresales.us, AND RECEIVED THE DOCUSIGN FROM YOU. YOU MUST AGREE TO THE TERMS AND CONDITIONS IN ORDER TO BE ELIGIBLE TO USE businesssoftwaresales.us PORTAL(defined below), or OBTAIN SERVICES(defined below)
DEFINITIONS Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these
Terms and Conditions. "businesssoftwaresales" businesssoftwaresales.us and/or any of its affiliates, wherever applicable. "businesssoftwaresales.us, CERTIFIED TECHNICIAN/(S)" "businesssoftwaresales.us, Certified Technician/(s) means" technicians and specialists certified by businesssoftwaresales.us, to perform the Services under this Agreement.
"PLANS"
"Plans" or "Subscription/(s)" are tenured Subscription plans offered by businesssoftwaresales.us, that are active for a specified period and will include any incident based plans such as "Per Incident Plan" or the like. "SERVICES" AND "businesssoftwaresales.us PORTAL"
All references to “Services” refer to any service delivered, under the plan that you enter into with businesssoftwaresales.us, through use of the businesssoftwaresales.us website located at (http://www.businesssoftwaresales.us) or by calling the businesssoftwaresales.us, phone number mentioned on the businesssoftwaresales.us website. These Terms of Use govern all plans available through the businesssoftwaresales.us website, and any use of the businesssoftwaresales.us Portal. In the event of any conflict these Terms of Use control any valid Plan from "Our Plans" that you submit requesting Services.
"MATERIALS"
"Materials" means any web casts, download areas, datasheets, product information, or other works of any kind that are made available to download from the businesssoftwaresales.us Portal are the proprietary and copyrighted work of businesssoftwaresales.us, and/or its suppliers. The definition of "Materials" does not include the design or layout of the businesssoftwaresales.us website or any other businesssoftwaresales.us, owned, operated, licensed or controlled website.
"TRADEMARK"
Trademark businesssoftwaresales.us, may be used by businesssoftwaresales.us, and/or any of its affiliates, wherever applicable.
"SOFTWARE"
"Software" means a computer program of any kind, whether owned by businesssoftwaresales.us, 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. Softwares includes both businesssoftwaresales.us, Software and a third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
PAYMENT
Services against any Plan Subscription will be available once you have made payment for Services according to the requirements of the corresponding Plan. businesssoftwaresales.us, has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made. When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). While opting for an Upgrade of your services, you need to pay as per the terms of the Upgrade offer. All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan. Similarly, some plans may offer a discount on the Service if you sign up for other businesssoftwaresales.us, services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the businesssoftwaresales.us, services you were required to purchase to receive the special rate as notified to businesssoftwaresales.us, or (3) You terminate the agreement/ Plan before the expiry of the relevant term.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize businesssoftwaresales.us, to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize businesssoftwaresales.us, and/or any other company who bills products or services, or acts as billing agent for businesssoftwaresales.us, to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide businesssoftwaresales.us, with updated credit card information upon businesssoftwaresales.us's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither businesssoftwaresales.us, nor any businesssoftwaresales.us's affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $10.00.
EXCLUSIONS FROM "SERVICES" any item or activity not covered by the terms of a Plan Order, service beyond the duration limitations identified in your Plan Order, 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, Software, including the operating system and software added to the registered hardware products which are out of scope for the Plan; Problems that may and do result from: 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; or Problems caused by using accessories, parts, or components not compatible with the product. Non Compliance with the businesssoftwaresales.us, technician instructions for resolving the query.
LIMITED SERVICE WARRANTY
businesssoftwaresales.us, 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 businesssoftwaresales.us, TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
Notwithstanding anything to the contrary in no event shall businesssoftwaresales.us, be liable to you in excess of the amounts actually paid by you to businesssoftwaresales.us, 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
businesssoftwaresales.us, at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of businesssoftwaresales.us,. (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, businesssoftwaresales.us's network, or the use and enjoyment of businesssoftwaresales.us's other users; (c) businesssoftwaresales.us, receives an order from a court to terminate the Service you are availing ; (d) if businesssoftwaresales.us, for any reason ceases to offer the Service; (e) if you are no longer a businesssoftwaresales.us, customer (f) businesssoftwaresales.us, determines that you are abusing the Service. businesssoftwaresales.us, 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.
MODIFICATION
businesssoftwaresales.us, reserves the right to amend the Terms and Condition, and the businesssoftwaresales.us, Portal at any time by posting a revised version of the Terms and Conditions on the businesssoftwaresales.us, Portal You are responsible for regularly reviewing the businesssoftwaresales.us website to be notified of any amendments to the Terms and Conditions.
ARBITRATION AND CLASS ACTION WAIVER
Arbitration Any claim, dispute, or controversy ("Claim") arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the Claim is filed (“AAA Rules”). The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. The arbitration proceedings shall be held in New York, U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement.  No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Class Action Waiver
The Parties hereby expressly agreed that any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT. Before you take a dispute to arbitration or to small claims court, you must first contact us by writing email to us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”) and give us an opportunity to resolve the dispute. Similarly, before businesssoftwaresales.us, takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and businesssoftwaresales.us, do not reach an agreement to resolve the claim within 60 days from the date you or businesssoftwaresales.us, is notified by the other of a dispute, you or businesssoftwaresales.us, may commence an arbitration proceeding. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. By notifying businesssoftwaresales.us, within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations. The amount of any settlement offer made by businesssoftwaresales.us, shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. After businesssoftwaresales.us, receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000. If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of businesssoftwaresales.us's last written settlement offer made before an arbitrator was selected, then businesssoftwaresales.us, will pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater. If businesssoftwaresales.us, prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then businesssoftwaresales.us, may seek to recover the AAA’s fees and expenses of the arbitrator from you. If user has any questions about the privacy Policy at our Web site, you can e-mail inquiries.