THANK YOU FOR CHOOSING ITSMANAGED PC RELIEF!
1. What the Contract Covers.
This is a contract between you and ItsManaged Pty Ltd a registered company in Australia. Sometimes ItsManaged Pty. Ltd. is referred to as "ItsManaged," "we," "us" or "our". This contract applies to any PC Relief or other ItsManaged software or services, including updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as the "service."
Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 16 and 17, and we ask you to read them carefully.
Additionally PC Relief products, website and services use Free Open Source software covered by seperate license agreements. These are included with any product we provide you. A link to the official licenses for such software, documentation and artwork is included in the link Free software licenses.
2. When You Can Use the Service.
You can start using the service as soon as you have completed the sign-up process and obtained and installed your Customer Registration Key or "CRK". No withdrawal rights or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.
3. How You Can Use the Service.
In using the service, you will:
comply with the law;
comply with any codes of conduct or other notices we provide;
keep your Customer Registration Key (CRK) secret; and
promptly notify us if you learn of a security breach related to the service.
4. How You Cannot Use the Service.
In using the service, you cannot:
engage in, facilitate or continue with any unlawful conduct;
use the service in a way that harms us, our advertisers, affiliates, resellers, distributors, vendors or our customers;
use any element of the service as a destination linked from any unsolicited bulk messages ("spam");
use any unauthorised third party software or service to access the ItsManaged support network;
use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by ItsManaged, or "meta-searching");
use any unauthorised ways to modify or reroute, or attempt to modify or reroute, the service;
damage, disable, overburden, or impair the service or the network(s) connected to the service;
interfere with anyone's use and enjoyment of the service; or
resell or redistribute the service, or any part of the service that belongs to ItsManaged.
5. You Are Responsible For Your Service Account.
Only you can use your service account. Some services allow you to set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account and any associated accounts. You cannot authorise any third party to access and/or use the service on your behalf except where ItsManaged provides a mechanism for third parties to access the service on your behalf.
6. If You Are an Associated Account User.
If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.
7. If You Pay ItsManaged.
7.1 Cost of using the service. Section 7 applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and terms are as stated by the other company. If you use this service, regardless of it's status, including "free", "trial" or "subscription" you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
7.2 Payments. When you create an account, you enter your payment method. You must be authorised to use the payment method. You authorise us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You will pay service charges in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 7 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may invoice you for more than one of your prior invoicing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
7.3 Updates to Your Account. You must inform us of any changes to your account, including your invoicing address and the expiration date of your credit card. You can access your account by contacting us and providing proof of your identity. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your account before we reasonably could act on your request.
7.4 Trial Period Offers. You may have received a limited time free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorise us to charge your payment method for the service.
7.5 Prices and Price Increases. The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, phone charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service expiry time or, if we invoice your account on a period basis, at the end of the period in which you cancelled.
7.6 Refund Policies. Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.
7.7 Billing Errors. We will not provide you with an a statement unless specifically requested by you or deemed necessary by us. If you request a paper statement, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your invoice, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your invoice. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
7.8 Cancelling the Service. You may cancel the service at any time, with or without cause. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
7.9 Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we invoice you for them. The late charge will be 10% of the invoice amount. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
7.10 Internet Access Service. If the service does not include Internet access, then you are responsible for paying the fees charged by your Internet Service Provider. Those fees are in addition to the fees you pay us for the service. The rest of this section applies only if your service includes Internet Access.
If you use a dial-up modem, you are responsible for determining if the numbers you select will incur toll charges. To do this you must contact your telephone company first. Tell it the numbers you consider using. Your telephone company can tell you if using those numbers will trigger additional charges. Ask it if there are other telephone service charges you will incur using those numbers. You should contact your phone company even if we provided the number as an appropriate access number for you. We rely on others to provide us with that information. Unfortunately, sometimes it is wrong. If you incur any extra charges, then you must pay them. We will not reimburse you for them.
You also will pay any additional charges you incur if you connect to the service through a service telephone number while you are in a country that is not the country associated with your service account ("roaming charges"). Roaming charges are in addition to any long distance telephone charges you may incur when connecting to the service from another country. Please check the service information area to view the current rates for roaming charges. You may also incur additional charges if your usage of the service exceeds the number of hours covered by your service plan.
If you use a DSL plan, wifi or other broadband service, check with your ISP. Some ISP's charge for data both downloaded to your computer and uploaded from your computer to our servers. This is particularly important if you choose any service with backup options enabled. You are solely responsible for all your ISP charges. If you incur any extra broadband charges, then you must pay them. We will not reimburse you for them.
8. Payments to You. Your right to any payment due to you under a service is conditional upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. We will deem any outstanding accounts payed when we have deposited funds into the account you have nominated, whether this is the correct account or not. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.
9. Your Materials. You may be able to submit materials for use in connection with the service. The service includes publicly accessible areas ("public areas of the service"). You understand that ItsManaged does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service. However, with respect to content you post or provide you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service) free, unlimited, worldwide, non-exclusive and perpetual permission to:
use, modify, copy, distribute and display the content in connection with the service and other ItsManaged products and services;
publish your name in connection with the content; and
grant these rights to others.
You understand that ItsManaged may need to make copies, change the format, transcode or otherwise process content posted on the service, including on shared and private areas of the service, in order to:
- store and retrieve the content;
- make the content available to you and those members of the public to whom you have granted access;
- conform to connecting networks' technical requirements; or
- conform to the limitations and terms of the service.
This section applies only to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 9 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.
10. Privacy. In order to operate and provide the service, we collect certain information about you. We use and protect that information. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of ItsManaged or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of ItsManaged employees, customers or the public.
The service is a private computer network that ItsManaged operates for the benefit of itself and its customers. ItsManaged retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may affect or break your use of the service.
In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine.
Personal information collected through the service may be stored and processed in Australia or any other country in which ItsManaged or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.
11. Software. If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorised use of the service on that number of computers stated in your service offer. We reserve all other rights to the software.
We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly un-install the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
The software is subject to Australian export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
12. Third party software. You may use software installed by the service for your use, when and only when you agree to the license terms of that software.
The service may use and install other software licensed to us. Such software will not normally be visible to you. You are not permitted to use such software unless explicitly permitted in writing by us.
13. ItsManaged PC Relief.
The following additional terms apply to ItsManaged PC Relief services (e.g., ItsManaged PC Relief Home, ItsManaged PC Relief Enterprise) (including any software that is provided as part of the service) and any other services offered in conjunction with PC Relief service. You may be prompted to accept additional contract terms that govern your installation and use of other software or services offered as part of a PC Relief service. If any terms of this contract conflict with the terms of any other contract for use of other software or services offered with a PC Relief service, the terms of this contract shall apply.
- Customer Registration Key (CRK). You must obtain a CRK to subscribe to the service. The CRK should be kept secret to guard your subscription service.
- License Grant. Paid Subscription. If you have purchased a subscription to a PC Relief service, then for each subscription purchased, we grant you a non-exclusive, non-transferable and non-assignable right to install and use the software during your Subscription Term on one Personal Desktop Computer that you own or control.
- Trial Use. If you are a trial user, then we grant you a non-exclusive, non-transferable and non-assignable right to download, install and use one copy of the software on one PC during your Trial Period. At the end of your Trial Period, your license expires automatically, unless you purchase a paid subscription.
- License Term. Paid Subscriptions. The "Subscription Term" for paid subscriptions begins on the date that you activate the software and ends on the date corresponding to the number of subscription months that you have purchased (e.g., 12, 24 or 36 months). A renewal of your subscription must occur to continue receiving subscription services. Renewals may require additional or different license terms.
- Trial Use. The "Trial Period" for trial use begins on the date that you install the software and ends on the date corresponding to the length of the trial offer (e.g., 90 days later).
- Free Use. Free software is available for some PC Relief service offerings. Such Free Software is governed by licenses of their respective owners. You must agree to and abide by the license terms of such software. We may provide additional software with such free software to assist you in installing such software. Such additional software is subject to ItsManaged terms and conditions.
- Updates. The ItsManaged PC Relief service requires updates to work effectively. Updates are only available for download or provided directly during your Subscription Term or Trial Period. Updates may also require additional contract terms that must be accepted before use.
- Technical Support. Technical support may differ based on the ItsManaged PC Relief service you have. PC Relief Home does not provide for any computer support.
- PCs. During the Subscription Term, paid subscribers to ItsManaged PC Relief with Support are entitled to technical support, which may include web-based content, however other contact services such as online chat, email and telephone-based technical support are provided as a paid support incident. During the Trial Period, trial users may receive web-based content and email-based technical support.
- Servers. Technical support for ItsManaged PC Relief for Server is provided under a separate agreement or as a paid support incident.
14. Third Party Software
The following additional terms apply to ItsManaged provided software used for the purpose of providing the PC Relief service
1.Materials that ItsManaged uses to perform the services.
You agree that software installed or otherwise present on your computer is for the exclusive use of ItsManaged and must not to be used, copied or otherwise transmitted to third parties by you or anyone using your computer.
2.Software or materials installed by ItsManaged for your use.
You agree to abide by all end user license agreements applying to the said software or materials.
You accept full responsibility for the registration or other processes required by the software vendor to enable you to legally use such software.
You further recognise that ItsManaged soul responsibility in relation to such software is the installation in accordance with the vendors published installation instructions.
3.Limitations. The license grant to use software provided with the service does not include a license to the design or layout of the service or any ItsManaged owned, operated, licensed or controlled web site. You should not copy or retransmit any logo, graphic, sound or image from the service, unless ItsManaged expressly permits it. ItsManaged and its suppliers do not warrant or guarantee that the software is suitable for your purposes. Their inclusion with the service is not an endorsement of them by ItsManaged. Nothing available from the service is intended to be professional advice, including but not limited to, investment, tax or legal advice.
4.Your Dealings with Others. If you obtain anything from a third party (including third-party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with ItsManaged. In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against ItsManaged, even if ItsManaged assisted in billing for the third-party offering. You are solely responsible for your dealings with any third party, including
delivery of and payment for goods and services;
processing and verifying orders, payments and other transactions;
customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.);
determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions; and
the purchase and use by you and your associated accounts of any third-party products and services.
6.Your Practices in relation to the Service. In using the service, you are responsible for it's correct and regular use.
7.Back Up Your Data. Upon termination or cancellation of the service by you or us for any reason, ItsManaged may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensuring that you maintain your primary means of business.
8.ItsManaged Authentication Network.
We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.
15.How We Can Change the Contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
16.WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service, nor do we guarantee the outcomes of using this service. We and our affiliates, resellers, distributors and vendors (collectively, the "ItsManaged parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
17.LIABILITY LIMITATION.
You can recover from the ItsManaged parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
the service,
content (including code) on third party Internet sites, third party programs or third party conduct,
viruses or other disabling features that affect your access to or use of the service,
incompatibility between the service and other services, software and/or hardware,
delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
ItsManaged knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
18.Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any or no reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
19.Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may determine that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
20.Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
21.No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
22.Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns
.
23.Your Notices to Us.
You may notify us as stated in the customer support or "help" area for the service. We do not accept e-mail notices.
24.Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
by e-mail at the e-mail address you specified when you signed up for your service;
by access to a ItsManaged web site that will be designated in an e-mail notice sent to you at the time the information is available; or
by access to a ItsManaged web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
29.Contracting Party, Choice of Law and Location for Resolving Disputes. This contract is between you and the ItsManaged company in Australia.
30.You and we irrevocably agree to the exclusive jurisdiction and venue of the Australian courts for all disputes arising out of or relating to this contract. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration in Australia in accordance with the Australian Arbitration Rules which are deemed to be incorporated by reference into this clause. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgement thereon in any country or region
All contents of the service are Copyright © 2008 ItsManaged and/or its suppliers, 10 Simpson Street, Moorabbin Victoria. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. ItsManaged, PC Relief and/or other ItsManaged products and services referenced herein may also be either trademarks or registered trademarks of ItsManaged. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
Potentially Unwanted Software
If you or we remove or disable "spyware," "adware" and other potentially unwanted software ("potentially unwanted software"), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.
Support
Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.
