These Terms of Service are for (femtosoftware.com) (this "Agreement") is a legal agreement between you (either an individual or an entity that you are representing, hereinafter "you") and (femtosoftware.com) and its suppliers and licensors (collectively (femtosoftware.com) for the (femtosoftware.com) Services ("Services"). By using for or purchasing the services or by accepting this agreement you acknowledge that you have read this agreement, that you understand it, that you agree and accept the terms as presented herein. If you do not agree to these terms and conditions, do not apply for, accept, use or purchase the services. The Services include new products, product changes, upgrades, onsite and phone support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, account with (femtosoftware.com). The services are for a limited time only, failure to use the services within the subscription period shall not be the grounds for a REFUND of ANY FEES PAID.
Software, Materials, Services and other related information are collectively referred to as "Content."
"You" means you individually, any person, including any employer that you are acting on behalf of.
"Services" means (www.femtosoftware.com)'s Support Services, which are (www.femtosoftware.com)'s chat and phone based computer optimization and PC cleaning services as set forth on the (www.femtosoftware.com) website. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer troubleshooting services. The scope of the services is subject to change without notice, and (www.femtosoftware.com) may discontinue or modify the Services in its sole discretion.
"Software" means any software used by (www.femtosoftware.com) in connection with the Services.
Subscription Period means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after three months or the period specified in the chosen package
Technical Support Services are provided only via phone, chat or email. Services are provided upon Subscriber's contacting (www.femtosoftware.com) support as explained on the (www.femtosoftware.com) Subscriber gives (www.femtosoftware.com) express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber gives (www.femtosoftware.com) express permission to install, configure, and use such software on Subscriber's computers.
To provide the Services, (www.femtosoftware.com) will be giving certain instructions over the phone, chat or email. Subscriber must assist (www.femtosoftware.com) in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the (www.femtosoftware.com) representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the (www.femtosoftware.com) representative's sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all the data on the computer, and provide (www.femtosoftware.com) with correct and accurate information.
You may be asked to provide us with a credit card number from a card issuer that we accept in order to AntiVirus your Service. You hereby authorize (www.femtosoftware.com) to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. 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 (www.femtosoftware.com) and/or any other company who bills products or services, or acts as billing agent for (www.femtosoftware.com) 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 (www.femtosoftware.com) with updated credit card information upon (www.femtosoftware.com)'s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither (www.femtosoftware.com) nor any (www.femtosoftware.com) 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. 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 $15.00.
For subscription plans, a full refund will be issued if (www.femtosoftware.com) has not been able to resolve even a single issue for your computer within the first 30 days of signing up with (www.femtosoftware.com) subscription. If our technical support has resolved one or more issues, the fees charged for subscription service will not be refunded. On the sole discretion of (www.femtosoftware.com) and on a case by case basis, refund can be issued of the charged fees after deducting charges for services provided to the customer. For incident plans, you will be eligible for a refund when any of the following criterions are met:
The Services are subject to change without notice. The Services do not cover restoration services, repair services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. (www.femtosoftware.com) does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and files.
For subscription-based Services, this Agreement shall be effective for three months from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the (www.femtosoftware.com) representative terminates. In addition, (www.femtosoftware.com) may cancel the Services at any time if (www.femtosoftware.com), in its discretion, determines that Subscriber's use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and (www.femtosoftware.com) is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the (www.femtosoftware.com) website. Any breach of this Agreement shall immediately terminate Subscriber's subscription to the Services and/or may limit Subscriber's access to the Services. No refunds shall be provided upon termination of the Agreement.
ALL SOFTWARE ARE PROVIDED TO SUBSCRIBER "AS IS" BY (www.femtosoftware.com), AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER'S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. (www.femtosoftware.com) DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, (www.femtosoftware.com) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. (www.femtosoftware.com) DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, (www.femtosoftware.com) AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (C) ANY VOIDANCE OF A WARRANTY ON THIRD PARTY PRODUCT OR SERVICE RESULTING FROM USE OF THE SERVICES (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER, OR (F) ANY USE OF ON SITE SERVICES BUNDLED WITH THE SERVICES. (www.femtosoftware.com) IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF (www.femtosoftware.com), ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL (www.femtosoftware.com) TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO (www.femtosoftware.com) FOR THE SERVICES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
(www.femtosoftware.com) is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. (www.femtosoftware.com) is not liable for any failure or delay caused by problems with Internet connections.
Subscriber and (www.femtosoftware.com) agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the .
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. (www.femtosoftware.com) may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party (www.femtosoftware.com) may impose limits on certain features of the Services at any time. (www.femtosoftware.com) may amend this Agreement at any time by posting a copy of the amended Agreement on the (www.femtosoftware.com) website. Such amendments may be made in (www.femtosoftware.com)'s sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
(www.femtosoftware.com) is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the (www.femtosoftware.com) website of a general informational nature.