Terms and ConditionsWritten by Administrator
Last Updated: 01 October 2009
Created: 01 October 2009
In this agreement -
1.1 clause headings are for convenience and may not be used in their interpretation;
unless the context clearly indicates a contrary intention -
1.2.1 an expression which denotes -
18.104.22.168 any gender includes the other genders;
22.214.171.124 a natural person includes an artificial person and vice versa;
126.96.36.199 the singular includes the plural and vice versa;
1.2.2 the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings -
188.8.131.52 “Primary Customer” shall mean a person eighteen (18) years of age or older, who possesses the legal capacity required to form binding contracts under the law and who successfully completes the registration process required to begin receiving Technical Support from Internet Presence.
184.108.40.206 “Secondary Customer” is defined as any individual residing in the same household as or in the direct employ of the Primary Customer (subject to verification if requested by Internet Presence) and registered on Internet Presence’s records as being authorized by the Primary Customer to access his or her account and receive Technical Support
220.127.116.11 “supplier” - Internet Presence, Internet Presence – South Africa
18.104.22.168 “technical support” - shall mean hands-on technical support, training and as technical answers and advice pertaining to the installation, configuration and troubleshooting of most commonly available applications, operating systems, platforms and devices covered by this Agreement
22.214.171.124 "supported systems” - shall mean most commonly available applications, operating systems, platforms and devices covered by this Agreement
126.96.36.199 “resolution” - shall mean attaining one of the following: (a) accomplishment of the goals described in the initial support request or mitigation of the symptoms to a reasonably acceptable level, (b) the inability to accomplish the objectives set forth in the preceding subsection despite the application of commercially reasonable efforts in providing Technical Support, or (c) Customer not responding to a communication from a Representative within three (3) calendar days if a reply is requested .
2. Support Agreement
Internet Presence agrees to provide each Customer with Technical Support and use commercially reasonable efforts to attempt to effect a Resolution of the issues contained in a Customer’s support request, according to the terms of this Support Agreement (“Agreement”).
Technical Support will be provided by a Internet Presence technical support representative at your business or home or by telephone or email, depending upon Customer’s method of contact.
A Representative will employ commercially reasonable efforts to perform the services requested and to communicate the reasons for workarounds and/or limitations in Technical Support. Customer acknowledges that not all requests may be supportable, whether due to software limitations, installation environment, software or hardware errors or problems that may not be correctable or may be too difficult to resolve. Internet Presence has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve the Customer's technical problem. For those situations in which a Resolution is not achieved, Internet Presence will provide the Customer with some pointers on the appropriate steps to take to resolve the issue which may involve contacting the technical service department of the original equipment manufacturer or developer of the Supported System.
3. Accessibility of Services
Internet Presence Technical Support is only available for use by the Primary Customer and any Secondary Customers registered under the Primary Customer’s Account. Depending on the support plan chosen by the Primary Customer, the addition, reduction or substitution of Secondary Customers to the account may not be permitted or limited. A Primary Customer and Secondary Customer may collectively be referred to in this Agreement as “Customer” or “Customers.”
Internet Presence Technical Support will only be provided for a Registered System. A “Registered System” is any Supported System to which Customer provides all information required either during the initial registration process or by a Representative during a Customer’s service request, and which is logged into the Internet Presence database as being associated with Customer.
Coming soon - (Toll-free telephone support is only available to Customers calling from within the contiguous fifty (50) states within the United States. Technical Support is available to Customers residing outside of the United States by email only. We apologize for this limitation and are working on expanding our toll-free telephone support coverage.)
4. Limitations on Service
This Agreement is intended for use only by Customers seeking Technical Support for Registered Systems used for private, personal and commercial use. Any violation of this provision may result in immediate termination of this Agreement at the sole discretion of Internet Presence.
5. Non-Transferability of Service
All services provided under this Agreement may not be transferred, assigned or resold by Customer. Any such purported transfer or assignment will be of no force or effect, considered void under this Agreement, and will subject this Agreement to immediate termination in the sole discretion of Internet Presence.
6. Availability of Technical Support
Internet Presence Technical Support is available 24 hours a day, 7 days a week, including holidays, by telephone, email or fax communication. Please note that if you submit a ticket for a technician to come to your location, availability will be subject to whether or not we have a technician registered in your area with the expertise required to work on your issue. If your ticket has not been picked up within 48 hours please contact us by phone or email, and we will make a reasonable effort to locate a technician in your area. Availability of immediate access to a Representative may vary depending on the time, location, day and date of a Customer’s service request and the volume of service requests from other customers in the aggregate. At this time, Technical Support requests must be submitted in the English language only. Our Representatives will respond back to Customers only in the English language. As our service expands, we hope to add multi-lingual support to our capabilities.
7. Member's Responsibilities & Warranties
Customer is responsible for providing access to all personal computer and communications equipment necessary to obtain Technical Support services. Customer shall provide Internet Presence and any Representative with honest and accurate information, including manuals and any technical documentation as requested in order to receive Technical Support under this Agreement. Prior to seeking Technical Support, Customer is solely responsible for adequate protection and backup of Customer's data, software, hardware and other information contained on a Registered System (collectively referred to as “Data”). Neither Internet Presence nor any of its third-party product or service providers shall have any responsibility for loss or damage to Customer’s Data, should it occur, resulting from administering Technical Support to Customer, whether arising from the active or gross negligence of Internet Presence or any of its third-party products or service providers.
Access to and use of Technical Support services is through a combination of an Identification (ID), and password. Each Primary Customer shall keep his or her password strictly confidential and only provide Primary Customer’s ID and password to Secondary Customers. Attempted use of a Primary Customer’s password by any person other than a Customer is a breach of this Agreement and may subject a Primary Customer’s account to immediate termination.