Software, Materials, Services and other related information are collectively referred to as “Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of.
"Smart Tech Help"
Trademark “Smart Tech Help” is used by Smart Tech Help pursuant to license.
“Smart Tech Help Certified Technician/(s)”
“Smart Tech Help Certified Technician” means technicians and specialists certified by Smart Tech Help, to perform the Services under this Agreement.
“Subscription Based Plans”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Smart Tech Help that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or alike.
“Services” AND “Smart Tech Help Portal”
“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Smart Tech Help Portal are the proprietary and copyrighted work of Smart Tech Help and/or its suppliers. The definition of “Materials” does not include the design or layout of the Smart Tech Help.com web site or any other Smart Tech Help and Smart Tech Help owned, operated, licensed or controlled website.
“Software” means a computer program of any kind, whether owned by Smart Tech Help 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. Software includes Smart Tech Help Software and 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”).
“SUBMISSION OF PLAN ORDERS; SERVICE PLANS”
You may order Services by submitting Plan Orders through Smart Tech Help Portal or by calling Smart Tech Help. Once Smart Tech Helpaccepts the Plan Order submitted by you, then you will receive an email from Smart Tech Help at the email address that you provide or have provided to Smart Tech Help, as part of the Registration Process for the Services. Smart Tech Help is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Smart Tech Help of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Smart Tech Help will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Smart Tech Help will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Smart Tech Help Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-855-231-0679 You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Smart Tech Help has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly instalments of the Service Fee, payable over a one (1) year payment term, you shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan. When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one year (“Term Plan”). 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 Order. Similarly, some plans may offer a discount on the Service if you sign up for other Smart Tech Helpservices or Smart Tech Help 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 Smart Tech Help or Smart Tech Help services that you were required to purchase, to receive the special rate as notified to Smart Tech Help or Smart Tech Help.; or (3) You terminate the agreement/Service Plan before the expiry of the relevant terms.
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 Smart Tech Help 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 Smart Tech Help and/or any other company who bills products or services, or acts as billing agent for Smart Tech Help or Smart Tech Help 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 Smart Tech Help or Smart Tech Help with updated credit card information upon Smart Tech Help request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Smart Tech Help nor Smart Tech Help or any Smart Tech Help 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. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Smart Tech Help or Smart Tech Help option, to the account number provided for such automatic payment or electronic funds transfer plan. 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 $15.00.
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by YOU (“Auto Renewal”). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Smart Tech Help.