Terms & Conditions

Terms & Conditions

THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF QUOTENIX VIRTUAL SOLUTIONS’ COMPUTER SUPPORT SERVICES. YOU SHOULD READ THEM CAREFULLY. BY ACKNOWLEDGING THIS AGREEMENT OR USING THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS.

AGREEMENT

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND QUOTENIX (THE “AGREEMENT”). However, a Plan Order will form the part of the “Agreement” only if it has been acknowledged by Quotenix in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Quotenix Web Portal (defined below), or obtain Services (defined below). Quotenix reserves the right to amend these Terms and Condition at any time by (a) posting a revised version of the Terms and Conditions on its Web Portal and/or by (b) sending information regarding any amendment to the Terms and Conditions to the email address you provide to Quotenix in connection with your registration. You are responsible for regularly reviewing the Web Portal to be notified of any amendments to the Terms and Conditions. Your use of the Web Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

OTHER DEFINITIONS

“You”

“You” means you, individually, and any person, including any employer, that you are acting on behalf of.

“Quotenix”

“Quotenix” means Quotenix Corp, the corporate entity that provides the Services through its Quotenix PC Solutions business.

“Quotenix Virtual Solutions”

“Quotenix Virtual Solutions” is a service mark of Quotenix ¬†LLC.

“Plan Orders”

“Plan Orders” are the orders that a user can place through the Web Portal (defined below) for “Subscription Based Plans”, “Per Incident Plans” or any other Service Plans.

“Subscription Based Plans”

“Subscription Based Plans” are Plan Offers that require payment of a subscription fee and that are active for a specified period of time. They do not include any incident based plans.

“Service Plans”

Is a combined reference to Subscription Based Plans, per incident plans and all other plans that Quotenix may offer through the Web Portal.

“Services” and ” Web Portal”

All references to “Services” refer to the Services available through any Plan Order that you enter into with Quotenix through use of the Quotenix Virtual Solutions web portal currently located at “www.quotenix.com” (the “Web Portal”) or by calling the Quotenix phone number mentioned on the Web Portal. These Terms and Conditions govern all Plan Orders available through the Web Portal and any use of the Services. In the event of any conflict, these Terms and Conditions control any Plan Order.

“MATERIALS”

“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 view or download from the Web Portal. The Materials are the proprietary and copyrighted work of Quotenix and/or its suppliers.

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

You may order Services by submitting Plan Orders through the Web Portal or by calling Quotenix. Once Quotenix accepts the Plan Order submitted by you, you will receive an email from Quotenix at the email address that you have provided to Quotenixs as part of the Registration Process for the Services. Quotenix is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Quotenix of a Plan Order, you will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, Quotenix will address your query using commercially reasonable efforts to provide appropriate solutions under the Services. In most cases, Quotenix will attempt problem diagnosis and a solution over the telephone, 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 Quotenix’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us. Quotenix or its suppliers may, at any time, without notice or liability, restrict the use of the Services or limit their time of availability in order to perform maintenance activities and to maintain session control.

PAYMENT

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Quotenix has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. [When you purchased the Service, you agreed to specific price and plan, which may have included a term of one, two or three years and more. Similarly, some plans may offer a discount on the Service if you sign up for other Quotenix services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you cancel a Service Plan that includes a multi year or Bundle Discount before the term is completed, you will be responsible for refunding to Quotenix the amount of any such multi year or Bundle Discount for the period remaining on the Service Plan.] [is this correct?]

Credit Card Billing: You hereby authorize Quotenix 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 owing 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 such amounts. You authorize Quotenix and any other company that provides billing services to Quotenix 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 Quotenix with updated credit card information upon Quotenix’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Quotenix nor any of its affiliated companies will have any liability whatsoever for any insufficient 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 here in 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 Quotenix’s 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.

RENEWAL POLICY

Quotenix will, as part of normal business, automatically renew your policy unless you call to cancel the policy prior to expiration.

REFUND POLICY

Provided you notify us, in writing (may be electronically), within 14 business days of your submission of a Plan Order, if you are not fully satisfied with the Services under the Plan Order you may cancel the same and Quotenix will issue you a full refund of fees paid for such Services. After such 14 day refund period, you may cancel your Plan Order, but no refund shall be due. However, Quotenix reserves the right to request additional information from you, or reject your request for a refund, if Quotenix reasonably believes that such a refund request is abusive and indicative of fraudulent practices.

You understand that certain Service Plans may have a onetime fee including, but not limited to an “Activation Fee”. This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.

PRIVACY POLICY

The Quotenix Privacy Policy which is an integral part of these Terms and Condition’s is incorporated here by reference. If you have not yet reviewed the Quotenix Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the personal information described in the Privacy Policy, any information or data disclosed or sent to Quotenix over the telephone, electronically or otherwise, is not confidential or proprietary to you.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Services, Materials and Third Party Software (defined below) are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Third Party Software. Any Services, Materials, and Third Party Software are available only in connection with Services under a valid Service Plan.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Portal or any Services, you will not use the Materials, Third Party Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Third Party Software in any manner that could damage, disable, overburden, or impair any Quotenix server, or the network(s) connected to any Quotenix server or interfere with any other party’s use and enjoyment of any of the Web Portal, Materials, Third Party Software or Services. You may not attempt to gain unauthorized access to any section of Web Portal, the Materials, Third Party Software or Services, or other accounts, computer systems or networks connected to any Quotenix server, through hacking, password mining or any other unauthorized means.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though Quotenix has no limits on the amount of telephone or online support requests a Subscription Based Plan user (“Subscriber”) may make during the subscription period, each Subscriber’s use of the support services for the Subscription Based Plans is subject to Quotenix’s “fair use” policy. Under this policy, if at any time, in Quotenix’s sole discretion, a Subscriber is found to be abusing the Service by exceeding the level of use reasonably expected from someone using a Subscription Based Plan for individual or small business use, then Quotenix reserves the right to suspend or terminate the Subscriber’s Subscription Based Plan. In addition, Quotenix reserves the right to suspend or terminate any Subscription Based Plan of any Subscriber that Quotenix, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System.

INDEMNITY

You agree to indemnify, defend, and hold Quotenix, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants and suppliers, including any supplier of Third Party Software, harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any of these Terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Quotenix’s defence of any claim. Quotenix reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Quotenix. You agree immediately to notify Quotenix of any unauthorized use of your account or any other breach of security known to you.

GUESTS: LIMITED LICENSE TO USE OF WEB PORTAL

If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the Web Portal by current Quotenix customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.

As a Guest you have a non-exclusive revocable license to use the Web Portal and Materials available to guests on the Web Portal in a manner consistent with these Terms and Conditions.

COMMUNICATIONS SERVICES

Quotenix may provide you with the use of e-mail services, addresses, instant messaging services, chat areas and/or other message or communication facilities designed to enable you to communicate with Quotenix employees as appropriate to your Services under a Plan Order Such communications services shall only be used under an accepted Plan Order, and not for any other purpose.

GENERAL LICENSE RESTRICTIONS

Any use of the Services, Materials, Web Portal or Third Party Software, other than as explicitly permitted under these Terms and Conditions, is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will cooperate with the Quotenix technician (“Quotenix Technician”). Quotenix will use commercially reasonable efforts to provide the support to you. Experience shows that most issues can be corrected as a result of close cooperation between you and the Quotenix Technician. Please listen carefully to the Quotenix Technician and follow his/her instructions. In order to best service you the following conditions must be true:

1) The situation giving rise to the problem is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;

2) You must have basic knowledge regarding the hardware system, any software involved, and the facts and circumstances surrounding the incident;

3) The full system, including software and hardware, is available to you and accessible by you during any discussions with the Quotenix Technician.

Software/Data Backup: You understand and agree that Quotenix shall under no circumstance be responsible for any lost or corrupted software or data. Quotenix strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Quotenix immediately of any unauthorized use of your account or any other breach of security. Quotenix will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Quotenix or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without permission of the account holder given to you and Quotenix.

FORCE MAJUERE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of Quotenix’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Quotenix’s ability to schedule a support session or to address an issue. You agree that Quotenix shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

EXCLUSIONS FROM “SERVICES”

“Services” shall not include the following:

1) Any item or activity not covered by the terms of a Plan Order;

2) Service beyond the duration limitations identified in your Plan Order;

3) Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or its configuration that is beyond our control;

4) Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

5) Problems that may 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;

Problems caused by using accessories, parts, or components not compatible with the product; or

Non-Compliance with the Quotenix Technicians instructions for resolving the query.

THIRD PARTY SOFTWARE

As part of the Services, Quotenix may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software may be available through an open source license or other license from the supplier of the Third Party Software (“Software Supplier”). You must agree to the terms and conditions set forth by such Software Supplier’s license, if applicable, before installing Third Party Software, whether or not Quotenix assists you in the acquisition, installation, and/or use of Third Party Software. Quotenix has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Use of the Third Party Software is at your own risk. Without limiting the foregoing, we make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY SERVICES

As part of the Services, Quotenix may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Use of the Third Party Services is at your own risk. Third party services may include, but are not limited to technical support, training, back-up disaster recovery and storage services. Violation of such third party provider’s terms of service may, in Quotenix’s sole discretion, result in the termination of your customer account and use of service.

TERMINATION

Quotenix, at its sole election, may terminate or suspend your Services immediately and without notice if, in the sole discretion of Quotenix: (a) you are in breach of any of these 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 or Third Party Services; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Quotenix’s network, or the use and enjoyment of other users of Services; (c) Quotenix receives an order from a court to terminate the Services you are using; or (d) if Quotenix for any reason ceases to offer the Services. Quotenix, in its sole discretion, may refuse to accept your request for the Services or renewal, whether following a termination or suspension of your use of the Services or otherwise.

SEVERABILITY; WAIVER

If any provision of these Terms and Conditions is held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in these Terms and Conditions shall remain in full force and effect. Quotenix’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER

The Web Portal is available internationally and may contain references to Quotenix services that are not available in a viewer’s country. These references do not imply that Quotenix intends to make such services available in such country.

CHOICE OF LAW

These Terms and Conditions shall be constructed in accordance with and controlled by the laws of the State of FLORIDA. You submit to personal jurisdiction and venue exclusively in the state and federal courts located in UNITED STATES.

NO ASSIGNMENT

The rights granted under these Terms and Conditions are personal in nature and you may not assign, sublicense or otherwise transfer them to any third party.