GENERAL TERM AND CONDITION

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our [ALLROUNDFIX]'s use of cookies in accordance with the terms of [ALLROUNDFIX]'s [privacy policy / cookies policy].]

 

License to use website

Unless otherwise stated, [ALLROUNDFIX] and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

 

  • • republish material from this website (including republication on another website);
    • sell, rent or sub-license material from the website;
    • show any material from the website in public;
    • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
    • [edit or otherwise modify any material on the website; or]
    • [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

    [Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

    Acceptable use

     

    You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

     

    You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

     

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [ALLROUNDFIX] express written consent.

     

    [You must not use this website to transmit or send unsolicited commercial communications.]

     

    [You must not use this website for any purposes related to marketing without [ALLROUNDFIX] express written consent.]

     

    [Restricted access

     

    [Access to certain areas of this website is restricted.]  [ALLROUNDFIX] reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at [ALLROUNDFIX] discretion.

     

    If [ALLROUNDFIX] provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

     

    [[ALLROUNDFIX] may disable your user ID and password in [ALLROUNDFIX] sole discretion without notice or explanation.]

     

    [User content

     

    In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

     

    You grant to [ALLROUNDFIX] a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to [ALLROUNDFIX] the right to sub-license these rights, and the right to bring an action for infringement of these rights.

     

    Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or [ALLROUNDFIX] or a third party (in each case under any applicable law).

     

    You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

     

    [ALLROUNDFIX] reserves the right to edit or remove any material submitted to this website, or stored on [ALLROUNDFIX] servers, or hosted or published upon this website.

     

    [Notwithstanding [ALLROUNDFIX] rights under these terms and conditions in relation to user content, [ALLROUNDFIX] does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

    No warranties

     

    This website is provided “as is” without any representations or warranties, express or implied.  [ALLROUNDFIX] makes no representations or warranties in relation to this website or the information and materials provided on this website.

     

    Without prejudice to the generality of the foregoing paragraph, [ALLROUNDFIX] does not warrant that:

     

    • this website will be constantly available, or available at all; or
    • the information on this website is complete, true, accurate or non-misleading.

     

    Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

     

    Limitations of liability

     

    [ALLROUNDFIX] will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

     

    • [to the extent that the website is provided free-of-charge, for any direct loss;]
    • for any indirect, special or consequential loss; or
    • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

     

    These limitations of liability apply even if [ALLROUNDFIX] has been expressly advised of the potential loss.

     

    Exceptions

     

    Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [ALLROUNDFIX] liability in respect of any:

     

    • death or personal injury caused by [ALLROUNDFIX] negligence;
    • fraud or fraudulent misrepresentation on the part of [ALLROUNDFIX]; or
    • matter which it would be illegal or unlawful for [ALLROUNDFIX] to exclude or limit, or to attempt or purport to exclude or limit, its liability.

     

    Reasonableness

     

    By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

     

    If you do not think they are reasonable, you must not use this website.

     

    Other parties

     

    [You accept that, as a limited liability entity, [ALLROUNDFIX] has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against [ALLROUNDFIX] officers or employees in respect of any losses you suffer in connection with the website.]

     

    [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect [ALLROUNDFIX] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as [ALLROUNDFIX].

     

    Unenforceable provisions

     

    If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

     

    Indemnity

     

    You hereby indemnify [ALLROUNDFIX] and undertake to keep [ALLROUNDFIX] indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [ALLROUNDFIX] to a third party in settlement of a claim or dispute on the advice of [ALLROUNDFIX] legal advisers) incurred or suffered by [ALLROUNDFIX] arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

     

    Breaches of these terms and conditions

     

    Without prejudice to [ALLROUNDFIX] other rights under these terms and conditions, if you breach these terms and conditions in any way, [ALLROUNDFIX] may take such action as [ALLROUNDFIX] deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

    Variation

     

    [ALLROUNDFIX] may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

     

    Assignment

     

    [ALLROUNDFIX] may transfer, sub-contract or otherwise deal with [ALLROUNDFIX] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

     

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

     

    Severability

     

    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

     

    Entire agreement

     

    These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and [ALLROUNDFIX] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

     

    Law and jurisdiction

     

    These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

     

    [Registrations and authorisations

     

    [[ALLROUNDFIX] is registered with [TRADE REGISTER].  You can find the online version of the register at [URL].  [ALLROUNDFIX] registration number is [NUMBER].]

     

    [[ALLROUNDFIX] is subject to [AUTHORISATION SCHEME], which is supervised by [SUPERVISORY AUTHORITY].]

     

    [[ALLROUNDFIX] is registered with [PROFESSIONAL BODY].  [ALLROUNDFIX] professional title is [TITLE] and it has been granted in the United Kingdom.  [ALLROUNDFIX] is subject to the [RULES] which can be found at [URL].]

     

    [[ALLROUNDFIX] subscribes to the following code[s] of conduct: [CODE(S) OF CONDUCT].  [These codes/this code] can be consulted electronically at [URL(S)].

     

    [[ALLROUNDFIX] [TAX] number is [NUMBER].]]

 

Technology Term and Condition

Terms and Conditions

THESE TERMS AND CONDITIONS ("TERMS OF USE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF “ALLROUNDFIX,LLC”’S WEBSITE AND “ALLROUNDFIX,LLC’S SUPPORT SERVICE AND YOUR RELATIONSHIP WITH “ALLROUNDFIX,LLC”. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE “ALLROUNDFIX,LLC” SERVICE.

"AGREEMENT"

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND “ALLROUNDFIX,LLC” (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by “ALLROUNDFIX,LLC” in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the “ALLROUNDFIX,LLC” Portal (defined below), or obtain Services (defined below).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

"CONTENT"

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.

“ALLROUNDFIX,LLC”

Trademark "“ALLROUNDFIX,LLC”" is used by “ALLROUNDFIX,LLC” LLC. All references to “ALLROUNDFIX,LLC” refer to “ALLROUNDFIX,LLC” LLC.

“ALLROUNDFIX,LLC” CERTIFIED PROFESSIONAL’S/(S)"

"“ALLROUNDFIX,LLC” Certified Professional’s means" professional’s and specialists certified by “ALLROUNDFIX,LLC” to perform the Services under this Agreement.

"SUBSCRIPTION BASED PLANS"

"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by “ALLROUNDFIX,LLC” that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.

"SERVICES" AND "“ALLROUNDFIX,LLC” PORTAL"

All references to "Services" refer to any “ALLROUNDFIX,LLC” service delivered through “ALLROUNDFIX,LLC” LLC, under the plan that you enter into with “ALLROUNDFIX,LLC” through use of the “ALLROUNDFIX,LLC” website located at www.allroundfix.com (the "“ALLROUNDFIX,LLC” Portal") or by calling the “ALLROUNDFIX,LLC” phone number mentioned on the “ALLROUNDFIX,LLC” Website. These Terms of Use govern all plans available through the “ALLROUNDFIX,LLC” Website, and any use of the “ALLROUNDFIX,LLC” Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services ("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 download from the “ALLROUNDFIX,LLC” Portal are the proprietary and copyrighted work of “ALLROUNDFIX,LLC” and/or its suppliers. The definition of "Materials" does not include the design or layout of the “ALLROUNDFIX,LLC”.com web site or any other “ALLROUNDFIX,LLC” owned, operated, licensed or controlled website.

"SOFTWARE"

"Software" means a computer program of any kind, whether owned by “ALLROUNDFIX,LLC” 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 both “ALLROUNDFIX,LLC” 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 the “ALLROUNDFIX,LLC” Portal or by calling “ALLROUNDFIX,LLC”. Once “ALLROUNDFIX,LLC” accepts the Plan Order submitted by you, then you will receive an email from “ALLROUNDFIX,LLC” at the email address that you provide or have provided to “ALLROUNDFIX,LLC” as part of the Registration Process for the Services. “ALLROUNDFIX,LLC” is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by “ALLROUNDFIX,LLC” 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, “ALLROUNDFIX,LLC” will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, “ALLROUNDFIX,LLC” 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 “ALLROUNDFIX,LLC”’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-857-2303. 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.

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. All payments against the plan orders will be collected by “ALLROUNDFIX,LLC” on behalf of “ALLROUNDFIX,LLC” Consulting Services Private Limited. “ALLROUNDFIX,LLC” 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 installments 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, two or three years ("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 “ALLROUNDFIX,LLC” 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 “ALLROUNDFIX,LLC” services you were required to purchase to receive the special rate as notified to “ALLROUNDFIX,LLC”; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.

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 “ALLROUNDFIX,LLC” 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 “ALLROUNDFIX,LLC” and/or any other company who bills products or services, or acts as billing agent for “ALLROUNDFIX,LLC” 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 “ALLROUNDFIX,LLC” with updated credit card information upon “ALLROUNDFIX,LLC”’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither “ALLROUNDFIX,LLC” nor any “ALLROUNDFIX,LLC” 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 enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at “ALLROUNDFIX,LLC”’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

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 shall be automatically renewed (for the same term as the original Plan) only after we send you an email 30 days before the expiry of your subscription term notifying you about the automatic renewal of your annual subscription with an option of opting out from the automatic renewal and only if you do not opt out. Your credit card, which was used in paying for the original Plan 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 “ALLROUNDFIX,LLC”.

If you would like to opt out of the Auto Renewal, please call us at 1-800-857-2303 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at customerservice@”ALLROUNDFIX,LLC”.com

REFUND POLICY

For subscription based plans, a full refund will be issued if “ALLROUNDFIX,LLC” has not been able to resolve even a single issue for you within the first 15 days of the subscription.

If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this “ALLROUNDFIX,LLC” may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.For incident based plans, you will be eligible for refund when any of the following criterions are met:

  • You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
  • The issue is out of scope for the particular plan
  • 7 days have not passed after the issue was last worked upon by a “ALLROUNDFIX,LLC”professional’s

PRIVACY POLICY

The “ALLROUNDFIX,LLC” Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (http://www.allroundfix.com/#privacy_policy). If you have not yet reviewed the “ALLROUNDFIX,LLC” Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to “ALLROUNDFIX,LLC” over the telephone, electronically or otherwise, is not confidential or proprietary to you.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services, Materials and Software are solely 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, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and 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 “ALLROUNDFIX,LLC” Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any “ALLROUNDFIX,LLC” server, or the network(s) connected to any “ALLROUNDFIX,LLC” server, or interfere with any other party’s use and enjoyment of any of the “ALLROUNDFIX,LLC” Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any “ALLROUNDFIX,LLC” Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any “ALLROUNDFIX,LLC” server or to any of the “ALLROUNDFIX,LLC” Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any “ALLROUNDFIX,LLC” Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION

Though “ALLROUNDFIX,LLC” has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to “ALLROUNDFIX,LLC”’s "fair use" policy. Under this policy, if at any time, in “ALLROUNDFIX,LLC”’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then “ALLROUNDFIX,LLC” reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, “ALLROUNDFIX,LLC” reserves the right to suspend or terminate any Subscription Services of any Subscriber that “ALLROUNDFIX,LLC”, 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. User may terminate the Service at any time by giving written or electronic notice to “ALLROUNDFIX,LLC”; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES

“ALLROUNDFIX,LLC” may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with “ALLROUNDFIX,LLC”’s employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

USE OF COMMUNICATION SERVICES

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading “ALLROUNDFIX,LLC” or others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

“ALLROUNDFIX,LLC” has no obligation to monitor the Communication Services. However, “ALLROUNDFIX,LLC” reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. “ALLROUNDFIX,LLC” reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

“ALLROUNDFIX,LLC” reserves the right at all times to disclose any information as “ALLROUNDFIX,LLC” deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in “ALLROUNDFIX,LLC”’ s sole discretion.

Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING

You may not create hyperlinks to any portion of the “ALLROUNDFIX,LLC” Portal, nor any Materials or Software posted therein.

INDEMNITY

You agree to indemnify, defend, and hold “ALLROUNDFIX,LLC”, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of “ALLROUNDFIX,LLC” or any other third party. You will cooperate as fully as reasonably required in “ALLROUNDFIX,LLC”’s defense of any claim. “ALLROUNDFIX,LLC” reserves the right, at its own expense, to assume the exclusive defense 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 “ALLROUNDFIX,LLC”. You agree immediately to notify “ALLROUNDFIX,LLC” of any unauthorized use of your account or any other breach of security known to you.

GUESTS; LIMITED LICENSE TO USE OF “ALLROUNDFIX,LLC” PORTAL

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

As a Guest you may use the “ALLROUNDFIX,LLC” Portal and Materials specifically designated as available to guests on the “ALLROUNDFIX,LLC” Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by “ALLROUNDFIX,LLC”, (b) registering with “ALLROUNDFIX,LLC” and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

LIMITED LICENSES TO USE THE “ALLROUNDFIX,LLC” PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software posted on the “ALLROUNDFIX,LLC” Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS

Any other use of the “ALLROUNDFIX,LLC” Portal, Services, Materials or Software, other than as explicitly permitted by “ALLROUNDFIX,LLC” is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to “ALLROUNDFIX,LLC” and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will:

  • Cooperate with the “ALLROUNDFIX,LLC”Professional’s: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the professional’s. Please listen carefully to the professional’s and follow the professional’s’s instructions. You must confirm that the following conditions are true:
    • The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
    • You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
    • The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with “ALLROUNDFIX,LLC” support personnel.
  • Software/Data Backup: You understand and agree that “ALLROUNDFIX,LLC” shall under no circumstance be responsible for any lost or corrupted software or data. “ALLROUNDFIX,LLC” 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 “ALLROUNDFIX,LLC” immediately of any unauthorized use of your account or any other breach of security. “ALLROUNDFIX,LLC” 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 “ALLROUNDFIX,LLC” or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of “ALLROUNDFIX,LLC”’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 “ALLROUNDFIX,LLC”’s ability to schedule a support session. You hereby release “ALLROUNDFIX,LLC” from any and all liability, and agree that “ALLROUNDFIX,LLC” shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.”ALLROUNDFIX,LLC” or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM "SERVICES"

"Services" shall not include the following:

  • any item or activity not covered by the terms of a Plan Order;
  • service beyond the duration limitations identified in your Plan Order;
  • problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
  • Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
  • Problems that may and do 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; or
    • Problems caused by using accessories, parts, or components not compatible with the product.
    • Non Compliance with the “ALLROUNDFIX,LLC”professional’s instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE “ALLROUNDFIX,LLC” PORTAL, OR THROUGH A SERVICE

For your convenience, “ALLROUNDFIX,LLC” may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.

The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound or image from any “ALLROUNDFIX,LLC” Web site may be copied or retransmitted unless expressly permitted by “ALLROUNDFIX,LLC”.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA) – GENERALLY

In connection with our Service, we may provide to you, the use of certain software which is owned by “ALLROUNDFIX,LLC” or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

The Software may be accompanied by a EULA from “ALLROUNDFIX,LLC” or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR “ALLROUNDFIX,LLC” SOFTWARE

With regard to any Software made available to you by “ALLROUNDFIX,LLC” through the “ALLROUNDFIX,LLC” Portal for which your acceptance of a separate license agreement is not required ("“ALLROUNDFIX,LLC” Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by “ALLROUNDFIX,LLC” to use the “ALLROUNDFIX,LLC” Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the “ALLROUNDFIX,LLC” Software. You agree that the “ALLROUNDFIX,LLC” Software is the confidential and proprietary information of “ALLROUNDFIX,LLC” or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse professional’s, disassemble, attempt to discover any source code or underlying ideas or algorithms of the “ALLROUNDFIX,LLC” Software, or otherwise reduce the “ALLROUNDFIX,LLC” Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the “ALLROUNDFIX,LLC” Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the “ALLROUNDFIX,LLC” Software. You acknowledge that this license is not a sale of intellectual property and that “ALLROUNDFIX,LLC” or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the “ALLROUNDFIX,LLC” Software and related documentation, as well as any corrections, updates and upgrades. The “ALLROUNDFIX,LLC” Software may be used only in the country of residence at the time of acceptance of these terms for use of the “ALLROUNDFIX,LLC” Software. Export of the “ALLROUNDFIX,LLC” Software is strictly prohibited.

THIRD PARTY PRODUCTS

As part of the Services, “ALLROUNDFIX,LLC” may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether “ALLROUNDFIX,LLC” assists you in the acquisition, installation, and/or use of Third Party Software. “ALLROUNDFIX,LLC” has no responsibility or 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.Your license to the “ALLROUNDFIX,LLC” Software shall remain in full force and effect unless and until terminated by “ALLROUNDFIX,LLC”, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the “ALLROUNDFIX,LLC” Software and immediately delete the “ALLROUNDFIX,LLC” Software from your computer.

To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or 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 AGREEMENTS

As part of the Services, “ALLROUNDFIX,LLC” 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. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that “ALLROUNDFIX,LLC” may elect to make available from time to time. Violation of such third party provider’s terms of service may, in “ALLROUNDFIX,LLC”’s sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY

“ALLROUNDFIX,LLC” DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW “ALLROUNDFIX,LLC” TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

SOME OF THE “ALLROUNDFIX,LLC” SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT

“ALLROUNDFIX,LLC” AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. “ALLROUNDFIX,LLC” AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. “ALLROUNDFIX,LLC”AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL “ALLROUNDFIX,LLC” AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary in no event shall “ALLROUNDFIX,LLC” be liable to you in excess of the amounts actually paid by you to “ALLROUNDFIX,LLC” under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION

“ALLROUNDFIX,LLC” at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of “ALLROUNDFIX,LLC”: (a) you are in breach of any of the 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; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, “ALLROUNDFIX,LLC”’s network, or the use and enjoyment of “ALLROUNDFIX,LLC”’s other users; (c) “ALLROUNDFIX,LLC” receives an order from a court to terminate the Service you are availing ; (d) if “ALLROUNDFIX,LLC” for any reason ceases to offer the Service; (e) if you are no longer a “ALLROUNDFIX,LLC” customer, or (f) “ALLROUNDFIX,LLC” determines that you are abusing the Service. “ALLROUNDFIX,LLC”, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY; WAIVER

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

NO OFFER

The “ALLROUNDFIX,LLC” Portal is available internationally and may contain references to “ALLROUNDFIX,LLC” products, services, and programs that are not available in a viewer’s country. These references do not imply that “ALLROUNDFIX,LLC” intends to make such products, services, or programs available in such country.

MODIFICATION

“ALLROUNDFIX,LLC” reserves the right to amend the Terms and Condition, and the “ALLROUNDFIX,LLC” Portal at any time by (a) posting a revised version of the Terms and Conditions on the “ALLROUNDFIX,LLC” Portal (http://www.allroundfix.com/#terms), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to “ALLROUNDFIX,LLC” in connection with registration. You are responsible for regularly reviewing the “ALLROUNDFIX,LLC” website to be notified of any amendments to the Terms and Conditions.

ARBITRATION AND CLASS ACTION WAIVER

Arbitration

Any claim, dispute, or controversy ("Claim") arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Consumer Rules in effect at the time the Claim is filed ("AAA Rules"). The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. The arbitration proceedings shall be held in New York, U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Class Action Waiver

The Parties hereby expressly agree that any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT.

Before you take a dispute to arbitration or to small claims court, you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought ("Demand") and give us an opportunity to resolve the dispute. Similarly, before “ALLROUNDFIX,LLC” takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and “ALLROUNDFIX,LLC” do not reach an agreement to resolve the claim within 60 days from the date you or “ALLROUNDFIX,LLC” is notified by the other of a dispute, you or “ALLROUNDFIX,LLC” may commence an arbitration proceeding.

If “ALLROUNDFIX,LLC” prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then “ALLROUNDFIX,LLC” may seek to recover the AAA"s fees and expenses of the arbitrator from you.

Information about the arbitration process and the AAA"s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. By notifying “ALLROUNDFIX,LLC” within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.

If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to feedback@”ALLROUNDFIX,LLC”.com

“ALLROUNDFIX,LLC” Support Agreement

This PROFESSIONAL SUPPORTSERVICES AGREEMENT is with “ALLROUNDFIX,LLC”, llc. (referred to as "Supplier"), withcorporate address of 32930, Alvarado-Niles Road, Union City, CA 94587 and Customer can be a company or individual located at United states (referred to as "Customer").

WHEREAS, the Supplier is interested in providing fee-based support services to the Customer and the Customer is interested in receiving the services provided for in this Agreement.

NOW, THEREFORE, in consideration to the same, and other good and valuable consideration, the customer hereby agree as follows:

  1. STANDARD TERMS AND CONDITIONS:The Customer agrees to all provisions of Supplier’s’ Standard Terms and Conditions, herein incorporated by reference to this Agreement.
  2. PAYMENT:Payment will be due in advance of the effective contract date. Also $30 is the Consulting charge for all cases raised to “ALLROUNDFIX,LLC” where customer agrees to troubleshoot the issue over the phone or remote.

III. SERVICES PROVIDED: Support services provided by the Supplier under the terms and conditions of this agreement will be limited to the Services mentioned below only. These services are provided on a best effort basis.

  1. Cooperation of the Customer:The Customer agrees to comply with all requests of the Supplier and to provide access to all documents and files necessary to the performance of the Supplier's duties under this Agreement.
  2. Specific Services:The Supplier agrees to provide telephone consultation, instruction, or support (including installation, setup, troubleshooting, and operational information) as it pertains to the qualifying software product.
  3. Method of Performing Services:The Supplier will determine Phone and online support method for performing the above-described services.
  4. CONTRACT TERM:This agreement will remain in force for a period of one (1) year from the effective date. The agreement will automatically get terminated after one (1) year period or for the term plan which customer has selected.
  5. ASSIGNMENT:The Customer may not assign any rights hereunder without the prior written approval of the Supplier, and any attempt to assign any rights, duties, or obligations hereunder without the Supplier's written consent will be void. without the Customer’s consent.

VII. DISCLAIMER OF WARRANTY: THE SUPPLIER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES PROVIDED HEREUNDER.

VIII. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SUPPLIER BE LIABLE TO CUSTOMER OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH CUSTOMER FOR ANY CLAIM, LOSS, OR DAMAGE OR ANY KIND OR NATURE; WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS SHALL IN NO WAY CAUSE LIABILITY TO CUSTOMER. ANY SOFTWARE FAILURE OR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM THE FOREGOING, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SHOULD NOT BE ASSUMED BY THE SUPPLIER.

  1. TERMINATION OF AGREEMENT:
  2. Termination upon Notice:Notwithstanding any other provisions of this Agreement, either party hereto may terminate this Agreement at any time by giving thirty (30) days written notice to the other party. Unless otherwise terminated as provided herein, this Agreement shall continue in force for a period of Plan selected. The Customer will forfeit any and all moneys paid upon execution of this agreement.
  3. Termination on Occurrence of Stated Events:This Agreement shall terminate automatically on the occurrence of (1) bankruptcy or insolvency of either party; (2) sale of the business of either party; (3) death of the Customer; or (4) assignment of this Agreement by either party without the express written consent of the other party.
  4. Termination by the Customer for Default of the Supplier:Should the Supplier default in the performance of this Agreement or materially breach any of its provisions, the Customer, at the Customer's option, may terminate this Agreement by giving written notification to the Supplier and allow 15 days to response. In the event that any of the provisions of this Agreement remain in full force and effect, provided that in such event the parties agree to negotiate in good faith substitute enforceable provisions which most nearly effect the parties' intent in entering into this Agreement.
  5. Termination for Failure to Make Agreed-Upon Payments:Should the Customer fail to pay the Supplier all or any part of the fees set forth in this Agreement on the due date, the Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the Customer within thirty (30) days from the date payment is due.
  6. NOTICES:All notices and demands of any kind which Customer or Supplier may be required or desire to serve upon the other under the terms of this Agreement shall be in writing and shall be served by personal service or by email at support@”ALLROUNDFIX,LLC”.com of the receiving party set forth above (or at such different addresses as may be designated by either party by written notice to the other party). All notices or demands by mail shall be by certified or registered mail, return receipt requested, and shall be deemed complete three days after mailing. Notices sent to Supplier shall be addressed to the attention of "Legal Services."

Xl. Refund: Diagnostic charge of $40 is nonrefundable. As diagnostic charge is fully based on consulting for finding the issues on the device. For subscription based plans, refund will be issued if “ALLROUNDFIX,LLC” has not been able to resolve even a single issue for you within the first 7 days of the subscription. If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this “ALLROUNDFIX,LLC” may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. For incident based plans, you will be eligible for refund when any of the following criterions are met:

  • You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
  • The issue is out of scope for the particular plan
  • 7 days have not passed after the issue was last worked upon by a “ALLROUNDFIX,LLC”professional’s

ENTIRE AGREEMENT: This Agreement, including any attachments hereto, constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Each party acknowledges that it is not entering into this Agreement on the basis of, and has not relied on, any representations not expressly contained herein. Any modifications of this Agreement must be in writing and signed by both parties hereto.

Return Policies “ALLROUNDFIX,LLC” products

“ALLROUNDFIX,LLC” Shop’s Standard Return Policy is divided into two categories:

Stock Balance–

This product is unopened, unused and can be resold as new. Products must be in resalable condition (without price tags, clean, undamaged, unused, unopened and complete in the original manufacturer packaging). All products deemed not in stock balance condition will be returned to customers at their expense. Please note that in case of stock balance refund the customer will have to bear the reverse shipment and handling cost. Stock Balance return should be reported within 15 days of ordering the product.

Defective --

This product will not operate or is dead on arrival or D.O.A. Incompatible product is not defective or D.O.A. “ALLROUNDFIX,LLC” Shop tests defective and D.O.A products. Any product deemed not defective or D.O.A. will be returned to customers at their expense. D.O.A. return should be reported within 15 days of ordering the product.

Cancellation Fee

If the customer decides to return the product then:

For orders above $100: The cancellation fee will be equivalent to the shipping charges applied to the order

For orders below $100: The cancellation fee will be a flat deduction of $20.

Customer Service

If you have any questions regarding the above information, contact “ALLROUNDFIX,LLC” Shop's Customer Service Department at –1-800-857-2303- or support@”ALLROUNDFIX,LLC”.com

Overgoods

All products returned to “ALLROUNDFIX,LLC” Shop that do not meet the original requirements for that return will be classified as overgoods. All overgoods will be returned to the customer. The customer will be charged a processing fee per shipment returned, plus related freight charges.

Downloadable Products

No Returns are provided for any downloadable / key related software products, software once downloaded on your machine and installed / activated using the key, will not be refunded as the key is exposed and time period for the software starts which cannot be reused.

All return policies are subject to change without notice.

Thanks for Being with US

“ALLROUNDFIX,LLC” LLC

River St.,HydePark,MA 02136

Contact: 1-800-857-2303

Support Line: 1-800-857-2303

Support Time: Monday till Friday 9 AM till 6 PM EST

Email Support: Customer@allroundfix.com