For subscription based plans, a full refund will be issued if Pixel Byte has not been able to resolve even a si ngle issue for you within the first 30 days of the subscription. If there are one or more res olved issues, the fees for the Subscription Service will not be refundable.
Not with standing this Pixel Byte may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charge s 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 Issue was not resolved until the time account was active.
30 days have not passed after the issue was last worked upon by a Pixel Byte technician
User Responsibility In connection with obtaining Services, you agree that you will:
Basic Responsibilities: You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. By electing to receive th e Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have co mpleted a backup onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to Pixel Byte is accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to Pixel Byte.
Liability Release: To the extent permitted by applicable law, Pixel Byte will have no liability for loss of or recovery of data, programs, or loss of u se of systems(s) or networks arising out of the S ervices or any act or omission, including negligence, by Pixel Byte and/or its representatives. If Pixel Byte works with you on any password or other access control oriented problems, Pixel Byte bly recommends that you reset s uch passwords(s) immediately following the completion of the Services.
Transfer: The SubscriptionBasedServices are only transferable once during the subscription period from one computer to another provided it is owned by you. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
Data Backup: Pixel Byte does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your co mputer and storage media before ordering the services. You acknowledge and agree that Pixel Byte or its referral partners have no responsibility or liability under any circum stance at any time for any loss or corruption of customer data, software or hardware that m ay arise out of the services. Pixel Byte does not provide backup copies or sup port installation of unlicensed software to cust omers. Please ensure that you have a licensed copy of all necessary software.
Cooperate with the Pixel Byte Technician: We will use commercially reasonable efforts to provide the to you. Our experience shows t hat most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single syst em, 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 su rrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any discu ssions with Pixel Byte personnel.
Availability of Services and Materials under Force Majeure Circumstances
You hereby acknowledge that circumstances outside of Pixel Byte reasonable control (e.g., acts of God, a la rge scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil di sorder, and acts of terrorism, fires, floods, v andalism, sabotage, acts of third parties, or the like) may cause significant delays in Pixel Byte ability to schedule a session. You hereby release Pixel Byte from any and all liability, and agree that Pixel Byte shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Pixel Byte 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”
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 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 op erating system and software added to the registered hardware products which are out of scope for the Service Plan;
Notice Specific to Materials and Software Available on the Pixel Byte Websites, or Through a Service For your convenience, Pixel Byte 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 go verned by the more stringent of (a) the terms of the end user license agreement (“EUL A”), 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 the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may r esult in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any Pixel Byte Web site may be copied or retransmitted unless expressly permitted by Pixel Byte.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPROD UCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTH ER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR R EDISTRIBUTION IS EXPRESSLY PERMITT ED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
Inconnection with our Servic e, we may provide to you, the use of certai n software which is owned by Pixel Byte 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 Pixel Byte 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.
With regard to any Software made available to you by Pixel Byte through the Pixel Byte Web sites for which your acceptance of a separate license agreement is not required (“Pixel Byte Software”), you are hereby g ranted a revocable, nonexclusive, non- transferable license by Pixel Byte to use the Pixel Byte Software (and any corrections, updates and upgrades). In acco rdance with and as required under the Service Pl an you shall not make any copies of the Pixel Byte Software. You agree that t he Pixel Byte Software is the confidential and proprietary information of C ore Software Solution or its third party licensors, providers or suppliers, and which you sh all not disclose to others or use except as expressly permitted herein. You may not decompile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Pixel Byte Software, or otherwise reduce the Pixel Byte Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, repro duce, sublicense or distribute copies of the Softw are, or otherwise transfer the Pixel Byte 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 grante d any title or rights of ownership in the Pixel Byte Software. You acknowledge that this license is not a sale of intellectual property and that Pixel Byte 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 th e Pixel Byte Software and related documentation, as well as any corrections, updates and upgrades. The Pixel Byte Software may be used only in the country of residence at the time of acceptance of these terms for use of the Pixel Byte Soft ware. Export of the Pixel Byte Software is strictly prohibited.
As part of the Services, Pixel Byte 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 S oftware. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Cor e Software Solution assists you in the acquisition, installation, and/or use of Third Party Software. Pixel Byte 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 Pixel Byte Software shall remain in full force and effect unless and until terminated by Pixel Byte, 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 Ser vice Plan for any reason, you must cease all use of the Service Plan and the Pixel Byte Software and immediately delete the Pixel Byte Software from your computer. To the extent that we provide technical assistance and for Third Party Soft ware or equipment, you must ensure that yo u comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no repre sentation 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 and if so, to acquire such rights. You acknowledge that of Third Party Software or equipment an unauthorized service provider may void an y warranty made by the supplier of such Third Party Software or equipment.
As part of the Services, Pixel Byte 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 Websites, training, music, gaming and storage services that Pixel Byte may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Pixel Byte sole discretion, result in the termination of your customer account and use of service.