TERMS OF SERVICE

THESE TERMS AND CONDITIONS (“TERMS OF USE”) SPECIFY THE ESSESNTIALS AS REGARDS YOUR USE OF iTechbrigade’s WEBSITE AND iTechbrigade’s COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH iTechbrigade. READ THE TERMS CAREFULLY AND IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM iTechbrigade, INCLUDING ALL YOUR EXISTING PLANS. YOUR USE OF THE iTechbrigade SERVICE IMPLIES YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS.


"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 iTechbrigade (THE “AGREEMENT”). The Plan Order will be constituent in the “Agreement” only if the same has been acknowledged by iTechbrigade in writing, through an e-mail or otherwise. Acceptance of Terms and Conditions makes you eligible to use the iTechbrigade Portal, or obtain Services.


"DEFINITIONS"

For the purpose of this Agreement, certain terms are defined as follows. Some of these terms 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"

“You” means you in the capacity of an individual, or any person, including any employer that you are acting on behalf of.


"ITECHBRIGADE"

“iTechbrigade” is used by iTechbrigade Services‚ under an authorization from iTechbrigade Services. All references to iTechbrigade refer to iTechbrigade Services.


"ITECHBRIGADE CERTIFIED TECHNICIAN/(S)"

“iTechbrigade Certified Technician” means technicians and specialists certified by iTechbrigade to perform the Services under this Agreement


"SUBSCRIPTION BASED PLANS"

“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by iTechbrigade 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 "ITECHBRIGADE PORTAL"

All references to “Services” refer to any iTechbrigade service delivered through iTechbrigade Technical Services Private Limited, under the plan that you enter into with iTechbrigade through use of the iTechbrigade Website located at www.iTechbrigade.net (the “iTechbrigade Portal”) or by calling the iTechbrigade phone number mentioned on the iTechbrigade Website. These Terms of Use govern all plans available through the iTechbrigade Website, and any use of the iTechbrigade Portal. In the event of a 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 iTechbrigade Portal are the proprietary and copyrighted work of iTechbrigade and/or its suppliers. The definition of “Materials” excludes from its ambit, the design or layout of the iTechbrigade.net web site or any other iTechbrigade owned, operated, licensed or controlled website.


"SOFTWARE"

“Software” means a computer program of any kind, whether owned by iTechbrigade 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 iTechbrigade 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"

For ordering services, you will be required to submit Plan Orders through the iTechbrigade Portal or call the iTechbrigade customer service regarding the same. Once iTechbrigade accepts the Plan Order submitted by you, you will receive an email from iTechbrigade at the email address provided by you while registering for the Services. Upon acceptance by iTechbrigade of a Plan Order, you will have a Service Plan. iTechbrigade will not be responsible for rendering Services relating to a Plan Order it does not accept.


"UNDERTAKING"

Subject to the Terms and Conditions, and other terms specific to each Service Plan, iTechbrigade will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, iTechbrigade will diagnose the problem and provide solution through email, messenger chat or other means as it deems most appropriate under the circumstances, including access to your computer. You understand that if your computer is accessed by us there will be no residual software from that 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 can either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to iTechbrigade’s Limited Warranty. For further information, please refer to online documentation or call us at 1- 855-803-1371. 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"

The applicable fees for the Services you order may be quoted on the telephone and/or may be available on the Website. Services against any Plan Order will be available once you have made payment for Services as per the requirements of the Plan Order. All payments against the Plan Orders will be collected by iTechbrigade on behalf of iTechbrigade Technical Services Private Limited. iTechbrigade does not have an 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 iTechbrigade 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 iTechbrigade services you were required to purchase to receive the special rate as notified to iTechbrigade; 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 iTechbrigade 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 iTechbrigade and/or any other company who bills products or services, or acts as billing agent for iTechbrigade 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 iTechbrigade with updated credit card information upon iTechbrigade’S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither iTechbrigade nor any iTechbrigade 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 iTechbrigade’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 and/or a warranty purchased from iTechbrigade shall be automatically renewed (for the same term as the original Plan) only after an email is sent to you by iTechbrigade, 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. If you do not opt out, the credit card which you used for paying for the original Plan or any other purchase from us 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 iTechbrigade.If you would like to opt out of the Auto Renewal, please call our customer service representative at 1-855-803-1371 and register yourself for discontinuance of service, at least 30 days prior to your subscription end date or write to us at customersupport@itechbrigade.com.


"REFUND POLICY"

iTechbrigade has separate refund policies based on the type of Plan purchased.

Subscription Plan Refund

in case of Subscription Plans, refund requests will be honored if our technicians are unable to resolve any of the issues within the first 30 days of the subscription. If iTechbrigade successfully resolves one or more issues, the Subscription Plan fees are not refundable. Notwithstanding the above mentioned condition, iTechbrigade may, at its sole discretion and on a case to case basis, agree to a refund the Subscription fees after deducting charges for providing service to the Customer.

Incident Plan Refund

the fees for Incident based plans will be refunded if any of the following conditions are fulfilled:
• Within 15 days since the issue was last worked upon by an iTechbrigade technician, issue was still not resolved despite you having all the prerequisites of problem resolution.
• The issue is beyond the scope of the particular plan.


"Changes to Refund Policy"

iTechbrigade reserves the right, at any time and without notice, to update or otherwise modify this Refund Policy by posting such update or other modification at the Refund Policy page on the Website. Any update or other modification shall be effective immediately upon such posting, or on a date as mentioned in the notification of such update or modification. Accordingly, we suggest you to visit the Refund Policy page periodically to determine any changes.


"PRIVACY POLICY"

The iTechbrigade Privacy Policy forms an essential part of these Terms and Conditions and is incorporated here by reference (http://www.iTechbrigade.net/Policy.aspx). We request you to review the iTechbrigade Privacy Policy before 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 iTechbrigade 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 iTechbrigade 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 iTechbrigade server, or the network(s) connected to any iTechbrigade server, or interfere with any other party’s use and enjoyment of any of the iTechbrigade Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any iTechbrigade Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any iTechbrigade server or to any of the iTechbrigade Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any iTechbrigade 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 iTechbrigade 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 iTechbrigade’s “fair use” policy. Under this policy, if at any time, in iTechbrigade’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 iTechbrigade reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, iTechbrigade reserves the right to suspend or terminate any Subscription Services of any Subscriber that iTechbrigade, 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 iTechbrigade; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.


"COMMUNICATIONS SERVICES"

iTechbrigade 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 iTechbrigade'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. You further consent to receive calls and e-mails from or on behalf of iTechbrigade regarding your Subscription Services, including renewals thereof and other related product or services from iTechbrigade, which may be of interest to you, at the telephone numbers provided in your Subscription Plan, including your wireless number if provided. Please note that the forgoing consent is not a condition of purchase. If you do not wish to receive such calls and e-mails from iTechbrigade, you can indicate your preference by following the instructions included in such communication or by emailing us at customersupport@itechbrigade.com, or you may contact us at 1-855-803-1371, to opt-out.


"USE OF COMMUNICATIONS SERVICES "

You shall 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, when using the Communication Services, you shall not:
1. 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);
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
4. 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;
5. 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;
6. 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;
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
8. 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;
9. 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;
10. Restrict or inhibit any other user from using and enjoying the Communication Services;
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
12. Harvest or otherwise collect information about others, including e-mail addresses;
13. Violate any applicable laws or regulations;
14. Create a false identity for the purpose of misleading iTechbrigade or others; 15. 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. iTechbrigade has no obligation to monitor the Communication Services. However, iTechbrigade reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. iTechbrigade reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. iTechbrigade reserves the right at all times to disclose any information as iTechbrigade 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 iTechbrigade'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 shall not create hyperlinks to any portion of the iTechbrigade Portal, nor any Materials or Software posted therein.


"INDEMNITY"

You agree to indemnify, defend, and hold iTechbrigade, 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 iTechbrigade or any other third party. You will cooperate as fully as reasonably required in iTechbrigade’s defense of any claim. iTechbrigade 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 iTechbrigade. You agree immediately to notify iTechbrigade of any unauthorized use of your account or any other breach of security known to you.


"GUESTS: LIMITED LICENSE TO USE OF ITECHBRIGADE PORTAL"

If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the iTechbrigade Portal by current iTechbrigade 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 iTechbrigade Portal and Materials specifically designated as available to guests on the iTechbrigade Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by iTechbrigade, (b) registering with iTechbrigade and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.


"LIMITED LICENSES TO USE THE ITECHBRIGADE PORTAL, MATERIALS AND SOFTWARE"

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


"SECURITY"

While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.


"SUBMISSIONS"

All comments, feedback, information (other than your personally identifiable information (PII) or billing information) or materials submitted to iTechbrigade ("Submissions") shall be considered non-confidential and iTechbrigade's property. By providing such Submissions to iTechbrigade, you agree to assign to iTechbrigade, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. iTechbrigade shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any subscription Services purchased by you, you acknowledge and agree that iTechbrigade may retain some of your personally identifiable information (PII) or billing information for purposes of record retention and for purposes of billing any renewals of the subscription Services, which shall not be subject to the foregoing assignment provision. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
By submitting or sending Submissions to us, you hereby : (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submissions are original to you, that no other party has any rights thereto, and that any "moral rights" in Submissions have been waived, and (iii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that you provide to us, nor are we responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.


"GENERAL LICENSE RESTRICTIONS"

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


"USER RESPONSIBILITY"

In connection with obtaining Services, you agree that you will:
• Cooperate with the iTechbrigade Technician: 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 technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
o 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;
o You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
o The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with iTechbrigade support personnel.
• Software/Data Backup: You understand and agree that iTechbrigade shall under no circumstance be responsible for any lost or corrupted software or data. iTechbrigade 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 iTechbrigade immediately of any unauthorized use of your account or any other breach of security. iTechbrigade 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 iTechbrigade 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 iTechbrigade’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, Government notifications, or the like) may cause significant delays in iTechbrigade’S ability to schedule a support session. You hereby release iTechbrigade from any and all liability, and agree that iTechbrigade shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
iTechbrigade 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:
o External causes such as accident, abuse, misuse, or problems with electrical power;
o Usage that is not in accordance with product instructions provided by manufacture;
o Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
o Problems caused by using accessories, parts, or components not compatible with the product. o Non Compliance with the iTechbrigade technician instructions for resolving the query.


"NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE ITECHBRIGADE PORTAL, OR THROUGH A SERVICE"

For your convenience, iTechbrigade 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 iTechbrigade Web site may be copied or retransmitted unless expressly permitted by iTechbrigade. 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 iTechbrigade 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 iTechbrigade 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 ITECHBRIGADE SOFTWARE"

With regard to any Software made available to you by iTechbrigade through the iTechbrigade Portal for which your acceptance of a separate license agreement is not required (“iTechbrigade Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by iTechbrigade to use the iTechbrigade 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 iTechbrigade Software. You agree that the iTechbrigade Software is the confidential and proprietary information of iTechbrigade 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 technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the iTechbrigade Software, or otherwise reduce the iTechbrigade 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 iTechbrigade 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 iTechbrigade Software. You acknowledge that this license is not a sale of intellectual property and that iTechbrigade 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 iTechbrigade Software and related documentation, as well as any corrections, updates and upgrades. The iTechbrigade Software may be used only in the country of residence at the time of acceptance of these terms for use of the iTechbrigade Software. Export of the iTechbrigade Software is strictly prohibited.


"THIRD PARTY PRODUCTS"

As part of the Services, iTechbrigade 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 iTechbrigade assists you in the acquisition, installation, and/or use of Third Party Software. iTechbrigade 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 iTechbrigade Software shall remain in full force and effect unless and until terminated by iTechbrigade, 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 iTechbrigade Software and immediately delete the iTechbrigade 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, iTechbrigade 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 iTechbrigade may elect to make available from time to time. Violation of such third party provider’s terms of service may, in iTechbrigade’s sole discretion, result in the termination of your customer account and use of service.


"LIMITED SERVICE WARRANTY"

iTechbrigade 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 iTechbrigade TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
iTechbrigade 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. iTechbrigade 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. iTechbrigade 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 iTechbrigade 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 iTechbrigade be liable to you in excess of the amounts actually paid by you to iTechbrigade under the Plan Order that is the subject of the dispute.


"LIMITATIONS ON ACTIONS"

Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall be forever waived and barred.


"TERM AND TERMINATION"

iTechbrigade at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of iTechbrigade: (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, iTechbrigade’s network, or the use and enjoyment of iTechbrigade’S other users; (c) iTechbrigade receives an order from a court to terminate the Service you are availing ; (d) if iTechbrigade for any reason ceases to offer the Service; (e) if you are no longer a iTechbrigade customer, or (f) iTechbrigade determines that you are abusing the Service. iTechbrigade, 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. iTechbrigade’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"

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


"MODIFICATION"

While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.


"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 or three Arbitrators, as mutually decided upon by the Parties, constituting the Arbitration Tribunal, through binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1986. 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 Arbitration Tribunal, 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 seat of arbitration proceedings shall be New York, USA 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 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 consumer 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 iTechbrigade takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and iTechbrigade do not reach an agreement to resolve the claim within 60 days from the date you or iTechbrigade is notified by the other of a dispute, you or iTechbrigade may commence an arbitration proceeding. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator.
By notifying iTechbrigade within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
The amount of any settlement offer made by iTechbrigade shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. After iTechbrigade receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.
If iTechbrigade prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then iTechbrigade may seek to recover the Arbitration proceedings’ fees and expenses of the arbitrator from you. If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to customersupport@itechbrigade.com