Terms & Conditions

Terms of Use

THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF GearPoint Solution’s WEBSITE AND GearPoint Solution’s COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH GearPoint Solutions. 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 PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE GearPoint Solutions 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 GearPoint Solutions (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by GearPoint Solutions in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the GearPoint Solutions 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. “GearPoint Solutions” GearPoint Solutions means GearPoint Solutions Inc. or GearPoint Solutions Limited or GearPoint Solutions Pte Ltd. and/or any of its affiliates, wherever applicable. “GearPoint Solutions CERTIFIED TECHNICIAN/(S)” “GearPoint Solutions Certified Technician means” technicians and specialists certified by GearPoint Solutions to perform the Services under this Agreement. “PLANS” “Plans” or “Subscription/(s)” are tenured Subscription plans offered by GearPoint Solutions that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like. “SERVICES” AND “GearPoint Solutions PORTAL” All references to “Services” refer to any GearPoint Solutions service delivered, under the plan that you enter into with GearPoint Solutions through use of the GearPoint Solutions Website located at www.GearPoint Solutions.net and/or www.GearPoint Solutions.com (the “GearPoint Solutions Portal”) or by calling the GearPoint Solutions phone number mentioned on the GearPoint Solutions Website. These Terms of Use govern all plans available through the GearPoint Solutions Website, and any use of the GearPoint Solutions 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 GearPoint Solutions Portal are the proprietary and copyrighted work of GearPoint Solutions and/or its suppliers. The definition of “Materials” does not include the design or layout of the GearPoint Solutions.net web site or any other GearPoint Solutions owned, operated, licensed or controlled website. “TRADEMARK” Trademark “GearPoint Solutions” may be used by GearPoint Solutions Inc. or GearPoint Solutions Limited or GearPoint Solutions Pte Ltd. and/or any of its affiliates, wherever applicable. “SOFTWARE” “Software” means a computer program of any kind, whether owned by GearPoint Solutions 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 GearPoint Solutions 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; You may order Services by submitting Plan Orders through the GearPoint Solutions Portal or by calling GearPoint Solutions. Once GearPoint Solutions accepts the Plan Order submitted by you, then you will receive an email from GearPoint Solutions at the email address that you provide or have provided to GearPoint Solutions as part of the Registration Process for the Services. GearPoint Solutions is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by GearPoint Solutions of a Plan Order, you will have a Plan. UNDERTAKING Subject to the Terms and Conditions, and other terms specific to each Plan, GearPoint Solutions will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, GearPoint Solutions 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 Plans are subject to GearPoint Solutions’s limited warranty, which is set forth below. For more information, please refer to online documentation or email us at contact@GearPointcrm.com. 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. GearPoint Solutions has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made. You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee and/or TechGenie License 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, all payments fees shall be made in advance 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/TechGenie License Fee) can be refunded as per the provisions of Refund specified herein. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Plan. When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). Plans can also have TechGenie License fees. TechGenie License fees will be paid alongwith the Service Fee and shall remain valid for a period of 5 years from the date of subscription. 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 GearPoint Solutions 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 GearPoint Solutions services you were required to purchase to receive the special rate as notified to GearPoint Solutions; or (3) You terminate the agreement/ 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 GearPoint Solutions 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 GearPoint Solutions and/or any other company who bills products or services, or acts as billing agent for GearPoint Solutions 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 GearPoint Solutions with updated credit card information upon GearPoint Solutions’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither GearPoint Solutions nor any GearPoint Solutions 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 GearPoint Solutions’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 your Subscription under the Plan will automatically renew for the same period as mentioned in your Plan, unless notified otherwise by You (“Auto Renewal”). However, a Plan and/or an antivirus or/a warranty purchased from GearPoint Solutions shall be automatically renewed (in accordance with the terms of the 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 Plan 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 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 GearPoint Solutions. If you would like to opt out of the Auto Renewal please email us at contact@gearpointcrm.com at least 30 days prior to your subscription end date to discontinue your service or write to us.