Terms of Service
Terms Of Service This document consists of the Terms of Service Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor to our site and/or client receiving our services and MenderClub™ | A Platform By MenderClub Onsite – Online Services., and MenderClub being its subsidiary. MenderClub™ | A Platform By MenderClub Onsite – Online Services, is the entity that owns and operates this Site and provides the tools and services offered by MenderClub via this Site.
As a requirement, precedent to you being able to use any of the tools, functions and services offered you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any element of this site, or use any functions, tools, or services that this site offers, register as a member, or view any text or graphics, such activities on your part means explicitly and definitely that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement, you must leave this Site promptly and you may not retain our services.
Service Plans and Related Information
All service plans are subject to modification or cancellation at any time with no prior notice. MenderClub™ | A Platform By MenderClub Onsite – Online Services, and/or MenderClub reserve the right to cancel service at any time with no prior notice, for any reason they, in their sole discretion, deem appropriate.
You agree, as our client, to be financially responsible for all services rendered. You also agree to refrain from requesting “charge-backs” or cancelling any fees or service charges paid for with your credit card.
The Subscription Support Plans require a twelve (12) month commitment and are non-refundable.
After the first year, customer may cancel at any time with thirty (30) days written notice. The subscription plans do not include support for accounting, financial, database, CAD/CAM or similar software nor do they support any software training.
If you are dissatisfied with the work performed, you must submit your complaint and email it to email@example.com within seven calendar days of the service being performed otherwise you expressly relinquish any ability to dispute the quality of service and any related refusal to pay our service and related charges. We will act in response to your written complaint as soon as we are able to and will endeavour to resolve the issues regarding your complaint. All complaints that are not resolved will be resolved by mandatory, binding arbitration as set forth herein.
Failed Service Attempts
We will act in all reasonable ways to establish the nature of the problem(s) that require our professional attention and to locate, analyse and correct those errors or problems. Nonetheless, we do not promise that, despite our best efforts that we will be able to successfully resolve the problems you have retained us to check up and repair. Consequently, you are still liable for and must pay us for our time spent attempting to repair your problems even if we cannot, using all reasonable efforts, produce actual repairs.
If a registered customer calls into MENDERCLUB support, a case called Ticket will be created on their behalf in the MENDERCLUB Support Portal. Customer would get an immediate email once a support ticket is raised. If the question / issue can be answered by the agent on the phone / remote without requiring additional research/reproduction then the ticket will be closed in the support portal recapping on the solution provided on the phone / remote session. If additional attention is required by the agent to follow up on the support ticket then the support ticket will be kept OPEN.
Support Ticket Closure Process
When the agent follow ups with the customer with a resolution for the open ticket with a proposed solution, and the customer is not available the ticket will remain open for next 5 days in case of a One Ticket Support plan and 3 days in case of an Annual or Business Plan. At the end of such time the ticket will be marked as Solved automatically unless the customer has notified support that the ticket is unresolved. Once closed the ticket is archived and may not be reopened. Archived cases are stored as part of the customer history in the Support Portal and may be accessed for reference.
Trademarks, Service Names, Service Marks and other Intellectual Property You are not authorized to use our trademarks, name, or any aspect of our various elements of intellectual property in any manner, including advertising, publicity or any commercial or non-commercial nature without our express written consent.
Right to Refuse, Suspend or Terminate Service
We reserve the right to refuse, terminate, or suspend service to any user for any reason we deem, in our sole discretion, to do so, without any prior notice. Typically, we will suspend, terminate or refuse service if we determine that a user is using a computer system in an improper or illegal manner, providing indecent or obscene content, violating the rights of privacy or publicity, violating the civil rights of others, conducting actions that defame a third party or entity, are publishing “hate” or intolerant material, or are threatening or harassing others. However, we may also suspend, refuse, or terminate service for any reason that we, in our sole discretion, consider appropriate to do so.
Expiration of Service
We fully reserve the right to expire any prepaid and unused professional time and services that remain on your account if such has not been used within a year of the original purchase date. Such unused professional time and services will thusly expire and shall not be usable or refundable upon expiration. We shall have no duty to notify you of our decision to expire the unused professional time or services or any pending expiration.
Minimum Requirements for Service
You must have a broadband or high speed connection to the Internet to receive service and your computer must be actively connected to the Internet through a broadband or high speed connection at all times service is rendered or to be rendered by us. You must also have a registered, valid copy of Microsoft Windows Vista, Windows 7/8/8.1 & 10 installed as your system’s operating software during all service periods. Your computer must be connected and operating while we are conducting repair, diagnosis, or downloading software or otherwise installing repair-related materials. You must allow us to download and install recommended software, including software that will require you to pay a licensing fee if ample freeware is not available and you will be responsible for all licensing fees and registrations for the same. You also agree that we may remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive of the appropriate efficiency or working of your computer. We will endeavour to gain your prior approval before we install software or delete software, but you agree that we may delete and/or install software at our sole discretion without your prior approval if we deem it, in our exclusive discretion, to be in your best interest for us to do so and you agree to hold us harmless from any loss/failure of any nature relating to our installation and/or deletion of software on your computer.
If you have Microsoft Vista installed on your computer, you may be required to disable your User Account Control (UAC). If you do render inoperative the UAC, you understand that your computer may be vulnerable to malware and other harmful programs and scripts during the short period that we are accessing your computer and you agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or your failure to correctly and promptly re-establish your UAC protections. You agree that you will promptly reactivate your UAC as instructed by us when we expire our access to your computer.
General Site Rules
Clients, site members, and visitors may not:
- Infringe the law of any jurisdiction while visiting our site or using any service or tool that we provided.
- Cyber stalk or harass any user.
- Conduct any activity that is detrimental or harmful to our site as exclusively determined by us.
- Post any information or content that is indecent, defamatory, obscene, hateful, blasphemous or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our user’s computers or objectionable/abhorrent to our community as a whole.
- Evasively and dishonestly represent yourself as another person or as a representative of a business or entity that you do not in reality represent.
- Wrongly and inaccurately represent your professional or business credentials or professional background.
In your jurisdiction you must be of adult age to use this site or to become a client of this site. In any event, no member or user may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor wards/ children but are solely accountable for the direct supervision of their wards/ children while their minors visit the site or use any of the services/tools that the site provides.
We may post policies, rules, or guidelines. Upon the posting of such materials from time to time, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Some rules that cannot be infringed by members or users include the following:
- Racially prejudiced, intolerant, “hate,” defamatory, “stalking,” invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being improper and offensive, will result in membership termination without any prior notice.
- Any activity generally described as “spamming” by the Internet Community, such as unsolicited bulk mails or emails, irrelevant or commercially based postings for any purpose will effect in membership being terminated without any prior notice whatsoever to the member.
Any user may terminate their membership or use at this site at any time. We may terminate membership or usage of any person or entity at any time for any reason we deem appropriate and right with no prior notice to the person or entity whose usage or membership is being terminated.