THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF cloudbigtechnology.com AND YOUR RELATIONSHIP WITH cloudbigtechnology.com. THE TERMS CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE cloudbigtechnology.com SERVICE.
"You" means you individually, any person, including any employer that you are acting on behalf of.
"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 cloudbigtechnology.com Portal are the proprietary and copyrighted work of cloudbigtechnology.com and or its suppliers. The definition of "Materials" does not include the design or layout of the cloudbigtechnology.com Web site or any other cloudbigtechnology.com owned, operated, licensed or controlled site.
"SERVICES" AND "cloudbigtechnology.com PORTAL"
All references to "Services" refer to any cloudbigtechnology.com service plan that you enter into with cloudbigtechnology.com through use of the cloudbigtechnology.com web portal located at www. cloudbigtechnology.com (the "cloudbigtechnology.com Portal") or by calling the cloudbigtechnology.com phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the cloudbigtechnology.com Portal, and any use of the cloudbigtechnology.com Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order").
Subject to the Terms and Conditions, and other terms specific to each Service Plan, cloudbigtechnology.com will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, cloudbigtechnology.com will attempt problem diagnosis and a solution through remote assistance, over the telephone, through chat, email or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to cloudbigtechnology.com´s Limited Warranty, which is set forth below. For more information, please refer to online documentation.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. cloudbigtechnology.com has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the cloudbigtechnology.com Portal or by calling cloudbigtechnology.com. Once cloudbigtechnology.com accepts the Plan Order submitted by you, then you will receive an email from cloudbigtechnology.com at the email address that you provide or have provided to cloudbigtechnology.com as part of the Registration Process for the Services. cloudbigtechnology.com is not responsible for rendering Services in connection with any Plan Order that it has not accepted or expired. Upon acceptance by cloudbigtechnology.com of a Plan Order, you will have a Service Plan.
The cloudbigtechnology.com Refund Policy is an integral part of these Terms and Conditions. If you have not yet reviewed the cloudbigtechnology.com Refund Policy, then please do so (Please click here prior to agreeing to these Terms and Conditions.
PERSONAL AND NON COMMERCIAL USE LIMITATION
Unless otherwise specified; the Services, Materials and Training are 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, create derivative works from, transfer, or sell any information, training, products or services obtained from the Services, Materials, or Training. Any Services, Materials, and Training 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 cloudbigtechnology.com Portal or any Services, you will not use the Materials, Training or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Training in any manner that could damage, disable, overburden, or impair any cloudbigtechnology.com server, or the network(s) connected to any cloudbigtechnology.com server, or interfere with any other party´s use and enjoyment of any of the cloudbigtechnology.com Portal, the Materials, Training or Services. You may not attempt to gain unauthorized access to any cloudbigtechnology.com Portal, the Materials, Training or Services, other accounts, computer systems or networks connected to any cloudbigtechnology.com server or to any of the cloudbigtechnology.com Portal, the Materials, Training or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any cloudbigtechnology.com Portal, the Materials, Training 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 cloudbigtechnology.com has no limits on the amount of telephone or online training requests a Subscription based plan user may make during the subscription period, however, each Subscriber´s use of the training services for the subscription based plans are subject to cloudbigtechnology.com´s "fair use" policy. Under this policy, if at any time, in cloudbigtechnology.com´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 Plan for individual use, and then cloudbigtechnology.com reserves the right to suspend or terminate Subscriber´s Subscription Services. In addition, cloudbigtechnology.com reserves the right to suspend or terminate any Subscription Services of any Subscriber that cloudbigtechnology.com, 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 cloudbigtechnology.com; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
USE OF COMMUNICATIONS 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:
cloudbigtechnology.com has no obligation to monitor the Communication Services. However, cloudbigtechnology.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. cloudbigtechnology.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
cloudbigtechnology.com reserves the right at all times to disclose any information as cloudbigtechnology.com 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 cloudbigtechnology.com´ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction andor dissemination; you are responsible for adhering to such limitations if you download the materials.
GUESTS; LIMITED LICENSE TO USE OF cloudbigtechnology.com PORTAL
If you are not currently subscribed for a Service under a valid Plan Order, then you are regarded as a "Guest". Usage of the cloudbigtechnology.com Portal by current cloudbigtechnology.com 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 cloudbigtechnology.com Portal and Materials (defined below) specifically designated as available to guests on the cloudbigtechnology.com Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by cloudbigtechnology.com, (b) registering with cloudbigtechnology.com and submitting Plan Orders only. The foregoing license grant is a non exclusive revocable license.
cloudbigtechnology.com may provide you with the use of e mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities and or other message or communication facilities designed to enable you to communicate with cloudbigtechnology.com´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. LIMITED LICENSES TO USE THE cloudbigtechnology.com PORTAL, MATERIALS AND TRAINING
As permitted through a Service, you may use Materials and Training (as defined below) posted on the cloudbigtechnology.com 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 cloudbigtechnology.com Portal, Services, Materials or Software, other than as explicitly permitted by cloudbigtechnology.com is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to cloudbigtechnology.com and its suppliers. Reverse tecnicianing and decompilation of the Software is strictly prohibited.
You may not avail the services of cloudbigtechnology.com if you fail to provide the user id and security id when you are seeking support over the phone.
You may not create hyperlinks to any portion of the cloudbigtechnology.com Portal, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold cloudbigtechnology.com, 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 these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in cloudbigtechnology.com´s defense of any claim. cloudbigtechnology.com 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 cloudbigtechnology.com. You agree immediately to notify cloudbigtechnology.com of any unauthorized use of your account or any other breach of security known to you.
In connection with obtaining Services, you agree that you will:
You must confirm that the following conditions are true:
a) 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;
b) You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
c) The full system, including software and hardware, is available to you and accessible by you without limit during any remote assistance support with cloudbigtechnology.com support personnel.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of cloudbigtechnology.com´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 cloudbigtechnology.com´s ability to schedule a support session. You hereby release cloudbigtechnology.com from any and all liability, and agree that cloudbigtechnology.com shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
cloudbigtechnology.com 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.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE cloudbigtechnology.com PORTAL, OR THROUGH A SERVICE
For your convenience, cloudbigtechnology.com may make available Materials or Software (as each term is defined below) for use andor 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 cloudbigtechnology.com Web site may be copied or retransmitted unless expressly permitted by cloudbigtechnology.com.
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. EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
a) External causes such as accident, abuse, misuse, or problems with electrical power;
b) Usage that is not in accordance with product instructions provided by manufacture;
c) Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
d) Problems caused by using accessories, parts, or components not compatible with the product.
e) Non Compliance with the cloudbigtechnology.com technician instructions for resolving the query.
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 cloudbigtechnology.com 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 cloudbigtechnology.com 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 cloudbigtechnology.com SOFTWARE
With regard to any Software made available to you by cloudbigtechnology.com through the cloudbigtechnology.com Portal for which your acceptance of a separate license agreement is not required ("cloudbigtechnology.com Software"), you are hereby granted a revocable, non exclusive, non transferable license by cloudbigtechnology.com to use the cloudbigtechnology.com 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 cloudbigtechnology.com Software. You agree that the cloudbigtechnology.com Software is the confidential and proprietary information of cloudbigtechnology.com 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 cloudbigtechnology.com Software, or otherwise reduce the cloudbigtechnology.com 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 cloudbigtechnology.com 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 cloudbigtechnology.com Software. You acknowledge that this license is not a sale of intellectual property and that cloudbigtechnology.com 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 cloudbigtechnology.com Software and related documentation, as well as any corrections, updates and upgrades. The cloudbigtechnology.com Software may be used in the United States only, and any export of the cloudbigtechnology.com Software is strictly prohibited.
THIRD PARTY TRAINING
As part of the Services, cloudbigtechnology.com may suggest that you acquire, install and use certain third party training ("Third Party Training"). Third Party Training is licensed to you by the respective owners or licensees of the Third Party Training. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Training, whether cloudbigtechnology.com assists you in the acquisition, installation, and or use of Third Party Training. cloudbigtechnology.com has no rights to the Third Party Training and does not license Third Party Training to you or make any representation or warranty regarding the Third Party Training.
Your license to the cloudbigtechnology.com Training shall remain in full force and effect unless and until terminated by cloudbigtechnology.com, 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 cloudbigtechnology.com Training and immediately delete the cloudbigtechnology.com Training from your computer.
To the extent that we provide technical assistance and support for Third Party Training or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Training or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Training 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 Training or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Training or equipment.
LIMITED SERVICE WARRANTY
cloudbigtechnology.com 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 cloudbigtechnology.com TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE cloudbigtechnology.com SERVICE PLANS COMES 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 cloudbigtechnology.com ANDOR 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. cloudbigtechnology.com ANDOR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS 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. cloudbigtechnology.com ANDOR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS ANDOR CHANGES IN THE MATERIALS ANDOR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL cloudbigtechnology.com ANDOR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, 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 cloudbigtechnology.com be liable to you in excess of the amounts actually paid by you to cloudbigtechnology.com under the Plan Order that is the subject of the dispute.
THIRD PARTY AGREEMENTS
As part of the Services, cloudbigtechnology.com 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 cloudbigtechnology.com may elect to make available from time to time. Violation of such third party provider´s terms of service may, in cloudbigtechnology.com´s sole discretion, result in the termination of your customer account and use of service.
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
cloudbigtechnology.com at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of cloudbigtechnology.com: (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, cloudbigtechnology.com´s network, or the use and enjoyment of cloudbigtechnology.com´s other users; (c) cloudbigtechnology.com receives an order from a court to terminate the Service you are availing ; (d) if cloudbigtechnology.com for any reason ceases to offer the Service; (e) if you are no longer a cloudbigtechnology.com customer, or (f) cloudbigtechnology.com determines that you are abusing the Service. cloudbigtechnology.com, 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.
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. cloudbigtechnology.com´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.
The cloudbigtechnology.com Portal is available internationally and may contain references to cloudbigtechnology.com products, services, and programs that are not available in a viewer´s country. These references do not imply that cloudbigtechnology.com intends to make such products, services, or programs available in such country.
cloudbigtechnology.com reserves the right to amend the Terms and Condition, and the cloudbigtechnology.com Portal at any time by (a) posting a revised version of the Terms and Conditions on the cloudbigtechnology.com Portal (http://www.cloudbigtechnology.com/terms.php), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to cloudbigtechnology.com in connection with registration. You are responsible for regularly reviewing the cloudbigtechnology.com website to be notified of any amendments to the Terms and Conditions. Your use of the cloudbigtechnology.com Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
N.B : "We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly of indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"