Terms and Conditions
Hardware, 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. 'KVMSwitchTech'
Trademark 'KVMSwitchTech' is used by KVMSWITCHTECH pursuant to license. All references to KVMSWITCHTECH refer to KVMSwitchTech's Certified Technician/(s)'
'KVMSWITCHTECH Certified Technician' means technicians and specialists certified by KVMSWITCHTECH to perform the product repairs and services under this Agreement.
'Materials' means any web casts, download areas, white papers, press releases, data sheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the KVMSWITCHTECH Portal are the proprietary and copyrighted work of KVMSWITCHTECH or its suppliers. The definition of 'Materials' does not include the design or layout of the KVMSwitchTech web site or any other KVMSWITCHTECH Inc and KVMSWITCHTECH LLC owned, operated, licensed or controlled website. 'Hardware and Software'
'Hardware and Software' means a product or program of any kind, whether owned by KVMSWITCHTECH 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 KVMSWITCHTECH's Software, KVMSWITCHTECH Software and third party Software. Your use of Hardware or 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
You may order products and services by submitting orders through the KVMSWITCHTECH website or by calling KVMSWITCHTECH. Once KVMSWITCHTECH accepts the order submitted by you, then you will receive an email from KVMSWITCHTECH at the email address that you provide or have provided to KVMSwitchTech, as part of the Registration Process for the products and/or services. KVMSWITCHTECH is not responsible for rendering products or services in connection with any Plan Order that it has not accepted. Upon acceptance by KVMSWITCHTECH of a product or service, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Plan, KVMSWITCHTECH will address your query using commercially reasonable efforts in providing appropriate solutions under the agreement. In most cases, KVMSWITCHTECH 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 system that will explain the work that was done. If such a text file is placed on your system, you have the option to either save the file for future reference or to delete it from your system. All undertakings under plans are subject to KVMSWITCHTECH product/service Warranty, which is set forth below. For more information, please refer to online documentation. You agree to pay all fees and any other applicable charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Products and Services against any Plan Order will be available once you have made payment according to the requirements of the corresponding Plan Order. KVMSWITCHTECH has no obligation to render products or 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' payable either on an annual basis on a monthly basis. Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the 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 fees under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchase the product or service, you agree to a specific price and plan, where such plan maybe for a term of one year ('Term Plan'). All terms of product and service fee and/or any other fee payable under any mode of payment shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the product or service if you sign up for other KVMSWITCHTECH services. You agree to maintain your product or service 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 KVMSWITCHTECH services that you were required to purchase, to receive the special rate as notified to KVMSWITCHTECH; or (3) You terminate the agreement/Service Plan before the expiry of the relevant terms.
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 product or service. You hereby authorize KVMSWITCHTECH, to charge and/or place a hold on your credit card with respect to any unpaid charges for products or 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 KVMSWITCHTECH and/or any other company who bills products or services, or acts as billing agent for KVMSWITCHTECH 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 KVMSWITCHTECH with updated credit card information upon KVMSWITCHTECH request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither KVMSWITCHTECH or any KVMSWITCHTECH 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 KVMSWITCHTECH 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.
You agree and acknowledge that a purchase under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by YOU ('Auto Renewal'). However, the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan. Your credit card will be charged for the amount you selected at the time of ordering or registering with KVMSWITCHTECH.