Contents included on this website or comprising the Oct Solutions's web site - including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material ("Content") is protected by copyright, trademark, patent, or other proprietary rights; these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, or transmit; participate in the transfer or sale, lease or rental of; or create derivative works from or in any way exploit any of the Content, in whole or in part. Logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Oct Solutions and may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner. By using the Oct Solutions's web site, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send to Oct Solutions or any third party using the Oct Solutions web site are non-confidential. By submitting solicited or unsolicited information using the Oct Solutions web site, you grant Oct Solutions an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
1.2 Downloading of content from website
You may not download Content displayed on the Oct Solutions web site for commercial or noncommercial use, You may provide links to the content of the Oct Solutions website with a summary not exceeding 100 words.
1.3 Content and Third-party links
The Oct Solutions web site contains links to other sites operated by third parties, including but not limited to third-party sites that display the Oct Solutions trademarks. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose. Oct Solutions does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its Content. A link to a third-party site on the Oct Solutions web site does not constitute sponsorship, endorsement, approval, or responsibility. Oct Solutions makes no representation or warranty as to any products or services offered on any third-party site. Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to your use of the Oct Solutions web site. Please review the conditions of use for all third-party sites for more information about the terms and conditions that apply to them.
1.4 Security of website
The Oct Solutions web site may only be used for lawful purposes. Activities including-but not limited to-tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting fraudulent activities on the site are prohibited. Users are prohibited from violating or attempting to violate Oct Solutions web site security, including, without limitation, (a) accessing data not intended for such user; (b) using the web site for unintended purposes or trying to change the site's behavior; (c) attempting to probe, scan, or test system or network vulnerability or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the web site (i.e., impersonating the Oct Solutions web site) or to the web site (i.e., impersonating a legitimate user). Sending unsolicited and unauthorized email on behalf of Oct Solutions, including promotions and/or advertising of products or services, is expressly prohibited. System or network security violations may result in civil or criminal liability. You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the Oct Solutions web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Oct Solutions web site other than the search engine and search agents provided by Oct Solutions or generally publicly available browsers.
These Terms of Service for Oct Solutions, Inc. (this "Agreement") is a legal agreement between you (either an individual or an entity that you are representing, hereinafter "you") and Oct Solutions, Inc. and its parents, subsidiaries and affiliated companies (individually and collectively "Oct Solutions") for the Oct Solutions Services ("Services"). Your use of the Services constitutes your agreement to the terms of this Agreement and you acknowledge that Oct Solutions would not agree to provide the Services without that assent. The Services include new products, product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, account with Oct Solutions. You understand that you must obtain your own Internet connection in order to use the Services. We do not control your Internet access or the quality of your Internet connection.
Oct Solutions offers incident based software consulting and other IT services , which entitles you to access our IT support engineers 24/7 for the number of incidents specified in the contract. An incident is calculated as an occurrence of defect that is reported by you. On your purchase of services you are entitled to avail support for any number of Software and Applications for which support has been purchased.
2.2 Subscription Based Services
Oct Solutions also offers multiple subscription based consulting services, which entitle you to access our IT support engineers 24/7 for the duration of the contract. On your purchase of service you are entitled to avail support for the number of Software and Applications for which support has been purchased.
2.3 Mode of Support & Services
Support for your IT related issues would be provided through Phone, Chat and Email only. Oct Solutions is not responsible for any data loss during the session which may arise due to malfunctioning of your devices or other network Equipments. Our support Engineer would be providing you with instructions on fixing your software and applications issue orally over the phone. You agree that you would follow the instructions provided by our IT related support engineers and work with them. At no time we would provide a in house visit to rectify your Software,application and Network related issues.
2.4 Software Coverage
Only popular software that are used by a user in daily work is covered under the IT related support service, this includes specific Windows Operating Systems manufactured by Microsoft such as Microsoft Windows 7, Microsoft Windows Vista, Microsoft Windows XP, Microsoft Windows 2000, various versions of Microsoft Office such as 2010, 2007, 2003, XP, 2000, Microsoft Word, Microsoft Outlook, Microsoft Excel, Microsoft Power Point is covered. Some e-mail clients including Microsoft Outlook Express, Microsoft Live Mail, Eudora, Thunderbird are covered under this agreement. Some Anti-Virus programs such as McAfee, Norton Ant-Virus, Kapersky and AVG are covered. Web browsing Internet Explorer, Mozilla and Chrome are covered under the agreement All other software is covered under best effort basis unless confirmed to you separately. We provide no warranties for any software and same shall be covered by their respective manufacturers and you agree to comply with their EULA.
2.5 Virus & Data Loss
You agree to indemnify Oct Solutions for any data loss arising due to presence of virus or malware in your computer. Oct Solutions IT related associate would make all efforts to remove virus, malware, Trojans, adware and other malicious applications and softwares from your computer. However the data loss, theft caused by such software is outside the purview of this agreement and Oct Solutions would not be responsible for any such occurrences. In case your machine has been corrupt because of malfunctioning of operating system, software applications and or any other reason and needs to be formatted, you agree to indemnify Oct Solutions against any data loss that may occur in their period. Taking data backup of the machine would be your sole responsibility. Oct Solutions would not be responsible for any data loss that may occur during such an operation.
2.6 Resolution Time
You agree that the subscription for consulting service that you purchase promises to solve your IT related issues within the stipulated time. However some of the issues maybe because of manufacturing defects in your hardware and or software and or your network service provider which prevents speedy resolution of your problem. This may cause delays in resolutions and permanent solution may not be possible for a very long period. Oct Solutions would make every effort to contact respective manufacturer to seek resolution to pending issues, however the time frame for resolution of these issues is not defined. Oct Solutions cannot be held responsible if your IT related issue is deemed to occur due to manufacturing defects in your hardware and or software or network service provider.
2.7 Notices from Oct Solutions.
Oct Solutions may serve you notice under this Agreement either by written document, email, voice mail or by publishing the information on the Oct Solutions website.
You may cancel the Services at any time by providing Oct Solutions with a notice of your intent to cancel your services by sending a mail to email@example.com . You acknowledge that the cancellation will be effective from the beginning of the next month after you provide notification to Oct Solutions via the e-mail. Oct Solutions will provide you with email confirmation of both your request to cancel Services and the actual cancellation of Services. If you do not receive a confirmation of your request to cancel after sending an email or if you do not receive a confirmation of Service cancellation, you must notify Oct Solutions by sending an email to firstname.lastname@example.org or contacting Oct Solutions Customer Care by telephone.
3.1 Refund : "We Never Say No To Refund"
You will receive refund or partial refund or any credits for any charges already billed to your account in proportion to the amount of time left in your consulting subscription period. The time left in your account would be calculated to the nearest month left in your service period. For example if you have a 1 year consultingsubscription and you chose to cancel the subscription in the third month of service you would receive a refund for the nine months left in your service. A minimum of $99.99 would be deducted from each consulting subscription at the time of cancellation. For this you would be required to send a mail to email@example.com stating your name, details of the plan and the reason for seeking a refund. We would revert to you within 3 business days on details of your refund.
There would be no refunds for incident based consulting plans if at least one of your IT related issues was successfully resolved through our engineers consultation and the resolution was confirmed by you via email or phone.
3.2 Money Back Guarantee: (i)
Customers are entitled to receive 100% money back in case of "No Resolution after consultation", that can be claimed within 30 days from the date of purchase.
3.3 Disputes & Chargebacks:
Oct Solutions, Inc. believes in maintaining a healthy and flexible refund policy, Hence we always encourage our customers to approach us first to get it
solved rather than disputing through their card issuer or banks. In case of any billing discrepancy or disputes pertaining to payments, Please call our
billing department @ +1- 845-510-8538 or send an email to firstname.lastname@example.org
Please Note: In case you have availed our services and still file a chargeback, your account would become ineligible to receive a refund from us and there may be certain penalty would be levied to you.
For further queries and concerns about our Refund Policy, Do write us at email@example.com or reach us @ +1- 845-510-8538
Oct Solutions may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. Your continued use of the Services constitutes your agreement to those modified terms of this Agreement and you acknowledge that Oct Solutions would not agree to provide the Services without that assent. In the event Oct Solutions modifies the Agreement or the Services, you may terminate the Services as provided in Section 2, above. Oct Solutions may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at Oct Solutions`s sole discretion. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Oct Solutions to effect such termination. Upon any termination of this Agreement (whether by you or Oct Solutions), you shall immediately discontinue use of the Services.
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and restrictions. Oct Solutions may provide you with guidelines regarding compliance with applicable regulation(s); however, you are solely responsible for ensuring that your use of the Services is in compliance with such regulations. You may only use the Services for your own use.
5.2 Fair Usage.
You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the Services. You agree and represent that you are purchasing the Services and/or the equipment for your own internal use only, and shall not resell, transfer or make a charge for the Services or the equipment without the advance express written permission of Oct Solutions. You agree that you shall use the service for only the number of Software and Applications earmarked for service under this agreement.
To let you know what new Services are available from time to time, Oct Solutions may send you and your employees emails describing the latest Services, how to access the Services and changes to the Services. You agree that as a Service subscriber, Oct Solutions may send you such emails to the addresses you provide. Because these emails are necessary for you to receive the Services, you will receive these emails even if you have opted out of receiving other email from Oct Solutions. If you do not want to receive these emails, you may cancel the Service at any time as provided in this Agreement.
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Oct Solutions FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Oct Solutions OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF Oct Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Oct Solutions RELATED TO THIS AGREEMENT OR THE SERVICES/CONTENT SHALL BE CANCELLATION OF THE SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO Oct Solutions. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Oct Solutions DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH Oct Solutions. THIS SERVICE DOES NOT INCLUDE ANY WARRANTIES IMPLIED OR EXPRESS FOR ANY DEVICE THAT IS UNDER COVERED UNDER THE TECHNICAL SUPPORT SUBSCRIPTION SERVICES PROVIDED BY OCT SOLUTIONS.
You agree to hold harmless, indemnify and defend Oct Solutions, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claim that you have violated any term of this Agreement, including, without limitation, the requirements set forth in Section 4.1 of this Agreement.
This Agreement is personal to you (or the company which you represent), and may not be assigned without Oct Solutions`s express written consent. If you are agreeing on behalf of a company, you represent that you are authorized to bind the company under this Agreement.
Definitions:The term "Dispute" means any dispute, claim, or controversy between you and Oct Solutions regarding any aspect of your relationship with Oct Solutions, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Dispute Resolution provision, "Oct Solutions" means Oct Solutions, and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
You acknowledge and understand that the does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and will not function until power is restored.
12.2 Broadband Service / ISP Outage or Termination / Suspension or Termination by Oct Solutions.
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by Oct Solutions will prevent ALL Service.
12.3 Other Service Outages.
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
12.4 Force Majeure.
Oct Solutions is not responsible or liable to you for its failure to perform any of its obligations contributed to by causes or circumstances beyond its reasonable control including, without limitation, Internet outages, communications and cable outages, failure of third party services or products that interface or interact with the Services, labor strikes, lockouts, supply shortages, earthquake, fire, flood, war, act of God, criminal acts (e.g. computer hacking that circumvents reasonable security measures), bankruptcy of merchants or licensees, or any acts of governmental bodies or authorities.
As a convenience and courtesy to you, Oct Solutions provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking "I Agree" or "I Accept" anywhere on a Oct Solutions website:
13.1. You agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
13.2. You have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, and any policies and any amendments hereto or thereto;
13.3. You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
13.4. You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,
13.5. You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts-of-laws principles. By using the Services, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal, state, and local courts of New York, United States.