A.I.R. Support Terms & Conditions

Agent’s IT Response Support  Terms and Conditions

BY SUBSCRIBING TO AGENTS’ IT RESPONSE (“AIR”) SUPPORT SERVICES PROVIDED BY AMICUS UNLIMITED INC. DBA AMICUS MSP (“COMPANY”) OFFERED UNDER TECH AHEAD: AIR SUPPORT TEAM SERVICE SUPPORT SERVICES REFERENCED AS OPTION#1 AND OPTION#2 (“SERVICE PLAN”), THE INDIVIDUAL OR ENTITY (“CUSTOMER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT SERVICES    UNDER THE APPLICABLE SERVICE PLAN. A SERVICE PLAN WILL BE EFFECTIVE WHEN COMPANY HAS RECEIVED CUSTOMER’S REGISTRATION (“EFFECTIVE DATE”).

1. Services. Upon acceptance of Customer’s registration, Company will provide support services (“Support Services”) based on selected Service Plan, either Option #1 or Option #2 and related technologies (“Supported Products”) for Option #2 Service Plan, all as described at the following online webpage: https://amicusmsp.com/air-support (“AIR Support Service Page”). Company reserves the right to amend the Support Services provided and/or Supported Products covered under a Service Plan, at any time by posting updates to the Service Plan Support Page. Company will not amend the Support Services and/or Supported Products in a way that
   1. reduces the level of effort AIR Support Services provides under the Support Services, or
   2. materially impacts Company’s obligation to deliver the Support Services, or
   3. materially impacts the rights that Customer receives under the Support Services For any updates that affect Customer’s Service Plan, Company will notify Customer of the update via the electronic mail address registered by Customer no less than thirty (30) days prior to its posting. The terms described at the Service Plan Support Page are incorporated into these Terms and Conditions. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.
2. Limitations.
   1. Support Incidents. Service Plans are provided in single and multiple Support Incidents based on Option package selected. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. Company will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Company, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following:
      1. information that resolves the problem;
      2. information on how to obtain a software solution that will resolve the problem;
      3. notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product;
      4. information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or
      5. notice that the problem has been identified as a hardware equipment issue.
   2. Response Times. Company will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Service Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Service Plan’s Hours of Operations described on the Service Plan Support Page.
   3. Use. Support Services are not intended for use in the operation of activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.
   4. Technical Contacts. Support Services are provided to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Service Plan (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Customer and Company for technical support of the Service Plan. For Service Plans with multiple Technical Contacts, if Customer wishes to change the Technical Contacts, Customer must give no less than five (5) days written notice of the change to Company at the applicable Contact Address described below or, if applicable to the Service Plan, enter the changes directly via the Customer’s secure, customized website as described in the instruction documents delivered at the start of the Service Plan.
3. Exclusions. Unless otherwise specified in the Service Plan, Company will not provide Support Services relating to problems or issues arising out of or from
   1. the use of a Supported Product as a server- based application;
   2. issues that could be resolved by upgrading a Supported Product;
   3. the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified;
   4. third-party products or technologies and their effects on or interactions with a Supported Product;
   5. damage to the media on which a Supported Product is provided, or to the computer on which a Supported Product is installed;
   6. use of a computer system that is incompatible with a Supported Product; and
   7. issues relating to outside of the scope of Option selected such and network configuration, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, onsite diagnosis as described in Option selected or other issues not within the scope of the Support Services described under a Service Plan.
4. Customer Responsibilities. To receive Support Services, Customer must register and select an Option Service Plan and follow the access instructions provided by Company. Customer is responsible for all fees in establishing and maintaining email and telephone communications with Company. Customer will cooperate with Company when seeking Support Services by providing information necessary to assist Company diagnosing an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will not disclose to Company confidential, proprietary or any information that is subject to intellectual property rights that may expose to liability. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Support Services to a third party.
5. Support Services are provided for the internal use of Customer only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions. Customer will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.
6. Remote Access Support Services. As part of a Service Plan, Company may provide Support Services via Internet remote access, whereby it will access, and if permitted by Customer, control and gather information on Customer’s computer through the installation and use of remote access software.
   Installation and use of the remote access software by Customer indicates its permission for Company to provide Support Services in this way. All or portions of the remote access software files may remain on Customer’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with Company and/or its licensors. Customer may not disassemble or reverse engineer any portion of the remote access software. While remote access Support Services are provided, Company will only access, control and gather information on Customer’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Company recommends that Customer close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Customer’s computer will allow Customer to terminate the remote access Support Service session at any time.
7. MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, COMPANY’S AND ITS LICENSOR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE PLAN ORDERED BY CUSTOMER. IN NO EVENT SHALL COMPANY AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT COMPANY AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. Term and Termination.Unless terminated earlier in accordance with this section, a Service Plan will continue for a term of twelve (12) months from the Effective Date or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by Company in writing). Company will not provide Support Services beyond the end of the Service Plan unless your Service Plan is renewed on or before its termination date. Company may terminate a Service Plan at any time
   1. if after providing Customer no less than fourteen (14) days prior written notice, Customer fails to pay fees due for a Service Plan, or
   2. if after providing Customer no less than thirty (30) days prior written notice, Customer fails to cure a breach of these Terms and Conditions, or
   3. if Customer breaches a term of any service agreement governing the use of services provided under a Service Plan. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Refund requests must be sent in writing, together with applicable proof of purchase to the Refund Contact address identified below. Sections 7 and 11 will survive termination of these Terms and Conditions for any reason.
9. Additional Services or Software. Any additional services provided, as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at a Customer’s location as part of a Service Plan, Customer will ensure that Company is granted access to the location at the arranged time and will secure a safe working environment sufficient for Company to perform the Support Services. In the event that software is provided as part of a Service Plan, such software or application cost is sole the responsibility of the Customer. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software.
10. Data Protection. Customer agrees and understands that it is necessary for Company to collect, process and use Customer data in order to perform the service and support obligations under the Service Plan. This may include transferring Customer data to affiliated companies or service providers for selected Support Products. Company will protect Customer’s information in accordance with the Privacy Policy. If Customer wishes to have access to the information that Company holds concerning it or if Customer wants to make any changes, Customer may update the personal contact preferences by notifying Company by email here. Company may record part or all of the calls between Customer and Company for training, quality assurance and reference purposes.
11. General. Customer may not assign its rights or obligations under a Service Plan. Any unauthorized assignment will be void. Company will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Company and Customer with regard to the Service Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Company unless made in writing and signed by an authorized representative of Company. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever and is specifically rejected.
12. PAYMENT TERM AND CONDITION
    Month to month: credit or debit cards
    Subscription Terms
    Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month via an authorized payment service provider until you cancel. We will automatically charge you the then-current rate for your subscription plan, plus applicable taxes (if applicable), every month upon renewal until you cancel.
    We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
    If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime via your account page or by contacting us via email here.Cancellation Terms
    You can cancel your subscription anytime via your account page or by contacting us via email here. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of that month’s billing period.
    Annual contract: monthly via credit or debit cards
    Subscription Terms
    Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew annually without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month via an authorized payment service provider until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month of your annual contract until you cancel.
    We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your account page or via contacting us via email here.Cancellation Terms
    You can cancel your subscription anytime via your account page or by contacting us via email here. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, you’ll be charged a lump sum amount of 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period.
    Annual contract, prepaid
    Subscription Terms
    Your subscription begins as soon as your initial payment is processed. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year, via an authorized payment service provider, until you cancel.
    We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every year upon renewal until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.
    If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your account page or by contacting us via email: billing@amicusunlimited.comCancellation Terms
    You can cancel your subscription anytime via your account page or by contacting us via email here. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of your contracted term.
    Annual contract: Ach and bank transfer
    Subscription Terms
    Your subscription begins as soon as your initial order is processed (or after funds are received from your bank transfer or convenience store payment). Full payment of the stated annual rate, plus applicable taxes, is due within 30-days of placing your order.
    Cancellation Terms
    You can cancel your subscription anytime via your account page or by contacting us via email here. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until your contracted term.