These Terms of Service for Unicorn Systems USA (This “Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “you”) and Unicorn Systems USA and its suppliers and licensors (collectively Unicorn Systems USA”) for the Unicorn Systems USA Services (“Services”). By using for or purchasing the services or by accepting this agreement you acknowledge that you have read this agreement, that you understand it, that you agree and accept the terms as presented herein. If you do not agree to these terms and conditions, do not apply for, accept, use or purchase the services. 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 Unicorn Systems USA. The services are for a limited Time only, failure to use the services within the subscription period shall not grounds for a secure of ANY FEES PAID.
Software, 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
“Services” means Unicorn Systems USA’s Support Services, which are Unicorn Systems USA’s chat and phone based computer optimization and PC cleaning services as set forth on the Unicorn Systems USA web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and Unicorn Systems USA may discontinue or modify the Services in its sole discretion. “Software” means any software used by Unicorn Systems USA in connection with the Services.
Subscription Period means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after the period specified in the chosen package.
“Plans” or “Subscription/(s)” are tenured Subscription plans offered by Unicorn Systems USA that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
Technical Support Services are provided only via phone, Internet chat and secure desktop sharing. Services are provided upon Subscriber’s contacting Unicorn Systems USA support as explained on the Unicorn Systems USA Subscriber authorizes Unicorn Systems USA to configure its computers and delete the files that Unicorn Systems USA deems unnecessary to a computer’s operation. Subscriber gives Unicorn Systems USA express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber provides Unicorn Systems USA express permission to install, configure, and use such software on subscriber’ computers.
To provide the Services, Unicorn Systems USA must access a computer or network receiving the Services over the Internet. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. Subscriber is solely responsible for providing an Internet connection and access to its computers. Subscriber must assist Unicorn Systems USA in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the Unicorn Systems USA representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the Unicorn Systems USA representative’s sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide Unicorn Systems USA with correct and accurate information.
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 Service. You hereby authorize Unicorn Systems USA to charge and/or place a hold on your credit card with respect to any unpaid charges for 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 Unicorn Systems USA and/or any other company who bills products or services, or acts as billing agent for Unicorn Systems USA 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 Unicorn Systems USA with updated credit card information upon Unicorn Systems USA request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Unicorn Systems USA nor any Unicorn Systems USA 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 Unicorn Systems USA’s 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 may, at our discretion, charge you an additional $15.00.
For subscription plans, a full secure will be issued if Unicorn Systems USA has not been able to resolve even a single issue for your computer within the first 30 days of the signing up to Unicorn Systems USA subscription.
If our technical support has resolved one or more issues, the fees charged for subscription service will not be refunded. Its sole discretion of Unicorn Systems USA and on a case by case basis, secure can be issued of the charged fees after deducting charges for services provided to customer.
For incident plans, you will be eligible for secure when any of the following criterions are met:
The issue is out of scope for the particular plan
30 days have not passed after the issue was last worked upon by a Unicorn Systems USA technician
Issue was not resolved until the time account was active.
We don’t store credit card information for any customer and we would not do any charging without your explicit consent. You may be able to change from one plan to another (e.g. from incident based plan to 180 days plan). We would negotiate with you and in order to accommodate your revised requirements.
The Services are subject to change without notice. The Services do not cover restoration services, repair services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. Unicorn Systems USA does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and file
Term and Termination
For subscription-based Services, this Agreement shall be effective for maximum of twelve months from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the Unicorn Systems USA representative terminates. In addition, Unicorn Systems USA may cancel the Services at any time if Unicorn Systems USA, in its discretion, determines that Subscriber’s use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and Unicorn Systems USA is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the Unicorn Systems USA website. Any breach of this Agreement shall immediately terminate Subscriber’s subscription to the Services and/or may limit Subscriber’s access to the Services. No refunds shall be provided upon termination of the Agreement.
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER “AS IS” BY Unicorn Systems USA, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER’S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. Unicorn Systems USA DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Unicorn Systems USA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, I3 N EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. Unicorn Systems USA DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Unicorn Systems USA. AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (C) ANY VOIDANCE OF A WARRANTY ON THIRD PARTY PRODUCT OR SERVICE RESULTING FROM USE OF THE SERVICES (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER, OR (F) ANY USE OF ON SITE SERVICES BUNDLED WITH THE SERVICES. Unicorn Systems USA. IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF Unicorn Systems USA., ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Unicorn Systems USA. TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEEDS THE FEES PAID BY SUBSCRIBER TO Unicorn Systems USA. FOR THE SERVICES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
Unicorn Systems USA is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. Unicorn Systems USA is not liable for any failure or delay caused by problems with Internet connections.
Governing Law; Venue
Subscriber and Unicorn Systems USA agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the USA.
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. Unicorn Systems USA may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. Unicorn Systems USA may impose limits on certain features of the Services at any time. Unicorn Systems USA may amend this Agreement at any time by posting a copy of the amended Agreement on the Unicorn Systems USA website. Such amendments may be made in Unicorn Systems USA’s sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. Unicorn Systems USA is not bound by any representation of
(i) Any agent, representative or employee of any third party; or in
(ii) Information posted on the Unicorn Systems USA website of a general informational nature.