Terms and Conditions
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.
Geeksplanet Inc. uses trademark “Geeksplanet”. under an authorization from Geeksplanet Private Limited. All references to Geeksplanet refer to Geeksplanet Private Limited.
Geeksplanet certified technician/(s)
“Geeksplanet certified technician means” technicians and specialists certified by Geeksplanet to perform the services under this agreement.
Subscription based plans
“Subscription based plans” or “subscription/(s)” are tenured subscription plans offered by Geeksplanet that are active for a specified period and will not include any incident based plans such as “per incident plan” or the like.
“Services” and “Geeksplanet portal”
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 Geeksplanet portal are the proprietary and copyrighted work of Geeksplanet and/or its suppliers. the definition of “materials” does not include the design or layout of the rritsolutions.co.uk web site or any other Geeksplanet owned, operated, licensed or controlled website.
Software means a computer program of any kind, whether owned by Geeksplanet 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 both Geeksplanet software and third party software. your use of 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 services by submitting plan orders through the Geeksplanet portal or by calling Geeksplanet. once Geeksplanet accepts the plan order submitted by you, then you will receive an from Geeksplanet at the address that you provide or have provided to Geeksplanet as part of the registration process for the services.Geeksplanet is not responsible for rendering services in connection with any plan order that it has not accepted. upon acceptance by Geeksplanet of a plan order, you will have a service plan.
Subject to the terms and conditions, and other terms specific to each service plan, Geeksplanet will address your query using commercially reasonable efforts in providing appropriate solutions under the services. in most cases, Geeksplanet will attempt problem diagnosis and a solution through chat, 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 computer that will explain the work that was done on your computer. if such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. all undertakings under service plans are subject to Geeksplanet’s limited warranty, which is set forth below. for more information, please refer to online documentation or call . you agree to pay all services fee and any other applicable fee/charges as set out in the relevant plan order in accordance with the payment terms provided below.
Services against any plan order will be available once you have made payment for services according to the requirements of the corresponding plan order. all payments against the plan orders will be collected by Geeksplanet on behalf of Geeksplanet technical services private limited. Geeksplanet has no obligation to render services under any service plan if the payments as required under any plan order have not been made. you understand that certain service plans may have fee including, but not limited to “service fee” and/or “activation fee” payable either on an annual basis (“annual payment plan”) or on a monthly basis (“recurring payment plan”). subject to the applicable term plan, all payments under the annual plan shall be made upfront at time of commencement of the subscription 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 fee under this clause or a relevant plan order, is payable at the time of commencement of the service plan.
When you purchased the service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years (“term plan”). all terms of service fee and/or any other fee payable under any mode of payment for a subscription shall be set forth in the applicable plan order. similarly, some plans may offer a discount on the service if you sign up for other Geeksplanet services (“bundle discount”). you agree to maintain your service and the bundled services 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 Geeksplanet services you were required to purchase to receive the special rate as notified to Geeksplanet; or (3) you terminate the agreement/service plan before the expiry of the relevant term.
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 Geeksplanet 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 Geeksplanet and/or any other company who bills products or services, or acts as billing agent for Geeksplanet 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 Geeksplanet with updated credit card information upon Geeksplanet’s request and any time the information you previously provided is no longer valid. you acknowledge and agree that neither Geeksplanet nor any Geeksplanet 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 Geeksplanet’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 will charge you an additional $15.00.
You agree and acknowledge that a subscription under the recurring payment plan will automatically renew for a month, unless notified otherwise by you (“auto renewal”). however, a subscription under the annual payment plan does not automatically renew and expires at the end of the applicable term plan. your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Geeksplanet. if you would like to opt out of the auto renewal, please call us and speak with one of our Technical Service representative at least 30 days prior to your subscription end date to discontinue your service.
Personal and Non-commercial use limitation
Unless otherwise specified, the services, materials and software are solely 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, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the services, materials, or software. any services, materials, and software are available only in connection with services under a valid service plan.
No Unlawful or prohibited use
Fair usage policy; suspension or termination of subscription
Though Geeksplanet has no limits on the amount of online Services requests a subscription based plan user may make during the subscription period, however, each subscriber’s use of the Services services for the subscription based plans are subject to x solution’s “fair use” policy. under this policy, if at any time, in Geeksplanet’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 based plan for individual use, then Geeksplanet reserves the right to suspend or terminate subscriber’s subscription services. in addition, Geeksplanet reserves the right to suspend or terminate any subscription services of any subscriber that Geeksplanet, 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 Geeksplanet; provided, however, that user will not be entitled to a refund of any fees prepaid by user for the service.
Geeksplanet may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Geeksplanet’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.
Use of communication 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: use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk , spamming or any duplicative or unsolicited messages (commercial or otherwise). defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. use any material or information, including images or photographs, which are made available through the materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another. advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allows such messages. download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded. restrict or inhibit any other user from using and enjoying the communication services. violate any code of conduct or other guidelines which may be applicable for any particular communication service. harvest or otherwise collect information about others, including e-mail addresses. violate any applicable laws or regulations. create a false identity for the purpose of misleading Geeksplanet or others. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the materials or other user or usage information or any portion thereof.
Geeksplanet has no obligation to monitor the communication services. however, Geeksplanet reserves the right to review materials posted to the communication services and to remove any materials in its sole discretion. Geeksplanet reserves the right to terminate your access to any or all of the communication services at any time, without notice, for any reason whatsoever. Geeksplanet reserves the right at all times to disclose any information as Geeksplanet 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 Geeksplanet’ s sole discretion. any materials uploaded to the communication services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the Geeksplanet portal, nor any materials or software posted therein.
Guests; limited license to use of Geeksplanet portal
If you are not currently subscribed for a service, then you are regarded as a “guest”. usage of the Geeksplanet portal by current Geeksplanet 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 Geeksplanet portal and materials specifically designated as available to guests on the Geeksplanet portal for the limited purposes of (a) deciding whether to subscribe to the services provided by Geeksplanet, (b) registering with Geeksplanet and submitting plan orders only. the foregoing license grant is a non-exclusive revocable license.
Limited licenses to use the Geeksplanet portal, materials and software
As permitted through a service, you may use materials and software posted on the Geeksplanet 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 Geeksplanet portal, services, materials or software, other than as explicitly permitted by Geeksplanet is prohibited. rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Geeksplanet and its suppliers. reverse engineering and decompilation of the software is strictly prohibited.
In connection with obtaining services, you agree that you will: cooperate with the Geeksplanet technician: we will use commercially reasonable efforts to provide the Services to you. our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. please listen carefully to the technician and follow the technician’s instructions. you must confirm that the following conditions are true: 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; you must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; the full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Geeksplanet Services personnel.
- Software/data backup: you understand and agree that Geeksplanet shall under no circumstance be responsible for any lost or corrupted software or data.
- Geeksplanet strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Availability of services and materials under force majuere circumstances
You hereby acknowledge that circumstances outside of Geeksplanet’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 Geeksplanet’s ability to schedule a Services session. you hereby release Geeksplanet from any and all liability, and agree that Geeksplanet shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Geeksplanet 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.
Exclusions from “services”
“Services” shall not include the following: any item or activity not covered by the terms of a plan order; service beyond the duration limitations identified in your plan order; problem diagnosis and Services that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control; software, including the operating system and software added to the registered hardware products which are out of scope for the service plan; problems that may and do result from: external causes such as accident, abuse, misuse, or problems with electrical power; usage that is not in accordance with product instructions provided by manufacture; failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or problems caused by using accessories, parts, or components not compatible with the product. non compliance with the Geeksplanet technician instructions for resolving the query.
Notice specific to materials and software available on the Geeksplanet
Portal, or through a service for your convenience, Geeksplanet may make available materials or software (as each term is defined above) for use and/or 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 Geeksplanet web site may be copied or retransmitted unless expressly permitted by Geeksplanet. 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.
Limited service warranty
Geeksplanet 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 Geeksplanet to reperform the services subject to dispute, (b) re-download and reinstall the software. some of the Geeksplanet service plans come 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 Geeksplanet and/or 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. Geeksplanet and/or its respective suppliers hereby disclaim all warranties of any kind whether express or implied 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. Geeksplanet and/or its respective suppliers may make improvements and/or changes in the materials and/ or the software described herein at any time.
Term and termination
Geeksplanet at its sole election may terminate or suspend your service immediately without notice if, in the sole discretion of Geeksplanet: (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, Geeksplanet’s network, or the use and enjoyment of Geeksplanet’s other users; (c) Geeksplanet receives an order from a court to terminate the service you are availing ; (d) if Geeksplanet for any reason ceases to offer the service; (e) if you are no longer a Geeksplanet customer, or (f) Geeksplanet determines that you are abusing the service. Geeksplanet, 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.