Windlap (hereby known as Windlap.com) lays down certain binding terms and conditions on all those who intend to either sign this document or otherwise intend to make an online payment at Windlap.com and its premises located across USA.
The entity further reserves a right to either update or change its Terms of Services (TOS) any time without a prior notice. All new features and conditions seemingly accentuating the overall services portfolio would be again subject to TOS. A point forth from where any further subsequent use of services would be considered as an explicit consent towards all changes made forth by the organization.
Violation of any Terms and Conditions, hereby declared by the organization would end up leading to a termination of an account.
- Terms of Service
- Payment, Refunds, Upgrading and Downgrading Terms
- Cancellation and Termination
- Modifications to the Service and Prices
- Credit Card Billing
- Limitation of Liability
- Copyright and Content Ownership
- General Conditions
Terms of Service
- The recipient availing the services must be 18 years or more.
- Only a human must benefit from the services provided.
- An account can only be used by one person. This single account has a limited scope of usage as defined by number of PCs in the agreement. A client would further need to purchase support for additional PCs if the need arises.
- Windlap reserves the right to provide services only for issues and software listed on the website or Annexure1. Any software issues and services falling beyond such a scope do not entitle Windlap to provide services.
- The services portfolio is to be only delivered through mediums such as Phone, Chat and e-mail(on request). The onsite module is not included as a mode for providing services.
- At no point in time Windlap would be liable to provide support for any hardware issues related to PCs, Servers, Printers, Routers and Wireless Access Devices.
- The organization does not offer replacement or takes responsibility for any malfunctioning computer part.
- No warranty on hardware and software covered under the support plan would be provided.
- Windlap is not responsible for maintaining security of a PC including username and password. Neither shall the organization be held liable for any loss or damage resulting from a failure to comply with a security obligation.
- PC users are requested not to share their computer username and password with support professionals at any time. If accidentally shared the password must be changed immediately.
- Windlap cannot be held responsible for any loss or damage resulting from a data theft taking place on a user’s computer.
- PC users must actively monitor a remote session initiated by a Windlap technician. At any time the failure to do so and any data theft or loss arising from an unattended remote session or the absence of a technician would absolve Windlap from any untoward consequences. Further, at no point in time the same service should be used for any illegal or unauthorized purpose by the client. Nor at the same time clients should end up violating any rights applying to their jurisdictional territory.
- All actions and interactions with regards to computer support should be in compliance with cyber laws of US or one’s country of residence.
- Windlap as a merchant would be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of a decline of authorization for any Transaction. Nor at any time would a liability become binding in the case of a cardholder exceeding the preset limit mutually agreed upon by the acquiring bank at any time.
Payment, Refunds, Upgrading and Downgrading Terms
Credit Card Billing
Clients may be asked to submit a valid credit/debit card number in order to proceed with the billing. In the process authorizing Windlap to either charge or place a hold on the credit card with respect to any unpaid charges for the service or related equipment. At the same time authorizing the issuer of a credit card to pay the amounts described even in the absence of a signed receipt. A part of an implicit understanding between Windlap and the issuer of a credit card arrived at the time of a business transaction. Also authorizing Windlap or any other company who bills the products and services, or acts as a billing agent for Windlap to continue and charge or place holds on all sums described unless all sums levied on the credit card have been paid in full. While at the same time also ensuring Windlap is provided with updated information or provide information in case, the company deems it to be invalid. Further, clients would also need to acknowledge the fact that at no point in time neither Windlap nor its affiliated company would be held liable with respect to insufficient funds or other charges levied due to the charges or holds placed on a credit card.
All the more at any point in time if a client were to provide a debit card instead of a credit card number, Windlap has the right to levy all the rightful charges it would deem right on such a debit card. In the case of a client being enrolled, or later enrolling in an automatic payment or electronic funds transfer plan, an agreement must be made to the effect that sums herein would be charged at Windlap’s insistence to an account number so designated for any sort of automatic payment or electronic funds transfer plan. If a payment is also made by a credit card or debit card, payment would be subjected to terms and conditions laid down by the credit or debit card issuer. If charges cannot be processed through a credit card, or if a bank draft or electronic funds transfer is returned due to insufficient funds, an additional charge of $15.00 will be made by Windlap.
Limitation of Liability
Notwithstanding anything contrary to an agreement would Windlap be held liable for paying in excess any amount under an Order Plan considered to be subject of a dispute. The Windlap Portal and any content provided through it is provided on an as is and as available basis, except where expressly provided otherwise.
Copyright and Content Ownership
- Any content posted by a client and transmitted to Windlap should directly comply with US cyber laws and or copyright laws of a client’s respective country.
- Any data shared with us would be the intellectual property of that person or a third-party from which the content has been sourced. Windlap would not own any rights to such issues.
- Any queries or resolutions posted on forums would become property of Windlap.
- Windlap reserves the right to remove any content deemed as inappropriate from its website without assigning any reason.
- The look and design of the site is copyrighted to © 2012-2013 Windlap. Any duplication, reuse or copying of any portion of the HTML/CSS or visual design elements without express written permission from Windlap is bound to be fraught with legal consequences.
- The use of Windlap’s services portfolio is to be made by the client at his own discretion. This service is either provided on an “as is” and “as available” basis.
- Technical support service is made available only to clients who have paid the subscription charges. The same service is provided either through email, chat or phone.
- The services are made available only in English. Other languages would be entertained only on a best effort basis.
- Windlap reserves the right to use 3rd party vendors and hosting partners for providing the necessary hardware, software, networking and other related technologies for running the service.
- At no point in time services should be modified or resold to a 3rd party unless specified by Windlap. Any liability arising from such a scenario would be solely borne by the client.
- The organization reserves the right to remove Content and Accounts containing content that in its discretion is unlawful, threatening, offensive, libelous, defamatory, pornographic and objectionable. Amounting to violating a party’s intellectual property or terms of service.
- Any verbal, physical or written abuse (including threats of abuse or retribution) of an employee would result in immediate account termination.
- Clients need to take note any technical processing and transmission of services including content might be transferred in an unencrypted manner and may (a) involve transmissions over various networks (b) changes for conforming or adapting to technical requirements of connecting networks and devices.
- No request would be entertained for posting, hosting or transmission of unsolicited e-mails, SMSs, or “spam” messages.
- Transmission of any worms, viruses or any code of a destructive nature would not be entertained.
- At no point in time Windlap warrants services offered will meet specific requirements, services would be uninterrupted, timely, secure or error-free, the results obtained from the use of services would be accurate or reliable, the quality of any products, services, information or other materials purchased would be within oneâ€™s expectations and lastly would any errors in the service would be corrected.
- Windlap cannot be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages leading to loss of profits, goodwill, use, data or other intangible losses (even if in a the scenario where Windlap has been advised of a possibility of such damages), resulting from:
- the use or the inability to use the service
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
- unauthorized access to or alteration concerning transmission of data
- statements or conduct of any third party on the service
- Or any other matter relating to the service. Any liability would be limited to the value of service contract.
The failure of Windlap to exercise or enforce any rights or the Terms of Service will not amount to a waiver of such right or provisions. The Terms of Service constituting the entire agreement between Windlap and its clients govern the use of the Service, superseding any prior agreements made with Windlap (including, but not limited to, any prior versions of the Terms of Service).
For any further questions and Terms of Service a query can be sent to email@example.com