TERMS OF USE THESE TERMS AND CONDITIONS ("TERMS OF USE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF US4 BILLING, INC. WEBSITE AND YOUR RELATIONSHIP WITH US4 BILLING, INC. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS FEES FOR SERVICES AND OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICES FROM US, INCLUDING ALL YOUR SERVICES OR IMPLEMENTED SOLUTIONS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE US4 BILLING, INC. SERVICE.
AGREEMENT THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND US4 BILLING, INC.
(THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by US4 BILLING, INC. in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use US4 BILLING, INC. Services (defined below), or obtain Services (defined below).
DEFINITIONS Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
CONTENT 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.
"US4 BILLING, INC." US4 BILLING, INC. means US4 BILLING, INC. and/or any of its affiliates, wherever applicable.
"US4 BILLING, INC. CERTIFIED CONSULTANT/(S)" "US4 BILLING, INC. Certified CONSULTANT means" CONSULTANTS and specialists certified by US4 BILLING, INC. to perform the Services under this Agreement.
"PLANS" "Plans" or “Services” are offered by US4 BILLING, INC. that are active for a specified period and will include any incident based plans such as “Per Incident-based or the like.
"MATERIALS" "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 US4 BILLING, INC. Portal are the proprietary and copyrighted work of US4 BILLING, INC. and/or its suppliers. The definition of “Materials” does not include the design or layout of the US4 BILLING web site or any other US4 BILLING, INC. owned, operated, licensed or controlled website.
"TRADEMARK" Trademark US4 BILLING, INC. may be used by US4 BILLING, INC. LLC or and/or any of its affiliates, wherever applicable.
"SOFTWARE" "Software" means a computer program of any kind, whether owned by US4 BILLING, INC. 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 US4 BILLING, INC. 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; You may order Services by submitting Plan Orders through the US4 BILLING, INC. ASSIGNED CONSULTANT or by calling US4 BILLING, INC. Once US4 BILLING, INC. accepts the Plan Order submitted by you, then you will receive an email from US4 BILLING, INC. at the email address that you provide or have provided to US4 BILLING, INC. as part of the Registration Process for the Services. US4 BILLING, INC. is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by US4 BILLING, INC. of a Plan Order, you will have a Plan.
UNDERTAKING Subject to the Terms and Conditions, and other terms specific to each Plan, US4 BILLING, INC. will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, US4 BILLING, INC. will attempt problem diagnosis and a solution through direct meetings or phone conversations. You understand that if remote access is used on your computer there will be no residual software from the remote session; All undertakings under Plans are subject to US4 BILLING, INC.’s limited guarantee, which is set forth below. 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.
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 Services. You hereby authorize US4 BILLING, INC. 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 US4 BILLING, INC. and/or any other company who bills products or services, or acts as billing agent for US4 BILLING, INC. 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 US4 BILLING, INC. with updated credit card information upon US4 BILLING, INC. request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither US4 BILLING, INC. nor any US4 BILLING, INC. 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 US4 BILLING, INC. 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.
REFUND POLICY Notwithstanding this US4 BILLING, INC. may, at its sole discretion and on a case by case basis, agree to a refund after deducting charges for servicing the Customer. Refund amount shall be directly credited to the credit card, the details of which are registered with US4 BILLING, INC. On the specific request of the subscriber US4 BILLING, INC. may process the refund in some other account subject to submission of such documents/information as may be asked by US4 BILLING, INC. for the said purpose.
PRIVACY POLICY The US4 BILLING, INC. Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference on this website. If you have not yet reviewed the US4 BILLING, INC. Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to US4 BILLING, INC. over the telephone, electronically or otherwise, is not confidential or proprietary to you.
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 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 Plan.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though US4 BILLING, INC. has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to US4 BILLING, INC.’s "fair use" policy. Under this policy, if at any time, in US4 BILLING, INC.’s sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then US4 BILLING, INC. reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, US4 BILLING, INC. reserves the right to suspend or terminate any Subscription Services of any Subscriber that US4 BILLING, INC., 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 US4 BILLING, INC.; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
INDEMNITY You agree to indemnify, defend, and hold US4 BILLING, INC., its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of US4 BILLING, INC. or any other Third-Party. You will cooperate as fully as reasonably required in US4 BILLING, INC. defense of any claim. US4 BILLING, INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of US4 BILLING, INC. You agree immediately to notify US4 BILLING, INC. of any unauthorized use of your account or any other breach of security known to you.
CHARGE DESCRIPTION Please note that the charge on your credit card will appear on your credit card statement as the following – “US4 BILLING, INC."
USER RESPONSIBILITY In connection with obtaining Services, you agree that you will: -Cooperate with the US4 BILLING, INC. CONSULTANT: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the CONSULTANT. Please listen carefully to the CONSULTANT and follow the CONSULTANT’s instructions. You understand and agree that US4 BILLING, INC. shall under no circumstance be responsible for any lost or corrupted software or data. You are solely and entirely responsible for maintaining the confidentiality of your passwords and accounts. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify US4 BILLING, INC. immediately of any unauthorized use of your account or any other breach of security. US4 BILLING, INC. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by US4 BILLING, INC. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following: - any item or activity not covered by the terms of a Billed Services; - service beyond the duration limitations identified in your Plan Order; - problem diagnosis and support 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 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 US4 BILLING, INC. CONSULTANT instructions for resolving the query.
THIRD-PARTY PRODUCTS As part of the Services, US4 BILLING, INC. may suggest that you acquire, install and use certain third-party software or services (“Third-Party Software”). Third-Party Software is licensed to you by the respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third-Party Software, whether US4 BILLING, INC. assists you in the acquisition, installation, and/or use of Third-Party Software. US4 BILLING, INC. has no responsibility or rights to the Third-Party Software and does not license Third-Party Software to you or make any representation or warranty regarding the Third-Party Software.
Your license to the US4 BILLING, INC. Software shall remain in full force and effect unless and until terminated by US4 BILLING, INC., its Third-Party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Plan for any reason, you must cease all use of the Plan and the US4 BILLING, INC. Software and immediately delete the US4 BILLING, INC. Software from your computer.
To the extent that we provide technical assistance and support for Third-Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third-Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third-Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third-Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third-Party Software or equipment.
THIRD-PARTY AGREEMENTS As part of the Services, US4 BILLING, INC. may suggest certain third-party services to you. If you choose to subscribe to or otherwise use any Third-Party services, your use of any such services is subject to the terms of service of such Third-Party service provider. You agree to comply with such provider’s terms of service and that the Third-Party provider is solely responsible for delivery of its service(s) to you and your use of them. Third-Party services include, but are not limited to technical support, portal, training, music, gaming and storage services that US4 BILLING, INC. may elect to make available from time to time. Violation of such Third-Party provider’s terms of service may, in US4 BILLING, INC.’s sole discretion, result in the termination of your customer account and use of service.
LIMITATION OF LIABILITY Notwithstanding anything to the contrary in no event shall US4 BILLING, INC. be liable to you in excess of the amounts actually paid by you to US4 BILLING, INC. under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION US4 BILLING, INC. at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of US4 BILLING, INC.: (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, US4 BILLING, INC.’s network, or the use and enjoyment of US4 BILLING, INC.’s other users; (c) US4 BILLING, INC. receives an order from a court to terminate the Service you are availing ; (d) if US4 BILLING, INC. for any reason ceases to offer the Service; (e) if you are no longer a US4 BILLING, INC. customer, or (f) US4 BILLING, INC. determines that you are abusing the Service. US4 BILLING, INC., in its sole discretion, may refuse to accept your request for the Service, renewal following a termination or suspension of your use of the Service. If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to support@us4billing.com.
Copyright © 2023 GLOBAL TECHNOLOGY PARTNERS, LLC d/b/a/ US4 BILLING, Inc. - All Rights Reserved.
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