Terms & Conditions
These Terms and Conditions (“Agreement”) are legally binding agreement between Atom Software, Inc., dba Nerds Esquad Pvt Ltd & you. Your use of the services provided on our website constitutes your acceptance of the Agreement. The services include installation of new products, technical support, updates, product changes, etc. You can get access to all these services only if you have a valid account with Nerds Esquad Pvt Ltd . In order to use our services, you must have an internet connection.
This Agreement can be revised any time without prior notice. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of our service following the posting of revised version of the Agreement constitutes your acceptance of the changes.
1. Website and Services
A. Content of Website
Data incorporated in our website – involving information as text, images, sound, software, graphics, videos and other objects are protected by the US and international copyright, trademark, patent and other intellectual property rights. You are not allowed to modify, copy, sell and distribute the content sited on this website. Logo and other trademarks are entirely the property of our website and you are not permitted to use them without our prior consent.
B. Third-party Links & Content
This website contains links to the third party websites, which are made available only for your convenience and Nerds Esquad Pvt Ltd does not hold any responsibility about the functionality, quality, and accuracy of a specific purpose. If you see a third-party website link on our site, it does not show approval, endorsement or sponsorship of third party sites by us or vice versa. Terms and conditions of the use of third-party websites may considerably differ from ours, please check directly with each such third party website.
C. Downloading of Content
You are not permitted to download the content displayed on this web site for any promotional, commercial or personal use.
D. Security of Site
This website may be used only for lawful purposes. Any illicit activity, including, but not limited to, tampering with the website, conducting any unauthorized activity on the website, is strictly forbidden. Users cannot violate Nerds Esquad Pvt Ltd site security, including, but not limited to:
(a) Using the data that is not intended for user.
(b) Attempting to search, or test network vulnerability or authentication measures without any authorization.
(c) Accessing the website for unauthorized purposes or attempting to interfere with the proper working of the website.
(d) Trying to interfere with the services being provided to any host, user or network, submitting any virus to this site, flooding, overloading, crashing, spamming, mail bombing.
(e) Unauthorized mails on behalf of Nerds Esquad Pvt Ltd , including advertising of products and services, are prohibited.
E. Mode of Support
Support for all technical issues will be given through online remote sessions by our technical support team. They will take control of your system after getting permission for establishing the connection. Nerds Esquad Pvt Ltd will not be responsible if any data is lost during the session. In case if your computer system is not getting connected to internet, we will orally provide you directions on fixing your computer. We will not visit your home to fix your computer.
F. Incident Services
Nerds Esquad Pvt Ltd offers incident services, which enables you to access our technical support team 24/7 for any incident specified in the contract. A single occurrence of defect is calculated as an incident reported by you. Once you purchase a service you can get support for any number of devices for which you have purchased the support, with every device you will get the support for two peripherals. These peripherals include fax machine, smart phones, digital camera, network switch, printer and a gaming console etc. No other peripheral would be supported by us unless you request. In this duration, you can contact our technicians anytime for troubleshooting technical issues with your computer system or peripherals included in the plan.
G. Software Covered
Popular software is covered under the service of technical support. This includes almost all Windows OS such as Microsoft Windows 8, Microsoft Windows Vista, Microsoft Windows 7, Microsoft Windows 2000, XP and different versions of MS Office like 2007, 2010, XP, 2003, 2000, MS Word, Excel, Outlook, Microsoft Power Point are covered. All web browsers like IE, Firefox, and Chrome etc. are also covered under the Agreement.
H. Virus and Data Loss
Our technical experts will do their best to prevent Trojans, viruses, adware, malware and other malicious applications from your system. Taking backup of the system would be your responsibility. If any data loss occurs during the operation, Nerds Esquad Pvt Ltd will not be responsible.
I. Hardware & Peripherals
You agree that no hardware issues will be covered under this Agreement. If any such issue is reported then it would be not be our responsibility to get it rectified, it will only be at your expense. Nerds Esquad Pvt Ltd does not provide any warranty for any hardware issues in your peripherals.
J. Resolution Time
Nerds Esquad Pvt Ltd will make every endeavor to resolve your technical issues as timely as possible. We will not be responsible for any technical issues that are due to the manufacturing defects in your hardware.
2. Money Back Guarantee & Refund Policy
A. 30 Days Money Back Guarantee and Refund
Nerds Esquad Pvt Ltd offers variety of support plans. Each Support Plan has a Subscription Period. 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 three months or the period specified in the chosen plan.
For each plan, if Nerds Esquad Pvt Ltd is unable to resolve any of your issues within 30 days of signing up to Nerds Esquad Pvt Ltd Subscription Plan, we’ll refund your payment in full.
The charges for Subscription Plan will not be refundable if Nerds Esquad Pvt Ltd resolves at least one issue. Notwithstanding this, Nerds Esquad Pvt Ltd may, at its sole discretion and on a case to case basis, agree to a refund of subscription charges after deducting fees for servicing the Customer.
For Subscription Plan with one time support (Silver Plan/Incidental Services), you will be eligible for refund when any of the following criterions are met:
(a) You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
(b) The issue is out of scope for the particular plan
(c) Issue is currently unresolved and 30 days have not passed after the issue was last worked upon by a Nerds Esquad Pvt Ltd technician
Subscription Plans once purchased cannot be cancelled and refund are only processed as per policies described in this document. Failure to use the services within the subscription period shall not grounds for Cancellation or REFUND of ANY FEES PAID.
All fees are inclusive of all taxes, duties or levies imposed by taxing authorities of USA, and you shall be responsible for payment of all such taxes, duties or levies if levied in your country.
We don’t accumulate credit card information for any client & we would not do any charging without your explicit consent.
If you have used our services and you still file a chargeback then you will not be eligible to get a refund from us.
3. Service User Responsibilities
A. Fair Use
You agree that you will not use the services in ways that violate any laws, infringe the rights of others, or interfere with the users, services, or others’ equipment . You agree and represent that you are purchasing the services and/or the equipment for your own internal use only, and shall not resell, transfer or make a charge for the Services or the equipment without the advance express written permission of Nerds Esquad Pvt Ltd . You agree that you shall use the service for only the number of devices earmarked for service under this agreement.
B. Compliance with Laws
You will not use our services in violation of any law or regulation. Nerds Esquad Pvt Ltd may provide you with guidelines regarding compliance with applicable regulations; however, you are solely responsible for ensuring that your use of the services is in compliance with such regulations. You may only use the services for your own benefit.
C. Your Representations and Warranties
By accessing our website, you represent, warrant and agree that:
(a) You are 13 years of age or older. If you place an order, you have a full capacity to form a legally binding contract.
(b) You will provide valid payment information and pay all sums when due. We are not responsible for errors made by third party payment processors (e.g. PayPal). You will continuously update your billing information as it changes. Your payments to the Service are nonrefundable.
(c) You will treat all service users and administrators respectfully, online and offline.
(d) You remain solely responsible for all activity on your account, even if some activities on your account are undertaken by your agents, employees, contractors or acquaintances.
(e) You are responsible for making all arrangements necessary for you to have access to our website.
(f) You are responsible for ensuring that all persons who access our website through your account are aware of this Agreement, and that they comply with it.
4. Personal Information and Privacy
5. E-mail Notification
To let you know what new services are available from time to time, Nerds Esquad Pvt Ltd may send you and your employees emails describing the latest services and changes to the existing services. You agree that Nerds Esquad Pvt Ltd may send you such emails to the addresses you provide. Because these emails are necessary for you to receive the services, you will receive these emails even if you have opted out of receiving other email from Nerds Esquad Pvt Ltd If you do not want to receive these emails, you may cancel the service at any time.
6. Disclaimer of Warranty & Limitation of Liability
The services are provided as-is, without warranty of any kind. To the maximum extent permitted by applicable law, Nerds Esquad Pvt Ltd further disclaims all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume the entire risk arising out of the use of the services. To the maximum extent permitted by applicable law, in no event shall Nerds Esquad Pvt Ltd or its suppliers be liable for any direct, consequential, incidental, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss) arising out of this Agreement or the use of or inability to use the services, even if Nerds Esquad Pvt Ltd has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Nerds Esquad Pvt Ltd related to this Agreement or the services shall be cancellation of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $250.00 or the amount you paid to Nerds Esquad Pvt Ltd . No claim, suit or action may be brought against Nerds Esquad Pvt Ltd after six months after the related cause of action occurred. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Nerds Esquad Pvt Ltd does not endorse, warrant or guarantee any content provided by or through Nerds Esquad Pvt Ltd .
You agree to hold harmless, indemnify and defend Nerds Esquad Pvt Ltd , its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claim that you have violated any term of this Agreement, including, without limitation.
A. Governing Law & Arbitration
This Agreement shall be governed by the laws of New York State, without regard to its conflict of law principles that would result in application of any other law. Any dispute, controversy or claim arising out of your use of our service shall, upon the request of any party involved, be submitted to and settled by binding arbitration in New York City, NY, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party. No claim subject to this Section may be brought as a class or collective action. You understand that THIS CLAUSE MEANS THAT, BY USING OUR SERVICE, YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. Complete Agreement
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Nerds Esquad Pvt Ltd or not. The acceptance of any purchase order is expressly made conditional on your consent to the terms set forth herein and any additional terms in your purchase order or similar document shall be null and void. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Nerds Esquad Pvt Ltd . If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Nerds Esquad Pvt Ltd is not liable for editorial, pictorial, or typographical errors in this communication.
You may be required to purchase telecom equipment in order to utilize the Services. Procuring and maintaining that equipment is your sole responsibility. Nerds Esquad Pvt Ltd may, at your request, facilitate the provision of equipment from a third party supplier or resell certain equipment. While we suggest and resell some equipment brands and facilitate your purchase of some equipment as an accommodation, the original equipment manufacturer and not Nerds Esquad Pvt Ltd shall be responsible for any equipment defects, if applicable. Nerds Esquad Pvt Ltd will pass through all original equipment manufacturer warranties for the equipment to you. Nerds Esquad Pvt Ltd shall have no liability to you of any nature regarding such equipment. Please check the equipment provider’s website for warranty, return rules and other terms and conditions applicable to such third party equipment supplier. Equipment may not be returned to Nerds Esquad Pvt Ltd for any reason. ALL EQUIPMENT SALES ARE FINAL. Equipment may be returned to the manufacturer solely in the event of a defect which arises within the applicable warranty period, provided you comply with the terms of this Section and the manufacturer’s Return Materials Authorization (“RMA”) policy. Prior to returning the equipment, you must contact Nerds Esquad Pvt Ltd so that Nerds Esquad Pvt Ltd may determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the equipment to the manufacturer at the address provided by Nerds Esquad Pvt Ltd in accordance with all RMA procedures. You have 10 days after receipt of an RMA to ship the equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the equipment, the original equipment manufacturer will deal with the equipment under its applicable warranty policy.
9. Service Outage
A. Power Failure or Disruption
You acknowledge and understand that Nerds Esquad Pvt Ltd services do not function in the event of a power failure or disruption. Should there be an interruption in the power supply; services will not function until power is restored.
B. Broadband Service / ISP Outage or Termination / Suspension or Termination by Nerds Esquad Pvt Ltd .
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by Nerds Esquad Pvt Ltd will prevent ALL Service.
C. Other Service Outages
You acknowledge and understand that if there is a service outage for any reason; such outage will prevent ALL Services. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
D. Force Majeure
Nerds Esquad Pvt Ltd is not responsible or liable to you for its failure to perform any of its obligations contributed to by causes or circumstances beyond its reasonable control including, without limitation, Internet outages, communications and cable outages, failure of third party services or products that interface or interact with the Services, labor strikes, lockouts, supply shortages, earthquake, fire, flood, war, act of God, criminal acts (e.g. computer hacking that circumvents reasonable security measures), bankruptcy of merchants or licensees, or any acts of governmental bodies or authorities.
10. Consent to Use of Electronic Signatures and Records
As a convenience and courtesy to you, Nerds Esquad Pvt Ltd provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on a Nerds Esquad Pvt Ltd website:
A. You agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
B. You have read and understood the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, and any policies and any amendments hereto or thereto;
C. You agree to be bound by the terms of the particular transaction into which you thereby enter;
D. You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,
E. You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this agreement.