THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN [AVG Ecommerce CY, Ltd.] [AVG Technologies UK Ltd.](“AVG Techbuddy”) AND YOU, FOR USE OF PREMIUM SUPPORT SERVICES WHICH YOU SELECTED OR INITIATED ON THE AVG WEBSITES (“SERVICES”) LOCATED AT http://www.avg.com/us-en/premium-support (“SITES”). THE SERVICE DESCRIPTION AVAILABLE IN THESE TERMS IS PURELY INFORMATIVE, FOR CURRENT AND ACCURATE OFFER AND DESCRIPTION OF SERVICES PLEASE VISIT THE SITES. “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THESE TERMS ARE INCORPORATED INTO THESE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN AVG IS UNWILLING TO PROVIDE THE SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE “CANCEL” OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND NOT USE THE SERVICES. BY CLICKING ON THE “I ACCEPT,” OR “CONTINUE” BUTTON OR YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.
AVG TechBuddy shall provide the Services as set forth in these Terms. AVG TechBuddy’s service representative will attempt to provide to YOU the Services either over the telephone, or through a remote connection session, or through live chat session, through email or by a combination of such mediums. AVG TechBuddy may, at its discretion, modify the features or descriptions of the Services from time to time as published on the Sites.
During the Services session, AVG TechBuddy may ask for YOUR permission to use the remote assist tool through the AVG TechBuddy service representative to enable AVG TechBuddy to remotely access and take control of YOUR personal computer. The remote assist tool and any other application is owned by AVG TechBuddy, third party licensors and suppliers and may be collectively referred to as the “Support Tool” in the Terms. The Support Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. YOU may use the Support Tool only as part of or for use with the Service and for no other purpose. By electing to receive support, YOU agree to allow AVG TechBuddy to use whatever Support Software Tools as deemed necessary to repair YOUR personal computer, including remote access. YOU understand that if remote access is used on YOUR personal computer, there will be no residual software from the remote session; however, there may be a report created by xml or flash.
|1||Premium AVG Product Support|
|2||Virus & Spyware Removal|
|3||Personal Pack (covers 1PC only)|
|4||Family Pack (covers 3PCs)|
|5||Tech World Pack (covers 5 PCs)|
|6||PAYG Simple Issues Support|
|7||PAYG Medium Issue Support|
|8||PAYG Complex Issue Support|
|9||Express Installation/Express Install Support|
|10||Unlimited Remote PC Support|
AVG Techbuddy reserves the right to update the list, prices and minimum requirements of the Services from time to time by posting updated information on the Sites. You hereby agree to visit the Sites to check for such updates from time to time and acknowledge that unless your computer meets the minimum system requirements as outlined above, you may not be able to receive any Services.
(i) AVG TechBuddy will make every commercially reasonable effort to troubleshoot or fix YOUR personal computer problem or the need that YOU have reported. If AVG TechBuddy is unable to resolve YOUR personal computer problem or address YOUR need, AVG Techbuddy may offer YOU a refund of any payment made in accordance with Section 3.1 below. However, if the failure to resolve YOUR problem or address YOUR need is due to YOUR failure or refusal to follow AVG TechBuddy’s recommendations, instructions or applicable documentation, or is due to any other cause beyond AVG TechBuddy’s control, YOU will be liable for charges for time spent by AVG TechBuddy’s service representative in his/her attempt to correct such problem or address such need.
(ii) In the course of providing the Services, AVG TechBuddy may determine that the issue is beyond the scope of the Services. AVG TechBuddy may use commercially reasonable efforts to refer YOU to the appropriate alternative resource; however, AVG TechBuddy will not transfer YOU directly to an alternate resource. AVG TechBuddy reserves the right to rename, refuse, suspend or terminate any of the Services at its sole discretion upon notice published at the Sites.
YOU agree that the performance of Services is directly dependent on the internet connection, Operating system and the tools/applications that YOU use on YOUR computer. YOU agree that YOU are a legal license holder of the software on YOUR personal computer and YOUR use of the Services and the internet is solely at YOUR own risk. To receive the Services, YOU must confirm that YOU (a) have full administrator access and all rights to YOUR hardware and software product(s) installed on your computer that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the Services. All information that YOU provide to AVG TechBuddy must be accurate, including YOUR name, address, credit or charge card numbers, expiration dates or any other payment information required by AVG TechBuddy. YOU further represent that YOU authorize AVG TechBuddy to bill the charges to the credit card that YOU provide to AVG TechBuddy.
AVG TechBuddy will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by AVG TechBuddy and/or its representatives. If AVG TechBuddy works with YOU on any password or other access control oriented problems, AVG TechBuddy strongly recommends that YOU reset such passwords(s) immediately following the completion of the Services.
The Services are not transferable. YOU may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
YOU agree that AVG TechBuddy may charge to YOUR credit card or other valid payment mechanism requested by YOU and approved by AVG TechBuddy all amounts due and owing for AVG TechBuddy for the Services. Unless otherwise agreed by AVG TechBuddy in writing, all payments for the Services must be made at the time of purchase prior to receiving the Services from AVG TechBuddy. YOU agree that AVG TechBuddy may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. The Services shall be provided for on a per incident basis. The term “per incident” means that the service will address a single issue or problem for a customer on a Supported Product as set forth in the Terms and include follow-up calls within three (3) days on the same problem.
AVG may offer You a refund subject to these Terms. Any refund will be limited to the amount paid by YOU on a per incident basis.
YOUR right to use any a) one time Service will expire within thirty (30) calendar days from YOUR date of purchase of said one time service and b) subscription Service will expire after the end of applicable subscription period (both a) and b) the “REDEMPTION PERIOD”). If YOU do not use the one time service within the REDEMPTION PERIOD, YOU will no longer be entitled to use the service. In the event YOU choose NOT to use the one time service, AVG TechBuddy may refund YOU the money YOU paid for the service (Less shipping, handling and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) provided that YOUR refund request is received before end of the REDEMPTION PERIOD and provided YOU have not redeemed the service or had the ‘set up’ performed on any of YOUR PCs or other devices.
Use of the support services for the subscription based plans shall be subject to a "fair use" policy as discussed herein. Under this policy, if at any time, based on AVG TechBuddy’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 AVG TechBuddy reserves the right to suspend or terminate the user’s subscription services. In addition, AVG TechBuddy reserves the right to suspend or terminate any subscription service of any user that AVG TechBuddy, in its sole discretion, determines to be used (a) fraudulently, (b) by any person other than user, or (c) for any computer system other than the primary / registered system(s). YOU may also terminate the Services at any time by notifying AVG TechBuddy via phone or mail; provided, however, that YOU will not be entitled to a refund of any fees YOU have prepaid for the Service being terminated.
During YOUR Services session, the following information may be collected and sent to AVG TechBuddy via secured connection or from the computer on which the Support Tool or software is installed:
The collected information as set out above is necessary for the purpose of analyzing, diagnosing, resolving the problem YOU have encountered, and optimizing the functionality of AVG TechBuddy’s products. The information may be transferred to a AVG TechBuddy affiliate in the United States or other country/ies that may have less protective data protection laws than the region in which YOU are situated (including the European Union), but AVG TechBuddy has taken steps so that the collected information, if transferred, receives an adequate level of protection.
AVG TechBuddy may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of internet security risks, AVG TechBuddy may share certain anonymous information with research organizations and other security software vendors. AVG TechBuddy may also use anonymous statistics derived from the information to track and publish reports on security risk trends and product improvement.
AVG TechBuddy may use third party contractors to deliver parts or the whole of the Services to YOU. YOU hereby acknowledge that such third parties have their own privacy policies which govern use of their websites and/or services.
AVG TECHBUDDY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AVG TECHBUDDY MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY. AVG TECHBUDDY DOES NOT PROVIDE WARANTY FOR DAMAGE CAUSED BY USE OF 3RD PARTY PRODUCTS.
YOU UNDERSTAND AND AGREE THAT IT IS YOUR RESPONSIBILITY TO BACK UP THE DATA, SOFTWARE, INFORMATION, OR OTHER FILES STORED ON YOUR COMPUTER DISKS AND/OR DRIVES. YOU ACKNOWLEDGE AND AGREE THAT AVG TECHBUDDY SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCE FOR ANY LOSS OR CORRUPTION OF DATA AND/OR SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL AVG TECHBUDDY OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF AVG TECHBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL AVG TECHBUDDY OR ITS AFFILIATES’ LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AVG TECHBUDDY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, LICENSORS, REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF THE SERVICES OR ANY VIOLATION OF THIS AGREEMENT BY YOU, INCLUDING BUT NOT LIMITED TO ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS HEREUNDER. AVG TECHBUDDY RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH AVG TECHBUDDY IN ASSERTING ANY AVAILABLE DEFENSES.
AVG TechBuddy retains ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. YOU will not remove, deface or obscure any copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. YOU may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Tool with the Services.
AVG TechBuddy shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond AVG TechBuddy’s reasonable control, including but not limited to natural calamities, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, AVG TechBuddy may be excused from such performance to the extent it is delayed or prevented by such cause.
YOU acknowledge that the Services provided may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where the Services are imported or re-exported. YOU agree to comply with all relevant laws and will not export any software or service in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All AVG TechBuddy products are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. YOU hereby agree that YOU will not export or sell any Service or software for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
As part of the Services, AVG TechBuddy may suggest that YOU acquire, install and use certain third party software ("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 AVG TechBuddy assists YOU in the acquisition, installation, and/or use of Third Party Software. AVG TechBuddy has no 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 use of the Third Party Software is governed by the terms of that license agreement and by these Terms, where applicable. YOU may not install or use any Third Party Software that is accompanied by or includes an end user license agreement unless YOU first agree to the terms and conditions of the end user license agreement.
a) These Terms will be governed by English law. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights YOU may have under existing consumer protection legislation or other applicable laws in YOUR jurisdiction. b) The Terms are the entire agreement between YOU and AVG TechBuddy relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. c) The Terms shall terminate immediately upon YOUR breach of any term contained herein and YOU shall cease use of the Services. d) The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. e) AVG Techbuddy reserves the right to amend or change any provision of these Terms at any time by publishing a notice about such change on the relevant Sites. f) The parties desire and intend that all of the provisions of these Terms be enforceable to the fullest extent permitted by law. If any provision of these Terms or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any case, the remaining provisions of these Terms or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect. g) You may not assign your rights or obligations under these Terms without the prior written consent of AVG Techbuddy. AVG Techbuddy may assign these Terms at any time in its sole discretion without any prior written consent.