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INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE
TERMS OF SERVICE
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
These Intrinsically Safe Store Premium Protect Service Terms of Service (“Service Terms”) are provided to you (“Customer”) in connection with the Intrinsically Safe Store Premium Protect Service Plan (the “Service”) that you have purchased.
These Service Terms comprise the entire agreement between Customer and Intrinsically Safe Store Premium Protect Service with respect to the Service.
- DESCRIPTION OF SERVICE
The Customer has purchased the Premium Protect Service Plan as identified on the Customer’s receipt or order acknowledgement. The Premium Protect Service Plan includes phone and remote support (e.g., over the phone or via the Customer’s computer with a Intrinsically Safe Store Premium Protect Service Agent logged into the Customer’s computer or via their own computer). Or the Advanced Support Plan: in addition to phone and remote support, the Service includes on-site support as deemed necessary and appropriate by the Intrinsically Safe Store Premium Protect Service Agent. Additional charges apply for on-site support.
For both of the above plans, the Service shall include the following:
- Product help, basic setup guidance and product support
- Manufacture Warranty guidance
Service is on a per-named user basis per product. Each named user requires a separate service plan (e.g., if 5 named users / employees at a company require service, 5 service plans will need to be purchased along with 5 devices). A single plan cannot be used for multiple users and devices. Eligible devices include anything that the Intrinsically Safe Store carries and offers Premium Protect Service on.
Training services are not included in the Service but are available at Intrinsically Safe Store Premium Protect Service’s standard service rates. To obtain Service, Customer must have access to a functioning high-speed Internet connection and
Customer must have up-to date antivirus software installed on any PCs.
Intrinsically Safe Store Premium Protect Service shall attempt to complete all Services in accordance with good industry standards. If a particular situation requires extraordinary effort or time, in its sole and reasonable discretion, Intrinsically Safe Store Premium Protect Service may limit the scope or nature of the Service. Please note that the following are not covered under this Service:
• New server and /or new VPN installations
• Hardware failure; hardware repair or replacement
3. CANCELLATION AND RENEWALS
Customer may cancel the Service and obtain a refund of the price the Customer paid, less the value of any service provided, if the cancellation occurs within 30 days of Customer’s date of purchase of the Service. No refunds will be provided after such 30-day period. The fee (including activation fee) for the Service is a set fee without regard to usage. Except for the right to cancel and receive a refund during the initial 30-day period, there will be no full or partial refund of the fee even if the Customer does not use the Service thereafter. All plans are per annum and based on an annual renew period. SUCH PLAN WILL RENEW AUTOMATICALLY ON A ANNUAL BASIS INDEFINATELY UNLESS THE PLAN IS CANCELLED BY YOU OR BY INTRINSICALLY SAFE STORE. As charges are billed in advance for annual plans and in advance of any applicable renewal period, Customer must cancel his or her subscription before the new year or applicable renewal period begins to avoid billing. To cancel the Service, you may contact your Account Manager, sales@intrinsicallysafestore.com or call 1-832-699-6726. This Plan may be cancelled by us for any reason, including fraud, material misrepresentation, unsafe work, environment/conditions as determined by us, or nonpayment of the Service fee if you have purchased an annual plan (“Non-Payment Event”). If a Non-Payment Event occurs, we will
provide you written notice, via mail and/or email, of the Non-Payment Event. If the Non-Payment Event is not cured within 30 days of the due date, will incur late payment interest at the rate of 15% compounded monthly on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the owed via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $1,000. In such circumstances, you shall be liable for any and all additional administrative, collection and/or court costs. Returned cheques will incur a $100 charge to cover administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor you agree to reimburse us for any costs incurred in researching and responding to such chargeback with a minimum research cost of $250.00 per hour USD, including our actual costs paid to the card processor or our banks, other third parties, as well as the reasonable value of the time of our employees spent on the matter. In the event that a chargeback is placed on a transaction that will be considered notification of cancellation by you. We also reserve the right to report the incident for inclusion in the chargeback abuser databases.
4. MODIFICATIONS TO SERVICE TERMS
Intrinsically Safe Store Premium Protect Service may change the terms and conditions of these Service Terms from time to time by posting the changes to www.intrinsicallysafestore.com, Intrinsically Safe Store Premium Protect Service shall not be liable to Customer or any third party should Intrinsically Safe Store Premium Protect Service exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement to any such modifications.
Notification of Changes The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy will be posted on our web site when these changes take place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
5. PRIVACY POLICY
It is Intrinsically Safe Store Premium Protect Service’s policy to respect the privacy of its Customers. For information on our privacy practices, please call INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE or review our privacy policy at www.intrinsicallysafestore.com
6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Intrinsically Safe Store Premium Protect Service servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer
disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Intrinsically Safe Store Premium Protect Service and/or its third party service provider, neither Intrinsically Safe Store nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks,
laser disks, cassettes, DVDs, film or other media.
7. LIMITATIONS TO SERVICE
Intrinsically Safe Store Premium Protect Service shall not be liable for any failure or delay in performance due to any cause beyond its control. Intrinsically Safe Store Premium Protect Service and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or industry regulations and laws including but not limited to HIPAA
compliance and Gramm-Leach-Biley Act or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Intrinsically Safe Store Premium Protect Service.
8. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Intrinsically Safe Store Premium Protect Service (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, incumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Intrinsically Safe Store Premium Protect Service by reason of, or arising from: (a) Customer’s breach of these Service Terms; (b) Customer’s actual or alleged infringement of any patent,
copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Intrinsically Safe Store Premium Protect Service or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
9. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTRINSICALLY SAFE STORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM INTRINSICALLY SAFE STORE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
10. LIMITATION OF LIABILITY
INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OFCUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Intrinsically Safe shall not be responsible at any time for any loss, alteration, or corruption of any software,
data, or files. Intrinsically Safe Store Premium Protect Service shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Intrinsically Safe Store Premium Protect Service. Notwithstanding any language to the contrary, Intrinsically Safe Store Premium Protect Service’s maximum liability to Customer arising from or related to Intrinsically Safe Store Premium Protect Service under this Agreement shall be limited to the sums paid by Customer to Intrinsically Safe Store Premium Protect Service under this Agreement during the three months prior to the time the cause
of action arose.
11. LAWS
These Service Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law provisions. Customer and Intrinsically Safe Store Premium Protect Service agree to submit to the exclusive jurisdiction of the courts in Houston, Texas. If any provision(s) of the Agreement is
held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Intrinsically Safe Store Premium Protect Service agree that any cause of action arising out of or related to this Service must commence within one (30 days) after the cause of action arose; otherwise, such cause of action is permanently barred.