Support Plans & On-Demand
Terms and Conditions
Last updated: 5 Sep 2018
Welcome to IT Solver.
By contacting IT Solver for support services offered under a support plan referenced below (“Support Plan”) or registering a support plan with IT Solver, the individual or entity ("Customer") agrees that the following terms and conditions (“Terms and Conditions”) govern the delivery of support services under the applicable support plan. please note, however, that support services that are provided to assist a customer received benefits under IT Solver’s one year limited warranty, IT Solver support plan or applicable consumer law are governed under the terms of the respective warranty, IT Solver service contract or consumer law regulations. With respect to support services that are governed by these terms and conditions, if customer does not agree to these terms and conditions, customer should not contact IT Solver or register the support plan. To cancel a purchased support plan and receive a refund of any moneys paid, customer should contact IT Solver, as described below. A support plan will be effective when IT Solver accepts customer’s registration (“Effective Date”).
- Services. Upon acceptance of Customer’s registration, IT Solver will provide support services (“Support Services”) on software products or related technologies (“Supported Products”) for the applicable Support Plan, all as described at the following online webpage: https://www.itsolver.net/legal (“Services Agreement”). IT Solver reserves the right to amend the Support Services provided and/or Supported Products covered under a Support Plan, at any time, by posting updates to the Support Plan Support Page. IT Solver will not amend the Support Services and/or Supported Products in a way that (i) reduces the level of effort IT Solver provides under the Support Services, or (ii) materially impacts IT Solver’s obligation to deliver the Support Services, or (iii) materially impacts the rights that Customer receives under the Support Services. For any updates that affect Customer’s Support Plan, IT Solver will notify Customer of the update via the electronic mail address registered by Customer no less than thirty (30) days prior to its posting. The terms described at the Support Plan Support Page are incorporated into these . In the event of any inconsistencies between the terms in this document and the terms at the Support Plan Support Page, the terms at the Support Plan Support Page will govern.
- Support Requests. Support Plans are provided in single, multiple or unlimited Support Request packages. A Support Request is a specific, discrete problem whose origin can be isolated to a single cause. IT Solver will make reasonable efforts to resolve a Support Request but does not guarantee that Support Requests will be resolved. IT Solver, in its sole discretion, will determine what constitutes a Support Request and to the extent permitted by law if the Support Request is resolved. Generally, a Support Request is resolved when Customer receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue. Under a Support Plan with a limited number of Support Requests, each new Support Request contact made by Customer will decrease the remaining number of eligible Support Requests.
- Response Times. IT Solver will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Support Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Support Plan’s Hours of Operations described on the Support Plan Support Page.
- Current Release. Unless otherwise specified, all Supported Products must be at their most current release level.
- Use. Support Services are not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines or other activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.
- Technical Contacts. Support Services are provided to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Support Plan (“Technical Contact(s)”). Technical Contacts are the sole liaisons between Customer and IT Solver for technical support of the Support Plan. For Support Plans with multiple Technical Contacts, if Customer wishes to change the Technical Contacts, Customer must give no less than five (5) days written notice of the change to IT Solver at the applicable Refund Contact Address described below or, if applicable to the Support Plan, enter the changes directly via the Customer’s secure, customized website as described in the instruction documents delivered at the start of the Support Plan.
- Exclusions. Unless otherwise specified in the Support Plan, IT Solver will not provide Support Services relating to problems or issues arising out of or from (a) the use of a Supported Product as a server-based application; (b) issues that could be resolved by upgrading a Supported Product; (c) the use or modification of a Supported Product in a manner for which the Supported Product is not intended to be used or modified; (d) third-party products or technologies and their effects on or interactions with a Supported Product; (e) damage to the media on which a Supported Product is provided, or to the computer on which a Supported Product is installed; (f) use of a computer system that is incompatible with a Supported Product; and (g) issues relating to Internet, email, file management, network configuration, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, onsite diagnosis, or other issues not within the scope of the Support Services described under a Support Plan.
- Customer Responsibilities. To receive Support Services, Customer must register the Support Plan and follow the access instructions provided by IT Solver. Customer is responsible for all fees in establishing and maintaining email and telephone communications with IT Solver. Customer will cooperate with IT Solver when seeking Support Services by providing information necessary to assist IT Solver diagnosing an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will not disclose to IT Solver confidential, proprietary or any information that is subject to intellectual property rights that may expose IT Solver to liability. Customer will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Support Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorised distribution of the Support Services will be grounds for immediate termination of these. Customer will take reasonable measures to prevent the unauthorised distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.
- Disclaimer of Warranty. Although IT Solver cannot guarantee that a support request will be resolved, IT Solver will make reasonable efforts to perform support services under the support plan in a professional manner. To the extent permitted by law, the express warranty and remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, IT Solver and its licensors specifically disclaims any and all statutory or implied warranties, related to or arising in any way out of these terms and conditions, including any implied warranty or merchantability or fitness for a particular purpose.
- Limitation of Liability. To the extent permitted by law, IT Solver's and its licensor’s liability under these terms and conditions is limited to the amounts paid by customer for the support plan ordered by customer. In no event shall IT Solver and its licensor have any liability for any indirect, special, requestal or consequential damages, including but not limited to damages for lost profits, loss of data, loss of use or equipment or facilities, or interruption of business, arising in any way out of these terms and conditions under any theory of liability, whether or not IT Solver and its licensors have been advised of the possibility of such damage. If customer is covered by consumer protection laws or regulations in its country of purchase or, if different, its country of residence, the benefits conferred by these terms and conditions are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. Some countries, states and provinces do not allow the exclusion or limitation of requestal or consequential damages or exclusions or limitations on implied warranties or conditions, so the above limitations or exclusions may not apply to customer. These terms and conditions give customer specific legal rights, and customer may also have other rights that vary by country, state or province.
- Term and Termination. Unless terminated earlier in accordance with this section, a Support Plan will continue for a term of twelve (12) months from the Effective Date or until all Support Requests are used, whichever occurs first (unless otherwise authorised by IT Solver in writing). IT Solver will not provide Support Services beyond the end of the Support Plan unless your Support Plan is renewed on or before its termination date. IT Solver may terminate a Support Plan at any time (a) if after providing Customer no less than fifteen (15) days prior written notice, Customer fails to pay fees due for a Support Plan, or (b) if after providing Customer no less than thirty (30) days prior written notice, Customer fails to cure a breach of these , or (c) if Customer breaches a term of any software license agreement governing the use of software provided under a Support Plan. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Support Plan for any reason within thirty (30) days of the Support Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Refund requests must be sent in writing, together with applicable proof of purchase to the Refund Contact address identified below. Sections 6, 7 and 12 will survive termination of these for any reason.
- IT Solver; Governing Law. “IT Solver" is identified in the table below according to the Customer’s country of residence. It is agreed that these terms and conditions are governed by the laws of the country of purchase or, if different, the country of residence, and the courts of the respective countries will have jurisdiction over the matter.
- Additional Services or Software. Any additional services provided, as part of a Support Plan will be governed by these . In the event that Support Services are provided at a Customer’s location as part of a Support Plan, Customer will ensure that IT Solver is granted access to the location at the arranged time and will secure a safe working environment sufficient for IT Solver to perform the Support Services. In the event that software is provided as part of a Support Plan, such software is the copyrighted works of IT Solver and/or its licensors. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software.
- General. Customer may not assign its rights or obligations under a Support Plan. Any unauthorised assignment will be void. IT Solver will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between IT Solver and Customer with regard to the Support Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon IT Solver unless made in writing and signed by an authorised representative of IT Solver. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.
- The rights described in these terms and conditions in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 and other applicable Australian consumer protection laws and regulation.
If You have any questions about these Terms and Conditions, please contact us online or at:
6a/112 Bloomfield St
Cleveland, Qld 4163