Description of Qubicals: Qubicals provides all IT devices repair along with SEO, SEM as well as configuration support for all IT devices. Qubicals charges customers based on the subscription plan taken by the customer on his/her own discretion, and is payable as per the plan’s payment cycle. Qubicals customers obtain Support from Qubicals. **Support Engineers (here on ‘SE’s) by contacting them via Phone, Email, and Online Chat. Qubicals offers its customers the choice of support services, where a SE can, with the customer’s authorization, take over the control of customer’s computer from a location. By accepting these Terms and Conditions of Usage, customer acknowledges that they are aware that they will, on occasion, be offered the Support option. Qubicals SE’s are not allowed to use support without the explicit consent of the customer. Qubicals will use reasonable effort to provide the customer with Support, for as long as the customer’s account is current and not in arrears. Qubicals reserves the right to refuse service to anyone.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Support is only provided to paying account holders and is only available via email, chat and on call. Currently the service is available only in English and Hindi languages, all other languages would be entertained on best effort basis. You understand that Qubicals may uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, or resell our services to a third-party unless explicitly specified by us. Any liability that arises from this would be solely yours. We may, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Qubicals customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. Qubicals does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that Qubicals. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Qubicals has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Any liability would be limited to the value of service contract. The failure of Qubicals To exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Qubicals and govern your use of the Service, superseding any prior agreements between you and Qubicals (including, but not limited to, any prior versions of the Terms of Service). Any further questions about the Terms of Service should be sent to customerservice@Qubicals.com
You must be 13 years or older to use this Service. You must be a human. Your account may be used only by one person – a single account is limited for use by only the defined number of PCs in the agreement. You will have to purchase support for additional PCs if so required. Qubicals would provide services for only the issues and software that has been explicitly mentioned on our website and listed in Annexure 1. For all other software and issues we would not be liable to provide services. Our services are available through on call, chat and e-mail only. We give the same day services to all our customers, the resolution of your computer problem may go up to 2-3 days depending upon the computer condition and problems. By agreeing to these terms and services you agree that Qubicals is not liable to provide any support for Hardware related issues of your PC, Servers, and Printers, kindle, Wireless Access Device or any other issues. We do not provide any replacement or stand by on any computer part that has malfunctioned We do not provide any warranty on hardware and software that is covered under the support plan .You are responsible for maintaining the security of your PC including username and password. Qubicals cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are requested not to share your computer username and password with the support professional at any time, if this is accidentally shared, please change the password immediately. Qubicals cannot and will not be liable for any loss or damage from your data theft from your PC in this scenario. In all access sessions you are requested to constantly monitor the session when the person is on phone with you, we would not request any session with you without any live person talking to you at the same time. In case you get a session without a live person on call you are requested to not accept the request, at no time Qubicals would be responsible for any data theft that occurs due to unattended session. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). All your action and interactions with us on computer support issues should comply with the cyber laws of India/US or your country of residence. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time Payment, Refunds, Upgrading and Downgrading Terms If you are buying online a valid credit card is required for paying accounts. We reserve the right to accept or reject the payment made through credit cards Qubicals support plan starts from the date on which you signup or sign the agreement copy, and the payment is realized. In case of annual and more than monthly plan the Service is billed in advance on a monthly basis and is non-refundable for that month. In case you are not satisfied with the service and we have not been able to resolve even 1 issue with your PC in that month you are entitled to a full refund no questions asked. In case we’re not able to fix even one of your computer issues your complete amount would be refunded. In case we’re able to fix even one issue you’re not entitled for a complete refund. We would deduct a minimum of ($50 or 50% of the total charged amount, whichever is higher) x number of cases resolved by us, and refund back the rest amount. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities of India, and you shall be responsible for payment of all such taxes, levies, or duties, if levied in your country. We don’t store credit card information for any customer and we would not do any charging without your explicit consent. You can move from a monthly/annual plan to an incident based plan, and we would be able to accommodate your amount for any such move at the terms and conditions suggested to you by your account manager at that time.
Cancellation and Termination
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account to your account manager is a must and you must receive a confirmation from your account manager on the date of cancellation. All of your data stored with us will immediately be archived from active servers and maybe stored with us for any future use. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and we will not charge you again. Qubicals, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for reasons such as unauthorized access of our portal, servers and databases, abusive behavior, data theft, improper utilization of our services, using the service for PC other than the one which has been registered for use with Qubicals among other reasons. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your PC Support Service. Any use of software which is not legal may result in termination of your services and cancellation of your account by Qubicals. Qubicals reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Qubicals reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes on our website www.Qubicals.com or by sending an e-mail to you at our registered account.
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 Service. You hereby authorize Qubicals 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 Qubicals and/or any other company who bills products or services, or acts as billing agent for Qubicals 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 Qubicals with updated credit card information upon Qubicals request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Qubicals nor any Qubicals 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 Qubicals 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.
Copyright and Content Ownership
All content posted by you and transmitted to us should comply with Indian/US cyber laws and copyright laws and /or the copyright law in your country. Any data that you share with us would be the intellectual property of your or third-party from which you have sourced the content, Qubicals would not own any rights to such issues. Any queries or resolutions that you post on our forums would become our property. Qubicals reserves the rights to remove any content posted on our website it seems inappropriate without assigning any reason.
Availability of Services
Qubicals telephone support services for SEO, SEM or IT devices and online Support services and products (collectively, the “Membership Services”) are available only to one (1) registered user (each, a “Member”) for the one (1) or more computer systems registered (each, a “Registered System”) with Qubicals under different plans.
Technical Services Responsibilities
Qubicals will use its best efforts to resolve Members’ basic computer technical problems for a Registered System. Qubicals will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Live and online response times may be delayed due to research and inquiries, as may be necessary. Qubicals live or online Support does not assure that every request for Support will be resolved to Member’s satisfaction, and Qubicals responses constitute only technical advice or suggestions. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support. Qubicals has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Member’s technical problem.
No Assurance of Problem Resolution
Qubicals will use reasonable effort to resolve the customer’s problem. However, the complexity of technology will inevitably result in Qubicals being unable to resolve certain customer problems. Customer acknowledges that they are aware of this limitation and by subscribing to the Qubicals service have indicated acceptance of the No Assurance of Problem Resolution section of the Qubicals Terms and Conditions of Usage. Notwithstanding such limitation, Qubicals does not guarantee problem resolution to any customer problem. Qubicals will only exercise reasonable effort to resolve said customer’s technical problem.
Bundled Products/Services from Third Parties
Qubicals provides products and services from third parties as part of its Qubicals service. These third party products and services are covered by their respective publishers/owners. Qubicals does not guarantee the usability or merchant ability of such services. Customer acknowledges that Qubicals is providing them as a potential benefit to the customer.
Member is responsible for providing Qubicals with complete information concerning each Registered System, and to notify Qubicals by email in the event Member wishes to change a Registered System. Prior to seeking Support, Member is solely responsible for adequate protection and backup of Member’s data, software and/or hardware. Member shall not provide Member’s password to any third person or permit its use by any third person. Member understands and acknowledges that neither Qubicals nor any of its third-party product or service providers shall be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any Support services, other services, or products provided by Qubicals
Qubicals provides Support for SEO, SEM, popular computers, peripherals, and software. Specific products supported are described on the Qubicals website, www.Qubicals.com, and are subject to change. Customer acknowledges that due to the rapidly changing nature of technology, Qubicals cannot be held responsible for supporting every computer-related product in the market. Qubicals will clearly indicate which products or product lines are supported on its web site. Qubicals can, at its own sole discretion, decide to provide Support for a product not listed on the web site. In this case, Qubicals warrants support only for the specific problem instance and does not warrant that it will continue to support such unlisted product beyond the single specific instance described above.
Qubicals membership services, the Qubicals website (including all information and products that are referenced or linked to in the Qubicals website), and all other information, documents, products, software, downloads, repair services, advice, and information provided by Qubicals and any of its third-party product or service providers are provided “as is” and without warranty of any kind, either express, implied or statutory, including but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, or non-infringement. Qubicals assumes no responsibility for any errors, omissions or other inadequacies in the membership services, the Qubicals website (including all information and products that are reverenced or linked to in the Qubicals website), or any other information, documents, products, software, downloads, repair services, advice, and information provided by Qubicals or any of its third-party product or service providers.
Limitation of Liability
No director, officer, or employee of Qubicals shall be held liable for any direct, indirect, or consequential damages resulting from use of the service. Customer agrees to indemnify, hold harmless, and release Qubicals from any damages, attorney’s fees, and costs resulting from use of the service.
Qubicals owns all rights to the Service and associated material, including the Qubicals web site. Any unauthorized use of Qubicals property is a violation of Qubicals intellectual property rights.
Credit Card information
We never ask for credit card numbers and codes, you are requested never to relay your credit card numbers to our technicians or any one supporting you online; we don’t need it to solve your computer issues. If someone asks you for the same under the name of our organization, please report the matter to customerservice@Qubicals.com
Limitation of Liability
No director, officer, or employee of Qubicals shall be held liable for any direct, indirect, or consequential damages resulting from use of the service. Customer agrees to indemnify, hold harmless, and release Qubicals from any damages, attorney’s fees, and costs resulting from use of the service. Also, no director, officer, or employee of Qubicals shall be held liable if Qubicals cannot continue to provide service and support due to any reason.
Termination or Suspension of Service
A customer’s breach of the Terms and Conditions of Usage shall result in the termination or suspension of their subscription and associated service. Qubicals shall exercise its right to terminate or suspend service solely at its own discretion, without consulting the customer. Qubicals shall incur no liability resulting from terminating or suspending service upon breach by a customer. Also, any exiting offers (i.e. free laptop) provided by Qubicals are subjected to the target achieved. In any month or a week, if Qubicals doesn’t reach the proposed target, then Qubicals reserves right to suspend the offer for the respective month or a week.