You will be eligible for a full refund within the first 30 days of your payment, if ITinfoCube IT Services Pvt. Ltd. has not been able to resolve even a single issue brought up by you within the first 30 days of the subscription, And mode of refund would be either Bank Transfer or via PayPal within 48-72 hours after initiating a refund.
Therefore, it is agreed by the parties that if there are one or more resolved issues, the fees for the Subscription Service will not be refundable.
Notwithstanding this, ITInfocube IT Services Pvt. Ltd. may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting relevant charges for servicing the Customer. Such relevant charges will be decided solely by ITInfocube IT Services Pvt. Ltd. depending on the services performed in the specific case.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by ITInfocube IT Services Pvt. Ltd. or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from ITInfocube IT Services Pvt. Ltd. or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR ITInfocube IT Services Pvt. Ltd. SOFTWARE
With regard to any Software made available to you by ITInfocube IT Services Pvt. Ltd. through the ITInfocube IT Services Pvt. Ltd. Portal for which your acceptance of a separate license agreement is not required ("ITInfocube IT Services Pvt. Ltd. Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by ITInfocube IT Services Pvt. Ltd. to use the ITInfocube IT Services Pvt. Ltd. Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the ITInfocube IT Services Pvt. Ltd. Software. You agree that the ITInfocube IT Services Pvt. Ltd. Software is the confidential and proprietary information of ITInfocube IT Services Pvt. Ltd. or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the ITInfocube IT Services Pvt. Ltd. Software, or otherwise reduce the ITInfocube IT Services Pvt. Ltd. Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the ITInfocube IT Services Pvt. Ltd. Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the ITInfocube IT Services Pvt. Ltd. Software. You acknowledge that this license is not a sale of intellectual property and that ITInfocube IT Services Pvt. Ltd. or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the ITInfocube IT Services Pvt. Ltd. Software and related documentation, as well as any corrections, updates and upgrades. The ITInfocube IT Services Pvt. Ltd. Software may be used in the United States only, and any export of the ITInfocube IT Services Pvt. Ltd. Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, ITInfocube IT Services Pvt. Ltd. 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 ITInfocube IT Services Pvt. Ltd. assists you in the acquisition, installation, and/or use of Third Party Software. ITInfocube IT Services Pvt. Ltd. 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 license to the ITInfocube IT Services Pvt. Ltd. Software shall remain in full force and effect unless and until terminated by ITInfocube IT Services Pvt. Ltd., its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the ITInfocube IT Services Pvt. Ltd. Software and immediately delete the ITInfocube IT Services Pvt. Ltd. Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, ITInfocube IT Services Pvt. Ltd. may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that ITInfocube IT Services Pvt. Ltd. may elect to make available from time to time. Violation of such third party provider's terms of service may, in ITInfocube IT Services Pvt. Ltd.'s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
ITInfocube IT Services Pvt. Ltd. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW ITInfocube IT Services Pvt. Ltd. TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE ITInfocube IT Services Pvt. Ltd. SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
ITInfocube IT Services Pvt. Ltd. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. ITInfocube IT Services Pvt. Ltd. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ITInfocube IT Services Pvt. Ltd. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL ITInfocube IT Services Pvt. Ltd. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall ITInfocube IT Services Pvt. Ltd. be liable to you in excess of the amounts actually paid by you to ITInfocube IT Services Pvt. Ltd. under the Plan Order that is the subject of the dispute.
If you have any queries in addition to understanding our terms and conditions, please write us back to info@itinfocube.com
