Refund Policy
For subscription based plans, a full refund will be issued if Cloud Mec has not been able to resolve even a si ngle issue for you within the first 30 days of the subscription. If there are one or more res olved issues, the fees for the Subscription Service will not be refundable.
Not with standing this Cloud Mec may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charge s for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites which were required to resolve the problem Issue was not resolved until the time account was active.
30 days have not passed after the issue was last worked upon by a Cloud Mec technician
Privacy Policy
The Cloud Mec’s Privacy Policy which is an integral part f these Terms and Conditions is incorporated here by reference Cloud Mec If you have not yet reviewed the Cloud Mec’s Privacy Policy, then please d o so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Cloud Mec over the telephone, electronic ally or otherwise, is not confidential or proprietary to you.
End User License Agreemen ts (Eula) – Generally
Inconnection with our Servic e, we may provide to you, the use of certai n software which is owned by Cloud Mec 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 Cloud Mec 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 Cloud Mec Software
With regard to any Software made available to you by Cloud Mec through the Cloud Mec Web sites for which your acceptance of a separate license agreement is not required (“Cloud Mec Software”), you are hereby g ranted a revocable, nonexclusive, non- transferable license by Cloud Mec to use the Cloud Mec Software (and any corrections, updates and upgrades). In acco rdance with and as required under the Service Pl an you shall not make any copies of the Cloud Mec Software. You agree that t he Cloud Mec Software is the confidential and proprietary information of C ore Software Solution or its third party licensors, providers or suppliers, and which you sh all not disclose to others or use except as expressly permitted herein. You may not decompile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Cloud Mec Software, or otherwise reduce the Cloud Mec Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, repro duce, sublicense or distribute copies of the Softw are, or otherwise transfer the Cloud Mec 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 grante d any title or rights of ownership in the Cloud Mec Software. You acknowledge that this license is not a sale of intellectual property and that Cloud Mec 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 th e Cloud Mec Software and related documentation, as well as any corrections, updates and upgrades. The Cloud Mec Software may be used only in the country of residence at the time of acceptance of these terms for use of the Cloud Mec Soft ware. Export of the Cloud Mec Software is strictly prohibited.
Third Party Products
As part of the Services, Cloud Mec may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party S oftware. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Cor e Software Solution assists you in the acquisition, installation, and/or use of Third Party Software. Cloud Mec has no responsibility or 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 Cloud Mec Software shall remain in full force and effect unless and until terminated by Cloud Mec, 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 Ser vice Plan for any reason, you must cease all use of the Service Plan and the Cloud Mec Software and immediately delete the Cloud Mec Software from your computer. To the extent that we provide technical assistance and for Third Party Soft ware or equipment, you must ensure that yo u comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no repre sentation or 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 and if so, to acquire such rights. You acknowledge that of Third Party Software or equipment an unauthorized service provider may void an y warranty made by the supplier of such Third Party Software or equipment.
Third Party Agreements
As part of the Services, Cloud Mec 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 Websites, training, music, gaming and storage services that Cloud Mec may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Cloud Mec sole discretion, result in the termination of your customer account and use of service.
Limited Service Warranty
Cloud Mec DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND T HE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THATT YOU ARE NOT SATISFIED WITH THE SE RVICES, YOUR SOLE REMEDY IS TO ( A) ALLOW gator SUBJECT TO DISPUTE,
(B) REDOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Cloud Mec SERVICE PLANS COME WITH A 7 DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTAT ION FOR THOSE SPECIFIC PLANS. THIS 7 DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE T ERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT Cloud Mec AND/OR ITS RESPECTIVE SUPPLI ERS MAKE NO REPRESENTATIONS AB OUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SE RVICES, MATERIALS OR THE SOFTWWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE AR E PROVIDED “AS IS” WITHOUT WARRANT Y OF ANY KIND WHATSOEVER. C ORE SOFTWARE SOLUTION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STAT UTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRI NGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACC URACIES OR TYPOGRAPHICAL ERRO RS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Cloud Mec AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT A NY TIME. IN NO EVENT SHALL Cloud Mec AND/OR IT S RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PR OFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTIO N WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWAR E, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
Limitation of Liability
Notwithstanding anything to the contrary in no event shall Cloud Mec be liable to you in excess of the amou nts actually paid by you to Cloud Mec under the Plan Order that is the subject of the dispute.
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall be forever waived and barred.
Term and Termination
Cloud Mec at its sole election may terminate or susp end your Service immediately without notice if, in the sole discretion of Cloud Mec: (a) you are in breach of any of the Terms an d Conditions (including but not limited to all policies regarding abuse and acceptable use of t he Service) or any license for Third Party Sof tware; (b) your use of the Service is prohibited by law or is disruptive to, adversely im pacts or causes a malfunction to the Service, Cloud Mec network, or the use and enjoyment of Cloud Mec other users; (c) Cloud Mec receiv s an order from a court to terminate the Service you are availing ; (d) if Cloud Mec for any reason ceases to offer the Service; (e) if you are no longer a Cloud Mec customer, or (f) Cloud Mec deter mines that you are abusing the Service. Cloud Mec, in its sole discretion, may refuse to accept your request for the Service, renewal or resubscription following a term ination or suspension of your use of the Service.