Terms of use

THESE TERMS AND CONDITIONS ("TERMS OF USE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Bigfix.in'S WEBSITE AND Bigfix.in'S COMPUTER REPAIR & SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Bigfix.in. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN

IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS

AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE Bigfix.in SERVICE.

"AGREEMENT"

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER ACCEPTABLE USER POLICY (AUP) AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND Bigfix.in (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by Bigfix.in in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Bigfix.in Portal (defined below), or obtain Services (defined below).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the ACCEPTABLE USER POLICY (AUP) and the Privacy Policy and are incorporated by reference to these Terms and Conditions.

"CONTENT"

Software, Materials, Services and other related information are collectively referred to as "Content."

"YOU" OR "YOU"

"You" means you individually, any person, including any employer that you are acting on behalf of.

"BIGFIX.IN"

Trademark "Bigfix.in" is used by Bigfix Gadget Care LLP pursuant to license. All references to Bigfix.in refer to Bigfix Gadget Care LLP

"BIGFIX.IN CERTIFIED TECHNICIAN/(S)"

"Bigfix.in Certified Technician means" technicians and specialists certified by Bigfix.in to perform the Services under this Agreement.

"SHARED SERVICES"

"SERVICES" AND "BIGFIX.IN PORTAL"

All references to "Services" refer to any Bigfix.in service plan that you enter into with Bigfix.in through use of the Bigfix.in Website located at www.BigFix.in(the "Bigfix.in Portal") or by calling the Bigfix.in phone number mentioned on the Bigfix.in Website. These Terms of Use govern all plans available through the Bigfix.in Website, and any use of the Bigfix.in Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services ("Plan Order").

"MATERIALS"

"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Bigfix.in Portal are the proprietary and copyrighted work of Bigfix.in and/or its suppliers. The definition of "Materials" does not include the design or layout of the Bigfix.in.net web site or any other Bigfix.in owned, operated, licensed or controlled website.

"SOFTWARE"

"Software" means a computer program of any kind, whether owned by Bigfix.in or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Bigfix.in Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

You may order Services by submitting Plan Orders through the Bigfix.in Portal or by calling Bigfix.in. Once Bigfix.in accepts the Plan Order submitted by you, then you will receive an email from Bigfix.in at the email address that you provide or have provided to Bigfix.in as part of the Registration Process for the Services. Bigfix.in is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Bigfix.in of a Plan Order, you will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, Bigfix.in will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Bigfix.in will attempt problem diagnosis and a solution through chat, email or remote and/or a scheduled onsite visit or other means as it deems most appropriate under the circumstances. You understand that if remote ac cess is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Bigfix.in's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1800 200 1240. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Bigfix.in has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. You understand that certain Service Plans may have fee including, but not limited to "Service Fee". All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.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 Bigfix.in 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 Bigfix.in and/or any other company who bills products or services, or acts as billing agent for Bigfix.in 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 Bigfix.in with updated credit card information upon Bigfix.in's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Bigfix.in nor any Bigfix.in 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 Bigfix.in's 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 Rs 250.00.

REFUND POLICY

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 and Issue was not resolved till the time account was active.

• The issue is out of scope for the particular plan

• 07 days have not passed after the issue was last worked upon by an Bigfix.in technician

ACCEPTABLE USER POLICY (AUP) AND PRIVACY POLICY

The Bigfix.in Acceptable User Policy (AUP) and the Privacy Policy which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the Bigfix.in "AUP" and the Privacy Policy, then please do 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 Bigfix.in over the telephone, electronically or otherwise, is not confidential or proprietary to you.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services, Materials and Software are solely for your personal and non- commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Bigfix.in Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Bigfix.in server, or the network(s) connected to any Bigfix.in server, or interfere with any other party's use and enjoyment of any of the Bigfix.in Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Bigfix.in Portal, the Materials, Software or Services, other accounts, computer systems or etworks connected to any Bigfix.in server or to any of the Bigfix.in Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Bigfix.in Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:

Though Bigfix.in has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Bigfix.in's "fair use" policy. Under this policy, if at any time, in Bigfix.in's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Bigfix.in reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Bigfix.in reserves the right to suspend or terminate any Subscription Services of any Subscriber that Bigfix.in, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Bigfix.in; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

USE OF COMMUNICATION SERVICES

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

• Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

• Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

• Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading Bigfix.in or others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof. Bigfix.in has no obligation to monitor the Communication Services. However, Bigfix.in reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Bigfix.in reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Bigfix.in reserves the right at all times to disclose any information as Bigfix.in deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bigfix.in' s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING

You may not create hyperlinks to any portion of the Bigfix.in Portal, nor any Materials or Software posted therein.

INDEMNITY

You agree to indemnify, defend, and hold Bigfix.in, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of Bigfix.in or any other third party. You will cooperate as fully as reasonably required in Bigfix.in's defence of any claim. Bigfix.in reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Bigfix.in. You agree immediately to notify Bigfix.in of any unauthorized use of your account or any other breach of security known to you.

GUESTS; LIMITED LICENSE TO USE OF BIGFIX.IN PORTAL

If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the Bigfix.in Portal by current Bigfix.in customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest". As a Guest you may use the Bigfix.in Portal and Materials specifically designated as available to guests on the Bigfix.in Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Bigfix.in, (b) registering with Bigfix.in and submitting Plan Orders only. The foregoing license grant is a non- exclusive revocable license.

COMMUNICATIONS SERVICES

Bigfix.in may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Bigfix.in's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively  "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

LIMITED LICENSES TO USE THE BIGFIX.IN PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software posted on the Bigfix.in Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

SLA

Business Support Hours After-Hours Emergencies After Business Support Monday-Saturday, 8:30 a.m. - 8:30 p.m.

Log a ticket at

http://helpdesk.BigFix.in

Call @ 18002001240.

HOW TO REQUEST SERVICE

Customers should contact the BigFix to report problems with services, hardware, and software. The BigFix support may be obtained in any of the 4 ways listed below.

• Phone(1800-200-1240): Phone service is available during normal business hours. Messages left on the voicemail system during business hours are processed as soon as possible. Messages left outside of normal business hours will be processed the next business day.

• In Store/Walk in (Check our nearest store location to you on BigFix stores. Walk-in service is available during normal business hours.

• Online Requests can be made via the Web 24 hours a day, 7 days a week and will be processed the next business day during normal business hours. (Login your requests at helpdesk.BigFix.in)

• Initiate Online Remote session 24 hours a day, 7 days a week, if you are a new member or a subscribed member to the service. The BigFix staff will guide you seamlessly through the process.

BIGFIX RESPONSE PROCESS

Contact Support@BigFix.in or Call @ 1800-200-1240 or Mail your account manager Emergencies are defined as situations with broad impact, such as security problems, or the network or e-mail down. Once a Customer &/or SMB Contact requests service, our staff enters a trouble ticket into a tracking system http://helpdesk.BigFix.in. The system automatically generates a ticket number and sends the customer an e-mail acknowledging that a trouble ticket has been created. Keep in mind the following:

• Responses are provided during normal business hours.

• Timeframes represent a best effort; delays may occur when products must be ordered or vendors engaged.

• With equipment orders (e.g., laptops, smart phones), our staff is responsible for providing specs and quotes within the established response timeframe. The timing of equipment delivery is beyond our control.

• Problems may be resolved remotely.

• When computers and smart phones are off site, our staff may not be able to adhere to the published response times.

• Problems caused by issues not within our staff's control, such as building electrical failures, will be addressed as quickly as possible but are not held to the response timeframe.

FOR ANY FURTHER QUICK CONTACTS & RESPONSE

• Please SMS 'SUPPORT' to 5676730 or

• Mail "Request ID" to support@BigFix.in or

• Track your Equipment repair status online,Visit :- www.BigFix.in Enter your request ID and get real time updates.

• Visit http://helpdesk.BigFix.in login under the Existing Customer option with your registered email id to create a new service ticket and track the ticket status

• If system requires a part replacement, part cost will be an additional charge. Our repair team will call you exclusively to take your kind approval.

• In case the device is given with NO POWER / NO DISPLAY / completely non-functional, only post our thorough check-up, we will be able to revert with exact diagnosis and list of parts gone bad. We follow a decision tree approach to repair the problem, thus it could be quite possible that we may call you more than once to seek a revised approval of additional parts.

• The repair/workmanship warranty stands for 1 month, subject to the equipment is not treated/opened/managed by any other vendor, post our last repair. Replaced Parts warranty is separate as per the warranty on each part.

• In any physically damaged equipment or equipment with identified hardware damages, it is quite possible that any part which is intermittently working can potentially completely stop functioning, while we are in the process of diagnosing and resolving the reported issue/s. In such scenario, BigFix.in will not be held liable for returning the system in the exact (pre-received) partial working condition, should the customer deny further repair and resolution by the BigFix.in technical team.

o BigFix.in charges Rs 500 as our basic visiting charge, if either the customer declines our service or denies us to pick up the equipment to bring to the TRC

o In case we charge the complete service charge (lets say Rs 1200) and the customer equipment is brought to our repair centre And the customer denies/does not approve additional repair charges, no REFUND of any kind is entertained.

o In case customer has provided the approval, and we are unable to source the part or not being able to repair, we return the equipment with a minimum Rs 500 deducted from the total as basic workmanship charges"

• BigFix.in does not guarantee data loss and 100% data recovery. Data Back-up is a separate paid service offerred by BigFix.in, should you/customer desire to take on the service, it will be billed additionally. however for small volume of data (< 10GB) we do it for free. While, doing a free data back-up BigFix.in does not encourage backup of music / Video files during its OS reinstallation or any other repair process.

• The customer fully indemnifies BigFix.in.in for any or all software/licenses validity/originality that the customer has on it's equipment/device. BigFix.in does not participate or promote piracy of any kind.

• BigFix.in advices all it's customers to retain original CDs/Licenses for any or all application Softwares/ licenses that are pre-installed on the equipment/device. BigFix.in is not responsible for any loss of installed application software during the process of repair.

• Per node refers to each/specific desktop, laptop, net book, printer & devices with or without IP, as defined in the final Invoice

• Hardware replacement rights are solely and exclusively held with BigFix.in to install new or refurbished parts.

• Parts warranty is provided by the part manufacturer.

• BigFix.in is not liable for any instance of pre-installed pirated software

• The start date/end date - mentioned in the invoice, defines the customer service period.

• All hardware repair will be carried-out in our Technical Repair Centre.

• BigFix.in is not responsible for any data loss, data theft, damage/theft/loss of the equipment during the time of service/repair, while the equipment is in the custody of BigFix.in, however will take utmost precautions to ensure safety of the devices/equipment in line to the policy of safety and protection of the companies assets.

• Please note that while collecting the invoice ensure the request ID / invoice id is mentioned at all times

ESCALATION

If a problem is not resolved expeditiously, the customer may escalate the problem by contacting 1800-200-1240 or writing to the following mail id:support@BigFix.in

GENERAL FEEDBACK

If you would like to share your experience with us, please call on 1800-200-1240 or write to the following mail id: support@BigFix.in

GENERAL LICENSE RESTRICTIONS

Any other use of the Bigfix.in Portal, Services, Materials or Software, other than as explicitly permitted by Bigfix.in is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Bigfix.in and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will:

• Cooperate with the Bigfix.in Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions.

You must confirm that the following conditions are true:

o The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;

o You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;

o The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Bigfix.in support personnel.

• Software/Data Backup: You understand and agree that Bigfix.in shall under no circumstance be responsible for any lost or corrupted software or data. Bigfix.in strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

• Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Bigfix.in immediately of any unauthorized use of your account or any other breach of security. Bigfix.in will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bigfix.in or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of Bigfix.in's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Bigfix.in's ability to schedule a support session. You hereby release Bigfix.in from any and all liability, and agree that Bigfix.in shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Bigfix.in or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM "SERVICES"

"Services" shall not include the following:

• any item or activity not covered by the terms of a Plan Order;

• service beyond the duration limitations identified in your Plan Order;

• problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;

• Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

• Problems that may and do result from:

o External causes such as accident, abuse, misuse, or problems with electrical power;

o Usage that is not in accordance with product instructions provided by manufacture;

o Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or

o Problems caused by using accessories, parts, or components not compatible with the product.

o Non Compliance with the Bigfix.in technician instructions for resolving the query.

EXCLUSIONS FROM "SHARED SERVICES"

"Shared Services" shall not include the following:

• Any item or activity not covered by the terms of a Plan Order;

• Service beyond the duration limitations identified in your Plan Order (Maximum One shared service ticket per month: Any additional Shared Resource will be charged on actual Man-Days basis only post approvals)

• Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;

• Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

• Problems that may and do result from:

o External causes such as accident, abuse, misuse, or problems with electrical power;

o Usage that is not in accordance with product instructions provided by manufacture;

o Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;

o Problems caused by using accessories, parts, or components not compatible with the product: or

o Non-Compliance with the BigFix BUSINESS SUPPORT SERVICE engineer instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE BIGFIX.IN PORTAL, OR THROUGH A SERVICE

For your convenience, Bigfix.in may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Bigfix.in Web site may be copied or retransmitted unless expressly permitted by Bigfix.in. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

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 Bigfix.in 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 Bigfix.in 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 BIGFIX.IN SOFTWARE

With regard to any Software made available to you by Bigfix.in through the Bigfix.in Portal for which your acceptance of a separate license agreement is not required ("Bigfix.in Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Bigfix.in to use the Bigfix.in 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 Bigfix.in Software. You agree that the Bigfix.in Software is the confidential and proprietary information of Bigfix.in 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 Bigfix.in Software, or otherwise reduce the Bigfix.in 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 Bigfix.in 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 Bigfix.in Software. You acknowledge that this license is not a sale of intellectual property and that Bigfix.in 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 Bigfix.in Software and related documentation, as well as any corrections, updates and upgrades. The Bigfix.in Software may be used in the United States only, and any export of the Bigfix.in Software is strictly prohibited.

THIRD PARTY PRODUCTS

As part of the Services, Bigfix.in 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 Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Bigfix.in assists you in the acquisition, installation, and/or use of Third Party Software. Bigfix.in 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 Bigfix.in Software shall remain in full force and effect unless and until terminated by Bigfix.in, 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 Bigfix.in Software and immediately delete the Bigfix.in 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 representation 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 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, Bigfix.in 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 Bigfix.in may elect to make available from time to time. Violation of such third party provider's terms of service may, in Bigfix.in's sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY

Bigfix.in 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 Bigfix.in TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Bigfix.in 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 Bigfix.in 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. Bigfix.in 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 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. Bigfix.in 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 Bigfix.in AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER 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 Bigfix.in be liable to you in excess of the amounts actually paid by you to Bigfix.in under the Plan Order that is the subject of the dispute. "YOU" agree that in case Bigfix.in personnel are required to handle the hardware, Bigfix.in will not be liable towards any damages to your equipment, in-transit or brought-in to our location/office/depot for further repair and replacement.

LIMITATIONS ON ACTIONS

Any cause of action by you must be commenced within three (3) months after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION

Bigfix.in at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Bigfix.in: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Bigfix.in's network, or the use and enjoyment of Bigfix.in's other users; (c) Bigfix.in receives an order from a court to terminate the Service you are availing ; (d) if Bigfix.in for any reason ceases to offer the Service; (e) if you are no longer a Bigfix.in customer, or (f) Bigfix.in determines that you are abusing the Service. Bigfix.in, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY; WAIVER

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Bigfix.in's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER

The Bigfix.in Portal is available PAN-INDIA and may contain references to Bigfix.in products, services, and programs that are not available in a viewer's city/location. These references do not imply that Bigfix.in intends to make such products, services, or programs available in such city/location.

MODIFICATION

Bigfix.in reserves the right to amend the Terms and Condition, and the Bigfix.in Portal at any time by

(a) posting a revised version of the Terms and Conditions on the BigFix.in Portal, or by

(b) sending information regarding any amendment to the Terms of Service to the email address you provide to Bigfix.in in connection with registration. You are responsible for regularly reviewing the BigFix.in website to be notified of any amendments to the Terms and Conditions. Your use of the Bigfix.in Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

LAW & ARBITRATION; FORUM

This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of Delhi, India without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in New Delhi and shall be conducted in English. If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to support@BigFix.in

BigFix.in RECOMMENDS READING THE FULL DISCLAIMER