Terms and Conditions
THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT NECESSITIES CONCERNING YOUR USE OF Sunshine Info Solutions WEBSITE AND Sunshine Info Solutions COMPUTER SUPPORT SERVICE AND YOUR AFFILIATION WITH Sunshine Info Solutions. YOU SHOULD STUDY THEM CAREFULLY AS THEY CONTAIN VITAL INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY CANCELLATION, 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 Sunshine Info Solutions SERVICE.
“AGREEMENT”
THESE TERMS AND CONDITIONS, COMBINED WITH EACH ACKNOWLEDGED PLAN ORDER SUBMITTED BY YOU, ANY SUPPLEMENTARY TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND Sunshine Info Solutions (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been approved by Sunshine Info Solutions in writing or e-mail. You must approve the Terms and Conditions in order to be eligible to use the Sunshine Info Solutions Portal (defined below), or obtain Services (defined below).
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
“CONTENT”
Software, Materials, Services and other connected information are collectively referred to as “Content.”
“YOU” OR “YOU”
“You” means you individually, any person, including any company that you are representing.
“Sunshine Info Solutions CERTIFIED TECHNICIAN/(S)”
“Sunshine Info Solutions Certified Technician means” technicians and specialists certified by Sunshine Info Solutions to perform the Services under this Agreement.
“SUBSCRIPTION BASED PLANS”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Sunshine Info Solutions that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
“SERVICES” AND “Sunshine Info Solutions PORTAL”
All references to “Services” refer to any Sunshine Info Solutions service delivered under the plan that you enter into with Sunshine Info Solutions through use of the Sunshine Info Solutions Website located at www.Sunshine Info Solutions.com or by calling the Sunshine Info Solutions phone number mentioned on the Sunshine Info Solutions Website. These Terms of Use govern all plans available through the Sunshine Info Solutions Website. 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 Sunshine Info Solutions Portal are the proprietary and copyrighted work of Sunshine Info Solutions and/or its suppliers. The definition of “Materials” does not include the design or layout of the Sunshine Info Solutions.net web site or any other Sunshine Info Solutions owned, operated, licensed or controlled website.
“SOFTWARE”
Software” means a computer program of any kind, whether owned by Sunshine Info Solutions 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 Sunshine Info Solutions 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 Sunshine Info Solutions Website or by calling Sunshine Info Solutions. Once Sunshine Info Solutions accepts the Plan Order submitted by you, then you will receive an email from Sunshine Info Solutions at the email address that you provide or have provided to Sunshine Info Solutions as part of the Registration Process for the Services. Sunshine Info Solutions is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Sunshine Info Solutions 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, Sunshine Info Solutions will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Sunshine Info Solutions will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access 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 Sunshine Info Solutions’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1800682148. 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. All payments against the plan orders will be collected by Sunshine Info Solutions. Sunshine Info Solutions has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of 6 months, one, or two year(“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. You agree to maintain your Service for the applicable term.
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 Sunshine Info Solutions 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 Sunshine Info Solutions and/or any other company who bills products or services, or acts as billing agent for Sunshine Info Solutions 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 Sunshine Info Solutions with updated credit card information upon Sunshine Info Solutions’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Sunshine Info Solutions nor any Sunshine Info Solutions 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 Sunshine Info Solutions’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 $15.00.