THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF AGILE SAGE SUPPORT IT SUPPORT SERVICES WEBSITE AND AGILE SAGE SUPPORT SERVICE AND YOUR RELATIONSHIP WITH AGILE SAGE SUPPORT. 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 AGILE SAGE SUPPORT SERVICE.

“AGREEMENT”

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND AGILE SAGE SUPPORT (THE “AGREEMENT”). THE PLAN ORDER WILL FORM THE PART OF THE “AGREEMENT” ONLY IF THE SAME HAS BEEN ACKNOWLEDGED BY AGILE SAGE SUPPORT IN WRITING OR BY AN E-MAIL. YOU MUST AGREE TO THE TERMS AND CONDITIONS IN ORDER TO BE ELIGIBLE TO USE THE AGILE SAGE SUPPORT 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 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.
” Agile Sage Support Certified Technician/(s)”

” Agile Sage Support Certified Technician means” technicians and specialists certified by Aglie Sage Support to perform the Services under this Agreement.

“Subscription Based Plans”

“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Agile Sage Support that are active for a specified period and will not include any incident based plans such as “INSTANT FIX PLAN” or the like.

“Services” AND ” Agile Sage Support Portal”

All references to “Services” refer to any Agile Sage Support service. Under the plan that you enter into with Agile Sage Support through use of the Agile Sage Support Website located at www. AgileSageSupport (the ” Agile Sage Support Portal”) or by calling the Agile Sage Support phone number mentioned on the Agile Sage Support Website. These Terms of Use govern all plans available through the Agile Sage Support website, and any use of the Agile Sage Support 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 Agile Sage Support Portal are the proprietary and copyrighted work of Agile Sage Support and/or its suppliers. The definition of “Materials” does not include the design or layout of the Agile Sage Support web site or any other Agile Sage Support owned, operated, licensed or controlled website.

“Software”

“Software” means a computer program of any kind, whether owned by Agile Sage Support 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 Agile Sage Support 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 Agile Sage Support Portal or by calling Agile Sage Support. Once Agile Sage Support accepts the Plan Order submitted by you, then you will receive an email from Agile Sage Support at the email address that you provide or have provided to Agile Sage Support as part of the Registration Process for the Services. Agile Sage Support is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Agile Sage Support 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, Agile Sage Support will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Agile Sage Support 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 Agile Sage Support’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 001-855-924-9500. 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 Agile Sage Support on behalf of Agile Sage Support IT Support Services Private Limited. Agile Sage Support 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” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years (“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. Similarly, some plans may offer a discount on the Service if you sign up for other Agile Sage Support services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs:

(1) the Term Plan expires;
(2) you drop one of the Agile Sage Support services you were required to purchase to receive the special rate as notified to Agile Sage Support; or
(3) You terminate the agreement/Service Plan before the expiry of the relevant 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 Agile Sage Support 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 Agile Sage Support and/or any other company who bills products or services, or acts as billing agent for Agile Sage Support 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 Agile Sage Support with updated credit card information upon Agile Sage Support’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Agile Sage Support nor any Agile Sage Support 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 Agile Sage Support’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.

REFUND POLICY 

For subscription based plans; a full refund will be issued if Agile Sage Support has not been able to resolve even a single issue for you within the first 15 days of the subscription.

If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Agile Sage Support may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.

For incident based plans, you will be eligible for refund when any of the following criterion are met: