PRIVACY & TERMS OF SERVICE
Rush Tech Support, LLC (including 1-800-Tech Now, and Rescue Tech Support) strives to keep it’s customers’ and potential clients’ personal information as secure as possible. At no point will any information be sold to a third-party, all data collected will be for in-house use only. The website, www.rushtechsupport.com, utilizes cookies to learn trends for marketing and internal purposes only. All information gathered will only be used to identify who our existing customers are. Our employees will be able to view a customer’s: Name, Phone Number, Email Address, Item(s) Purchased, Price, and previous technician notes about work done on the computer(s). All billing information will be collected one-time through our PCI Security Standards Council compliant processing merchant. We will not have access to anything billing related: Credit Card #, Exp Date, Billing Address. If any changes need to be made to a plan, we will need to re-enter billing information, provided by the customer. This being stated, all calls are recorded and kept on a remote server for the duration of the customer’s plan. These recordings are only to be used in the case of disputed billing by the owner or head of customer service and only with explicit permission by the customer at the time of the phone call. A receipt will be issued and stored at the time of sale as documented proof for charges.
Technicians will only view (My) Documents & Emails if it is deemed necessary by the customer. The technician has permission to install and remove programs that are necessary in order to fix the computer, but will never install anything that compromises security. Programs will be used to remove junk files, scan for infections, remove potentially unwanted programs, alter start up programs & services, update drivers, and fixing Java, Shockwave, Flash, and other plug ins. Having more than one anti-virus installed on the same system will always be detrimental to a computer’s security, and we reserve the right to remove any anti-virus, if it is necessary, to improve the overall security and performance of the machine. A technician will not request password information to be verbally shared unless the customer is not able to type it in manually. LogMeIn Rescue will request the Windows logon password which cannot be seen, it is encrypted into the software so technicians can reboot the computer, without compromising customer security. All remote sessions will be recorded onto an external hard drive, but only used in the case of dispute from a customer by the owner or head of customer service.
You can reach us at 844-881-RUSH (7874) or by emailing firstname.lastname@example.org.
Rush Tech Support, LLC reserves the right to use any information collected from it’s affiliate companies, 1-800 Tech Now & Rescue Tech Support, for tune up reminders, promotional purposes including emails and phone numbers. Information will not be sold to third-party companies and will only be used internally.
Terms & Conditions
By becoming a customer with Rush Tech Support, LLC, or it’s affiliates, 1800 Tech Now, or Rescue Tech Support, you are agreeing to all of the following terms & conditions as described in this document. These terms may be revised from time to time, and the most current version will always be posted on our web site at the following URL:
Definitions & Policies
The “Tech Support Icon” on the desktop that can be used to initiate a remote connection between your computer and our technicians. Usually, this icon will display a green circle with a stylized white “R” and display the text “Rush Tech 844-881-7874”.
Because our repairs are done remotely via the internet, a stable internet connection is necessary for work to be performed. If a session becomes disconnected, our technicians will make every reasonable attempt to contact them via chat box, email, and/or by phone (during the customer’s agreed contact hours). If permission is not granted to reconnect, or if the customer manually disconnects the session (by turning off the internet, turning off the computer, or clicking the X on LogMeIn Rescue), the work order will be considered fulfilled and no further contact attempts will be made for that work order.
Disputes & Chargebacks:
When a cardholder or financial institution disputes a purchase made through Rush Tech Support resulting in a payment reversal, this is considered a chargeback. Chargebacks typically occur when someone identifies unknown charges on their bank account, or finds purchases that were made without their consent. If charges appear on your account that you did not authorize, please contact us immediately in order to resolve the issue and safeguard your account from future unauthorized activity.
By paying Rush Tech Support, LLC via debit or credit card, you have agreed that you will first contact us via phone, email, and/or by calling card BEFORE disputing billing issues with your financial institution.
In order to protect our users from unknown charges, accounts associated with chargebacks are restricted while disputes are reviewed. The quickest way to remove the restrictions is for the purchaser to contact the financial institution associated with the disputed payments in order to close them; doing so will restore access to the disputed services and/or software, as well as removing the restrictions from the account. Depending on the institution associated with the payments, it may take several days to several weeks after closing a dispute for the services and/or software to be restored.
Services are not refundable if they have been performed correctly. If we receive a chargeback notification from a bank or other financial institution, we will provide to that institution full documentation of the work that has been done, including but not limited to:
- Customer surveys
- Email transcripts
- LogMeIn Rescue chat transcripts
- Merchant gateway receipts, including address verification and CVV confirmation
- Phone recordings and/or transcripts
- Purchase receipts
- Recorded video footage
- Screen shots
- Written authorization
- Work Order documentation
Once a financial institution has ruled in our favor, the customer account in question will remain restricted until the customer pays a Reinstatement Fee of $45.00. All such persons who file a chargeback against Rush Tech Support forfeit the ability to use debit or credit cards on all future purchases, and will be required to pay via electronic check. Rush Tech Support reserves the right to deny services on a case by case basis.
While we try to be as accommodating as possible, charging back hurts the reputation of the company and could result in the loss of credit card processing abilities. If you are in any way dissatisfied with the state of your service, please contact us right away and we will make every reasonable attempt to rectify the situation.
Rush Tech Support, LLC reserves the right to end a contract with a customer at any time.
Rush Tech Support, LLC and it’s employees will do everything within human power to make sure that the job gets done to the customer’s satisfaction. Some issues (including, but not limited to, hardware installation or connection with your Internet Service Provider), are outside the scope of our business and will not be grounds for a refund unless it is within 7 days of the Original Purchase Date.
Legacy Subscription Models:
Legacy Monthly Subscription Plans:
By entering into a contract with Rush Tech Support, LLC you have agreed to the following: Monthly contracts will continue to bill and renew automatically until there is a written cancellation request from the customer. Contract will be considered terminated when an employee or representative of Rush Tech Support, LLC has remotely connected to a customer’s computer and removed the calling card. Regardless of usage, a customer cannot receive a refund on past subscription fees. It is your responsibility as a consumer to take advantage of the plan you purchase.
(Example: This means if a customer purchases a subscription for two PC’s and does not utilize service on the second PC after 3 months, they will not be eligible to receive a refund for services on the second PC.)
Monthly subscribers will no longer be billed after a technician has removed the calling card. We do offer the ability pay annually if after 3 months of monthly billing you decide you want to consolidate your billing.
If a card is declined or expires from a monthly payment, the contract will be temporarily suspended until the amount has been paid. If you do not contact us after 6 months and have a $24.99 / month plan, you will need to pay the $24.99 x 6 months = $149.94 before any work is to be done. If the amount due is over $250, then the previous contract will considered null and void, and the customer will be treated as a new customer.
One-Time Fixes with yearly warranties:
As of November 30, 2015, Rush Tech Support will no longer offer yearly warranties with one time repairs, only thirty day warranties. All customers that signed up prior to November 30, 2015 that had a year-long warranty will still keep their plan unless they choose to cancel in writing or email. At that point, the contract will be considered terminated and the customer will be subject to one-time fix pricing with thirty day warranties if work is to be done in the future. Under no circumstances may the customer cancel a warranty and then start one back if we have received a hard copy or email stating a cancellation request. Upon cancellation request, we will send an email informing the customer of this section of our terms and agreement to ensure that there isn’t any confusion and request a response making sure that the customer understands the consequences of canceling the contract.
Network issues relates to anything in regards to internet connection including but not limited to:
- Modem / Router configuration & troubleshooting.
- Wi-Fi set up.
- Ethernet connectivity.
- Hardware installation.
Rush Tech Support, LLC will not be held responsible for any charges that the customer pays for new equipment.
Original Purchase Date:
The date upon which the initial transaction for remote tech support was purchased. This initial transaction is subject to a 7 day money back guarantee. Software and hardware purchased from Rush Tech Support prior to an initial purchase for remote tech support do not fall under the 7 day money back guarantee period. Existing customers that are renewing a subscription for another period are not eligible. (See Refunds below for more details).
Refunds are processed by the Billing Department during their normal hours of operation: Monday through Friday, 11am – 7pm Eastern Time (closed on Federal holidays). All transactions are subject to the following Refund Policies:
- ONE-TIME REPAIRS
- Same-day cancellation of a new purchase: New orders may be cancelled at the customer’s written request upon the same calendar date of purchase, prior to the close of the Billing Department (7pm under normal circumstances). If no work has yet been initiated upon the customer’s computer, the charge will be rendered void. If work has already commenced upon the customer’s computer, we reserve the right to deduct a charge for work performed prior to the written notice of cancellation, at a rate of $20.00 per hour.
- Late cancellation of a prior purchase: Prior orders may be cancelled at the customer’s written request, subject to the following additional terms. If work has already commenced upon the customer’s computer, we reserve the right to deduct a charge for work performed prior to the written notice of cancellation, at a rate of $20.00 per hour, plus a 20% Merchant Services fee.
- COMPUTER / MOBILE SUPPORT PLANS
- Same-day cancellation of a new purchase: New orders may be cancelled at the customer’s written request upon the same calendar date of purchase, prior to the close of the Billing Department (7pm under normal circumstances). If no work has yet been initiated upon the customer’s computer, the charge will be rendered void. If work has already commenced upon the customer’s computer, we reserve the right to charge the customer for work performed prior to the written notice of cancellation, at a rate of $20.00 per hour.
- Late cancellation of a prior purchase: Prior orders may be cancelled at the customer’s written request. Refunds will be prorated based upon the time remaining under the Support contract, minus a 20% Merchant Services fee and a 20% Early Termination penalty.
- After activation of a software license through activation code or license key: Software licenses are tied to the customer’s email address and are not eligible for a refund.
- Unused Software that has NOT yet been activated: May be returned within 7 calendar days, minus a 25% Restocking Fee.
- INCOMPLETE REPAIRS
- All customers have the right to a full refund within 7 days of initial services rendered if work has not been completed. We will simply do a system restore to the state the computer was in before we worked on it and refund 100% of the purchase price after we have had a technician connect remotely and revert the computer to its condition prior to the attempted repair.
Customers displaying buyer’s remorse, or customers that are being pressured by a third party to cancel services, are not considered valid grounds for a refund. We take great pride in our work and no refunds will be issued if the work has been completed and the computer is running well. All calls are recorded and if a customer claims the computer is running fine, work will be considered fulfilled and no refund will be issued.
If the customer is not satisfied with the state of a repair, a second repair attempt will be made at no additional cost. The customer will need to give our technicians access to the computer to have the remaining issues resolved within 7 days of sale. Should our technicians fail to resolve the issue within 7 days of the original purchase date, a full refund will be issued. To qualify for the full refund, the customer must give our technicians an adequate opportunity for a second repair attempt within that seven day period. Refunds are only issued if the customer has given us seven days to fix the issue at hand and we are not able to do so.
Remote Technical support:
Remote Technical Support consists of any services that can be performed when a customer uses the calling card to connect with a technician, or when a connection is initiated by a technician with a one-time-use 6-digit PIN.
- This includes any software related issues as well as operating system issues. Does NOT include: hardware installation, network configuration, or any situations in which a technician would need to be physically present to perform.
- We WILL do our best to accommodate customers with Startup / Boot issues, but these are NOT covered under the contract.
- Remote Technical Support assumes that a customer has a computer that can get to the desktop, function, and maintain a stable internet connection. If a customer does not comply with these requirements, it is not Rush Tech Support, LLC’s obligation to refund a customer.
Shipping & Handling
In the event that shipping a package (such as a disc, USB drive, or promotional materials) becomes necessary, all packages will be delivered via USPS Priority Mail, which usually arrives within 1-3 business days. Please note that Rush Tech Support has no authority over the USPS and can make no guarantees of delivery date. Customers who are receiving a package will be provided with a tracking number to monitor the status of their delivery. Customers who require overnight shipping or prefer another delivery vendor may be accommodated on a case-by-case basis at their own cost.
Software Partners & Affiliates:
We do not have control over the developers of the software we use and claim zero responsibility for any issues that may arise because of them. Our service is installing software, not the actual software itself.
All information gathered from end of session surveys will be used internally for quality purposes and if there is a dispute over performance, surveys can and will be used as documentation as to whether or not the work has been completed.
Web Design consists of creating new layouts, designs, pictures, and web pages. Anything visual other than text will be considered design and charged accordingly. Customer will have to provide hosting, registration, and a FTP log in for Rush Tech Support, LLC.
Web Maintenance consists of modifying existing web pages’ content. Includes updating specials, events, meeting times, and databases. Does not include anything listed in Web Design. Does not cover charges for hosting or domain registration. A username and password for a FTP connection will have to be provided from the customer.
Periodically, Rush Tech Support will run promotions or participate in local events with giveaways which will result in an email address and/or phone number exchange.
Rush Tech Support may use this information to send relevant marketing messages in the form of giveaways, free service, etc. These will be done via email and phone calls. If the person does not want to receive future contact from us, there is an unsubscribe button at the bottom of each email and we will honor requests to be put on the Do Not Call list if we are verbally asked to, receive a letter in the mail to 7570 S FEDERAL HWY STE 9 HYPOLUXO, FL 33462, or an email to email@example.com with the subject “Do Not Call <Phone Number>”.
After any trial period, Rush Tech Support may reach out to the person who received the free service or product in attempts to promote other products or services that the customer may benefit from. No product will be mentioned unless it specifically will be beneficial to that customer’s unique situation. We will use reputable third party scans that we have no control over the outcome to ensure fair recommendations based on needs. The customer is under no obligation to pay for any services that are given away and have no obligation to conduct future business with us.
All software and service terms will be one year, 365 days, unless special arrangements are made. Consumers may cancel service within a 7 day window for a full refund if service has not been fulfilled.
Affiliate Terms of Service
LiveDrive Terms & Cloud Backup:
Activation, Your Files and Privacy
- The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.
- We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
- We may choose to review public content for compliance with our community guidelines, but you acknowledge that Livedrive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
- The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Livedrive has no responsibility for that activity.
Software and Updates
- You are responsible for safeguarding the password that you use on your Livedrive account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify Livedrive of any unauthorised use of your Account.
Your General Responsibilities
- Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. Livedrive reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not Livedrive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
- You, and not Livedrive, are responsible for maintaining and protecting all of your files. Livedrive will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
- If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
- THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Livedrive will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVEDRIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LIVEDRIVE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR AN AMOUNT GREATER THAN £20 OR THE AMOUNTS PAID BY YOU TO LIVEDRIVE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
- You can stop using our Services any time by contacting us in writing at least 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.
- We reserve the right to suspend or terminate the Services at any time, without cause, with or without notice to you. At our sole discretion, we may refund the unused portion of fees for each Fixed Contract Period paid for the Services on a pro-rata basis.
- use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
- use the Services in such a manner that has the effect of disrupting others’ use of the Services;
- act in conflict with a court order, or our providing the Services to you is in breach of a court order;
- represent a danger to the best interests of other customers or third-parties;
- exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
- fail to disclose the number of devices on which you are running Livedrive Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise.
- use the Services in a manner that results in excessive bandwidth usage, as determined by us;
- directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
- use the Services to store, backup or distribute material protected by intellectual property rights of a third-party unless you own or have appropriate rights to such material;
- engage in activity that damages or is likely to damage our tangible or intangible assets; or
- otherwise act in breach of the terms of our Acceptable Use Policy
- If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to resolve such issues and re-instate the Services, and failing such resolution, we may be able to help you retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.
Free Trial Period
- Where Services are offered on a free trial basis, payment will be taken for the first Fixed Contract Period when the free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).
- The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
- If you wish to cancel your contract during the free trial, known as your “cooling off” right, you may do so by informing us in writing before the end of the free trial period.
- If you do not cancel your contract prior to the end of the free trial period the fees for the first Fixed Contract Period will become due.
Money Back Guarantee
- Some Services are advertised as including a “money back guarantee”. To receive a refund of the payment made under the “money back guarantee” you must inform us in writing before the end of the advertised “money back guarantee” period. This period is the period in which you may exercise your right to cooling-off. Failure to inform us of your wish to terminate the agreement for the provision of the Services during this “money back guarantee period” will be regarded as your informed decision not to exercise your cooling-off right. If you do not claim a refund of fees during this period then no refund will be due.
- The “money back guarantee” is not available in combination with a free trial. If you not invoke your right to cool off during or at the end of the free trial period, then you will be charged for the Services and “no money back guarantee” will be available.
- All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), errors and omissions excepted, and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.
- The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services. The current Pricing Structure will always be posted on our website. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
- All fees for our Services are due in advance and your contract will automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. If you choose to pay by credit or debit card then you authorise Livedrive to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, Livedrive reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT LIVEDRIVE IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with Livedrive, you must do so in writing at least one week before the expiry of the Fixed Contract Period.
- Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
Additional Terms applicable to use of Livedrive Backup
- Some Services, including Livedrive Backup and Livedrive Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.
- An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, Livedrive reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
- With the exception of our business service, Services that include Livedrive Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.
- You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Livedrive will remove backups for computers that have not connected to the service for 30 days.
- If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, Livedrive (or our service providers’) computer systems;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or Services other than your own without appropriate authorisation;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.
Additional Terms applicable to Resellers
The following terms apply to use of the Livedrive Reseller package available on our website. These terms (the “Reseller Terms”) may not apply to you if you have agreed specific terms with Livedrive:
- You agree to act as a positive ambassador for the Livedrive brand at all times.
- You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Livedrive at any time. Livedrive will not offer support or service to your customers.
- Where you advertise a service that include Livedrive Services you must at all times deliver the service that has been described to a standard acceptable to Livedrive
- You are not permitted to use any Livedrive property including logos, icons, designs and text without our written authorisation.
- You may not distribute any aspect of the Livedrive service free of charge. If you bundle the Services with another service, this service must not be distributed free of charge.
- Livedrive has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
- Livedrive reserves its rights to amend the fees due to it from Reseller. Where Livedrive has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. Livedrive will provide all Resellers with at least one month’s notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
- If you fail to pay fees due to Livedrive or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support to your customers) then Livedrive reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
- You may not bid on Livedrive brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as “Livedrive”, “live-drive”, “livedrive.com” or any other variation or misspelling of “Livedrive” including bidding on “Livedrive” with other keywords.
- You may not claim to be Livedrive or to represent Livedrive on your website or in any form of media or social media. You must make it clear if you are going to mention Livedrive that you are a reseller of Livedrive and are not part of the Livedrive organisation. You may also not use the name Livedrive in your domain for any website you own or control or use the name Livedrive or any variation as your name in any social media that you use.
In accordance with the Digital Millennium Copyright Act of 1998, Livedrive will respond expeditiously to claims of copyright infringement committed using the Livedrive service and/or the Livedrive website (the “Site”) if such claims are reported to Livedrive in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Livedrive Internet Ltd.
The Battleship Building
179 Harrow Road
London, W2 6NB