CA Premier Services Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS") CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN COMPUTER ASSOCIATES INTERNATIONAL, INC. (HEREINAFTER REFERRED TO AS "CA") AND/OR ITS SUBSIDIARIES YOU FOR USE OF CA PREMIER SERVICES WHICH YOU SELECTED OR INITIATED ON THE CA WEBSITE ("SITE") OR PURCHASED THROUGH A VENDOR (THE "PREMIER SERVICES"). "YOU" OR "YOUR" REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE PREMIER SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE "I ACCEPT" OR "AGREE" BUTTON, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE PREMIER SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN CA IS UNWILLING TO PROVIDE THE PREMIER SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE "CANCEL" OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND NOT USE THE PREMIER SERVICES AND CONTACT YOUR VENDOR OR CA HOME AND HOME OFFICE CUSTOMER CARE, USING THE CONTACT DETAILS IN SECTION 6 OF THE TERMS, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE PREMIER SERVICES (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE THIRTY (30) DAY PERIOD FOLLOWING THE DATE OF PURCHASE. BY CLICKING ON THE "I ACCEPT," OR "I AGREE" BUTTON OR BY YOUR USE OF THE PREMIER SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.
1. PREMIER Services
1.1. Premier Service Overview
(1) Introduction: CA shall provide the Premier Services as set forth in the Terms. A member of the CA support team will attempt to provide to You the Premier Services over the telephone, through a remote assistance session on Your personal computer. CA may, at its discretion, modify the features or descriptions of the Premier Services from time to time.
(2) Remote Assistance Software and Remote Access: During the Premier Services session, CA may (i) ask You to install certain remote assistance software on Your personal computer by downloading the remote assistance software from the Site and/or (ii) ask for Your permission to use the remote assist tool through the member of CA support team to enable CA to remotely access and take control of Your personal computer. Both the remote assistance software and remote assist tool are owned by CA or its third party licensors and suppliers and may be collectively referred to as the "Remote Assistance Software" in the Terms. The Remote Assistance Software will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. You may use the Remote Assistance Software only as part of or for use with the Premier Service and for no other purpose. By electing to receive support, You agree to allow CA to use whatever Software(s) as deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your personal computer, there will be no residual software from the remote session; however, there may be a report created by xml. You also understand that if You elect to install the Remote Assistance Software on Your computer, by downloading the Remote Assistance Software, You agree to use the Remote Assistance Software in accordance with the Support Services Remote Assistance Usage Terms located https://remoteassist.ca.com/supportbridge/jsp/enterprise/consumertechsupportservice.jsp (the "Support Services Remote Assistance Terms"). In such case, You shall cease use of the Remote Assistance Software and remove it from Your personal computer at the end of the Premier Services support session.
(3) Description of Premier Services, Minimum Requirements:
(i) CA shall provide the following Premier Services, subject to the Terms:
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Premium Service
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Description of Service
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Expert Install Service
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Get help from CA expert on installation and configuration of your CA Home and Home Office Product over phone and/or remote assistance.
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Virus and Spyware Removal Service
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CA expert will remotely connect to your PC, detect and remove malwares and secure your PC.
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CA PC Tune-up Service
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Get help from CA experts who can remotely connect to your PC, perform a complete diagnosis and provide recommendation to improve your PCs’ performance.
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(ii) Some personal computers may not be able to receive the Premier Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Premier Services, a high speed internet connection is highly recommended. The minimum system requirements to receive the Premier Services are as follows:
· Windows Internet Explorer 6.0 or higher
· High Speed Internet Connection (Recommended)
· 800 MHz or higher Pentium-compatible processor
· 512 MB RAM
· 332MB available hard disk space
(4) Premier Services, General Terms:
The following terms are applicable for the Premier Services offered:
· Premier services are limited to one personal computer.
· Premier services entitlements will expire after thirty (30) days from the purchase date.
· Your personal computer should boot in normal mode with an active high-speed internet connection.
· Member of CA Support team will address issues related to installation and configuration of CA Home and Home Office products only, via the ‘Expert Install’ service. If malwares are blocking the installation of CA Home and Home Office Products, You may have to additional purchase ‘Virus and Spyware Removal’ service for removing the malwares before proceeding with the installation.
1.2.Commercially Reasonable Effort:
(i) CA will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. If CA is unable to resolve Your personal computer problem, You will still be liable for charges for time spent by CA’s support team member in an attempt to correct a problem.
(ii) In the course of providing the Premier Services, CA may determine that the issue is beyond the scope of the Premier Services. CA may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, CA will not transfer You directly to an alternate resource. CA reserves the right to refuse, suspend or terminate any of the Premier Services in its sole discretion.
2. Your Responsibilities
2.1 Basic Responsibilities: You agree that You are a legal license holder of the software on Your personal computer and Your use of the Premier Services and the internet is solely at Your own risk. To receive the Premier Services, You must confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the Premier Services. All information that You provide to CA must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to CA. You further represent that You authorize CA to bill the credit card that You provide to CA, for any charges to which you consent.
2.2. Liability Release: CA will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Premier Services or any act or omission, including negligence, by CA and/or its support team member(s). If CA works with You on any password or other access control oriented problems, CA strongly recommends that You reset such password(s) immediately following the completion of the Premier Services.
2.3. No Transfer: The Premier Services are not transferable. You may not use the Premier Services in connection with any other service on distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.
3. Charge: Refund
3.1. One Time Service: The PREMIER Services shall be provided for on a one time basis. The term "one time" means that the service will address a single issue or problem for You on Your personal computer and include follow-up consultation upon request within thirty (30) days on the same issue or problem.
3.2. Refunds: Any refund will be limited to the amount paid by You.
4. Privacy; Data Protection
When You request Premier Services, the following information will be collected and sent from Your personal computer to CA via an Internet connection:
· The information provided by You to CA's member of the Support team over the phone or entered by You into CA's online interface when requesting the Premier Services; and
· The type and version of operating system and Internet browser used by Your personal computer.
During Your Premier Services session, if a Remote Assistance Software is installed, the following information may be collected from your computer by the Remote Assistance Software and sent to CA via secured connection:
· System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Remote Assistance Software
· Whether CA Home and Home office products are installed, running and up to date.
· Browser information including security and temporary file settings.
· The security status (good/fair/poor) of the computer as determined by the Remote Assistance Software.
· Installed programs and active processes information; and
· Application log file information and registry data.
The collected information as set out above is necessary for the purpose delivery of the Premier Services including analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of CA's products and services. The information may be transferred to the CA group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but CA has taken steps so that the collected information, if transferred, receives an adequate level of protection.
CA may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, CA may share certain information with research organizations and other security software vendors. CA may also use statistics derived from the information to track and publish reports on security risk trends.
5. Other Important Information
5.1. Disclaimer of Warranty: CA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CA MAKES NO WARRANTIES THAT: (I) THE PREMIER SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE PREMIER SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PREMIER SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PREMIER SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE PREMIER SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE PREMIER SERVICES AND/OR SITE WILL BE CORRECTED. ANY REMOTE ASSISTANCE SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE PREMIER SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE REMOTE ASSISTANCE SOFTWARE IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE REMOTE ASSISTANCE SOFTWARE USAGE AGREEMENT. CA DOES NOT WARRANT THIRD PARTY PRODUCTS.
5.2. Limitation of Liability: SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CA BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF PREMIER SERVICES EVEN IF CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL CA'S LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE PREMIER SERVICES OR FIFTY-NINE DOLLARS AND NINETY-FIVE CENTS (U.S. $59.95) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.
5.3. Proprietary Rights: CA retains ownership of all proprietary rights in the PREMIER Services, the Site, the Remote Assistance Software, and in all trade names, trademarks and service marks associated or displayed with the PREMIER Services. You will not remove, deface or obscure any of CA’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the PREMIER Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Remote Assistance Software with the PREMIER Services.
5.4. Force Majeure: CA shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond CA's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, CA may be excused from such performance to the extent it is delayed or prevented by such cause.
6. General
The Terms will be governed by the laws of the State of New York, United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and CA relating to the Premier Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the PREMIER Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact CA for any reason, please contact the CA Legal Department by telephone at +1 (631) 342-3042 or visit the support page for Your country or region, which can be located at http://shop.ca.com/STContent/ChangeCountry.aspx CA may change or update the Terms at any time by posting modified terms on the Site. You can review the most recent version of the Terms at anytime on the Site and it is Your responsibility to routinely review the Terms.