Szebastian.Com Terms of Service, Use & Safety [TSOUS]
[UPDATED March 08, 2012 – Amendments are date stamped in their respective sections]
The Services and Products that Szebastian.com provides you are subject to Terms of Service, Use and Safety (“TOSUS”). Szebastian.com reserves the right to update the TOSUS at any time without notice to you. Our official website www.szebastian.com will always have the more up to date version and can be accessed by clicking on ‘Terms and Conditions’ link situated at the bottom of our website or typing www.szebastian.com/terms in a web browser.
Szebastian.com, via its network of Web Properties, gives you access to a versatile variety of resources, including but not limited to Product and Service Information, Electronic Content, Downloadable Software, Strategic Documentation, Service Details, Customer Service Tools, Updates, Enhancements, Latest Features (Collectively knowns as “Services”). These services including any updates, additions, changes and/or new Web Properties, are subject to the TOSUS.
By purchasing our Services and continuing use of our Web Properties you are agreeing to the TOSUS. It is your responsibility to read these terms before purchasing Products & Services made available by Szebastian.com. You understand that you agree with the TOSUS from the moment you use our Services and Web Properties and, along with services of our service providing partners. Irrespective of FREE or Subscribed Plans, you may be asked for access to your resources where we need to manage services on your behalf and on your web properties. These terms are neither optional nor negotiable. Please note, our team members will require access from any of our business locations including Australia, India, Canada, USA, Philippines and UK as well as any other future locations we may have. You will need to permit access from any of our business locations.
1.1 – CONTRACTS, LICENSING & RENEWAL(S)
Any Contracts, Licenses (Collectively known as “License/Licenses”) are valid for duration listed on the Service from the date of purchase. You will need to maintain a record of your payments, contracts, unique identifiers and any license key to get services, consultation, updates and support for purchased Services. After License expiry, they can be renewed at a 15% discount from the purchase price of the Service License at the time of Renewal. No two discounts can be combined against one purchase. You may not claim continuation at old pricing if the pricing model has changed at the time of your renewal. Please note, our team members will require access from any of our business locations including Australia, India, Canada, USA, Philippines and UK as well as any other future locations we may have. You will need to permit access from any of our business locations.
1.2 – SOFTWARE/GRAPHICS/WEBSITE/ OTHER UPDATES
Updates are included for the duration of an active License. If you have a valid and active License, updates will be delivered automatically as per License details. Please note, while core functionalities are usually the same, updated Services will have some difference in existing features (hence an improvement) and new features. This means as technology and strategy changes and we bring better, smarter, stronger options to you, you may need to retrain yourself with updated versions and Services. From time to time obsolete, or underutilized features will be removed or modified. It is important you understand before buying/upgrading a License that you cannot cancel until the end of the term. Unplanned Cancellation will attract full payment of the remaining term of the License and 15% Penalty. Once a License has expired, revoked or cancelled you are not entitled to any further services and we are not responsible for further management of your brand and/or its properties. We always try to accommodate in case of exceptional and extenuating circumstances, however, it is solely at Szebastian.com discretion to provide further support and/or re-enter a License or deny. Please note, our team members will require access from any of our business locations including Australia, India, Canada, USA, Philippines and UK as well as any other future locations we may have. You will need to permit access from any of our business locations.
2.1 – SUPPORT SERVICES
Support for the purchased Services is provided for duration of the active License term from the purchase date. If you wish to continue receiving Support after License Expiry, you must renew your License before the last day of License Validity. You can open Support Ticket by login to your account and visiting CEL-RQ from your account Dashboard. Your tickets will be replied as per our ETA process and timeline. Please note, our team members will require access from any of our business locations including Australia, India, Canada, USA, Philippines and UK as well as any other future locations we may have. You will need to permit access from any of our business locations.
3.1 – TROUBLESHOOTING, ACCESS & REFUNDS
If you have problems getting our Services to work, we will be happy to provide a full refund within 10 days of the original purchase. After 10 days, no refunds will be given. Before a refund will be granted, you must allow us to try and help solve any problem you have by opening a Support Ticket by login to your account. This includes and but is not limited to providing us Admin Access to Web Properties, Social Media Properties, and ensuring availability of a representative of any required consultations, along with any other services/access agreed at the time of original Services License. You are also required to give us time to resolve as per our ETAs. At times we may request extended time of up to 28 working days depending on the nature of the concern. You will not qualify for a refund should you refuse to cooperate with our assistance and troubleshooting process and requirements or not honor genuine ETA requests, restricting our ability to provide best possible support and troubleshooting. This also includes your cooperation in following the advisory and steps given by our experts which can help in resolution. In cases where a refund has been approved, we will initiate the refund and inform the valuable client(s) and the refund amount will reflect in their mode of payment within 14-21 working days. Please note Saturday, Sunday and Company Holidays are not considered as financial working days. We reserve the right to refuse a refund or issue a partial or full refund depending on the amount of services provided and only if the valuable client has fulfilled all the requirements given in terms page. Please note, there is no refund for value-added services. “Access” Collectively includes access to Web Properties, Social Media Properties, Deputed Personnel representing your project/team and any other properties or personnel who have been agreed to be part of access at the time of purchasing a License. Please note, our team members will require access from any of our business locations including Australia, India, Canada, USA, Philippines and UK as well as any other future locations we may have. You will need to permit access from any of our business locations.
3.2 – ORDER DETAILS
If your order details are not reflecting on our system, we will require you to answer up to 5 verification questions to ascertain you are really a Premium Support client.
3.3 – FAIR USAGE POLICY
We welcome you to create tickets as may be necessary and use discounts as made available to you. However, if it is deemed by Management Board that either you are creating tickets or communicating with our staff only to harass them into giving you undue priority over all other equally valuable clients, we reserve the right to take necessary action for the welfare of our team members. Similarly, should you demand/use multiple discounts in violation of our One User, One Order, One Email, One Discount we will reserve the right to take appropriate action to protect our business interests as per the laws. We also reserve the right to deny further services and cancel existing License under these circumstances.
4.1 – PROFESSIONAL CONDUCT
Our support staff always value and understand that sometimes not being able to receive support as fast as you would like, or technical hurdles can cause frustration. We are pretty thick skinned and don’t take things personally. However, we value our team members as much as we value you. Hence, we request and anticipate a certain degree of professionalism in your communications with our team members. In case of a conduct which can be considered unfair or undue harassment or unprofessional, we may revoke your license and decline services. In such a case, no refunds will be applicable irrespective of the duration and dates of purchase. We will ALWAYS respect you, and we anticipate that you will remain reasonable too.
NOTE: Refunds will not be granted if you simply decide not to use the purchased Services. We stand behind our Services and will assist you in solving any problem you have, but we also expect you to adequately understand what you are purchasing and why.
5.1 – COMPLIANCE INFORMATION & TERMS
Some Teams are not Available on Saturday, Sunday & Company Holidays.
All Teams are authorized to merge multiple tickets from one individual into one, if necessary.
Tickets will be handled on first come first serve basis.
Clients are valuable to us, and so are our team members. We respect both. Our teams work with diligence & dedication & we stand by them. Valuable Clients exhibiting abusive or harassing demeanor will be denied services and license will be cancelled with no refunds.
For Compliance, Regulatory, Media & Legal matters we will require Full Legal Name, Contact details, designation & country of registration/license of the represented Business/Government Entity for Compliance Records Adherence.
6.1 – DATA & INFORMATION SECURITY
We are proud to maintain very secure Operating Environment, Strict Data & Information Security Compliance to our Company Policy and Legal Responsibilities. Our valuable clients trust us because of our stringent data security adherence. We do not access or store any data or information that is not directly required for troubleshooting or setup purpose, or has not been agreed to in the License. We do not store, sell or distribute your personal information at any point in time.
Any storage of your technical code, software, logins, website database, social media content or backup is strictly for providing services, identifying the cause of technical concern & troubleshooting and is removed as soon as we finish conducting tests and troubleshooting. We maintain backup of your agreed data only till the time of active License. If a License is Expired, Cancelled and/or Revoked you are required to take backup and control of your information within 14 working days. After this period we will not and do not maintain a record of your project(s).
Our Value-Added Services & Growth partners works in full compliance of our terms, and are authorized to contact you for providing these services. They are also authorized to charge you for Value-Added Services. You are welcome to request a list of our Growth Partners at any time and one will be furnished to you within 7 working days of your written request submitted via CEL-RQ.
Szebastian.com and its Growth Partnersdo not indulge in any behavior analysis or data storage at any time. Szebastian.com also do not indulge in any identification of gender, origin, religion, orientation, political leaning/behavior, race, region, or any similar private traits of our valuable clients. We do not sell any information of our valuable clients to any third party ever.
7.1 MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Szebastian.com immediately of any unauthorized use of your account or any other breach of security. Szebastian.com 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 Szebastian.com 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.
8.1 – IMPORTANT TERMS FOR TROUBLESHOOTING
We do not provide Live Remote Support via any medium in compliance of financial regulations.
We may require Admin Level Access on case to case basis to help us thoroughly investigate, identify and rectify reported technical concerns. It is part of TOSUS that you allow us this Access for assisting you efficiently.
Without this Access, when needed, you will not qualify for a refund if this restricts our ability to provide best possible support & troubleshooting.
We will require your Order Number to provide Premium Add-On Support and reserve the right to refuse support if this information cannot be verified.
We reserve the right to refuse services, cancel license and deny refund in case of abusive behavior, harassment or bullying towards our team members. We strongly believe in mutual respect.
8.1 – VALIDITY
All Sales, unless otherwise specified expire at the final date and time or total number of vouchers open for sale, whichever is first. You can retrieve your voucher during the sale period and can use it anytime within the sale period. Sale Vouchers are not valid post the sale date. Non-Sale Discount or Gift Vouchers have their defined date of expiry and terms which will be advised to you at the time of issuance.
9.1 – PRODUCT/SERVICES/FEATURE TRAINING/CONSULTING/COACHING VIA WEBINAR
Training/Consulting/Coaching Session is delivered via 1-on-1 Webinar or Group Webinars depending on License purchased. You will need Flash Enabled/Compatible Browser for Webinar Session.
You can request a Webinar Recording for an additional fee of US $79.00. You must request the recording at the time of booking by mentioning it in the booking note. We maintain a record 1-on-1 webinars up to 7 Working Days, after which if a Purchase Request has not been submitted we reserve the right to delete or keep the Webinar for training and marketing purpose. All payments must be made in advance for booking to be confirmed.
You may use only one Discount Voucher with one order/ booking/ subscription unless otherwise agreed to, in a written contract. Booking is subject to availability and cancellations are subject to TOSUS.
10.1 – BOOKING & CANCELLATION
You are welcome to make as many bookings for various Value-Added Services, however you must book via our official Booking Page here. Cancellations must be at least 24 working hours prior to the booking date or as described at the time of service booking. In case of cancellations with shorter notice the fee charged will be forfeited.
11.1 – NON-REFUNDABLE SERVICES
Some of our Services are Non-Refundable and are not covered by our core-refund policy. You will be required to provide all relevant Access for our experts to be able to deliver Services. You will also need to make sure that any technical resource conflict highlighted by our experts must be addressed and removed that may be causing a hurdle in delivery of our service. Should you refuse to cooperate and deny take action on the technical/human resource conflict, Szebastian.com or its Growth Partners will not be responsible for delay and/or non-delivery of the service.
12.1 – NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Szebsatian resources, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks of Szebstian.com or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
12.1.1 – Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “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:
12.1.1 – Use of Services
13.1 LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SZEBASTIAN.COM’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SZEBASTIAN.COM AND SZEBASTIAN.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SZEBASTIAN.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SZEBASTIAN.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SZEBASTIAN.COM OF THE SITE.
14.1 UNSOLICITED IDEA SUBMISSION POLICY
SZEBASTIAN.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SZEBASTIAN.COM’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SZEBASTIAN.COM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SZEBASTIAN.COM OR ANYONE AT SZEBASTIAN.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SZEBASTIAN.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Terms of Alpha Offer