TERMS & CONDITIONS

LAST UPDATED AS OF: September 10th, 2020

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

These terms (the “Terms”) govern your use of the Web site at www.Siqestech.com (“Site” or “Website”) and any technology support services provided either by telephone, computer or cellular device (via App) including those applicable, to SIQES® (the Site and the support services are collectively referred to as the “Services”) provided by Siqestech.com, Inc., its subsidiaries, affiliates and contractors (“Siqestech.com”, “We”, “Our”, or “Us”). By accessing, ordering or using the Services via telephone, online via the Site, or through an App, you (“You” or “Your” means you or, for services designed for businesses, the legal entity that you are authorized to represent and on whose behalf the Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms and Our Privacy Policy available at siqestech.com/privacy-policy. If, at Your request, We agree to send Our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by Us in order to provide You with technology support services, then these Terms shall govern such provision of services as well. If You do not agree to these Terms, you may not access or use the Services or permit others to do so on Your behalf.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

SCOPE OF SERVICES

You may initiate the Services via telephone, via the Site, or other means made available by Siqestech.com. Siqestech.com will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. Siqestech.com may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology We support. Certain Services may have minimum system requirements.

Siqestech.com Services may include Services that are available on a one-time basis, for a fee (“Individual Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services” or “Subscription”). Individual Services and Subscriptions are included in the general definition of Services under these Terms.

TERMS OF USE

We provide You with access to and use of the Services subject to Your compliance with the Terms. Siqestech.com reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that

(a) You are at least 18 years old;

(b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms;

(c) You have read and agree to the terms of the Privacy Policy on the Site,

(d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services,

(e) any information You submit to Siqestech.com is correct and complete, and

(f) any payment or credit card information You supply is correct.

AUTHORIZATION TO ACCESS YOUR COMPUTER; MONITORING OF THE SERVICES AND PHONE CALLS

You acknowledge that by Your use of the Services You are authorizing Siqestech.com to access and control Your computer or device (collectively “Device”) for the purposes of diagnosis, service and repair.

In connection with delivering the Services, Siqestech.com may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these Terms, you hereby grant Siqestech.com the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of Your Device and change the settings on Your Device while performing the Services. Other than as set forth in the warranty section below, you agree that Siqestech.com has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Siqestech.com to monitor and record the Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services We may provide to You in the future. You also grant Siqestech.com permission to combine Your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. Please see Our Privacy Policy for further details.

LIMITATION OF LIABILITY

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and We are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.

PROMOTIONAL OFFERS

We sometimes offer certain customers various trial or other promotional offers, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial and promotional offers may, at any time (through your Account Settings), choose not to continue to paid membership by cancelling prior to the end of the trial or promotional period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke your access to the Services and any benefits you may have received as part of the offer.

FEES AND RENEWAL

Fees for Subscriptions and other Services will be stated at the time of your purchase or sign-up, as applicable, and provided on our Site. The fees for our Services, including Subscriptions, may change at any time. For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription Fees may be subject to tax, collected by Us or a third party through which You transact, and are non-refundable except in the specific circumstances described in these Terms. We only accept credit cards for payment of Your Service fees. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

If your Subscription or Service involves a recurring payment of a fee (including a renewal), unless you notify us before a charge that you want to cancel or do not want to automatically renew your Service or Subscription, you understand it will automatically continue and You authorize Us, or a third party through which You transact (without notice to You, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card We have on record for You. You must contact Siqestech.com if You do not wish to renew Your Subscription and/or Service; if You do not contact Siqestech.com, the Subscription and/or Service that You selected will automatically renew for the same subscription duration that You initially selected, at Siqestech.com’s then-applicable fees.

If all credit cards We have on file for You are declined for payment of Your Subscription and/or Service fees, we may cancel Subscription and/or Service, as applicable, unless You provide Us with a new credit card. If You provide Us with a new credit card and are successfully charged before Your Service or Subscription is cancelled, your new Service or Subscription period will be based on the original renewal date and not the date of the successful charge.

SERVICE AND SUBSCRIPTION CANCELLATION

You may cancel your Subscriptions and/or Services by visiting your account details page provided on Siqestech.com (your “Account “) and adjusting your settings and Subscription and/or Service preferences, or by contacting our Customer Service team. Unless You have participated in a trial or promotional offer for a Subscription and/or Service that specifically provides other terms for cancellation or refund, you may cancel any Subscription and/or Service within thirty (30) days following the date of Your purchase of that Subscription and/or Service, by contacting Siqestech.com. Otherwise, the fees for Your Subscription and/or Services are not refundable.

SIQESTECH.COM REFUND POLICY

Services and/or Subscriptions that are purchased are eligible for a full refund within the first thirty (30) days of the date of purchase (date of purchase can be found on Your purchase confirmation e-mail). We apply refunds to the tender it was purchased with. We handle refunds on a case-by-case basis with the ultimate objective of making our customers happy. We stand behind our Services and want our customers to be satisfied with them. We’ll work with You to make sure You’re taken care of, but from time to time We may not be able to accommodate a refund.

Your order confirmation e-mail or order number helps Us locate Your purchase the fastest. If You don’t have an order confirmation e-mail or order number, we should be able to find the purchase in other ways, but We may ask You for more information so We can better assist with Your request.

STUDENT AND EDUCATOR DISCOUNTS

All students with a valid student ID, educators with valid proof of employment and parents purchasing on behalf of a student are entitled to receive a 50% discount on their purchase of the TechSolutions Annual Plan (“Discount”).

The Discount is only valid for students with a valid ID, educators who are able to show proof of their employment as an educator and parents purchasing on behalf of a student. Siqestech.com reserves the right to verify Your status as a student, educator or parent. The Discount cannot be exchanged for cash and is non-transferable. The Discount cannot be used in conjunction with any other offer or promotion and cannot be used to purchase gift cards. Returned purchases will be refunded at the discounted price paid.

Siqestech.com reserves the right to refuse any student ID, educator or parent proof of identity that it deems to be invalid or fraudulent.

Siqestech.com reserve the right to: (i) cancel this offer at any time; (ii)refuse to allow any individual to participate in this offer; (iii) amend these terms and conditions at any time.

CHANGES TO THE SERVICES

We may, in our discretion, modify, terminate, change, suspend or discontinue the Terms and all elements of them and any aspect of the Service, including any aspects of the Individual Services, Subscriptions, or any trials or promotional offers, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel the Services.

TERMINATION BY US

Our business may change over time and we reserve the right to cancel the Services, including any Subscription or Individual Service, in whole or in part, and to terminate use of the Service at our discretion without notice. If we do so, we may refund the fees paid for the applicable Services for the time period, if any, after termination of the Services, unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Other than providing a refund when we terminate the Services for our convenience, we will not be liable to You or any third-party for termination of the Services for any reason. You acknowledge and agree that upon termination, we may immediately deactivate or delete Your User account and/or bar any further access to the Services. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.

DATA BACKUP

You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your device and storage media before ordering the services. You acknowledge and agree that siqestech.com or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services.

Siqestech.com does not provide separate backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.

 LIMITED WARRANTY

The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased an Individual Service from Siqestech.com, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, we will not charge You a fee for the Individual Service. If You experience a problem with the resolution We provided and You call Us within thirty (30) days from the day You originally received the Individual Service, we will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that You paid for the Individual Service.

As set forth below, there are no other warranties for the Services.

Siqestech.com makes no warranties or representations with respect to advice, guidance, information or other content posted to the community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to community content and other third-party content available on the Site.

DISCLAIMER OF OTHER WARRANTIES

You understand and agree that except as expressly set forth above, the services (including, without limitation, all advice, content, and software) are provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranties concerning the availability, accuracy, completeness, usefulness of the services, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Siqestech.com does not warrant that the services will be timely, secure, uninterrupted, error free, or successful in resolving your question or technology problem. Siqestech.com makes no warranty that the services will meet your expectations or requirements. No advice, results, content or materials whether oral or written, obtained by you from the services shall create any warranty. Any content or software that you access, download or use with the services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities.

Some jurisdictions may not allow the exclusion of certain warranties so the above limitations may not apply to you.

In no event shall siqestech.com, its suppliers, and referral partners or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort (including negligence), mis presentation, strict liability or any other legal or equitable theory, arising from directly or indirectly related to the use of, or the inability to use, the services, software, content or your device and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if siqestech.com has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you.

In no event shall the total liability of siqestech.com, its suppliers, and referral partners to you in the aggregate for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the services, software or content exceed the greater of the amount paid for the services at issue.

 DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION

A.    DEFINITIONS

As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between You and Us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

B.    INFORMAL EFFORTS TO RESOLVE DISPUTE

If a dispute arises between You and Siqestech.com, You should first attempt to resolve it by contacting Our Customer Service Centre at 361 222 8777 or by sending the details of Your complaint, including Your contact information for a response, to the address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

C.    AGREEMENT TO ARBITRATE; RIGHT TO OPT OUT

If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) You may assert Claims in a small claims court in the United States if Your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this agreement as a court would. Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted. If you do not wish to be bound by this arbitration provision, you must notify siqestech.com in writing within 30 days from the date that you first accept or have access to this agreement by mailing or faxing an opt-out request to our customer service centre listed below. Your written notification must include your name, address, the email address you used to register with siqestech.com, and a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with us or the delivery of services to you by us. If you have previously notified us of your decision to opt out of arbitration, you do not need to do so again.

D.   ARBITRATION FEES

The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that Your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse You the amount of all filing, administration and arbitrator fees You are required to pay for the arbitration.

E.    ARBITRATION RULES

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if You are a resident of the United States; if Your use of the Services has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If You are a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution in New York, NY, under its rules for international arbitration, and You and We agree to submit to the personal jurisdiction of the U.S. federal court in New York, NY, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If You and We can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications.

F.     INITIATING ARBITRATION

To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.

G.    TIME RESTRICTION

            You must file a complaint with the AAA or A permitted court within one (1) year of the date of the occurrence of the event or facts giving rise to a claim, or you waive the right to pursue any claim based upon such event, facts or dispute.