Here under mentioned terms and conditions state important requirements regarding customer’s use of MegicbyteSolutions website. “www.theholeegg.com/” is an associate of MegicbyteSolutions, MegicbyteSolutions services and customers relationship with “MegicbyteSolutions”.
Customers should read the terms and conditions carefully as they contain important instructions and information – as our rights to change its conditions, how long it lasts, fees for early termination, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court etc.
If customer accepts these terms and conditions, it will apply to all their service plans from “MegicbyteSolutions” including all their existing plans. Customers acceptance of these terms & conditions will be implied by the use of the MegicbyteSolutions service.
“Content” refers to software, materials, services and other related information collectively.
"Customer(s)” "customer(s)” “They” “they” ”You" or "you"
Refers to the existing, past or prospective user individually, any person, robot including any employer that he/she/it acting on behalf of.
SECURE CREDIT CARD PAYMENT
When purchasing online using your credit card, all of your information is entered into a ssl secure web page. Your information is then ssl-encrypted and sent directly to our credit card provider's network, where your card and transaction is authorized and approved. Your credit card information is not stored on our servers.
“MegicbyteSolutions” is used by as its brand and MegicbyteSolutions, its portal www.theholeegg.com and all the experts working for MegicbyteSolutions
All references to MegicbyteSolutions refered to and its owner, directors, officers, employee, experts, affiliates, portals, websites and www.theholeegg.com
"SUBSCRIPTION BASED PLANS"
"Subscription Based Plans" or "Subscription(s)" are tenured subscription plans offered by MegicbyteSolutions that are active for a specified period and will not include any incident based plans such as "per incident plan" or the like.
"Materials" means any web casts, download areas, white papers, press releases, datasheets, faqs, product information, quick reference guides, or other works of any kind that are made available to download from the MegicbyteSolutions portal are the proprietary and copyrighted work of MegicbyteSolutions its suppliers. The definition of "materials" does not include the design or layout of the MegicbyteSolutions web site, www.theholeegg.com or any other MegicbyteSolutions owned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by MegicbyteSolutions or a third party, whether delivered via download, cd, other media, or other delivery method, including client network security software. Elements of the software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both MegicbyteSolutions software and third party software. Customer’s use of software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the software, ordering documents, exhibits, and other terms and conditions that apply ("license terms").
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
Customer may order services by submitting plan orders through the MegicbyteSolutions portal or by calling MegicbyteSolutions. Once MegicbyteSolutions accepts the plan order submitted by customer, then they will receive an email from MegicbyteSolutions at the email address that customer provide or have provided to MegicbyteSolutions as part of the registration process for the services. MegicbyteSolutions is not responsible for rendering services in connection with any plan order that it has not accepted. Upon acceptance by MegicbyteSolutions of a plan order, customer will have a service plan.
Subject to the terms and conditions, and other terms specific to each service plan, MegicbyteSolutions will address customer query using commercially reasonable efforts in providing appropriate solutions under the services. In most cases, MegicbyteSolutions will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including online access. Customer understand that if online access is used on customer computer there will be no residual software from the online session; however, there may be a text file placed on customer computer that will explain the work that was done on customer computer. If such a text file is placed on customer computer, customer has the option to either save the file for future reference or to delete it from customer computer. All undertakings under service plans are subject to MegicbyteSolutions’s limited warranty, which is set forth below. For more information, please refer to online documentation or call us at our toll free number. Customer are agree to pay all services fee and any other applicable fee/charges as set out in the relevant plan order in accordance with the payment terms provided below.
Services against any plan order will be available once customer has made payment for services according to the requirements of the corresponding plan order. All payments against the plan orders will be collected by MegicbyteSolutions on behalf of MegicbyteSolutions.Com. MegicbyteSolutions has no obligation to render services under any service plan if the payments as required under any plan order have not been made.
Customer understand that certain service plans may have fee including, but not limited to "service fee" "activation fee" payable either on an annual basis ("annual payment plan") or on a monthly basis ("recurring payment plan"). Subject to the applicable term plan, all payments under the annual plan shall be made upfront at time of commencement of the subscription cycle. For payments under the recurring payment plan, apart from the monthly instalments of the service fee, payable over a one (1) year payment term, customer shall be charged an additional non-refundable activation fee at the time of registration, as specified in the plan order. The fee (including activation fee) will not be refunded in case of cancellation of the service plan unless otherwise stated in the plan order. All fee under this clause or a relevant plan order, is payable at the time of commencement of the service plan.
When customer purchased the service, customer agreed to a specific price and plan, where such plan maybe for a term of one or two years ("term plan"). All terms of service fee any other fee payable under any mode of payment for a subscription shall be set forth in the applicable plan order. Similarly, some plans may offer a discount on the service if customer sign up for other MegicbyteSolutions services ("bundle discount"). Customers are agreeing to maintain customer service and the bundled services for the applicable term. If customer signed up for a term plan or a bundle discount, the price available with those plans is valid until one of the following occurs: (1) the term plan expires; (2) customer drop one of the MegicbyteSolutions services customer were required to purchase to receive the special rate as notified to MegicbyteSolutions; or (3) customer terminate the agreement/service plan before the expiry of the relevant term.
CREDIT CARD, DEBIT CARD, INTERNET BANKING and IVR Billing.
Customer may be asked to provide us with a credit card, debit card and internet banking details from a card issuer that we accept in order to activate customer service. The customer hereby authorizes MegicbyteSolutions to charge place a hold on customer credit card, debit card and internet banking details with respect to any unpaid charges for services or any related equipment. Customer authorize the issuer of the credit card, debit card, internet banking to pay any amounts described herein without requiring a signed receipt, and customer agree that these charges are to be accepted as authorization to the issuer of the credit card, debit card, internet banking to pay any amounts described herein without requiring a signed receipt, and customer agree that these charges are to be accepted as authorization to the issuer of the credit card, debit card and internet banking details to pay all such amounts. Customer authorize MegicbyteSolutions any other company who bills products or services, or acts as billing agent for MegicbyteSolutions to continue to attempt to charge place holds with respect to all sums described herein, or any portion thereof, to customer credit card, debit card and internet banking until such amounts are paid in full. Customer agree to provide MegicbyteSolutions with updated credit card, debit card, internet banking information upon MegicbyteSolutions’s request and any time the information customer previously provided is no longer valid. Customer acknowledge and agree that neither MegicbyteSolutions nor any MegicbyteSolutions affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by customer as a result of such attempts to charge, place holds on, customer credit card, debit card and internet banking. If customer mistakenly provide any card number, instead of a credit card, debit card, internet banking number, customer authorize all charges described herein to be applied to such card unless and until customer provide a credit card, debit card, internet banking number. In the event customer are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, customer agree that all sums described herein may be charged, at MegicbyteSolutions’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card, debit card, internet banking, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
Customer agrees and acknowledges that a subscription under the recurring payment plan will automatically renew for a month, unless notified otherwise by customer ("auto renewal"). However, a subscription under the annual payment plan does not automatically renew and expires at the end of the applicable term plan.
Customer credit card, debit card, internet banking will be charged with the amount of the then prevailing subscription charges as per the payment option that customer selected at the time of registering with MegicbyteSolutions.
If customer would like to opt out of the auto renewal, please call us at our toll free number and speak with one of our customer service representative at least 15 days prior to customer subscription end date to discontinue customer service.
For subscription based plans; a full refund will be issued if MegicbyteSolutions has not been able to resolve even a single issue for you within the first 10 days of the subscription.
If there are one or more resolved issues, the fees for the subscription service will not be refundable. Notwithstanding this MegicbyteSolutions may, at its sole discretion and on a case by case basis, agree to a refund of subscription fees after deducting charges for servicing the customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met: Issue was not resolved till the time account was active and you have all the prerequisites which were required to resolve the problem. The issue is out of scope for the particular plan. 10 days have not passed after the issue was last worked upon by a MegicbyteSolutions expert. For more details about refund policy please go to our refund policy page on our website http://www.theholeegg.com/refund-policy.html
COLLECTION OF INFORMATION
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfil your specific request. The registered members of our website are automatically added to our site announcement mailing list. You as a subscriber of the mailing list have the option to opt out of these mailing list by clicking on the unsubscribe link in any of the newsletter sent to you. The unsubscribe process is automatic and immediate. This site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines
The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the services, materials and software are solely for customer personal and non-commercial use in addressing matters covered by customer service plan. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the services, materials, or software. Any services, materials, and software are available only in connection with services under a valid service plan.
NO UNLAWFUL OR PROHIBITED USE
Though MegicbyteSolutions has no limits on the amount of online Assistance requests a subscription based plan user may make during the subscription period, however, each subscriber's use of the Assistance services for the subscription based plans are subject to MegicbyteSolutions’s "fair use" policy. Under this policy, if at any time, in MegicbyteSolutions’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a subscription based plan for individual use, and then MegicbyteSolutions reserves the right to suspend or terminate subscriber's subscription services. In addition, MegicbyteSolutions reserves the right to suspend or terminate any subscription services of any subscriber that MegicbyteSolutions, in its sole discretion, determines are being used
MegicbyteSolutions may provide customer with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets other message or communication facilities designed to enable customer to communicate with MegicbyteSolutions employees and others as appropriate to customer service under a plan order (each a "communication service" and collectively "communication services"). Communications services shall only be used under an accepted plan order, and not for any other purpose.
USE OF COMMUNICATION SERVICES
Customer 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, customer agrees that when using the communication services, customer will not:
MegicbyteSolutions has no obligation to monitor the communication services. However, MegicbyteSolutions reserves the right to review materials posted to the communication services and to remove any materials in its sole discretion. MegicbyteSolutions reserves the right to terminate customer access to any or all of the communication services at any time, without notice, for any reason whatsoever.
MegicbyteSolutions reserves the right at all times to disclose any information as MegicbyteSolutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MegicbyteSolutions ' s sole discretion. Any materials uploaded to the communication services may be subject to posted limitations on usage, reproduction dissemination; customers are responsible for adhering to such limitations if customer downloads the materials.
Customer may not create hyperlinks to any portion of the MegicbyteSolutions portal, nor any materials or software posted therein.
GUESTS; LIMITED LICENSE TO USE OF MegicbyteSolutions PORTAL
If customer are not currently subscribed for a service, then customer are regarded as a "guest". Usage of the MegicbyteSolutions portal by current MegicbyteSolutions customers outside of the scope of a service specified under an applicable plan order is also treated as a "guest".
As a guest customer may use the MegicbyteSolutions portal and materials specifically designated as available to guests on the
MegicbyteSolutions portal for the limited purposes of
(a) deciding whether to subscribe to the services provided by MegicbyteSolutions,
(b) registering with MegicbyteSolutions and submitting plan orders only. The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE MegicbyteSolutions PORTAL, MATERIALS AND SOFTWARE
As permitted through a service, customer may use materials and software posted on the MegicbyteSolutions portal, or made available in connection with a plan order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the MegicbyteSolutions portal, services, materials or software, other than as explicitly permitted by MegicbyteSolutions is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to MegicbyteSolutions and its suppliers. Reverse engineering and de-compilation of the software is strictly prohibited.
In connection with obtaining services, customer agrees that customer will:
(a) The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
(b) Customer must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
(c) The full system, including software and hardware, is available to customer and accessible by customer without limit during any telephone discussions with MegicbyteSolutions personnel.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES
Customer hereby acknowledge that circumstances outside of MegicbyteSolutions’s reasonable control (e.g., acts of god, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in MegicbyteSolutions’s ability to schedule a Assistance session. Customer hereby release MegicbyteSolutions from any and all liability, and agree that MegicbyteSolutions shall not be liable to customer or any third party for any direct or indirect damages whatsoever, resulting from such delays.
MegicbyteSolutions or its suppliers may, at any time, without notice or liability, restrict the use of the service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
Problems that may and do result from:(a) External causes such as accident, abuse, misuse, or problems with electrical power;
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE MegicbyteSolutions, OR THROUGH A SERVICE
For customer convenience, MegicbyteSolutions may make available materials or software (as each term is defined above) for use download, whether as a part of a service, or in promotion of the services. Use of any materials and any software is governed by the more stringent of
The materials and software are made available for download solely for use by customer according to(a) the eula, and
No logo, graphic, sound or image from any MegicbyteSolutions web site may be copied or retransmitted unless expressly permitted by MegicbyteSolutions.
Without limiting the foregoing, copying or reproduction of the materials or software to any other server or location for further reproduction, redistribution or any other purpose is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the eula accompanying such material or software.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our service, we may provide to customer, the use of certain software which is owned by MegicbyteSolutions or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the software from time to time and customer agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the software. Customer may use the software only as part of, or for use with, the service in accordance with the service plan and for no other purpose.
The software may be accompanied by a eula from MegicbyteSolutions or a third party. Customer use of the software is governed by the terms of that license agreement and by this agreement, where applicable. Customer may not install or use any software that is accompanied by or includes a eula unless customer first agrees to the terms and conditions of the eula.
EULA FOR MegicbyteSolutions SOFTWARE
With regard to any software made available to customer by MegicbyteSolutions through the MegicbyteSolutions portal for which customer acceptance of a separate license agreement is not required ("MegicbyteSolutions software"), customer are hereby granted a revocable, non-exclusive, non-transferable license by MegicbyteSolutions to use the MegicbyteSolutions software (and any corrections, updates and upgrades). In accordance with and as required under the service plan customer shall not make any copies of the MegicbyteSolutions software. Customer agree that the MegicbyteSolutions software is the confidential and proprietary information of MegicbyteSolutions or its third party licensors, providers or suppliers, and which customer shall not disclose to others or use except as expressly permitted herein. Customer may not de-compile, reverse, disassemble, attempt to discover any source code or underlying ideas or algorithms of the MegicbyteSolutions software, or otherwise reduce the MegicbyteSolutions software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the software, or otherwise transfer the MegicbyteSolutions software to any third party. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the software. Customers are not granted any title or rights of ownership in the MegicbyteSolutions software. Customer acknowledge that this license is not a sale of intellectual property and that MegicbyteSolutions or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the MegicbyteSolutions software and related documentation, as well as any corrections, updates and upgrades. The MegicbyteSolutions software may be used only in the country of residence at the time of acceptance of these terms for use of the MegicbyteSolutions software. Export of the MegicbyteSolutions software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the services, MegicbyteSolutions may suggest that customer acquire, install and use certain third party software or services ("third party software"). Third party software is licensed to customer by the respective owners or licensees of the third party software. Customer must agree to the terms and conditions set forth by such owners or licensees before installing third party software, whether MegicbyteSolutions assists customer in the acquisition, installation, use of third party software. MegicbyteSolutions has no responsibility or rights to the third party software and does not license third party software to customer or make any representation or warranty regarding the third party software.
Customer license to the MegicbyteSolutions software shall remain in full force and effect unless and until terminated by MegicbyteSolutions, its third party licensors, providers or suppliers, or until customer service plan is terminated as provided by customer plan order and these terms and conditions. Upon termination of customer service plan for any reason, customer must cease all use of the service plan and the MegicbyteSolutions software and immediately delete the MegicbyteSolutions software from customer computer.
To the extent that we provide computer assistance and Assistance for third party software or equipment, customer must ensure that customer comply with the terms and conditions under which customer licensed such third party software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for third party software or for any equipment; it is customer sole responsibility to determine if customer require additional rights for us to provide such Assistance and if so, to acquire such rights. Customer acknowledges that Assistance of third party software or equipment by an unauthorized service provider may void any warranty made by the supplier of such third party software or equipment.
THIRD PARTY AGREEMENTS
As part of the services, MegicbyteSolutions may suggest certain third party services to customer. If customer choose to subscribe to or otherwise use any third party services, customer use of any such services is subject to the terms of service of such third party service provider. Customer agrees to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to customer and customer use of them. Third party services include, but are not limited to computer Assistance, portal, training, music, gaming and storage services that MegicbyteSolutions may elect to make available from time to time. Violation of such third party provider's terms of service may, in MegicbyteSolutions’s sole discretion, result in the termination of customer account and use of service.
LIMITED SERVICE WARRANTY
MegicbyteSolutions disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of mertchantability or fitness for a particular purpose, or otherwise. In the event that customer are not satisfied with the services, customer sole remedy is to (a) allow MegicbyteSolutions to reperform the services subject to dispute, (b) re-download and reinstall the software.
MegicbyteSolutions its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided "as is" without warranty of any kind whatsoever. MegicbyteSolutions its respective suppliers hereby disclaim all warranties of any kind whether express or implied with regard to this information, inluding all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
The materials could inlude computer inaccuracies or typographical errors. Changes are periodically added to the information herein. MegicbyteSolutions its respective suppliers may make improvements changes in the materials the software described herein at any time.
In no event shall MegicbyteSolutions its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data revenue or profits, whether in an action of contract, negligence or other tortious action, inurred by customer or any third party, whether arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall MegicbyteSolutions be liable to customer in excess of the amounts actually paid by customer to MegicbyteSolutions under the plan order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by customer must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
MegicbyteSolutions at its sole election may terminate or suspend customer service immediately without notice if, in the sole discretion of MegicbyteSolutions:
(a) customer are in breach of any of the terms and conditions (including but not limited to all policies regarding abuse and acceptable use of the service) or any license for third party software;
(b) customer use of the service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service, MegicbyteSolutions’s network, or the use and enjoyment of MegicbyteSolutions’s other users;
(c) MegicbyteSolutions receives an order from a court to terminate the service customer are availing ;
(d) if MegicbyteSolutions for any reason ceases to offer the service;
(e) if customer are no longer a MegicbyteSolutions customer, or
(f) MegicbyteSolutions determines that customer are abusing the service. MegicbyteSolutions, in its sole discretion, may refuse to accept customer request for the service, renewal or re-subscription following a termination or suspension of customer use of the service. Severability; waiver
If any provision of the terms of service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the terms of service shall remain in full force and effect. MegicbyteSolutions’s failure to enforce any provision of the terms of service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The MegicbyteSolutions portal is available internationally and may contain references to MegicbyteSolutions products, services, and programs that are not available in a viewer's country. These references do not imply that MegicbyteSolutions ends to make such products, services, or programs available in such country.
MegicbyteSolutions reserves the right to amend the terms and condition, and the MegicbyteSolutions portal at any time by (a) posting a revised version of the terms and conditions on the MegicbyteSolutions portal (http://www.theholeegg.com), or by (b) sending information regarding any amendment to the terms of service to the email address customer provide to MegicbyteSolutions in connection with registration. Customers are responsible for regularly reviewing the MegicbyteSolutions website to be notified of any amendments to the terms and conditions.
LAW AND JURISDICTION
Australian/American, United Kingdome/Canadaian/NewZealand law governs these terms and conditions and customer agree to submit to the exclusive jurisdiction of the Australian/American, United Kingdome/Canadaian/NewZealand courts.