ASUS Extended Care Terms and Conditions
Last Update : 2020/12/05
Support Terms & Conditions Revised:
These terms and conditions, ASUS Terms of Use Notice, and ASUS Privacy Policy, together with any other policies or guidelines referenced herein (these “Terms”), constitute the contract between You (“You” or “Your(s)”) and ASUS (“Company” or “We” or “Us” or “Our” or “Support”) regarding Your access to and use of Company’s service — including all technical support and advice provided as part of “ASUS Extended Care” (collectively, the "Service"). These Terms govern Your purchase and use of the Service, whether provided through a telephone agent or via the Internet through the Company website (“Site”). By purchasing and using the Service, You agree to these Terms. Services are non-transferable and may only be used on the product that this Service is purchased for.
1. Changes to these Terms
These Terms may be amended by Us and You will be notified on our Site of any such amendment(s). You can review the most recent version of these Terms at any time on the Site. Your use of the Service after the posted effective date of any revised Terms constitutes Your acceptance of those revised Terms. We will indicate a date at the top of the Terms indicating when the Terms were last updated.
2. Term of Services Offered
Unless the Services are provided without charge as part of our complimentary support, you may purchase the Services for support on an incident basis or a duration basis as specified at the Site. Services on an incident basis are rendered after Support has made every reasonable attempt to assist You with resolving your technical issue. Our Services may not always resolve the reported problem. Coverage begins when the Services are purchased and will expire, at the earlier of, when (i) the Services are rendered or (ii) depending on the Services purchased and as permitted under law, (a) fourteen (14) days from date of purchase for Services for support on an incident basis; or (b) at the end of the duration for Services for support on a duration basis.
The incidents for which the Services are available are specified at the Site. The pricing and different tier levels of Services available are also specified at the Site.
Damage to or loss of any software or data residing on the covered product is not covered. We will not be held responsible for circumstances or causes beyond our control such as natural or manmade disasters and situations such as power outages, computer "hacking" attack or computer viruses, or technical equipment failures, that would prevent Us from resolving Your product issue(s). Company reserves the right to change or modify the specific Service offerings included within the Service at any time. We are not responsible for any hardware or software failures that could result from the Service.
Service Descriptions
Service Name
|
Basis
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Service Description
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Setup; Simple Fix1,2
|
Incident
|
Coverage for 1 device, 1 time only, for issues like:
- System set-up & configuration
- Software installation
- Basic software setup
- Basic/New Hardware setup
- Driver installation
- Web Browser Help or training
|
Complex Fix1,2
|
Incident
|
Coverage for 1 device, 1 time only, for issues like:
- Virus detection and removal
- Security software setup/installation
- Complex software/hardware setup
- Complex driver installation
- Operating System reimaging
- Advance network setup
- Email configuration/customization
- System Optimization
- Data backup and retrieval, etc.
|
Total Care (Annual Support Subscription)1
|
Duration
|
All features of Setup, Simple, and Complex Fix plans for, plus:
- Additional unlimited number of support requests
- Support access for 1-year, starting at enrollment
|
1Time to render services may be prolonged depending on the severity and complexity of issue.
May require multiple calls at agent discretion.
214 day resolution guarantee with no additional charges
Excluded Services
- Any support services other than those explicitly stated in Service Descriptions above
- Support for software or operating systems that are unlicensed or that ASUS identifies as uncommon or not supported
- Repair to physical hardware damage or wear and tear to component or system device
- Installation of physical hardware to system device for maintenance or upgrade
- Software programming (e.g. web development, scripting, or database management)
3. No Guarantee of Results or Response/Appointment Times
All Services offered are based on a reasonable effort basis with no guarantee of resolution implied or provided. We will provide technical support on the supported products, but may not be able to resolve all issues presented. If a callback is applicable to the Service purchased, every effort will be made by us to call back at an arranged time. Although we will make every reasonable effort to keep the Service appointment, there is no guarantee that we will be able to do so due to circumstances that may be out of our control.
- Payment
All payments are due upon receipt of ASUS Extended Care invoice, with exceptions for debit and credit card purchases. You agree to pay the designated amount, as well as all applicable taxes and fees. No discounts or promotions apply without explicit application by ASUS or its third- party service provider (“Third Party”) prior to Your completed transaction.
Cancellation and Refund of Purchased Services
Unless otherwise stated in writing, all fees and charges are non-cancelable once an incident-basis Service begins. However, if a Service is incorrectly priced as a result of typographical or clerical error, ASUS and its Third Parties reserve the right to refuse or cancel orders at the incorrect price and offer a refund as described below.
Any Service provided is not refundable due to data loss or corruption, or any hardware or software failures that could result from this Service. Solution involving obtaining recovery media or parts to resolve the issue are considered valid solutions and will not be eligible for a refund of Services purchased. No refund will be granted for purchases of the Services for support on an incident basis, unless when requested under the following conditions:
- If the purchased Services for support on an incident basis is not used and a refund is requested within 21 days from the original date of purchase of such service, the refund will be processed, less a $10 charge off the original purchase price for handling and processing fees. No refunds will be granted for the purchased Services 21 days after the original date of purchase of such Services.
- If the purchased Service for support on a duration basis is used only one time within 21 days from the original date of purchase, a refund will be granted for the difference between the original purchase price and the cost of the tiered service solution already provided. No refunds will be granted for such service after support is provided two times from the date of purchase of such service.
- If We determine that the Service provided by the agent(s), was not proper for the issue presented, and would not have contributed to a resolution of the issue or issues.
- If an incident is considered to be out of scope by Us.
- If the Services purchased were priced as a result of typographical or clerical error and the order was cancelled as a result.
5. Supported Products
Services are provided on the assumption that Your device meets all hardware and software requirements and specifications. To receive remote services Your device, at minimum, must be able to boot to the Windows desktop and operate within an adequate network environment, with high-speed internet and modem or broadband. To the extent any Service utilizes software applications or tools, You must ensure You have rightfully obtained all legal rights to use such software including, but not limited to, copyrights, through appropriate license(s). In addition, such software should be installed with the latest, most current version compatible with device.
You hereby acknowledge and agree that the Service covers only the software and/or hardware included in the specified purchased product and are not transferable.
6. Fair Use Policy
The use of ASUS Extended Care, whether on incident or duration basis, is subject to ASUS’s fair use policy as discussed herein. Under Our fair use policy, if at any time, in ASUS’s sole discretion, a user is found to be abusing the Service by exceeding the level of reasonably expected use, then ASUS reserves the right to suspend or terminate this Service. In addition, ASUS reserves the right to suspend or terminate any Service that ASUS, in its sole discretion, determines to be used (a) fraudulently, (b) by any person other than the primary designated user, or (c) for any computer system other than the primary registered product.
7. Limitation of Liability
IN NO EVENT SHALL OUR COMPANY, 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), MISREPRESENTATION, 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 PERSONAL COMPUTER 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 SUPPORT 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 SUPPORT, 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.
8. Protection of Stored Data
For Your important data, please make periodic back-up copies of all the data stored on the hard disk or other storage devices as a precaution against possible failures, alteration, or loss of the data. ASUS AND ITS AFFILIATES WILL NOT BE HELD LIABLE FOR ANY OF YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL DATA NOR ANY LOST OR CORRUPTED DATA, PROGRAMS OR SOFTWARE. IF YOUR DATA IS ALTERED OR LOST DUE TO ANY TROUBLE, FAILURE OR MALFUNCTION OF THE PRODUCT AND THE DATA CANNOT BE RECOVERED, WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS TO DATA, SYSTEM, NETWORK, OR ANY OTHER DAMAGE RESULTING THEREFROM. WHEN COPYING OR TRANSFERRING YOUR DATA, PLEASE BE SURE TO CONFIRM WHETHER THE DATA HAS BEEN SUCCESSFULLY COPIED OR TRANSFERRED PRIOR TO PROVISIONING OF SERVICES BY US. WE DISCLAIM ANY LIABILITY FOR THE FAILURE TO COPY OR TRANSFER THE DATA CORRECTLY AND WILL HAVE NO LIABILITY FOR ANY ACTS OR OMISSIONS, INCLUDING NEGLIGENCE, BY ASUS OR A THIRD-PARTY SERVICE PROVIDER.
9. Complaint Resolution Policy
We will respond to any complaint within thirty (30) business days of receipt and will address and resolve any complaint within that timeframe. In the event we cannot reach a satisfactory resolution, we will use third-party dispute resolution services. We believe in customer satisfaction and will take the necessary steps to provide You with a fair, timely and effective means to resolve problems with any transaction within Our established Terms.
10. Non-ASUS Services
Service may be provided, in part or in whole, by a Third Party selected by ASUS. You acknowledge and agree to this Service at Your own discretion and such agreement shall be subject to the conditions and terms between You and such Third Parties, including but not limited to price of Service, order confirmation system, maximum order amount, Service delivery and payment policy. You also acknowledge and agree that ASUS is not responsible for neither the agreement between You and such Third Parties nor any content provided by such Third Parties.
Customer Responsibilities:
- General
- Reserve Your Service for authorized user(s) only. ASUS reserves the right to terminate any membership if such Service is found to have been used by unauthorized user(s).
- Maintain and protect the dedicated toll-free number and Your unique ASUS Extended Care membership ID to prevent fraudulent redemption of member services.
- Prepare regular data backups of Your personal data, software, and applications.
- Make every reasonable attempt to cooperate with ASUS to determine support eligibility and resolve Your technical issue, including without limitation, providing all relevant information.
- Before Contacting ASUS Extended Care
- Back-up all Your personal data, software, and applications and remove any confidential, proprietary information on the hard drive. ASUS and its affiliates will not be responsible for any loss of Your own programs, data or information as indicated above.
- Retrieve the following information from Your ASUS product: operating system version, BIOS version, and notify Support if You have made any recent hardware or software changes.
- Ensure You have the following information readily available: Your ASUS Extended Care membership ID as well as Your ASUS product’s model name and serial number. You will be required to provide proof of subscription before any Service shall be offered or is scheduled to be performed.
- Ensure all services involving any third-party software or hardware will not affect Your warranty agreements with the respective third-party, or If they do, ensure that You accept the effects made to those warranties.
- Ensure an adult representative is present while ASUS Extended Care is providing telephone or remote desktop services.