Terms and Conditions

Refund Policy

Important notice: limited redemption period and refund rights: the right to a refund for “per incident plan” will expire within seven (7) calendar days (“redemption period”) from the date of purchase of the single incident service plan. In the event you can demonstrate that Tulsa systems has not provided the single incident service to your satisfaction, Tulsa systems will refund you the money you paid for the services, (less shipping, handling and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable) provided that your refund request is received by Tulsa systems or our customer service during the redemption period, using the contact details described in section 8 of the terms.

If you have purchased subscription services, you may choose to cancel such subscription services and Tulsa systems will refund you the money paid for the subscription services, (less shipping, handling and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable) provided you have not availed any support service on your pc or other devices and that your refund request is received by Tulsa systems customer service within thirty (30) days from the date of purchase of such subscription service. Note: some states and jurisdictions do not allow for the limitation of refund rights as described in this clause so this clause may not apply to you. Furthermore this clause does not affect any other applicable refund rights. By clicking on the “i accept” or “i agree” button, or by your use of the services, you are deemed to have accepted and consented to be bound by the terms.

Definitions

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“Content”

Software, Materials, Services and other related information are collectively referred to as “Content.”

“You” or “you”

“You” means you individually, any person, including any employer that you are acting on behalf of.

“Tulsa Systems”

All references to TULSA SYSTEMS refer to TULSA SYSTEMS a division of Tulsa Systems Inc. Registered Office at 2035 Sunset Lake RoadSuite B-2, Newark, Delaware, United States 19702.

Tulsa Systems Certified Technician(s)”

“Tulsa Systems Certified Technician means” technicians and specialists certified by Tulsa Systems to perform the Services under this Agreement.

“Per-Incident-Services”

“Per Incident Plans” or “Incident Plans” or “Single Incident Service” are non-tenured service provided by Tulsa Systems with the sole objective of fixing a single and specific technical problem faced by you”.
“Subscription-Based-Services”

“Subscription Based Services” or “Subscription Services” are tenured Subscription plans offered by
Tulsa Systems that are active for a specified period and will not include any incident based plans such as
“Per Incident Plan” or the like

“Services”

Services are Per-Incident-Services or Subscription-Based-Services provided by Tulsa Systems to You.

“Tulsa Systems Websites”

Tulsa Systems Websites includes https://ucodesoft.com, https://ucodesoft.net; or any other Tulsa Systems owned, operated, licensed or controlled website or any other website owned, operated, licensed or controlled by reseller of Tulsa Systems services.

“Services”

All references to “Services” refer to any Tulsa Systems service delivered by Tulsa Systems Certified Technicians, under the plan that you enter into with Tulsa Systems through use of the Tulsa Systems Websites or by calling the Tulsa Systems phone number mentioned on the Tulsa Systems Websites. These Terms of Use govern all plans available through the Tulsa Systems Website.

“Materials”

“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 Tulsa Systems Websites are the proprietary and copyrighted work of Tulsa Systems and/or its suppliers. The definition of “Materials” does not include the design or layout of the Tulsa Systems Websites or any other Tulsa Systems owned, operated, licensed or controlled website.

“Software”

“Software” means a computer program of any kind, whether owned by Tulsa Systems or a third party, whether delivered via download, CD, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Tulsa Systems Software and third party Software. Your 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”).

1. Services

1.1 Service Overview

Introduction

Services may include Per-Incident-Services that are available on a single incident basis, for a fee; or Subscription-Based- Services, which are an entitlement to more than one Service over a period of time. Tulsa Systems shall provide the Services as set forth in the Terms and Conditions. Tulsa Systems service representative, at its discretion, will attempt to provide you the Services over the telephone, through a live chat session on your personal computer, remotely over the internet, or by email or in person. Tulsa Systems continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, Tulsa Systems may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which Tulsa Systems has already agreed to provide to You.

 Remote Access: During the Service session, Tulsa Systems may

• ask you to install certain support software on your personal computer by downloading the support software from the Site and/or
• ask for your permission to use the remote assist tool through the Tulsa Systems service representative to enable Tulsa Systems to remotely access and take control of your personal computer; and/or
• gather system data and modify computer settings in order to diagnose or repair a problem;
• utilize certain third party support software on Your personal computer, which will be removed upon the completion of the service session.

The support software (including any third party support software) and remote assist tool are owned by Tulsa Systems or applicable third party licensors and suppliers and may be collectively referred to as the “Remote Access” in the Terms and Conditions. The Remote Access will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. By electing to receive support, you agree to allow Tulsa Systems to use whatever support software tools are deemed necessary to repair your personal computer, including remote access. You understand that if remote access is used on Your computer there will be no residual software from the remote session; You also understand that you have the ability to disconnect the remote access anytime during the remote access session; You understand that at the end of the remote access session there may be a text or an xml or a flash file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting Tulsa Systems for further assistance in future. If such a file is placed on your computer, you have the option to either save the file or to delete it from your computer. Tulsa Systems may, but has 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 Tulsa Systems to monitor and record the Services 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 or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to You in the future. You also grant Tulsa Systems 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.

 Description of Services:

• Tulsa Systems shall provide the following Services if applicable and subject to the Terms and Conditions. Tulsa Systems service representative diagnoses PC to determine if it is infected by spyware or virus, and removes the spyware or virus found in your personal computer: Tulsa Systems service representative will help customers install and set-up certain software products. Tulsa Systems service representative will help customers improve PC performance. Tulsa Systems service representative will help customers install, set up antivirus software applications, and improve PC Performance. Tulsa Systems service representative will analyze the results of the diagnosis and suggest appropriate service offerings to solve any problems found. Additionally the representative will tune up key operating system settings to improve PC performance. Tulsa Systems service representative will help customers diagnose and address PC, network and connected peripheral and device related issues, other services which may be provided by Tulsa Systems.
• Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is required.

1.2 Commercially Reasonable Effort:

Tulsa Systems will make every commercially reasonable effort to troubleshoot or fix your personal computer problem. If Tulsa Systems is unable to resolve your personal computer problem, you will NOT be liable for charges for time spent by Tulsa Systems service representative in an attempt to correct a problem unless specified otherwise.
In the course of providing the Services, Tulsa Systems may determine that the issue is beyond the scope of the services. Tulsa Systems may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, Tulsa Systems will not transfer You directly to an alternate resource. To the extent permitted by applicable law, Tulsa Systems reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.

1.3 Service Availability:

The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by Tulsa Systems) at the time that you purchase the Subscription Service. If Tulsa Systems determines that your computer is infected by a virus, we may require that you purchase a Service to clean Your computer prior to obtaining Subscription Services.
Tulsa Systems reserves the right to terminate Your Subscription Service, upon notice, if Tulsa Systems determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) unreasonably, (d) by any person other than You, or (e) for any computer system other than a registered system. In the event that Your Subscription Service is terminated by Tulsa Systems, Tulsa Systems will refund to you a prorated portion of any fees that you have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level you purchased. Please refer to the Site for information about those restrictions.

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 Services and the internet is solely at your own risk. By electing to receive the Services, You 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 onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to Tulsa Systems 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 Tulsa Systems. You further represent that you authorize Tulsa Systems to bill the credit card that you provide to Tulsa Systems, for any charges to which you consent.

2.2 Liability Release:

To the extent permitted by applicable law, Tulsa Systems will have no liability for loss of or recovery of data, programs, or loss of use of system(s) or networks arising out of the Services or any act or omission, including negligence, by Tulsa Systems and/or its representatives. If Tulsa Systems works with you on any password or other access control oriented problems, Tulsa Systems strongly recommends that You reset such password(s) immediately following the completion of the Services.

2.3 Transfer:

The Subscription-Based-Services are only transferable once during the subscription period from one computer to another provided it is owned by you. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.

2.4 Data Backup:

Tulsa Systems does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your computer and storage media before ordering the services. You acknowledge and agree that Tulsa Systems 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. Tulsa Systems does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.

3. Service Plans; Refunds; Billing; Payment Renewals

3.1 Per-Incident-Services:

The Per-Incident-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 a customer on your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem. The Services may not be successful because the problem may be beyond our ability to resolve remotely. If You have purchased a Single Incident Service from Tulsa Systems, 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 One Time Service. If you experience a problem with the resolution we provided and You call Us within seven (7) days from the day You originally received the Single Incident 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.

3.2 Subscription Services:

For Subscription Services, the applicable fees will depend on the type of subscription that you purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise.

3.3 Exclusion from Services:

“Services” shall not include the following:

Any item or activity not covered by the terms of a Per-Incident-Service or Subscription-Based Services;
Service beyond the duration limitations identified in your Services plan;
Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

Problems that may and do result from: from:

• External causes such as accident, abuse, misuse, or problems with electrical power;
• Usage that is not in accordance with product instructions provided by manufacturer.
• Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance.
• Problems caused by using accessories, parts, or components not compatible with the product.
• Non Compliance with the Tulsa Systems technician instructions for resolving the query.
• Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components.

3.4 Refund:

Any refund will be limited to the amount paid by you.

3.5 Payment for the Services:

The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. 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. For purchases of the Services made by you from Tulsa Systems through the Site:

(1) You agree that Tulsa Systems may charge to your credit card or other valid payment mechanism requested by you and approved by Tulsa Systems all amounts due and owing for Tulsa Systems for the Services;

(2) Unless otherwise agreed by Tulsa Systems in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from Tulsa Systems;

3.6 Credit Card Billing:

You may be asked to provide Tulsa Systems with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Tulsa Systems to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts.

You authorize Tulsa Systems and/or any other company who bills products or services, or acts as billing agent for Tulsa Systems to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Tulsa Systems with updated credit card information upon Tulsa Systems request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Tulsa Systems nor any Tulsa Systems affiliated company will have any liability whatsoever for any non sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Tulsa Systems option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.

4. Unlawful and Non-Commercial Use Limitation

4.1 Personal and Non-Commercial Use Limitation:

Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You 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.

4.2 Unlawful or Prohibited Use:

As a condition of your use of the Tulsa Systems Websites or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Tulsa Systems server, or the network(s) connected to any Tulsa Systems server, or interferes with any other party’s use and enjoyment of any of the Tulsa Systems Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Tulsa Systems Websites, the Materials, Software or Services, other accounts, computer systems or networks connected to any Tulsa Systems server or to any of the Tulsa Systems Websites, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Tulsa Systems Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

4.3 General Usage Restrictions:

Any other use of the Tulsa Systems Websites Services, Materials or Software, other than as explicitly permitted by Tulsa Systems is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Tulsa Systems and its suppliers. Reverse engineering and DE compilation of the Software is strictly prohibited.

5. Other Important Information

5.1 Disclaimer of Warranty:

To the extent permitted by applicable law, Tulsa systems expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non infringement. To the extent permitted by applicable law, Tulsa systems makes no warranties that: (i) the services and/or site will meet your requirements; (ii) the services and /or site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services and/or site will be accurate or reliable; (iv) the quality of any services, products, services or information purchased or obtained by you through the services and/or site will meet your expectations ; and (v) any errors in the services and/or site will be corrected. Any support software tool, materials and/or data downloaded or others wise obtained by you through the use of the services is at your own discretion and risk. Tulsa systems 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 regard less of whether any remedy set forth herein fails of its essential purpose, in no event will Tulsa systems 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 services even if Tulsa systems has been advised of the possibility of such damages.

5.3 Limitation of Actions:

Any cause of action by you must be commenced within three months after the cause of action arose or it shall be forever waived and barred.

5.4 Indemnity:

You agree to indemnify, defend, and hold Tulsa Systems, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of Tulsa Systems or any other third party. You will cooperate as fully as reasonably required in Tulsa Systems defense of any claim. Tulsa Systems reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tulsa Systems. You agree immediately to notify Tulsa Systems of any unauthorized use of your account or any other breach of security known to you.

5.5 Proprietary Rights:

Tulsa Systems or its licensors or suppliers retains ownership of all proprietary rights in the Services, the Tulsa Systems Websites, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Tulsa Systems copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any with the Services.

6. Third Party Products and Services

6.1 Third Party Products:

As part of the Services, Tulsa Systems may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Tulsa Systems assists you in the acquisition, installation, and/or use of Third Party Software. Tulsa Systems has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you 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 your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support 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.

6.2 Third Party Services:

As part of the Services, Tulsa Systems may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree 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 you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Tulsa Systems may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Tulsa Systems sole discretion, result in the termination of your customer account and use of service.

7. General

The Terms will be governed by the laws of, 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 Tulsa Systems relating to the 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 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 Tulsa Systems for any reason, please write to: (i) Tulsa Systems : 2035 Sunset Lake RoadSuite B-2, Newark, Delaware, United States 19702.