Terms & Conditions

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.

"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 topgrads.net Portal are the proprietary and copyrighted work of topgrads.net and or its suppliers. The definition of "Materials" does not include the design or layout of the topgrads.net Web site or any other topgrads.net owned, operated, licensed or controlled site.

All references to "Services" refer to any topgrads.net service plan that you enter into with topgrads.net through use of the topgrads.net web portal located at WWW. topgrads.net (the "topgrads.net Portal") or by calling the topgrads.net phone number mentioned on the web portal. These Terms and Conditions govern all plans available through the topgrads.net Portal, and any use of the topgrads.net Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order


Subject to the Terms and Conditions, and other terms specific to each Service Plan, topgrads.net will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, topgrads.net will attempt problem diagnosis and a solution through remote assistance, over the telephone, through chat, email or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to topgrads.net´s Limited Warranty, which is set forth below. For more information, please refer to online documentation.

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. topgrads.net has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.


You may order Services by submitting Plan Orders through the topgrads.net Portal or by calling topgrads.net. Once topgrads.net accepts the Plan Order submitted by you, then you will receive an email from topgrads.net at the email address that you provide or have provided to topgrads.net as part of the Registration Process for the Services. topgrads.net is not responsible for rendering Services in connection with any Plan Order that it has not accepted or expired. Upon acceptance by topgrads.net of a Plan Order, you will have a Service Plan.

The topgrads.net Refund Policy is an integral part of these Terms and Conditions. If you have not yet reviewed the topgrads.net Refund Policy, then please do so (Please click here prior to agreeing to these Terms and Conditions. For details about Refund Polict please click HERE.

The topgrads.net Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. If you have not yet reviewed the topgrads.net Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to topgrads.net over the telephone, electronically or otherwise, is not confidential or proprietary to you. For details about Privacy Polict please click HERE.

Unless otherwise specified; the Services, Materials and Training are 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, create derivative works from, transfer, or sell any information, training, products or services obtained from the Services, Materials, or Training. Any Services, Materials, and Training are available only in connection with Services under a valid Service Plan.

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

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though topgrads.net has no limits on the amount of telephone or online training requests a Subscription based plan user may make during the subscription period, however, each Subscriber´s use of the training services for the subscription based plans are subject to topgrads.net´s "fair use" policy. Under this policy, if at any time, in topgrads.net´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 Plan for individual use, and then topgrads.net reserves the right to suspend or terminate Subscriber´s Subscription Services. In addition, topgrads.net reserves the right to suspend or terminate any Subscription Services of any Subscriber that topgrads.net, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to topgrads.net; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

* Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
* Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
* Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another´s computer or property of another.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, andor distributed in such manner.
* Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e mail addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading topgrads.net or others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

topgrads.net has no obligation to monitor the Communication Services. However, topgrads.net reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. topgrads.net reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. topgrads.net reserves the right at all times to disclose any information as topgrads.net 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 topgrads.net´ s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction andor dissemination; you are responsible for adhering to such limitations if you download the materials.


If you are not currently subscribed for a Service under a valid Plan Order, then you are regarded as a "Guest". Usage of the topgrads.net Portal by current topgrads.net customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest". As a Guest you may use the topgrads.net Portal and Materials (defined below) specifically designated as available to guests on the topgrads.net Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by topgrads.net, (b) registering with topgrads.net and submitting Plan Orders only. The foregoing license grant is a non exclusive revocable license.

topgrads.net may provide you with the use of e mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities and or other message or communication facilities designed to enable you to communicate with topgrads.net´s employees and others as appropriate to your 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. LIMITED LICENSES TO USE THE topgrads.net PORTAL, MATERIALS AND TRAINING As permitted through a Service, you may use Materials and Training (as defined below) posted on the topgrads.net Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

Any other use of the topgrads.net Portal, Services, Materials or Software, other than as explicitly permitted by topgrads.net is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to topgrads.net and its suppliers. Reverse tecnicianing and decompilation of the Software is strictly prohibited.

You may not avail the services of topgrads.net if you fail to provide the user id and security id when you are seeking support over the phone.

You may not create hyperlinks to any portion of the topgrads.net Portal, nor any Materials or Software posted therein.

You agree to indemnify, defend, and hold topgrads.net, 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 these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in topgrads.net´s defense of any claim. topgrads.net 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 topgrads.net. You agree immediately to notify topgrads.net of any unauthorized use of your account or any other breach of security known to you.

In connection with obtaining Services, you agree that you will:

* Cooperate with the topgrads.net Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician´s instructions. You must confirm that the following conditions are true:
o 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;
o You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
o The full system, including software and hardware, is available to you and accessible by you without limit during any remote assistance support with topgrads.net support personnel.
* SoftwareData Backup: You understand and agree that topgrads.net shall under no circumstance be responsible for any lost or corrupted software or data. topgrads.net strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
* Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify topgrads.net immediately of any unauthorized use of your account or any other breach of security. topgrads.net will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by topgrads.net or another party due to someone else using your account or password. You may not use anyone else´s account at any time, without the permission of the account holder.

You hereby acknowledge that circumstances outside of topgrads.net´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 topgrads.net´s ability to schedule a support session. You hereby release topgrads.net from any and all liability, and agree that topgrads.net shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. topgrads.net 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.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE topgrads.net PORTAL, OR THROUGH A SERVICE For your convenience, topgrads.net may make available Materials or Software (as each term is defined below) for use andor 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 (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound or image from any topgrads.net Web site may be copied or retransmitted unless expressly permitted by topgrads.net.
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. EXCLUSIONS FROM "SERVICES"

* any item or activity not covered by the terms of a Plan Order;
* service beyond the duration limitations identified in your Plan Order;
* 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:
o External causes such as accident, abuse, misuse, or problems with electrical power;
o Usage that is not in accordance with product instructions provided by manufacture;
o Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
o Problems caused by using accessories, parts, or components not compatible with the product.
o Non Compliance with the topgrads.net technician instructions for resolving the query.

In connection with our Service, we may provide to you, the use of certain software which is owned by topgrads.net 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 you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You 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 topgrads.net or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

With regard to any Software made available to you by topgrads.net through the topgrads.net Portal for which your acceptance of a separate license agreement is not required ("topgrads.net Software"), you are hereby granted a revocable, non exclusive, non transferable license by topgrads.net to use the topgrads.net Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the topgrads.net Software. You agree that the topgrads.net Software is the confidential and proprietary information of topgrads.net or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the topgrads.net Software, or otherwise reduce the topgrads.net 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 topgrads.net Software to any third party. You 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. You are not granted any title or rights of ownership in the topgrads.net Software. You acknowledge that this license is not a sale of intellectual property and that topgrads.net 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 topgrads.net Software and related documentation, as well as any corrections, updates and upgrades. The topgrads.net Software may be used in the United States only, and any export of the topgrads.net Software is strictly prohibited.

As part of the Services, topgrads.net may suggest that you acquire, install and use certain third party training ("Third Party Training"). Third Party Training is licensed to you by the respective owners or licensees of the Third Party Training. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Training, whether topgrads.net assists you in the acquisition, installation, and or use of Third Party Training. topgrads.net has no rights to the Third Party Training and does not license Third Party Training to you or make any representation or warranty regarding the Third Party Training. Your license to the topgrads.net Training shall remain in full force and effect unless and until terminated by topgrads.net, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the topgrads.net Training and immediately delete the topgrads.net Training from your computer. To the extent that we provide technical assistance and support for Third Party Training or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Training or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Training 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 Training or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Training or equipment.

topgrads.net 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 YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW topgrads.net TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE topgrads.net SERVICE PLANS COMES WITH A 7 DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7 DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT topgrads.net ANDOR 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. topgrads.net ANDOR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. topgrads.net ANDOR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS ANDOR CHANGES IN THE MATERIALS ANDOR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL topgrads.net ANDOR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, 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.

Notwithstanding anything to the contrary in no event shall topgrads.net be liable to you in excess of the amounts actually paid by you to topgrads.net under the Plan Order that is the subject of the dispute. .

As part of the Services, topgrads.net 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 topgrads.net may elect to make available from time to time. Violation of such third party provider´s terms of service may, in topgrads.net´s sole discretion, result in the termination of your customer account and use of service.

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

topgrads.net at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of topgrads.net: (a) you 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) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, topgrads.net´s network, or the use and enjoyment of topgrads.net´s other users; (c) topgrads.net receives an order from a court to terminate the Service you are availing ; (d) if topgrads.net for any reason ceases to offer the Service; (e) if you are no longer a topgrads.net customer, or (f) topgrads.net determines that you are abusing the Service. topgrads.net, in its sole discretion, may refuse to accept your request for the Service, renewal or re subscription following a termination or suspension of your use of the Service.

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. topgrads.net´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 topgrads.net Portal is available internationally and may contain references to topgrads.net products, services, and programs that are not available in a viewer´s country. These references do not imply that topgrads.net intends to make such products, services, or programs available in such country.

topgrads.net reserves the right to amend the Terms and Condition, and the topgrads.net Portal at any time by (a) posting a revised version of the Terms and Conditions on the topgrads.net Portal (http://www.topgrads.net/terms.php), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to topgrads.net in connection with registration. You are responsible for regularly reviewing the topgrads.net website to be notified of any amendments to the Terms and Conditions. Your use of the topgrads.net Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.

N.B : "We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly of indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time".