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Support Agreement Form
Company Information
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Terms and Conditions
Please read the Support Service Agreement and a check the box if you agree to the terms.
Agreement Terms:
KASPERSKY STANDARD TECHNICAL SUPPORT SERVICE TERMS WHEREAS, the Customer named in the corresponding order ("Customer") desires to retain the services of Kaspersky Lab, Inc., ("Kaspersky") and Kaspersky desires to perform certain services for the Customer; and NOW THEREFORE, in consideration of the mutual covenants and promises in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and by Customer clicking the appropriate buttons or taking such other actions specified in the related ordering process to confirm or accept these terms (which to the maximum extent permitted under law shall be deemed conclusive approval thereof), the parties agree as follows: 1. Services. During the term of this Agreement, Kaspersky agrees to perform the services described in the corresponding services schedule presented by Kaspersky during the ordering process for the level of services ordered by Customer during the then current Term ("Services"). 2. Term. This Agreement shall commence on the effective start date of the product license purchased in connection with these Services ("Related Product") or the date these terms are accepted by Customer (whichever should later occur) and endure for a period coterminous with the initial term of such Related Product license ("Related Product License"). Should the initial term of the Related Product License be extended or renewed, the Services provided hereunder shall be separately extended by separate agreement of the parties. 3. Compensation. The applicable fees for the Services ordered in connection with this Agreement, as identified in the related ordering materials, shall be paid to the authorized Kaspersky reseller that quoted such services ("Reseller"). Kaspersky's obligations hereunder shall be subject to and conditioned upon Kaspersky's confirmation from such Reseller that the payment terms for such Services have been fully accepted and acknowledged by Customer and Kaspersky receives a valid purchase order from such Reseller in respect of such Services. Customer hereby agrees to pay all fees related to the provision of Services, when due, including all applicable taxes. In the event Services are provided for no additional fees, the conditions set forth in this Section 3 shall not apply. 4. Cooperation. The Customer shall provide such access to its information and property as may be reasonably required in order to permit Kaspersky to perform its obligations hereunder. Kaspersky will not be liable if information or materials provided to Kaspersky by Customer is unavailable, inaccurate, and/or inadequate for the purpose of providing the Services. Kaspersky will use commercially reasonable efforts to work with Customer to correct or clarify any inaccuracies in the Customer's information or materials. 5. Warranties. Kaspersky warrants that the Services will be provided by experienced, qualified personnel on a reasonable efforts basis consistent with reasonable industry standards in a professional and workmanlike manner, and further warrants that Kaspersky has the required skills and experience to perform the Services. EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED TO CUSTOMER "AS IS" AND WITHOUT WARRANTY OF ANY KIND. KASPERSKY DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE RESULTS TO BE OBTAINED THEREFROM, OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WILL HAVE ANY LIABILITY IN TORT, CONTRACT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), OR PUNITIVE DAMAGES, ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO CASE WILL THE LIABILITY OF EITHER PARTY EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR SERVICES PROVIDED UNDER THIS AGREEMENT. 6. Authorization to Access Customer's Device; Monitoring of the Services. If Customer elects to have Kaspersky access and control its computer or device (collectively "Device") for the purposes of providing the Services, Customer hereby acknowledges that by its request, order or use of the Services it is authorizing Kaspersky to do so. In connection with delivering such Services, Kaspersky may download and use software, gather system data, take remote control of Customer's Device and access or modify Customer's Device settings. By accepting these terms, Customer hereby grants Kaspersky the right to connect to its Device, download and use software on its Device to gather system data, repair the Device, take remote control of the Device and change the settings on the Device while performing the Services. Other than as set forth herein, Customer agrees that Kaspersky has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the provision of such Services. Kaspersky 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. All information provided to Kaspersky shall be subject to Kaspersky's privacy policy available at http://usa.kaspersky.com/about-us/privacy-policy. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT, DATABASES OR OTHER MATERIALS OR FILES (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT KASPERSKY OR ITS REFERRAL OR RESELLER 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. KASPERSKY LAB DOES NOT PROVIDE SEPARATE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE TO KEEP A LICENSED COPY OF ALL NECESSARY SOFTWARE. 7. Confidentiality. With respect to Customer Data provided by Customer to Kaspersky hereunder that is identified by Customer as being confidential, Kaspersky agrees to take such security measures to prevent the unauthorized duplication, distribution, disclosure or use of Customer Data equal to that which Kaspersky uses to protect its own proprietary information, and in no event will such measures be less than commercially reasonable. 8. Miscellaneous. No delay or omission by either party in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. In the event that any provision of this Agreement shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings between the parties, whether written or oral, relating to the subject matter of this Agreement. This Agreement may be amended or modified only by a written instrument executed by both the Customer and Kaspersky. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts, without respect to conflict of law principles. This Agreement shall be binding upon, and inure to the benefit of, both parties and their respective successors and assigns.
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I agree to adhere to the Support Service Terms Agreement