Term of Services
The following terms and conditions apply to extended support services (“Services”) that are available for purchase via our call center. As explained in greater detail at our website, these Services may be purchased on an incident basis or a duration basis. If you elect to purchase any of our Services, these terms shall apply. Lexmark reserves the right to change or modify the specific Service offerings included within the Service, or these Terms of Services, at any time.
Services Duration, Scope and Pricing
Service coverage begins the day Services are purchased and continues until: A) fourteen days from date of purchase for Services purchased on an incident basis, or B) at the end of the applicable coverage period for Services purchased on a duration basis.
The scope of coverage (i.e., the types of technical problems covered by the Services) is described in detail at the website. There you will also find information about the pricing and tiers of available Services.
No Guarantee of Results or Response/Appointment Times
A primary purpose of our Services is to solve technical difficulties that you may be experiencing that are outside the scope of the complementary technical support that accompanies your purchase of a Lexmark product. Please be aware that a purchase of Services is not a guarantee that we can fix your problem. While we will make every reasonable effort to resolve your technical issues, there are many variables that can preclude a complete resolution. For example, we may not be able to resolve technical problems that arise from circumstances or causes beyond our control, like power outages, computer "hacking" attacks, computer viruses, incompatibilities and/or technical failures arising from the use of products we did not provide. Any of these may prevent Lexmark from resolving your product issue(s).
All Services offered are based on a reasonable effort basis and we offer no guarantee of resolution, express or implied. We offer technical support only on the supported products, and even if your product is supported, we may not be able to resolve your issue(s). If a callback is part of the Service you purchase, we will endeavor to call you back at a prearranged time.
Refund of Purchased Services
Requests for refunds must be settled through our premium support team at the call center. Loss of data or hardware or software failures that result from the provision of Services are not grounds for a refund of the Serviced purchase price. No refund will be granted for any purchase of the Services that are made on an incident basis.
A request for a refund for purchases of Services made on a duration basis will be considered only under the following conditions:
a) If the refund is requested within 21 days from the original date of purchase and the Service was never provided. In such case, a refund will be processed, less a 3% charge for handling and processing fees. Under no circumstances will a refund for Services made on a duration basis be granted if the refund request is received later than 21 days after the original purchase date.
b) If the Service is used only one time within 21 days from the original date of purchase, a partial refund request will be granted for the difference between the original purchase price and the cost of the applicable tiered Service solution that was provided. No refunds will be granted if support has been provided two or more times.
c) If Lexmark determines in its sole and absolute discretion that the Service provided by the agent(s) was inappropriate for the issue presented and the support provided could not have contributed to a resolution of the issue or issues, Lexmark will grant a request for refund of the entire purchase price.
d) d) If an incident is considered to be out of scope by us and no other support has been previously provided, Lexmark will grant a request for refund of the entire purchase price.
Limitation of Liability
IN NO EVENT SHALL LEXMARK, ITS SUPPLIERS, AND/OR 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), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY IN CONNECTION WITH THE PERFORMANCE OF SERVICES. THIS LIMITATION OF LIABILITY SPECIFICALLY INCLUDES CLAIMS RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY. THIS LIMITATION OF LIABILITY EXPRESSLY PRECLUDES RECOVERY OF DAMAGES FOR LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF LEXMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF LEXMARK, ITS SUPPLIERS, AND ITS REFERRAL PARTNERS EXCEED THE AMOUNT PAID FOR THE SERVICES AT ISSUE.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In such case, the above limitations or exclusions may not apply to you.
Complaint Resolution Goal
We will endeavor to resolve to any complaint within thirty (30) business days of receipt. We strive for world class customer satisfaction and will take all steps that are reasonable and necessary to provide you with a fair, timely and effective means to resolve problems.
Governing Law and Jurisdiction
By purchasing Services, you agree to be bound by these Terms of Service and further agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Service and/or the rights and obligations of Lexmark in connection with the Services, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to its conflict of laws rules. You also hereby consent to the exclusive jurisdiction and exclusive venue of the federal, state, and local courts located in Fayette County, Kentucky.