HP ALL-IN PLAN FOR PRINT- TERMS OF SERVICES 

Last Updated: February 28, 2024 

These HP All-In Plan for print Terms of Services ("Agreement") are a binding contract between HP Inc., located at 1501 Page Mill Road, Palo Alto, CA 94304 ("HP" or "We" or "Us" or “Our”) and the customer ("You" or "Your" or "User" or “customer”) of the Services.

 

THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER THAT REQUIRES THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER.  BY ENROLLING IN THE HP ALL-IN PLAN FOR PRINT AND ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO A CLASS ACTION.

 

PLEASE READ THIS AGREEMENT CAREFULLY. YOU MUST AFFIRMATIVELY ACCEPT THIS AGREEMENT TO SUBSCRIBE TO AND USE THE HP ALL-IN PLAN FOR PRINT. WHEN YOU GIVE YOUR ACCEPTANCE, AS DESCRIBED IN SECTION 3 HEREOF, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND TO ALL THE TERMS IN THIS AGREEMENT INCLUDING THE PAYMENT TERMS, CANCELLATION AND EARLY CANCELLATION FEE, RETURN OF PRINTER, REQUIREMENT OF INTERNET CONNECTIVITY FOR YOUR PRINTER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR OTHERWISE USE THE HP ALL-IN PLAN FOR PRINT. USING OR OTHERWISE ACCESSING ANY PART OF THE HP ALL-IN PLAN FOR PRINT INDICATES THAT YOU ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

 

WE ENCOURAGE YOU TO SAVE OR PRINT A COPY OF THIS AGREEMENT FOR REFERENCE. THE HP ALL-IN PLAN FOR PRINT IS AVAILABLE ONLY IN THE UNITED STATES. HP RESERVES THE RIGHT TO MAKE HP ALL-IN PLAN FOR PRINT AVAILABLE IN OTHER JURISDICTIONS.

 

WE MAY MODIFY PRICING AND THE TERMS HEREIN FROM TIME TO TIME BY PROVIDING ADVANCE NOTICE TO YOU PURSUANT TO SECTION 4 BELOW. PLEASE REVIEW THE PRICING TERMS AND OUR RIGHTS TO MODIFY OR CANCEL. YOUR CONTINUED USE OF THE HP ALL-IN PLAN FOR PRINT AFTER NOTICE OF MODIFICATION HAS BEEN GIVEN IS DEEMED YOUR ACCEPTANCE OF THE MODIFICATION.

 

In addition, certain features and functionality made available to You through the HP All-In Plan for print  may be subject to (1) our Supplemental Terms (if applicable) that We make available to You from time to time for Your information and/or applicable consent, and (2) a third party’s Supplemental Terms , which may be provided to You at the time those Third-Party Services are offered, or at the time of enrollment, or when You register for the HP All-In Plan for print. By Using such portions of the HP All-In Plan for print, You agree to be bound by our Supplemental Terms and/or additional Supplemental Terms of a third-party(if any) applicable to such portions of the Services. In the event that any of the Supplemental Terms governing such portion of the Services conflict with the terms in this Agreement, the applicable Supplemental Terms will govern Your use of and access to such portions of the HP All-In Plan for print.
INDEX
  1. DEFINITIONS
  2. DATA COLLECTION
  3. AGREEMENT TO CONTRACT ELECTRONICALLY
  4. MODIFICATIONS TO THIS AGREEMENT, SERVICES AND SERVICES FEE
  5. YOUR RESPONSIBILITIES
  6. SERVICE REQUIREMENTS
  7. CHOOSING A SERVICE PLAN
  8. RECEIVING AND USING THE PRINTER
  9. WARRANTY PROVIDED THROUGH THE SERVICE
  10. ADDITIONAL TERMS
  11. THIRD-PARTY SERVICES
  12. PAYING FOR YOUR SERVICE
  13. MANAGING YOUR SERVICE
  14. CANCELLATION AND EARLY CANCELLATION FEE
  15. NO OWNERSHIP
  16. FEEDBACK AND USE OF DATA
  17. GENERAL TERMS AND CONDITIONS

1. DEFINITIONS.

 

As used in this Agreement, the following capitalized terms have the following meanings:

 

“Add-Ons” means certain additional services, capacity, enhancements, features, Third-Party Services or other elements that may be made available to You from time to time through the Site (as defined in Section 12 (v) (e) below) or other channels.

 

“Dashboard” means the HP All-In Plan for print Site user interface to manage, configure, and administer Your HP All-In Plan for print.

 

“Printer” or “Device” means printers offered under standalone HP All-In Plan for print that allows You to print by paying a subscription fee on a monthly basis and may include Repair or Replacement Services.

 

“Enrollment Start Date” means the date on which You enroll for the HP All-In Plan for print.

 

“Fee” means, collectively, the monthly fee You pay for HP All-In Plan for print, and, as applicable, any Additional Page Sets purchased during the Billing Cycle (as defined in Section 12 below).

 

“HP All-In Plan for print” or “Services” means the printing services offered with the subscription that includes the use of Printer, ink, and Support Services offered under this Agreement that allows You to print by paying a subscription fee on a monthly basis.

 

“Next Business Day” or “NBD” means the applicable next business day repair and replacement services for Printers offered during the Subscription Term. Additional details for NBD print is available here (“NBD terms”).  For clarification, any references to ‘personal computers’ or ‘PCs’ and other non-print products in NBD terms do not apply to this Agreement and the Services offered herein. Further, in the event any of the NBD terms conflict with the terms of this Agreement, the NBD terms will control Your use of and access to such portion of the Services.

 

“Repair and Replacement Services” means Next Business Day or any other related services that may be included with Your Printer.

 

“Service Account” or “My Account” means Your user account that must be used or created at the time of enrollment using Your HPID (defined below) for Services and maintained throughout any provision of Services to You.

 

“HPID” means Your existing or new unique user identification that helps You to enroll and access Your My Account or Service Account. 

 

“Support Services” has the meaning as described in this Agreement hereto including but is not limited to, payment processing, Next Business Day, Dashboard services, and customer support.

 

“Subscription Term” means the period for which You have access to Services beginning on the Enrollment Start Date.

 

“Supplemental Terms” means additional policies or agreements related to the provision of the Services which HP may present to You through Your Dashboard, HP product datasheets, acknowledgement e-mails, the Site, or otherwise. Supplemental Terms are incorporated into and form a part of this Agreement.

 

“Third-Party Services” means any applicable services, materials or information, in any form or medium, including any software, documents, data, content, specifications, products, devices, equipment or components that may be used in conjunction with, or of or relating to the Services (as updated from time to time), or use thereof that are not owned or proprietary to HP.  

2. DATA COLLECTION.

 

i. Personal data

The collection and use of personal data shall be governed by the HP Privacy Statement located at www.hp.com/go/privacy.  HP collects Your: name, company name (optional), subscription ID, existing or new HPID, shipping address, city, state, zip code, province, email, Device model, Device serial number, Enrollment Start Date, date of Device shipment, date of delivery of Device and date of the Device Services cancellation, any applicable metrics from remote monitoring, telemetry data, analytics, and information from Cookies. All data is collected to provide the Services.

 

ii. Remote Monitoring

HP must be able to remotely monitor (1) the Printer status including (a) online or offline status; (b) page count and cartridges status, and (2) Your usage of the Service, in order to ensure that You are receiving the requested Service, to prevent unauthorized use of Your account and to improve Your experience with HP products and services. Remote monitoring may include provision to HP of one or more of: page counts, types of documents printed (e.g., Word, PowerPoint, pdf, jpeg, etc.), types of devices that initiated print jobs, Printer serial number, cartridge information (e.g. HP original cartridge status, and whether the cartridge was new or used at the time of its last insertion into the Printer), ink level, responsiveness of Printers, installation times, peripheral devices and other types of metrics related to your Services as may be added by HP from time to time.

 

iii. Personalization

With your consent, HP collects analytic data for personalized offers and promotions. Personalization includes remembering Your preferences and usage on the Printers to include location, and other settings. HP will work to optimize Your performance for Your use of the Services. Predictive options may or may not include decisions that impact Your use of Services.

 

iv. Sharing of Personal Data

In order to provide You with the Service, if applicable, HP may need to share Your personal data with HP’s partners in accordance with HP Privacy Statement located at www.hp.com/go/privacy. Your personal data will be handled according to the privacy policies of those other companies which may differ from HP's policies and practices. For purposes of this paragraph, “personal data” includes Your name; shipping address; city; state; zip code; province; phone number; email; Printer model; Printer serial number;  if one was provided, and its pin or promotional code; serial number; the subscribed Service plan; date of enrollment in the Service; date of Printer shipment; date of Printer delivery; and date of the cancelation of Services.

3. AGREEMENT TO CONTRACT ELECTRONICALLY.

 

You agree to contract electronically with HP. This means that when You click the button to complete Your enrollment to the Services, and by consenting to the terms herein, You are affirmatively agreeing to all of the terms in this Agreement with the intent of entering into a binding contract with HP. In addition, HP may communicate with You by email or through messages on the Printer and/or computer (“Service Account” or “My Account”) or https://www.hpsmart.com/ucde/hp-all-in-print-plan/overview, or on Your Service account page (Your “Dashboard”). You agree that all such notices, disclosures and other communications that HP provides to You electronically satisfy any legal requirement that such communications be in writing. Costs associated with Your maintaining an email account or internet services or text messaging capability are Your responsibility and are not included in the Service.

 

You further acknowledge and agree that all-Information pertaining to billing and invoicing relating to the Services will be communicated to You through Dashboard and/or Your Service Account and/or by other notifications, including to Your registered email ID.

4. MODIFICATIONS TO THIS AGREEMENT, SERVICES AND SERVICES FEE.

 

i. HP may modify this Agreement or any part, version, or feature of the Services (including without limitation the Services description, Fee and promotions) at any time to:

 

a) reflect changes in HP technology / other systems;

b) reflect changes in regulatory requirements, legislative changes or ombudsman decisions,

c) implement new Services offerings, promotions, or programs being made available;

d) implement minor adjustments and improvements. These changes will not affect Your use of the Services;

e) reflect changes in HP’s costs; and

f) any other valid reason.

 

ii. HP may communicate with You by email, or by posting notices on our Site or to Your Dashboard. We will give You at least thirty (30) days' prior notice of any of the material modifications. Notice is deemed given on the earliest day that (a) We post the notice to Your Dashboard or Our Site, or (b) We email notice to the email listed on Your Dashboard, or (c) send a text to the phone number listed on Your Dashboard. You agree that all such notices, disclosures, and other communications that HP provides to You electronically satisfy any legal requirement that such communications be in writing. Costs associated with You maintaining an email account, internet services, or Service Account or text messaging capability are Your responsibility and are not included in the Services.

 

iii. You agree that Your continued use of the Services after notice has been given in accordance with this Section 4 will be deemed Your acceptance of the modified Agreement and such other modifications as listed above. If You do not agree with any modifications by HP as per this Section 4, You should not use the Services and cancel the Services in accordance with Section 14 below. In the event You cancel your Services pursuant to Section 14 (“Cancellation and Early Cancellation Fee”), You will continue to have access to Services through the end of Your monthly Billing Cycle. If applicable, as set forth in Section 14, You may be charged an Early Cancellation Fee and any amount due for the Services provided by HP through the effective date of cancellation.

 

Notwithstanding the above, any changes made by HP under this Section 4 will be prospective and only apply to new enrollments. If You are an existing subscriber of Services, no changes to the Your applicable Service Plan and Fee will be effective.

 

We will endeavor to post prior versions of this Agreement, if any, for the preceding 36-month period.

 

iv. Changes to the Services

HP will occasionally provide automatic bug fixes, updates or upgrades or make modifications to the Services in its discretion including, without limitation, to maintain or enhance Your experience, improve the cost efficiency or performance of the Services, or to comply with applicable laws, regulations, or orders. These changes may not be consistent across all Printers and may include the addition or discontinuance of a feature or functionality. All such upgrades and modifications are provided to You pursuant to this Agreement.

 

HP reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice, including by revising Your order accordingly if necessary (including charging the correct price) and/or cancelling Your Services and refunding any amount charged.

 

v. HP continually upgrades and revises its products to provide You with new products.  HP may revise, discontinue, or modify products at any time without prior notice to customers, and products may become unavailable without notice. HP shall have no liability of any kind if a product that has been ordered is unavailable. If necessary, HP reserves the right to substitute items of equal or greater value when an item is unavailable, or HP may cancel the order and refund any applicable pro rata Fee for the unused portion of Services in the event of such cancellation by HP due to Services or substitute printer being unavailable. 

5. YOUR RESPONSIBILITIES.

 

i. Representations, Warranties, and Covenants. By purchasing the Services, You hereby represent that:

 

a) You are at least eighteen (18) years old, have the legal right, capacity and authority to enter into this Agreement with HP and to be legally bound by its terms;

b) You are not purchasing the Services in Your capacity as a public sector employee or otherwise intend to use the Services for any government or public sector-related use;

c) Any and all-Information provided by You to HP or HP authorized third parties in connection with the Services, including but not limited to personal data (for example: Your name, address, credit/debit card number and expiration date, other information regarding Your Payment Method (as defined herein), and email or text messaging or account information, is true, accurate and complete, and You will notify HP or the HP authorized third parties, as applicable, of any change to such information;

d) You are purchasing the Services for Your individual use, and not for resale, redistribution or to otherwise share with any other person or entity, and You will not offer the Services to any person or entity or collect any fees in connection with the Services;

e) You shall not abuse the Services or otherwise engage in illegal activities with respect to the Services (including without limitation by tampering with the Services or attempting to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Services), and You alone are responsible and liable for anything printed by Your Printer while using the Services;

f) You are responsible for the actions of others who use Your Service Account, Your Dashboard, or otherwise use Your Services; and

g) You are responsible for all usage of Your Service Account and will indemnify HP and hold HP harmless with respect to all claims, liabilities, losses and other costs arising from Your breach of this Agreement or otherwise related to Your use of the Services. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in doing so will not excuse Your indemnity obligations.

 

ii. Responsibility for Users 

You are responsible for the use of the Services and any activity under Your Service Account by You and any user regardless of whether the actions were authorized or unauthorized and Your knowledge of such actions.

 

iii. Acceptable use of the Services

You must not misuse or abuse the Services and shall not engage in any of the following activities:

 

a) Compromising the integrity of the Services, including probing, scanning, or testing the vulnerability of the Services or network unless otherwise authorized by HP to perform such activities.

b) Using the Services for any different purpose than it was intended for in its corresponding usage parameters or documentation.

c) “Phishing”, “spoofing”, misrepresentation of Yourself or falsely implying any association with HP.

d) Using the Services to violate the privacy of others, including phishing, posting other people’s confidential information without prior consent or collecting and gathering personally identifiable information about other customers using the Services.

e) Using the Services to stalk, harass, or post direct content that is obscene, violent, libelous, or otherwise unlawful or tortious against others.

f) Using the Services for any illegal purpose, or in violation of law (including without limitation, data, privacy, and export control laws).

g) Accessing, copying content, or searching the Services by any means other than our publicly supported interfaces.

h) Disparaging HP, its partners and its affiliates.

i) Using the Services in a way that is inconsistent with Your chosen Printer or subscription plan. Such use will result in the invalidation of the Repair and Replacement Services and could result in HP cancelling Your Services as per Section 14 below.

 

If HP believes a violation of this Section 5(iii) has occurred, HP may suspend or terminate Your access to and use of the Services or terminate this Agreement, without advance notice to You, subject to any applicable Early Cancellation Fee as mentioned in Section 14 below. HP reserves the right, but are not required to under this Agreement, to take any action against anyone who, in our sole discretion, violates, or is suspected of violating this Section 5(iii) including, without limitation, reporting a violator to law enforcement authorities or cooperating with law enforcement who validly request information from Us.

 

iv. Notifications 

You are responsible for reviewing all notices, reports, documents, or materials made available to You by HP and, if appropriate, to make such information available to any other users of Your Service Plan. If You receive any notice from a third party that may affect our provision of Services to You, You must provide HP with the notice in a timely manner.

 

v. Compliance with Laws 

You will be solely responsible for compliance with any and all applicable laws, rules and regulations in connection with Your and any other user of Your Service Plan.

6. SERVICE REQUIREMENTS.

 

i. E-mail and Service Account Required

You must maintain, at Your own expense, a valid email account and HP Service Account to receive notices and other information regarding the Service. In order to subscribe to and receive the Services, You must create and maintain a Service Account. You will manage and pay for your Service through your Dashboard. You may access Your Dashboard through Your My Account.

 

ii. Printer Updates May Be Required

You expressly allow HP to remotely change, patch, update or otherwise modify the Printer’s software, firmware or programming remotely, without notice to You, in order to provide the Services to You or to comply with applicable laws. Unless otherwise indicated, any software or firmware that is downloaded to the Printer or otherwise provided to You to enable the Service is provided pursuant to the software licensing terms that accompanied the Printer or pursuant to appliable Supplemental Terms, if any.

 

iii. Printer needs to be connected to the Internet

In order to be able to use the Services in an uninterrupted manner, You agree to maintain connectivity of the Printer to the Internet and to not remove or disable any remote monitoring software or functionality on the Printer; such Internet service is not provided by HP and must be separately obtained and paid for by You. Please check with Your Internet provider for information on possible Internet data usage charges and any other applicable charges. You are responsible for obtaining and maintaining, at Your sole expense, all equipment and services needed to access and use the Service. If the Printer is not connected to the Internet, then You may not be able to access Your Services including the ability to print; however, You will continue to be charged for the Services as described in Section 12 (“Paying for Your Services”). To reactivate Your Services including the ability to print, You will need to reconnect the Printer to the Internet and keep it connected. If you need help, contact Customer Support at the telephone number noted in this Agreement. Failure to connect the Printer to the Internet will also impact HP’s ability to send certain notices to You (including but not limited to those described in Section 12 (“Paying for Your Services”) and will impact the timeliness of you being billed for the Services.

 

iv. Subscription Cartridges provided to You

 

a) HP may communicate with You by email, or messages on the Printer and computer (through Your My Account).

b) The initial HP ink cartridges (“Subscription Cartridges”) for use with the Service will be sent to You along with the Printer. HP will send You additional Subscription Cartridges to allow for Your continued printing through the Service.   All Subscription Cartridges provided are only to be used in the Printer associated with the Service and are only to be used during the Subscription Term.  The Subscription Cartridges may not work in another Printer. The status of the Subscription Cartridge may be locked and might not change unless and until You activate Your Service Account, but You may be charged if You receive the Subscription Cartridge but don’t activate it.   You must follow the instructions provided with Your Printer and Subscription Cartridges to setup Your Printer using Your Service Account. You must use the same Service Account during Printer setup as You used or created when You enrolled in the Service for activation to be successful. Cartridges obtained outside the Service, e.g. purchased from retail store, may also work in the Printer.  However, Fee, including fees for Additional Page Sets, may still be charged. 

c) You must ensure that HP has Your most recent mailing address in order for HP to deliver Printer and Subscription Cartridges to You through the Services. You remain fully responsible for the Printer and Subscription Cartridges sent to mailing addresses that appear in Your Service Account and if You have failed to update such mailing address, then You must reimburse HP for any costs associated with the failure. Please go to Your Dashboard to update as necessary Your current mailing address, or otherwise contact HP customer support at 1-888-447-0148 for assistance.

d) As between You and HP, HP retains all ownership rights and interests in the Printer and Subscription Cartridges throughout the Subscription Term. HP provides the Printer and Subscription Cartridges to You solely to enable Your use of the Services for a monthly Fee. The Subscription Cartridges will work only with the corresponding Printer designated in Your Service Account; You are not allowed to (i) use the Subscription Cartridges with any other printer (including but not limited to other printers that You may have enrolled under an HP Instant Ink service), (ii) use the Subscription Cartridges outside the scope of the Services (unless HP expressly permits otherwise), or (iii) sell the Subscription Cartridges or otherwise provide them to others.

e) While using the Services, You agree not to remove a Subscription Cartridge from the Printer and replace it with another Subscription Cartridge until prompted to do so by messaging on the Printer to do so or in the event Your print quality degrades. The Printer will automatically report fill levels of Your Subscription Cartridges to HP so that HP knows when to deliver replacement Subscription Cartridges to You.

 

v. When Your Service is cancelled for any reason, You will have to return the Printer and any used or unused Subscription Cartridges to HP in accordance with Section 14 (“Cancellation & Early Cancellation Fee”).

 

vi. Subscription Cartridges must be returned by You to HP

You must return to HP all used or unused Subscription Cartridges by following instructions for return and using the materials provided to You by HP (if any). Without limiting the foregoing, You must return the Subscription Cartridges to HP when (i) the Subscription Cartridges have been removed from the Printer or You otherwise cease using them, or (ii) HP otherwise directs You to return the Subscription Cartridges to HP. You agree to not include items other than the Printer and/or Subscription Cartridges in any HP-provided postage prepaid return envelopes that You send back to HP. You assume any and all responsibility for any Subscription Cartridges and/or Printer You return to HP using a method of return that does not comply with HP’s instructions. You assume responsibility for ensuring that any Subscription Cartridges and/or Printer not returned to HP are handled in accordance with applicable environmental law.

 

vii. Damaged Subscription Cartridges

Contact HP Customer Support Telephone Number mentioned in this Agreement if a Subscription Cartridge is damaged, leaking its contents or otherwise appears to require special handling, and HP will provide You with special instructions regarding how to return that cartridge and obtain a replacement.

7. CHOOSING A SERVICE PLAN.

 

i. Selection of a Service Plan

When You create Your Service Account You will select one of the Printer and offered Service plans (each a “Service Plan”) described in the “HOW IT WORKS”, “GET STARTED”, and “FREQUENTLY ASKED QUESTIONS” sections. Each Service Plan entitles You to print the specified number of pages (“Service Plan Pages”) during each one (1) month period (“Month Period”) for a Fee. The first Month Period begins on the day that You complete enrollment in the Service Plan, and each subsequent Month Period begins on the same calendar day in the respective month. If Your first Month Period began in a month on a day not contained in a subsequent month, then Your Month Period in any such subsequent month will begin on the last day of such month. Your Service will continue on a month-to-month basis until Your Service is cancelled as described in Section 14 (“Cancellation & Early Cancellation Fee”).

 

ii. Rollover Pages & Additional Page Sets

When You do not print all of Your Service Plan Pages allocation (or pages in an Additional Page Sets purchased) in a Month Period (“Included Pages”), then the unused Included Pages will roll-over (“Rollover Pages”) and be available for Your subsequent use, provided that the total number of Rollover Pages that you can carry over at the beginning of each Month Period is limited to three times Your monthly Service Plan Pages allocation for that Month Period. Any additional unused pages that You may have that exceed this limit would not become Rollover Pages and are forfeited at the end of the Month Period. Consequently, the total number of pages You can have available at the beginning of a Month Period is 4 times Your Service Plan Page allocation at that time (i.e. Your Service Plan allocation plus 3 times the Service Plan pages allocation as Rollover Pages.) Promotions may vary treatment or availability of Rollover Pages in the applicable terms and conditions for the Promotion. HP at its sole discretion may remove the Rollover Pages or any Rollover Pages promotions at any time by giving a thirty (30) day notice to You.

 

For the purpose of clarity, Additional Page Sets means and include any additional pages printed over and above what is provided in Your Service Plan that will first come out of Your Rollover Pages balance, and when that Rollover Pages balance is depleted, any additional pages used will be counted toward additional page sets We will automatically make available to You for a fee as described in Your Service Plan (“Additional Page Sets”).

 

iii. Printed Page

A “PRINTED PAGE” IS A PAGE UPON WHICH ANY AMOUNT OF PRINTING IS PERFORMED BY YOUR PRINTER. PRINTING ON BOTH SIDES OF THE SAME SHEET OF PAPER COUNTS AS TWO (2) PAGES. A page is the type and size of media referenced in the Printer’s specifications. No Transfer of Service

 

You cannot transfer Your Service to another individual or legal entity.

 

iv. Use of Enrollment Key or Pre-Paid Code

If You subscribe or received an enrollment key or a pin code for the Service from HP, You must use it within the time specified, if any, and in accordance with any other instructions included with such enrollment/pre-paid card to enroll in the Service. HP is not responsible for a lost or stolen prepaid code Once You enter the key/pin code, the entire value of that card is redeemed. When redeemed, card value is credited to your Service Account and applied to your Fee, after which Your credit or debit card will be charged for subsequent months.

8. RECEIVING AND USING THE PRINTER.

 

i. Choosing a Printer

When You enroll in the Service, you can choose from the available  printer models.  Available models may change from time to time. The model you choose, along with the Service Plan You select will determine Your Fee.

 

ii. Printer Upgrade

Service Plans include a feature that allows You to replace the Printer You received through the Service with a new printer (“Printer Upgrade”) chosen by You from the selection of models available through the Service, subject to eligibility. If You elect to receive a Printer Upgrade, Your Fee in subsequent months may change. Unless You or HP cancel the Service, You are first eligible for a Printer Upgrade twenty-four (24) months after activating your Service Plan, and thereafter again twenty-four (24) months after transferring Your Service Plan to a Printer Upgrade. In addition to the above, to be eligible for a Printer Upgrade, Your Service Account should be in good standing and You must not have any overdue Fee . You will be notified of Your Printer Upgrade eligibility status via your Dashboard or Service Account and/or by email. Once You are eligible to upgrade the Printer, it is entirely up to You whether or when You upgrade the Printer. HP, at its sole discretion, reserves all rights to not extend the Printer Upgrade option to You. Your Printer Upgrade will be governed by a new agreement made available to You during the Printer Upgrade enrollment process and subject to your affirmative consent such new agreement will come into effect from the date of Your enrollment to Printer Upgrade and will include the Service Fee (including applicable early cancellation terms) based on the Printer model You select under the Printer Upgrade.

 

iii. Ownership of the Printer

 

    a) As between You and HP, HP retains all ownership rights and interests in the Printers offered under this HP All-In Plan for print throughout the Subscription Term. If You elect to replace the Printer with a Printer Upgrade through the Services, then once You receive the new Printer and transfer the Service Plan from the existing Printer to the new Printer, the new Printer becomes the Printer under the Printer Upgrade plan and the replaced Printer will need to be returned by You as per the instructions communicated by HP to You.

    b) If you decide to cancel your subscription to the Service during the Subscription Term for any reason, an early cancelation fee may apply, and You will be required to return the Printer and used or unused Subscription Cartridges to HP. Please refer to Section 14 for applicable Early cancellation Fee.

 

iv. Transferring Service to a Different Printer

You may only transfer Your Service to another printer if the printer to which Service is being transferred was received through the Service, either as Printer Upgrade or Repair and Replacement Services in accordance with Section 9 below.  The Services may not be transferred to a printer that was obtained outside the HP All-In Plan for print.  Transferring Service from one printer to another either as part of Repair and Replacement Services or Printer Upgrade must be done as per instructions provided by HP to You.

 

v. Multiple Printers

Although You may have multiple printers enrolled through HP services, only one (1) Printer per HPID and up to three (3) Printers per household may be enrolled under the HP All-In Plan for print.

9. WARRANTY PROVIDED THROUGH THE SERVICE.

 

i. Warranty Overview

The Service includes Repair and Replacement Services, which offers an exchange service for the Printer or one or more of its components by providing a replacement Printer or component(s) (“Replacement Product”). The Replacement Product is shipped overnight via airfreight carrier to Your location at HP’s expense. A few components, such as a removable display, may not be eligible for next day arrival due to transportation laws. Printer replacement products will be equivalent or better with respect to most printer features and capabilities. However, some features may not be available.

 

a) Remote Problem Diagnosis

When experiencing a problem, the customer must first place a call to HP All-In Plan for print support center at 1-888-447-0148. HP telephone technical assistance is available 24 hours a day, 7 days a week. HP will provide telephone technical assistance for installation, product configuration, setup, and problem resolution. Prior to scheduling the product exchange, HP may ask the customer to provide relevant information, start diagnostic tools, and perform other supporting activities.

 

b) Replacement Product

If the problem cannot be resolved remotely, HP will replace the failed product with a new or equivalent-to-new product free of major cosmetic defects. The failed product must be returned within the timeframe specified herein and remain the property of HP.

 

c) Coverage Window and Geographic Coverage

Calls must be received before 2:30 p.m. Central Standard Time, Monday through Friday, to activate an exchange service with next-business-day-delivery for eligible geographic locations in the U.S. HP holidays may delay the delivery. This service provides a replacement product the next business day in most areas within the continental United States and in limited areas of Hawaii and Alaska. Add 1 to 2 business days for service in Hawaii and Alaska. Deliveries to select zip codes in Hawaii and Alaska may differ from the delivery times in the contiguous U.S. Service is not available within any U.S. territories.  Service level and response times may vary depending on the customer’s geographical location. The customer should check with a local HP authorized representative to determine if the customer’s location is eligible for this service. Other restrictions and limitations apply.

 

d) Shipping Instructions

HP will ship the replacement product in a container suitable for returning the failed product to HP. HP is not able to ship to, or receive the customer’s failed product from, any location outside of the United States. Packaging instructions and a prepaid shipping label for the return of the failed product will be included in the replacement product shipping container. At HP’s discretion, HP may choose to collect failed product at the customer’s location.

 

e) Service Limitations

At HP’s discretion, service will be provided using remote diagnosis and support or other service delivery methods. Other service delivery methods, in lieu of shipping a replacement product, may include the overnight shipment of parts specified by HP as customer replaceable. HP will determine the appropriate delivery method required. Services excluded from this exchange service include, but are not limited to, the following:
Diagnosis or maintenance at the customer site.

 

ii. Limited Warranty

WE PROVIDE A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR AS LONG AS YOUR SERVICE REMAINS ACTIVE, FOR REPLACEMENT PARTS PROVIDED TO MAINTAIN THE HP PRINTER SERVICED UNDER THIS AGREEMENT. REPLACEMENT PARTS PROVIDED MAY BE WHOLE UNIT REPLACEMENTS OR BE NEW OR FUNCTIONALLY EQUIVALENT NEW IN PERFORMANCE AND RELIABILITY AND WARRANTED AS NEW. REPLACED PARTS BECOME THE PROPERTY OF HP UNLESS HP AGREES OTHERWISE IN WRITING AND YOU PAY ANY APPLICABLE CHARGES. WE DO NOT PROVIDE ANY WARRANTY FOR SUPPORT SERVICES FOR HP SOFTWARE. ANY SUPPORT SERVICES FOR HP SOFTWARE ARE PROVIDED ‘AS IS’. IF WE RECEIVE NOTICE OF DEFECTIVE HARDWARE REPLACEMENT PARTS DURING THE TERM OF THIS AGREEMENT, WE WILL, AT OUR OPTION, REPAIR OR REPLACE THE REPLACEMENT PART(S) THAT PROVE TO BE DEFECTIVE. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW A LIMITATION ON IMPLIED WARRANTIES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD.

 

iii. What is not covered

We do not provide Support Services for products not supplied by HP unless we agree to do so in writing or for HP products that you do not allow us to incorporate modifications. You are responsible for removing any components or products not eligible for Support Services to allow us to perform the Support Services on the HP Printer covered by this Agreement. If you do not remove such components or products, we may remove the components or products but we will not be responsible for any loss of or damages to the components or products. If Support Services are made more difficult because of such ineligible components or products, we will charge you for the extra work at our standard service rates. Unless otherwise specified, this Agreement excludes the provision, return/replacement, and installation of consumables, user replacement parts, maintenance kits, or other consumable items including, but not limited to, accessories, operating supplies, magnetic media, paper, a/c adapters, and batteries.

 

iv. Unless otherwise specified, this Agreement does not cover any damage or failure caused by:

 

a) Use of non-HP media supplies and other products.

b) Neglect, improper use, water damage, electrical disturbances, transportation by Customer, work or modification by people other than HP employees or HP-Authorized Representatives, or other causes beyond HP’s control.

c) Normal wear and tear; change in color, texture, or finish; gradual deterioration; rust; dust; or corrosion.

d) Fire, a vehicular or homeowner’s accident, act of nature including, without limitation, floods, or any other peril originating from outside the product unless otherwise stated in the applicable Service Plan Description.

e) Police action, undeclared or declared war, nuclear incident, or terrorism.

f) Reckless, abusive, willful, or intentional conduct associated with handling and use of the product. If protective items such as covers, carrying cases or pouches, etc., were provided or made available for use with the covered product, it is expected that you will continually use these product accessories for protection against damage to the covered product. Abuse is defined as the intentional non-utilization of protective items during product use, or the treatment of the product(s) that have been purchased for use in a harmful, injurious or offensive manner that may result in its damage. Any resultant damage from this type of treatment is NOT covered by this Agreement.

g) Exposure to weather conditions or environmental conditions that are outside of HP specifications,

h) Exposure to hazardous (including bio-hazardous and bodily fluids) materials, improper and unauthorized equipment modifications, attachments or installation, vandalism, animal or insect damage or infestation, defective batteries, battery leakage, lack of manufacturer-specified maintenance, or improper maintenance (including the use of inappropriate cleansers).

i) Damage resulting from any cause other than normal wear and, storage and operation of the product in accordance with the manufacturer’s specifications and owner’s manual.

j) Any equipment relocated outside the country of purchase and not covered by an HP Care Pack service that includes travel.

k) Theft, loss, mysterious disappearance, or misplacement.

l) Data loss or corruption; business interruptions.

m) Fraud (including but not limited to incorrect, misleading, erroneous or incomplete disclosure of how the equipment was damaged to the Customer’s adjudicator, the servicer, or HP).

n) Accidental or other damage to the product that is cosmetic in nature, meaning damage that does not impact operation and functioning of the computer.

o) Display screen imperfections, including but not limited to ‘burn-in’ and missing pixels caused by normal use and operation of the product.

p) Damage to product(s) whose serial numbers are removed or altered.

q) Damage to hardware, software, media, data, etc., stemming from causes including but not limited to viruses, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation, or reinstallation of any software or data or use of damaged or defective media.

r) Product obsolescence.

s) Non-HP Products: We are not liable for the compatibility, performance or non-performance of third-party vendors, their products, or their Support Services.

t) Maximum Use Limitations: HP products operated in excess of their maximum usage rate or duty cycle (as specified in the technical data sheet, operating manual, or Service Plan Description) will be serviced at our standard service rates.

Complete resolution of some problems may be beyond the control of HP and thus outside the scope of these Support Services.

 

v. Customer Responsibilities

 

a) You are responsible for completing the HP Printer set up and activation using the instructions within each package, email document, or as otherwise directed by HP.

b) This Agreement may not be transferred under any circumstances.

c) You must make all reasonable efforts to support and cooperate with us in resolving the problem requiring support remotely, for example, starting and executing self-tests or diagnostic programs, providing all necessary information, or performing basic remedial activities upon our request.

d) You are responsible for the security of your proprietary and confidential information and for maintaining a procedure external to the HP products for reconstruction of lost, or altered files, data, or programs. We do not intend to have access to your personally identifiable information, including protected health information, (collectively “PII & PHI”) in providing Support Services. To the extent we have access to your PII or PHI stored on your system or device, such access will be incidental and transient and you will remain the data controller of your PII & PHI at all times. You are responsible for removing all PII from any product in accordance with HP privacy statement mentioned in Section 2 (i) before returning to HP for any Support Service here under.

e) You must notify us if Your HP Printer serviced is being used in an environment that poses a potential health hazard to our employees or subcontractors.

f) You must ensure that an adult representative 18 years or older is present when we are providing Support Services at Your designated location or by telephone.

g) If remote Support Services are available, you will allow us to keep system and network diagnostic programs resident on the covered HP Printer and provide us login access for the exclusive purpose of performing diagnostics.  You acknowledge that you have no ownership interest in any diagnostic software provided or utilized by us and that we may remove these diagnostic software or programs upon termination or expiration of this Agreement. When capable, the covered HP Printer must be configured to permit access to one voice-grade telephone line and one data-quality telephone line; both must have terminations located near the covered HP product. Upon our request, you will run diagnostic programs we have supplied before having an HP product serviced under this Agreement.

h) Off-Site Support and Exchange Services: You are responsible for performing the following functions prior to return shipping a failed HP Printer to us: a) perform all steps for self-test and trouble-shooting specified in the operating manual for the Printer; b) provide, in writing, the model number, serial number, current failure symptoms, pertinent failure history and ship-to address (if applicable); and c) unless the HP Printer will be delivered and picked up in person by you, you are responsible for packaging the failed HP product carefully in the original or a shipping container we provide, or a shipping container that prevents the HP Printer from being damaged while in transit to us.

10. ADDITIONAL TERMS.

 

i. HP Smart Advance

All Service Plans include a subscription to HP Smart Advance, a productivity app for mobile phones and computers including features for printing, scanning, and related tasks.  Your included subscription to HP Smart Advance is  started upon You completing the enrolment to the HP Smart Advance and reviewing and affirmatively accepting the applicable HP Smart terms of use (www.hpsmart.com/tou) for activation and set up of your Service.  If You cancel Your Service, Your included subscription to HP Smart Advance will be terminated.

 

ii. Carbon Neutral Printing

HP Printers received Carbon Neutral® usage certification on November 1, 2021. In accordance with The Carbon Neutral Protocol the certification covers electricity use of your printer, and life cycle emissions of your cartridge (production, transportation, packaging, and end of life management). The certification excludes emissions associated with the Welcome Kit literature, customer paper, and printer hardware manufacturing. The Carbon Neutral usage certification is supported by an ISO 14040/44 compliant and third-party reviewed life cycle assessment (LCA) study. HP calculates the total usage carbon footprint with information unique to your printer and purchases carbon credits that adhere to the International Carbon Reduction and Offset Alliance (ICROA) standards to offset those calculated emissions.

11. THIRD-PARTY SERVICES.

 

Your use and access to the Services may require Third-Party Services to operate or integrate with the Services. Your use of any Third-Party Services is exclusively governed by a separate agreement between You and the third-party provider. You will comply with all terms and conditions and obtain all required permissions and consents applicable to the use of Third-Party Services. If You enable or use Third-Party Services, HP will allow the third-party providers to access or use data relating to You or Your usage as required for the interoperation of their products and services with our Services. This may include transmitting, transferring, modifying, or deleting data, or storing data on systems belonging to the Third-Party Services. Any Third-Party Services’ use of data related to You is subject to the applicable agreements between You and such third-party service providers. You acknowledge and agree that You have sole responsibility for and assume all risks arising from Your use of Third-Party Services and maintenance of appropriate accounts in good standing; and that as between You and HP, Your sole remedy with respect to such Third-Party Services shall be with the third-party provider. HP does not guarantee that the Services will maintain integrations with any Third-Party Services and HP may disable integrations of the Services with any Third-Party Services at any time with or without notice to You. For clarity, this Agreement governs Your use of and access to the Services, even if accessed through an integration with a Third-Party Service; however, in the event that any Third-Party Services terms conflict with this Agreement, such Third-Party Services shall control Your use of and access to the Services.

 

HP DOES NOT WARRANT, ENDORSE, INDEMNIFY OR SUPPORT ANY THIRD-PARTY SERVICES AND SHALL NOT BE LIABLE FOR ANY BREACH, FAILURE, OR UNAVAILABILITY OF THE THIRD-PARTY SERVICES FOR ANY REASON WHATSOEVER. UNDER NO CIRCUMSTANCE WILL HP BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH SUCH THIRD-PARTY SERVICES AND YOUR CHOICE TO USE SUCH IS AT YOUR OWN DISCRETION AND RISK.

12. PAYING FOR YOUR SERVICES.

 

As discussed further below, Your Fee is calculated based on Your selected Printer and Service Plan. Your Fee also includes any Additional Page Sets or additional costs that may be applicable to the Fee or are based on Your use of certain HP All-In Plan for print offering.

 

i. Commencement of Charges for the Service and Billing Cycles

Unless otherwise specified by HP in writing:

 

    a) During enrollment in the Services, You will provide (or will have previously provided) HP with a valid, accepted payment method that You will use to pay for the Service, such as a valid debit or credit card or any other payment option offered by HP (“Payment Method”);

    b) Your monthly billing cycle (“Billing Cycle”) for the Services will begin on Your Enrollment Start Date ;

    c) Unless You have canceled during the first thirty (30) days of the Subscription Term, beginning one (1) month after enrolling in the Service, your Payment Method will be charged, and the Service will automatically renew each month unless canceled. Your Payment Method will be charged on a Month Period (as defined in Section 7 (i) above) basis for (i) the amount of Your Service Plan Fee, and (ii) any charges for Additional Page Sets over and above your Service Plan, (collectively, “Your Monthly Fee”) plus taxes. For example, if Your Enrollment Start Date is on January 1st, Your Payment Method will be charged on or after February 1st for Your Monthly Fee for January; if Your Enrollment Start Date is on February 1st, Your Payment Method will be charged on or after March 1st for Your Monthly Fee for February.

    d) If You redeem the value of a valid gift card, prepaid card, offer, or promotion in Your Service Account, then HP will apply that redeemed value towards Your Monthly Fee before charging any remaining balance to Your Payment Method, unless other applicable terms and conditions apply.

    e) Unless otherwise separately specified, for each month that You print more than the number of Your Service Plan Pages plus any applicable Rollover Pages, Your Payment Method will be charged for the Additional Page Sets associated with those additional pages, plus applicable Taxes. For example, for ink, if Your Service Plan entitles You to print fifty (50) pages for a Service Plan Fee of $8.99 and thereafter to pay $1.00 for each multiple of ten (10) pages, and if You print a total of sixty-six (66) pages in a Month Period where you had no Rollover Pages available, then Your Payment Method would be charged the Monthly Fee of $8.99 plus $2.00 for additional page blocks, for a total of $10.99, plus Taxes and the remaining 4 pages would go to Rollover Pages.

    f) Any time You receive a Printer through the Services, either upon enrolling in the Services or upon receiving a Printer Upgrade through the Services, it is your responsibility to promptly complete enrollment to the Services and set up of the Printer in the Services as per instructions provided by HP or complete the transfer of the Services to the Printer Upgrade. Failure to complete the Service enrollment process and properly set up the Printer or transfer of Service process may result in Your Services being cancelled and Your Payment Method being charged the Early Cancellation Fee mentioned in Section 14. HP will continue to charge Your Payment Method on a monthly basis for Your Monthly Fees until Your Service is cancelled by You or HP.

    g) You can access Your billing information on Your Dashboard. You are responsible for all pages printed on the Printer while using the Service, whether or not You specifically authorized the printing of those pages.

 

ii. HP’s right Upon Payment Defaults

 

    a) In the event that HP is unable to collect payment from Your Payment Method at the time payment becomes due, HP may suspend or otherwise limit Your access to the Services until payment in full can be collected by HP.  HP may terminate this Agreement and the Services in part or full if Your delinquency is not cured within ninety (90) days from the effective date of delinquency.  As discussed further in Section 14 (“Cancellation and Early Cancellation Fee”) of this Agreement, notwithstanding any suspension or termination, You must continue paying Your monthly Fee and any applicable Service Plan fee until cancellation of Your Services.  You will continue to have access to Your Printer, including any inbuilt features such as scanning, during any suspension period. However, HP may revoke Your right to print with the Printer and/or provide any Repair and Replacement Services and/or any applicable Service-related entitlements until Your Service Account delinquency is cured and HP receives any and all outstanding Fees.

 

iii. Price Increases

HP may increase or otherwise change the Service Plan Fee and Additional Page Sets fee and add additional fees, for any Service Plan, or otherwise change or add Service Plans at any time in HP’s sole discretion with prior notice to You in accordance with Section 4 (“Modifications to This Agreement, Services and Services Fee”). Any such changes to Service Plan Fees and Additional Page Sets fee and the addition of other fees will become effective no earlier than the beginning of Your next Month Period commencing thirty (30) days from HP’s announcement of those changes or additions in accordance with Section 4 (“Modifications to This Agreement, Services and Services Fee”).

 

iv. Payment Processor

HP uses a third-party payment processor to invoice and process payment for the Services. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor. HP reserves the right to change or add third-party payment processors at its discretion.

 

v. Additional Payment Terms

 

    a) Fees and Adjustments. Your Fee may be adjusted during Your Subscription Term if You make changes in Your Service Account, including Your Service Plan Pages, exceeding applicable Service Plan Pages limits, subscribing to any optional Add-On services made available to You, or becoming subject to any credit or additional charges. Fee adjustments may be made by issuing and applying the credits or charges to Your Service Account, as applicable. For the purposes of clarity, if Your Fee is adjusted due to change in Your Service Plan, in the event of early cancellation by You, the Early Cancellation Fee may apply as per Your then current Service Plan in accordance with Section 14 below.

    b) Disputed Fees. If You have any dispute regarding any Fees charged to You by Us for the Services, You may contact and notify Us by calling HP customer support at 1-888-447-0148 within thirty (30) days of the date of the invoice in dispute.

    c) Taxes. All Fees stated in Your invoice are exclusive of taxes, levies, duties, tariffs or similar governmental assessments, including, sales, value-added, goods and services tax, use or withholding taxes, assessable by any jurisdiction, (collectively, “Taxes”). You agree to pay all Taxes, and any related penalties and interest, associated with the use of the Services, except for those taxes based on HP’s net income. If applicable law requires Us to charge, collect and remit any Taxes on Your behalf, such Taxes will be added to Your billing statement for payment by You. In such case, You represent that You are registered for tax purposes with the appropriate taxing authority, and at HP’s request, You will provide Us with Your tax registration number and any other necessary information requested.  Posted prices do not include sales tax, which will be charged to You where applicable.

    d) Errors or Mistakes in Pricing. HP reserves the right to correct any errors or mistakes in pricing that it makes, even if it has already requested payment. HP disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price adjustments.

    e) Add-Ons.  HP may at its sole discretion, from time to time make Add-Ons relating to Services available to You . If such Add-ons are not purchased as part of the subscription to the Services on the Enrollment Start Date, Add-Ons will be added to the current Subscription Term to run coterminous with the current Subscription Term. All Add-Ons are subject to the terms of this Agreement and any applicable Supplemental Terms.

13. MANAGING YOUR SERVICE.

 

i. Your Dashboard

The details of Your Service will be displayed on Your Dashboard. Your Dashboard will provide You with, among other items, the current status of Your Service, Printer, number of pages used, Printer Upgrade eligibility status, telephone number for HP All-In Plan for print support, and payment status.

 

ii. Customer Support Center

If You need assistance with the Service or Your Service Account, or have questions regarding Your Monthly Fees or the billing process, please contact customer support.

 

iii. Changing Your Service Plan

If applicable and made available by HP, You may change Your choice of Service Plan by following the directions on Your Dashboard or by calling Customer Support. As applicable any changes to Your Service Plan will be effective only from the next Billing Cycle. To view Your current Service Plan and other details, go to Your Dashboard. When you have changed Your Service Plan, the cap on Rollover Pages will be calculated based on the new Service Plan for the first Month Period of the new Service Plan. 

14. CANCELLATION & EARLY CANCELLATION FEE.

 

You may cancel Your HP All-In Plan for print Service at any time through Your My Account and clicking on ‘Cancel’ or by calling HP Customer Support at 1-888-447-0148.

 

i. Cancellation of Services by You Within First 30 Days of Enrollment Start Date:

If You elect to cancel the Services within first thirty (30) days of Your Enrollment Start Date, Your Services will be cancelled effective immediately. Upon receiving Your cancellation request, You will be emailed a prepaid return label for Your Device and Subscription Cartridge with detailed instructions based on which You must return the Device and Subscription Cartridge within ten (10) days of receipt of Your return label.

 

You will not be charged a cancellation fee or any monthly Fees so long as you return the Device and Subscription Cartridge to HP within ten (10) days of cancellation.

 

Failure to return the Device and Subscription Cartridge to HP within ten (10) days of cancellation will result in Your Payment Method being charged with an Early Cancellation Fee plus applicable taxes as mentioned in Section 14(ii) below.

 

ii. Cancellation of Services by You After 30 Days of Enrollment Start Date:

If You elect to cancel the Services after thirty (30) days from the Enrollment Start Date but within two (2) years from the Enrollment Start Date, Your Services will then be cancelled effective as of the last day of Your current Month Period. For example, if Your current Month Period runs from January 15th to February 15th, and You submit a cancellation request to HP on January 30th, Your Service will be cancelled as of February 15th. In addition to the applicable Early Cancellation Fee as described below, Your Payment Method will be charged in full for Your previous Month Period, and no refunds will be provided for Service Plan Pages or Rollover Pages or Additional Page Sets that You did not print during that previous Month Period or otherwise. Simply removing the Subscription Cartridges from the Printer, not printing, and/or not connecting the Printer to the Internet does not cancel Your Service or otherwise stop the Billing Cycles. Upon the cancellation of your HP All-In Plan for print and Services, You will be emailed a prepaid return label for Your Device and Subscription Cartridge with detailed instructions based on which You must return the Device and Subscription Cartridge within ten (10) days of receipt of Your return label.

 

iii. Early Cancellation Fee:

 

    a) Early Cancellation Fee for Cancellation in First Year:

If You cancel Your Service within first one (1) year of the Enrollment Start Date or one (1) year of transferring the Service to Your Printer Upgrade, Your Payment Method will be charged an Early Cancellation Fee subject to Your Printer model which is $120 (Envy), $180 (Envy Inspire), or $270 (OfficeJet Pro) plus applicable taxes.

    

    b) Early Cancellation Fee for Cancellation in Second Year:

If You cancel Your Service after the first one (1) year of the Enrollment Start Date but still within the two (2) year from the Enrollment Start Date or within two (2) year of transferring the Service to Your Printer Upgrade, Your Payment Method will be charged an Early Cancellation Fee subject to Your Printer model which is $60 (Envy), $90 (Envy Inspire), or $135 (OfficeJet Pro) plus applicable taxes.

 

    c) Cancellation of Service after the Second Year from Enrollment Start Date

If you cancel Your Service more than two (2) years after the Enrollment Start Date or transfer of Service process for a Printer Upgrade, Your Payment Method will not be charged with an Early Cancellation Fee, provided You return the Device and Subscription Cartridge to HP within ten (10) days of any such cancellation.

Failure to return the Device and Subscription Cartridge to HP within ten (10) days of cancellation will result in Your Payment Method being charged with an Early Cancellation Fee applicable at that time.

 

iv. Cancellation of Services by HP

    a) Cancellation upon Reasonable Notice. In addition to HP’s rights under Section 4 (“Modifications to This Agreement, Services and Services Fee”), HP may cancel Your Service at any time at its sole discretion for any or no reason upon thirty (30) days notification to You. Such reasons for cancelling Your Service may include, but not be limited to HP ceasing to provide the Service in general or a particular version, part or feature of the Service upon at least thirty (30) days prior notification to You at the email address or, if applicable, the text number listed on Your Dashboard, or by notification on the Site https://myaccount.hp.com/ucde/account-details/subscriptions. In case of such cancellation, You will be responsible for paying the Monthly Fees plus taxes for Services rendered through the last day of Your current Month Period, as provided in Section 14(ii).

 

    b) Cancellation with Immediate Effect: HP may cancel Your Service and this Agreement at any time in its sole discretion immediately upon notification to You if (i) You breach the terms of this Agreement (including but not limited to failing to pay for the Service or no longer having a valid Payment Method); or (ii) HP in its sole discretion believes that You otherwise abused the Service or engaged in any other action that merits termination of Your use of the Service. In case of such cancellation, You may be charged an Early Cancellation Fee in accordance with Section 14. Other benefits (Support Service, Printer Upgrade, etc.) will cease upon such cancellation.

 

v. Consequences of Cancellation

You agree that HP will not be liable to You for any cancellation of Your Service or refusal of access to the Service or Site. Upon cancellation of Your Service for any reason mentioned in this Agreement, any rights granted to You under this Agreement will terminate and You must immediately cease all use of the Service and return the Printer and Subscription Cartridges to HP as detailed in this Section 14 above. Furthermore, any promotion incentives or offers that you earned pursuant such promotion or offer will immediately expire upon termination of Your Service.

15. NO OWNERSHIP.

For avoidance of doubt, You DO NOT own HP Device and Subscription Cartridges provided under this HP All-In Plan for print, even if You pay an Early Cancellation Fee or complete the entire Subscription Term or move to a Printer Upgrade. All Device and Subscription Cartridge provided to You as part of the Service remains HP owned equipment, and HP retains title in it.

 

The payment of an Early Cancellation Fee shall not result in a sale of, or the transfer of title to, any Printer or Subscription Cartridges provided as part of the Services. HP in no way relinquishes ownership of (including title to) HP Device and Subscription Cartridges by the payment of an Early Cancellation Fee. Even if an Early Cancellation Fee has been paid by You, HP Device and Subscription Cartridges shall not be resold, used, or operated in any manner contrary to this Agreement. If You pay an Early Cancellation Fee, You must return the HP Device and Subscription Cartridges as described in this Section 14 undamaged (with the exception of normal wear and tear). 

16. FEEDBACK AND USE OF DATA.

 

i. Feedback

If You send or transmit any communications, comments, questions, suggestions, or related materials to HP, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in Feedback, and HP is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, You hereby grant HP an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in HP‘s sole discretion.  Notwithstanding the foregoing, You understand and agree that HP is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

 

ii. Rights in Your Data

As between the parties, You and HP will retain all right, title and interest (including any and all intellectual property rights) in and to Your data as provided to HP. Subject to the terms of this Agreement, You hereby grant to HP a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display Your non-personal data for its business purposes. Notwithstanding anything to the contrary herein, You agree that HP may obtain and aggregate technical and other data about Your use of the Services that is non-personally identifiable with respect to You (“Aggregated Anonymous Data”). HP may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by You and other HP customers. HP shall own all right, title and interest in and to the Aggregated Anonymous Data. For clarity, this Section 16(ii) does not give HP the right to identify You as the source of any Aggregated Anonymous Data.

 

iii. Use of Data

You are solely responsible for any data uploaded or stored on the Services by You or other users of Your Services. In no event shall HP be responsible for the use or misuse of any data by You or other third parties. You warrant and represent that You either own or have the right, license or necessary consents to provide all data. HP does not provide any long term archiving service and You agree that You are responsible for backing up Your data. HP expressly disclaims all other obligations with respect to data. 

17. GENERAL TERMS AND CONDITIONS.

 

i. No Warranty

Other than any express warranties specified herein, You agree that, to the fullest extent permitted by law, the Subscription Cartridges, promotions, and the site are provided by HP on an “as is” and “as available” basis, with all faults. To the fullest extent permitted by law, HP does not provide any warranty whatsoever with respect to the subscription cartridges, promotions, and the site, and expressly disclaims all warranties of any kind (express, implied, statutory or otherwise) related thereto, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Without limiting the foregoing, HP does not warrant that the subscription cartridges, promotions, or the site will be uninterrupted, error-free or virus-free or that defects will be corrected, and makes no warranties regarding their timeliness, accuracy or reliability. Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety but will apply to the maximum extent permitted by applicable law.

 

ii. Intellectual Property Rights

You will not gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by HP. HP will retain exclusive ownership of the Service, Subscription Cartridges, Promotions, Dashboard and the Site and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the Service, Subscription Cartridges, Promotions, Dashboard and the Site. Instant Ink Plans, HP, and any other product or service name, slogan or logo contained in or on the Service, Subscription Cartridges, Promotions, Dashboard or the Site are trademarks of HP or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HP or the applicable trademark owner. You may not use any metatags or any other hidden text utilizing any trademark of HP without HP’s prior written permission.

 

iii. LIMITATIONS OF LIABILITY AND REMEDIES

IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF INCLUDING, BUT NOT LIMITED TO, A SERVICE PLAN, PROMOTION OR THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND/OR THE APPLICABLE HP SERVICE PLAN (SUBJECT TO ANY APPLICABLE EARLY CANCELLATION FEE). TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP, ITS SUCCESSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, SUBSCRIPTION CARTRIDGES, HP INSTANT INKS, OR THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP, ITS SUCCESSORS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP, ITS SUCCESSORS, OR AFFILIATES ARE HELD LEGALLY LIABLE TO YOU, HP'S, ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF YOUR MONTHLY FEE THAT HAS BEEN PAID BY YOU TO HP FOR THE SERVICE AND/OR UNDER A SERVICE PLAN FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE OR (B) THE MINIMUM AMOUNT ALLOWABLE BY LAW WITH RESPECT TO SUCH LIMIT ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. Some jurisdictions do not allow the exclusion or limitation of particular types of damages, so the above limitation or exclusions may not apply to You in their entireties but will apply to the maximum extent permitted by applicable law.

 

iv. Compliance with Laws, Including Export Laws

You agree to comply with all applicable laws and regulations. Without limiting the foregoing, You are responsible for compliance with U.S. and other applicable countries’ export control laws and regulations (“Export Laws”). You will comply with all Export Laws to ensure that the Service, the Subscription Cartridges, and any related materials, including but not limited to technical data, are not (1) exported or re-exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical or biological weapons proliferation. Without limiting the foregoing, You agree that the Service, the Subscription Cartridges and related materials may not, in violation of any Export Laws or other applicable laws or regulations, be exported or re-exported (i) into any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

 

v. No Responsibility for Third Party Materials & Websites

Certain content, offers, products, services and other materials made available via the Service to You are from third parties (“Third Party Materials”), and You agree that HP is not liable for Third Party Materials. Your use of Third -Party Materials is at Your own risk and may be subject to additional terms. In addition, links from the Service and the Site to third party websites (“Third Party Websites”) may be provided, and HP is not liable for Third Party Websites or Third-Party Materials made available through them. The HP Privacy Statement is not in effect on Third Party Websites and HP is not liable for any use of Your information by them.

 

vi. Governing Law

Any disputes arising out of or otherwise relating to this Agreement, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the State of California without regard to its conflict-of-law principles.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTION WITH THE SERVICES AND THESE TERMS WILL BE RESOLVED INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING IN THE FORUM DESIGNATED ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

 

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

 

vii. Entire Agreement; Order of Precedence

The terms of this Agreement constitute the entire understanding between You and HP relating to the Service and will supersede any previous communication, representation or agreement whether oral or written. In the event of any conflict between this Agreement and (i) the HP Smart terms of use (www.hpsmart.com/tou); or (ii) the Supplemental Terms, the terms of this Agreement shall control.

 

viii. Miscellaneous

HP’s failure to exercise any right under this Agreement will not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of the Agreement will remain in full force and effect. You may not assign this Agreement by operation of law or otherwise; HP may assign this Agreement. The section titles in this Agreement are for convenience only and have no legal effect. This Agreement will be interpreted without application of any strict construction in favor of You or against HP. Without limiting any other provision in this Agreement, HP shall not be liable for any failure of the Service, Subscription Cartridges or the Site which results from acts or events beyond its reasonable control. All terms in this Agreement that by their nature would survive termination of this Agreement upon cancellation of Your Service (including but not limited to those terms related to limits on HP’s and its affiliate’s liability, Your liability, applicable law, Your payment obligations for the Service, and Your obligation to return Subscription Cartridges to HP in the manner designated) will survive termination.

 

ix. CALIFORNIA WAIVER

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

x. Additional Terms

a) VIP Pantry

Through the Virtual Agent in US, UK, IE, CA, FR, and DE, customers on the 500 and above page plans may request a spare cartridge once in their printer’s lifetime. HP may offer this feature based on the virtual agent availability in one of the listed countries and current enrollment in the 500 or 700 or 1500 page plan.

b) 500/1500 Plan

500/1500 plans may not be available to all customers. You must be an existing customer to be eligible for 500 or 1500 plans.  
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