HP LAPTOP SUBSCRIPTION - TERMS OF SERVICES
(US ONLY PILOT)
These HP Laptop Subscription Terms of Services ("Agreement" or “Laptop Subscription”) 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 AGREEMENT 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 SERVICES. WHEN YOU GIVE YOUR ACCEPTANCE, AS DESCRIBED IN SECTION 4 (AGREEMENT TO CONTRACT ELECTRONICALLY) 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 PC, REQUIREMENT OF INTERNET CONNECTIVITY FOR YOUR PC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR OTHERWISE USE THE SERVICES. USING OR OTHERWISE ACCESSING ANY PART OF THE SERVICES 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 SERVICES ARE AVAILABLE ONLY IN THE UNITED STATES AS A LIMITED PILOT PROGRAM. HP RESERVES THE RIGHT TO MAKE SERVICES 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 5 (MODIFICATIONS TO THIS AGREEMENT, SERVICES AND SERVICES FEE) BELOW. PLEASE REVIEW THE PRICING TERMS AND OUR RIGHTS TO MODIFY OR CANCEL. YOUR CONTINUED USE OF THE SERVICES 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 Services 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 Services. By Using such portions of the Services, 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 Services.
INDEX
- DEFINITIONS
- DATA COLLECTION
- ELIGIBILITY AND FRAUD PREVENTION
- AGREEMENT TO CONTRACT ELECTRONICALLY
- MODIFICATIONS TO THIS AGREEMENT, SERVICES AND SERVICES FEE
- YOUR RESPONSIBILITIES
- SERVICE REQUIREMENTS
- CHOOSING A SERVICE PLAN
- RECEIVING AND USING YOUR DEVICE
- WARRANTY PROVIDED THROUGH THE SERVICE
- THIRD-PARTY SERVICES
- PAYING FOR YOUR SERVICE
- PAYMENT DELINQUENCY AND REMOTE LOCK RIGHTS
- MANAGING YOUR SERVICE
- CANCELLATION & EARLY CANCELLATION FEE.
- INTELLECTUAL PROPERTY RIGHTS & NO OWNERSHIP.
- FEEDBACK AND USE OF DATA
- HP GO SUPPLEMENTAL TERMS OF SERVICE
- GENERAL TERMS AND CONDITIONS
1. DEFINITIONS.
As used in this Agreement, the following capitalized terms have the following meanings:
“Dashboard” means the HP website user interface to manage, configure, and administer Your Services available here.
“Laptop” or “PC” means personal computers offered under this Agreement that allows You to use the Laptop by paying a subscription fee on a monthly basis and may include Repair or Replacement Services.
“Peripherals” means accessories offered under this HP Laptop Subscription program that allows You to use the Peripherals by paying a subscription fee on a monthly basis and may include Repair or Replacement services. Peripheral include the following: (i) Peripheral Bundle: keyboard and mouse combo (they come together), monitor, multiport hub or docking station; (ii) Standalone Peripherals include headset, webcam. For ease of reference and clarity, (i) Peripheral Bundle and (ii) Standalone Peripherals are together referred to as Peripherals.
“Printer add on” or “Printer” means printer offered under this HP Laptop Subscription program that allows You to use a standard printer by paying a subscription fee on a monthly basis and may include Repair or Replacement services.
“Device(s)” means together the Laptop, Peripherals and Printer being referred to as Device(s) for the ease of reference in the Agreement.
“Enrollment Start Date” means the date on which You enroll for the Services.
“Fee” means, collectively, the monthly fee You pay for Services that includes the selected Laptop, and, as applicable, any selected Peripherals and Printer add on during the Billing Cycle (as defined in Section 12 below).
“Services” means the services offered with the Laptop Subscription program that includes the use of a selected Laptop, selected Peripherals, Printer add on, Mobile Data if applicable, 24/7 Pro Support and Next Business Day Services offered under this Agreement by paying a subscription fee on a monthly basis. See 24/7 Pro live support datasheet and Next Business Day replacement data sheet.
“Mobile Data” means the wireless mobile data services available with select Laptops and provided as part of Your Service bundle offered during the Subscription Term. See HP Go data sheet.
“PC Mover” means the software program that is included in the bundle at no additional cost and provided by third party which that allows users to transfer data, applications, settings, and profiles from one laptop to another one time. Please refer to the PC Mover Terms and Conditions.
“Next Business Day” or “NBD” means the applicable next business day replacement services for selected laptop, applicable Peripherals and Printer provided as part of Your Service bundle offered during the Subscription Term. Additional detail for NBD is available here (“NBD datasheet). For clarification, in the event any of the NBD terms conflict with the terms of this Agreement, the terms of this Agreement will control Your use of and access to such portion of the Services.. For clarification, in the event any of the NBD terms conflict with the terms of this Agreement, the terms of this Agreement will control Your use of and access to such portion of the Services.
“Repair and Replacement Services” means Next Business Day, 24/7 Pro live support or any other related Support Services that may be included with Your Laptop Subscription program.
“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. You can access Your My Account here.
“HPID” means Your existing or new unique user identification that helps You to enroll and access Your My 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 24/7 Pro 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, Third-Party Services terms 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
In order to use the Services, You will need to open a service account at My Account. As part of the Services, HP needs to collect certain personal data about You. HP will collect and use Your personal data (including Your name, company name (optional), subscription ID, existing or new HPID, shipping address, city, state, zip code, province, email, phone number associated with Your email, date and time of logging into Services, IP address, unique device identifiers (e.g. device model, serial number), Enrollment Start Date, date of Device shipment, date of delivery of Device, cancellation date, payment method details, any applicable metrics from remote monitoring, analytics, and information from Cookies and other non-personal technical information). All data is collected to provide the Services. Use of Your personal data is further described on the HP privacy website www.hp.com/go/privacy (such personal data shall be referred to as “Data”). HP may use such Data in accordance with the provisions of the HP Privacy Statement. HP may use Your My Account information for the following purposes: (i) to provide You with the Services; (ii) to investigate compliance and enforce the terms of this Agreement; HP may also access and disclose Your account information in (i), and/or (ii) to ensure that the Services is not being used for fraudulent or illegal purposes; You are not acting in such a way as to threaten the security of the Services; or as HP determines is necessary to provide the Service or comply with applicable law. HP provides individuals with reasonable access to personal data that they provided to HP and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect Your privacy and security, we will also take reasonable steps to verify Your identity, such as requiring a password and user ID, before granting access to Your Data. To view and change the personal data that You directly provided to HP, You can access and change Your personal account information on Your My Account page by using Your account log in details or HPID.
ii. Personalization
With Your consent, HP collects analytic data for personalized offers, and promotions. Personalization includes remembering Your preferences and usage on the PCs to include location, and other settings. HP will work to optimize Your performance for Your use of the Services.
iii. 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 and Third Party Service providers in accordance with HP Privacy Statement. 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; PC model; PC serial number; if one was provided, and if applicable, promotional code; the subscribed Service plan; date of enrollment in the Service; date of PC shipment; date of PC delivery; date of birth, payment information (like credit/debit/banking information) and date of the cancelation of Services.
3. ELIGIBILITY AND FRAUD PREVENTION
By enrolling in this Service, you acknowledge and agree that HP may facilitate a soft credit check and fraud check through one or more independent third-party providing soft credit check and fraud check to verify your eligibility and prevent fraud. You further acknowledge and agree to the following:
i. Risk Assessment. To reduce the risk of subscription fraud, verify your eligibility for this Service and in order to offer suitable Device models under the Services, HP or the authorized independent third-party may request you to provide certain personal information, including full name, address, date of birth, and Social Security Number (SSN) in accordance with applicable law and Third Party Service terms made available to you at the time of enrollment, solely for the purpose of conducting a soft credit inquiry through a third-party consumer reporting agency. By consenting to soft credit check and fraud check during enrollment to Laptop Subscription, you provide written instructions under the U.S. federal and state laws, including the Fair Credit Reporting Act (FCRA) authorizing HP to obtain a risk assessment for your application to Laptop Subscription from iSoftpull Terms and Privacy Policy and TransUnion solely to assess your eligibility for the Laptop Subscription. Any such soft credit check or fraud check DOES NOT affect your credit score in any manner whatsoever. HP DOES NOT receive your credit score or personal credit information.
ii. The information collected under this Section 3 will be used exclusively by HP’s authorized third-party service provider iSoftpull[AV1] [FB2] (Terms and Privacy Policy), to perform a soft credit inquiry and determine Service eligibility. The data will not be sold or used for marketing purposes. Your data collected and processed by independent third-party soft credit check and fraud screening service providers will be based on you directly accepting their terms and privacy policy in accordance with applicable laws. Customer's personal information will be retained only as long as necessary to complete the credit check and provision the Service, subject to iSoftpull Terms and Privacy Policy and TransUnion’s Privacy Policy.
iii. Optional Consent and Opt-Out: The soft credit check is not mandatory. However, you agree and understand that declining to provide consent may affect HP’s ability to offer Laptop Subscription and HP at its sole discretion may refuse to offer the Laptop Subscription to you. If you do not wish to undergo a soft credit check, you may notify us by selecting “No” at the time of enrollment in Laptop Subscription.
iv. Security of SSN and Personal Data: HP and its third-party partners implement administrative, technical, and physical safeguards designed to protect the confidentiality and integrity of SSNs and other personal data, in accordance with HP Privacy Statement and industry standards and the iSoftpull Terms and Privacy Policy and TransUnion’s Privacy Policy.
v. The soft credit check is conducted by independent third-party soft credit check service provider and through their third party credit agency (iSoftpull Terms and Privacy Policy and TransUnion’s Privacy Policy), and HP DOES NOT control or influence the methods, outcomes, or data accuracy of such third party service provider or agencies.
vi. HP makes no representations or warranties regarding the timeliness, completeness, or accuracy of any soft credit check done or decision generated by third-party soft credit check service provider or their credit agency. Any dispute regarding your credit information must be directed to the third-party soft credit check service provider or their credit agency that performed the inquiry in accordance with the terms accepted by you at the time of enrollment. To the fullest extent permitted by applicable law, you release and waive any and all claims against HP, its affiliates, officers, employees, and contractors from any liability or damages arising out of or related to:
- the conduct or accuracy of the soft credit check,
- any adverse decisions made by third party based on the soft credit check and provided to HP,
- delays or errors caused by the third-party soft credit check service provider or their credit agency.
vii. Order Cancellation for Ineligibility or Fraud Risk
HP reserves the right to cancel your Laptop Subscription order or decline enrollment at its sole discretion if you fail to meet eligibility requirements or if fraud screening or soft credit checks raise concerns. You will not be charged for orders canceled prior to activation and provisioning of the Service, and any pre-authorized amounts will be refunded per applicable law. You may receive an electronic notice of cancellation, however, HP is not required to disclose specific reasons for cancellation if based on fraud prevention or eligibility screening results conducted by a third-party service provider.
All such decisions are final and non-negotiable. This right is in addition to any other remedies under this Agreement or applicable law.
4. 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 Laptop ( “My Account”) or on Your My 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 are Your responsibility and are not included in the Services.
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 My Account and/or by other notifications, including to Your registered email ID.
5. 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 website 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 website, or (b) We email notice to the email 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 My Account 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 5 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 5, You should not use the Services and cancel the Services in accordance with Section 15 below. In the event You cancel Your Services pursuant to Section 15 (“Cancellation, Early Cancellation Fee & Non-Return Fees”), You will continue to have access to Services through the end of Your monthly Billing Cycle. If applicable, as set forth in Section 15, 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 5 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.
If applicable, HP may 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 PCs and may include the addition or discontinuance of a feature or functionality. All such modifications are provided to You pursuant to this Section 5 of the 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 in full or any applicable pro rata Fee for the unused portion of Services in the event of such cancellation by HP due to Services or substitute PC being unavailable.
6. 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 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 stored or accessed by Your PC while using the Services;
f) You will be solely responsible for daily back-up and other protection of Your Data and software against loss, damage or corruption on Your Laptop/Devices during the performance of Services and for any necessary reconstruction thereof.
g) You are responsible for the actions of others who use Your My Account, Your Dashboard, or otherwise use Your Services; and
h) You are responsible for all usage of Your My 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 My 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 laptop 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 15 below.
If HP believes a violation of this Section 6(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 15 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 6(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.
7. SERVICE REQUIREMENTS.
i. E-mail and My Account Required
You must maintain, at Your own expense, a valid email account and HP My 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 My Account. You will manage and pay for Your Service through Your Dashboard. You may access Your Dashboard through Your My Account.
ii. PC Support
If applicable, You expressly allow HP to remotely change, patch, update or otherwise modify the PC’s software, firmware or programming remotely, with Your prior consent, in order to provide the Support Services to You or to comply with applicable laws. Unless otherwise indicated, any software or firmware that is downloaded to the PC or otherwise provided to You to enable the Service is provided pursuant to the software licensing terms that accompanied the PC or pursuant to appliable Supplemental Terms, if any
If applicable, with Your prior consent HP or its authorized support agent may provide remote assistance (via call or internet) and perform remote analysis or solve technical issues faced by Your Laptop during the provision of Services. It is Your responsibility to activate and verify that the network connection is secure, and HP’s authorized support agent are aware of any ongoing remote activity. You agree that any damages (including potential hacker(s)‘ actions) that the remote connection will generate to Your Laptop, Peripherals or Printer cannot be the fault of HP as it is Your full and exclusive responsibility.
iii.
You may use internet connection on Your Devices, You agree such Internet service is not provided by HP and must be separately obtained and paid for by You. You are responsible for obtaining and maintaining, at Your sole expense, internet, all equipment and services that You connect or use with the Services. To reactivate Your Services, You may need to reconnect the PC to the Internet and keep it connected. If You need help, contact HP customer support at 1-866-204-8618.
8. CHOOSING A SERVICE PLAN.
i. Selection of a Service Plan
When You create Your My Account You will select one of the Laptop and offered Peripherals and Printer add on as part of the Services (each a “Plan”) described “GET STARTED”, and “FREQUENTLY ASKED QUESTIONS” sections. Each Plan entitles You to choose 1 laptop from the offered models, peripherals and Printer add along with the applicable Support Services during each one (1) month period (“Month Period”) for a Fee. The first Month Period begins on Your Enrollment Start Date, 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 15 (“Cancellation, Early Cancellation Fee & Non-Return Fees”).
ii. 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 My Account and applied to Your Fee, after which Your credit or debit card will be charged for subsequent months.
9. RECEIVING AND USING YOUR DEVICE.
i. Choosing a Laptop
When You enroll in the Service, You can choose from the available PC models. Available models may change from time to time. The model You choose, along with the Plan You select will determine Your Fee.
ii. Laptop Upgrade
Plans include a feature that allows You to replace the Laptop You received through the Services with a new Laptop (“Laptop Upgrade”) chosen by You from the selection of models available through the Service, subject to eligibility. If You elect to receive a Laptop Upgrade, Your Fee in subsequent months may change. Unless You or HP cancel the Service in accordance with Section 15 below, You are first eligible for a Laptop PC Upgrade twelve (12) months after activating Your Plan, and thereafter again twelve (12) months after transferring Your Plan to a Laptop Upgrade. In addition to the above, to be eligible for a Laptop Upgrade, Your My Account should be in good standing and You must not have any overdue Fee. You will be notified of Your Laptop Upgrade eligibility status via Your Dashboard or My Account and/or by email. Once You are eligible to upgrade the Laptop, it is entirely up to You whether or when You upgrade the Laptop. HP, at its sole discretion, reserves all rights to not extend the Laptop Upgrade option to You. Your Laptop Upgrade will be governed by a new agreement made available to You during the Laptop Upgrade enrollment process and subject to Your affirmative consent such new agreement will come into effect from the date of Your enrollment to Laptop Upgrade and will include the Service Fee (including applicable early cancellation terms) based on the Laptop model You select under the Laptop Upgrade.
iii. Ownership of the Laptop
a) As between You and HP, HP retains all ownership rights and interests in the Laptops offered under this Agreement throughout the Subscription Term. If You elect to replace the Laptop with a Laptop Upgrade through the Services, then once You receive the new Laptop and transfer the Plan from the existing Laptop to the new Laptop, the new Laptop becomes the Laptop under the Laptop Upgrade plan and the replaced Laptop 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 Laptop and if applicable, Peripherals and Printer add on to HP. Please refer to Section 15 for applicable Early Cancellation Fee.
iv. Transferring Service to a Different Laptop
You may only transfer Your Service to another Laptop if the Laptop to which Service is being transferred was received through the Service, either as Laptop Upgrade or Repair and Replacement Services in accordance with Section 10 below. The Services may not be transferred to a Laptop that was obtained outside this Agreement. Transferring Service from one Laptop to another either as part of Repair and Replacement Services or Laptop Upgrade must be done as per instructions provided by HP to You.
v. Number of Laptop Subscription You Can Have
Only one (1) Laptop; one (1) Peripheral Bundle and Standalone Peripherals; and one (1) Printer add on per HPID, shipping and billing address, email, Payment Method, and IP address is allowed to be covered under this Laptop Subscription Agreement.
Notwithstanding the above, HP at any time and at its sole discretion may refuse to fulfill Your order/Services if we suspect any illegal or fraudulent activity.
10. WARRANTY PROVIDED THROUGH THE SERVICE.
i. Warranty Overview
The Service includes Repair and Replacement Services, which offers an exchange service for the PC or applicable Peripherals and Printer add by providing a replacement PC or applicable Peripherals and Printer add (“Replacement Product”). The Replacement Product is shipped overnight or within stipulated time in the Agreement 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. PC replacement products will be equivalent or better with respect to most PC features and capabilities. However, some features may not be available.
a) Remote Problem Diagnosis
When experiencing a problem, You must first place a call to HP customer support at 1-866-204-8618. 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 1:30 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. U.S. 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 and Geographic Coverage mentioned in Section 10 (i)(c) above. Packaging instructions and a prepaid shipping label for the return of the failed product will be included in the replacement product shipping container.
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 PC, APPLICABLE PERIPHERALS AND PRINTER ADD ON 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. 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 PC, applicable Peripherals and Printer add on 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 PC, applicable Peripherals and Printer add on 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 before returning to HP for any Support Service here under.
e) You must notify us if Your HP PC, applicable Peripherals and Printer add on 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 PC, applicable Peripherals and Printer add on 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 PC, applicable Peripherals and Printer add on 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 PC, applicable Peripherals and Printer add on to us: a) perform all steps for self-test and trouble-shooting specified in the operating manual for the PC; 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 PC applicable Peripherals and Printer add on 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 PC from being damaged while in transit to us.
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 Service is exclusively governed by a separate agreement between You and the Third-Party Service 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 Service 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 Service 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 Laptop, selected Peripherals and Printer add on (as applicable). Your Fee also includes any Peripherals or Printer add on that You update to Your Plan during the term of Subscription Term or additional costs that may be applicable to the Fee or are based on Your use of certain Laptop offering.
i. Commencement of Charges for the Services 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 Services, such as a valid debit or credit card or any other Third-Party payment service option offered by HP (“Payment Method”); For the purpose of clarity, the Laptop Subscription Services offer credit card, debit card, ACH (automated clearing house), Apple Pay, Google Pay, or Link (one-click checkout) as acceptable payment method. Apart from applicable Services Fee, applicable taxes and Early Cancellation Fee or Non-Return Fee (as applicable), HP does not charge any additional fee to process Your payment through the Payment Method. Please ensure to read Your payment service provider terms for more details.
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 in accordance with Section 15 below. Your Payment Method will be charged on a Month Period (as defined in Section 8 (i) above) for the amount of Your (i) selected Laptop model, (ii) any selected Peripherals, (iii) any selected Printer add on as applicable during the term of Subscription Term, and (iii) any additional cost s that may be applicable to the Fee or are based on Your use of certain subscription offering over and above Your existing 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 My 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) Any time You receive a Laptop through the Services, either upon enrolling in the Services or upon receiving a Laptop Upgrade through the Services, it is Your responsibility to promptly complete any applicable set up to the Services or complete the transfer of the Services to the Laptop Upgrade as per instructions provided by HP. Failure to complete any applicable set up or transfer of services process or as per HP’s instructions may result in Your Services being cancelled and Your Payment Method being charged the Early Cancellation Fee mentioned in Section 15. 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 as described in Section 15 below.
f) You can access Your billing information on Your Dashboard.
ii. HP’s right Upon Payment Defaults
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 forty-five (45) days from the effective date of delinquency. As discussed further in Section 15 (“Cancellation, Early Cancellation Fee & Non-Return Fees”) of this Agreement, notwithstanding any suspension or termination, You must continue paying Your monthly Fee until the effective date of cancellation of Your Services. You will continue to have access to Your Laptop, including all Peripherals and Printer add on, any inbuilt features during any suspension period. However, HP may revoke Your right to receive any Repair and Replacement Services and/or any applicable Service-related entitlements until Your My Account delinquency is cured and HP receives any and all outstanding Fees.
iii. Price Increases
HP may increase or otherwise change the Plan Fee and add additional fees, for any Laptop, Peripherals or Printer offered under the Plan, or otherwise change or add new plans at any time in HP’s sole discretion with prior notice to You in accordance with Section 5 (“Modifications to This Agreement, Services and Services Fee”). Any such changes to Plan Fees 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 5 (“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 My Account, including Your Plan, subscribing to any optional Peripherals and Printer 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 My Account, as applicable. For the purposes of clarity, if Your Fee is adjusted due to change in Your Plan, in the event of early cancellation by You, the Early Cancellation Fee may apply as per Your then current Plan in accordance with Section 15 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 1-866-204-8618 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 new add on services available to You . If such add ons are not purchased as part of the subscription to the Services on the Enrollment Start Date, such add ons will be added to the current Subscription Term to run coterminous with the current Subscription Term. All add ons including Peripherals and Printer add on are subject to the terms of this Agreement and any applicable Supplemental Terms. In certain scenarios and as applicable a Non-Return Fee may apply to such add ons as described in Section 15 (v) below.
13. PAYMENT DELINQUENCY AND REMOTE LOCK RIGHTS
i. Device Ownership
All Devices provided under this Laptop Subscription remain the sole property of HP throughout the term of this Agreement and in case of cancellation you must return all Device to HP within ten (10) days of cancellation as per HP’s instructions and return labels provided at the time of cancellation. You are granted only a limited right to use the Device; no title or ownership interest is transferred, and no purchase option is available.
ii. Payment Delinquency
If you fail to make a required payment and remedy any payment default in accordance with Section 15 (ii) below HP may, at its sole discretion and to the extent permitted by applicable law, take one or more of the following enforcement actions:
- Initiate remote locking of the Laptop via its authorized third-party endpoint security provider, Absolute Software, Inc., rendering the device temporarily or permanently inaccessible until payment is cured;
- If applicable, refer the unpaid amount to a licensed third-party collections agency, which may impact your credit score.
iii. Remote Lock Functionality
You expressly consent to the presence and operation of the Absolute remote security solution pre-installed on the Laptop. This includes the capability to lock, locate, or restrict access to the Laptop in the event of payment default, loss, theft, or breach of Agreement. You acknowledge that:
- Such functionality may be activated in the event of payment default, loss, theft, or other violations of this Agreement;
- The remote lock may render the device inoperable until the delinquency is resolved or the device is returned;
iv. You agree not to disable, uninstall, circumvent, reverse engineer, or otherwise tamper or interfere with the Absolute software or any unauthorized Device controls during the term of this Agreement. Any such unauthorized tampering or interference may:
- constitute a breach of contract and grounds for immediate termination of the Service;
- result in legal action under applicable civil or criminal laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030);
- make you liable for damages, legal fees, and recovery costs incurred by HP in restoring or securing the Laptop.
v. If your Laptop is remotely locked in accordance with the provisions of this Section 13:
- Your files will not be deleted, but access may be restricted.
- If you need to recover important data while your device is locked, please contact our support team 1-855-265-5276, who may assist you with limited-time access or secure data retrieval, where permitted.
- Once your account is back in good standing, full access will be restored.
vi. All remote management actions taken by HP its authorized security partner shall be conducted in accordance with applicable laws including the Computer Fraud and Abuse Act (CFAA) and the Fair Debt Collection Practices Act (FDCPA) where applicable.
vii. 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.
viii. Additional Payment Terms
1. Fees and Adjustments
Your Fee may be adjusted during Your Subscription Term if You make changes in Your My Account, including Your Plan , subscribing to any optional Peripherals and Printer 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 My Account, as applicable. For the purposes of clarity, if Your Fee is adjusted due to change in Your Plan, in the event of early cancellation by You, the Early Cancellation Fee may apply as per Your then current Plan in accordance with Section 15 below.
2. 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 1-855-265-5276 within thirty (30) days of the date of the invoice in dispute.
3. 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.
4. 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.
5. Add-Ons
HP may at its sole discretion, from time to time make new add-on services available to You. If such add ons are not purchased as part of the subscription to the Services on the Enrollment Start Date, such add ons will be added to the current Subscription Term to run coterminous with the current Subscription Term. All add ons including Peripherals are subject to the terms of this Agreement and any applicable Supplemental Terms. In certain scenarios and as applicable a Non-Return Fee may apply to such add ons as described in Section 15 (v) below.
14. 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, PC, PC Upgrade eligibility status, telephone number for customer support, and payment status.
ii. Customer Support Center
If You need assistance with the Service or Your My Account, or have questions regarding Your Monthly Fees or the billing process, please contact HP customer support at 1-866-204-8618.
iii. Changing Your Service Plan
If applicable and made available by HP, You may change Your choice of Plan by following the directions on Your Dashboard or by calling HP customer support at 1-866-204-8618. As applicable any changes to Your Plan will be effective only from the next Billing Cycle. To view Your current Plan and other details, go to Your Dashboard.
15. CANCELLATION & EARLY CANCELLATION FEE.
You may cancel Your Services at any time through Your My Account and clicking on ‘Cancel’ or by calling HP customer support at 1-866-204-8618.
i. Cancellation of Services by You Within First 30 Days of Enrollment Start Date:
If You elect to cancel the Services within the 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(s)with detailed instructions based on which You must return the Device(s) within ten (10) days of receipt of Your return label. As per HP’s return instructions and as applicable You will need to drop the Device(s) for return to the shipment company identified and notified by HP within ten (10) days of receiving the return label.
You will NOT be charged a cancellation fee or any monthly Fees so long as You return the Device(s) to HP within ten (10) days of cancellation.
Failure to return the Device(s) (including Laptop and applicable Peripherals and Printer add on) to HP within ten (10) days of receipt of Your return label will result in Your Payment Method being charged with a Non-Return Fee as described in Section 15 (v) below plus applicable taxes.
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 one (1) year 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. Upon the cancellation of Your Laptop Subscription and Services, You will be emailed a prepaid return label for Your Device(s)with detailed instructions based on which You must return the Device(s) 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 after the first 30 days but still within the first one (1) year of the Enrollment Start Date or one (1) year of transferring the Service to Your PC Upgrade, Your Payment Method will be charged an Early Cancellation Fee (subject to Your PC model) that is equal to the remainder of the first 12 month’s payment for the Laptop Subscription. For example, if You cancel six (6) months after the Enrollment Start Date, Your Early Cancellation Fee will be equal to Fee applicable for the Laptop for remainder of one (1) year i.e. six (6) times Your monthly Fee. You can cancel through Your My Account online, or by contacting HP customer support at 1-866-204-8618.The cancellation fee will be charged thirty (30) days from the date of cancellation. For example, if You cancel on January 15 and Your billing cycle ends on January 31, Your cancellation fee will be charged on February 15.
Please see the applicable Early Cancellation Fee chart based on Your Laptop model selected as part of Laptop Subscription:
| EARLY CANCELLATION FEE BASED ON THE MONTH IN ACTIVE SUPSCRIPTION | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Laptop Model | Monthly Payment | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13+ |
| HP 15.6" | $19.99 | 0 | $219.89 | $199.90 | $179.91 | $159.92 | $139.93 | $119.94 | $99.95 | $79.96 | $59.97 | $39.98 | $19.99 | $0.00 |
| HP Pavilion 15.6" | $34.99 | 0 | $384.89 | $349.90 | $314.91 | $279.92 | $244.93 | $209.94 | $174.95 | $139.96 | $104.97 | $69.98 | $34.99 | $0.00 |
| HP Envy 17.5" | $44.99 | 0 | $494.89 | $449.90 | $404.91 | $359.92 | $314.93 | $269.94 | $224.95 | $179.96 | $134.97 | $89.98 | $44.99 | $0.00 |
| HP Spectre x360 14" | $54.99 | 0 | $604.89 | $549.90 | $494.91 | $439.92 | $384.93 | $329.94 | $274.95 | $219.96 | $164.97 | $109.98 | $54.99 | $0.00 |
| HP EliteBook 6 G1q 14" | $84.99 | 0 | $934.89 | $849.9 | $$764.91 | $679.92 | $594.93 | $509.94 | $424.95 | $339.96 | $254.97 | $169.98 | $84.99 | $0.00 |
For cancellations initiated more than 30 days from the enrollment date, Your HP Laptop Subscription will remain active for the remainder of Your current Billing Cycle. Your Plan will stop at the end of Your Billing Cycle, and You are required to return the laptop to HP within 10 days of receiving Your return label. HP will supply a pre-paid return shipping label to return the laptop.
For the purpose of clarification, the Early Cancellation Fee is applicable only for the Laptop under a Plan and NOT for any Peripherals or Printer add on You may have as part of the Plan, provided that You return the Laptop, and applicable Peripherals and Printer add on within ten (10) days of receipt of Your return label. Failure to return the Laptop and applicable Peripherals and Printer within the prescribed time upon cancellation will lead to Non-Return Fee being charged to Your Payment Method as per the charges mentioned in Section 15 (v) below. Any applicable Early cancellation fee is exclusive of taxes and applicable taxes will apply.
a) Cancellation of Service after the First Year from Enrollment Start Date
If You cancel Your Service after one (1) year after the Enrollment Start Date or opt for a Laptop Upgrade (Section 9 (ii)), Your Payment Method will NOT be charged with an Early Cancellation Fee, provided You return the Device to HP within ten (10) days of any such cancellation or transfer to Laptop Upgrade.
iv. Cancellation of Services by HP
a) Cancellation upon Reasonable Notice. In addition to HP’s rights under Section 5 (“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 website or MyAccount. 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 15(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 15. Other benefits (Support Service, PC Upgrade, etc.) will cease upon such cancellation.
v. Non-Return Fee
Anytime during the Subscription Term when You are required to return the Devices, including upon cancellation, Laptop Upgrade or as part of the Repair and Replacement services, Your failure to return the Devices (i.e. Laptop, and as applicable any Peripherals and Printer add on) to HP within ten (10) days of receiving the return label from HP or HP authorized partner will result in Your Payment Method being charged with a Non-Return Fee as per below table:
| Laptops | Monthly Fee | Non-Return Fee |
|---|---|---|
| HP 15" | $19.99 | $479.76 |
| HP Pavilion 16" | $34.99 | $839.76 |
| HP Envy 17" | $44.99 | $1,079.76 |
| HP OmniBook X Flip 14" | $54.99 | $1,299.00 |
| HP EliteBook 6 G1q 14" | $84.99 | $3,218.00 |
| HP Spectre x360 14" | $54.99 | $1,319.76 |
| Add-Ons | Monthly Fee | Non-Return Fee |
| HP 650 Wireless Keyboard and Mouse | $1.99 | $47.76 |
| HP Universal USB-C Multiport Hub | $3.99 | $95.76 |
| HP Series 5 27” FHD Monitor | $6.99 | $167.76 |
| HP Smart Tank Plus 651 | $9.99 | $239.76 |
| Bundle | $19.99 | $479.76 |
vi. 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 Services website . 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 Device(s) to HP as detailed in this Section 15. Furthermore, any promotion incentives or offers that You earned pursuant such promotion or offer will immediately expire upon termination of Your Service.
16. INTELLECTUAL PROPERTY RIGHTS & NO OWNERSHIP.
i. 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 Devices, Services, , Promotions, Dashboard and the Service website and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the Devices, Services, Promotions, Dashboard and the Service website. Laptop Subscription plans, HP, and any other product or service name, slogan or logo contained in or on the Services, Devices, Promotions, Dashboard or the Service website 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.
ii. No Ownership
For avoidance of doubt, You DO NOT own HP Device(s) provided under this Agreement, even if You pay an Early Cancellation Fee or complete the entire Subscription Term or move to a PC Upgrade. All Device(s) (including Laptop, and as applicable any Peripherals and Printer add on) provided to You as part of the Service and under this Laptop Subscription Agreement remains HP owned equipment, and HP retains any and all title in it.
The payment of an Early Cancellation Fee and/or Non-Return Fee shall not result in a sale of, or the transfer of title to, any Laptop Peripherals or Printer provided as part of the Services. HP in no way relinquishes ownership of (including title to) HP Device(s) by the payment of an Early Cancellation Fee and/or a Non-return Fee. Even if an Early Cancellation Fee and/or a Non-Return Fee has been paid by You, HP Device(s) 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(s) as described in this Section 15 undamaged (with the exception of normal wear and tear).
17. 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 17(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.
18. HP GO SUPPLEMENTAL TERMS OF SERVICE
The following additional terms and conditions apply to You if You are receiving 5G services as part of Your Service offer.
i. DEFINITIONS
With respect to the Hp Go Service, the following terms shall have the meanings specified below. Except where the context requires otherwise, words in the singular shall include the plural and vice versa.
“Device” means the e-SIM enabled computer authorized to access the Hp Go Services.
"HP Connection Point" means a nominal point where Your platform, server, hardware, software, and other equipment connects with the wider telecommunication network to allow the use of the Hp Go Service.
“HPID” means Your existing or new unique HP customer number that helps You to enroll and access Your Service Account.
“Including” whether capitalized or not means “including without limitation”.
“Intellectual Property” means discoveries, inventions, developments, improvements, works of authorship, mask works, identifying marks, trade dress, confidential or proprietary information, know-how, designs, processes, technologies, all software, including amendments, new versions or subversions, bug fixes, updates and without limitation, and other such items, and any related rights, including patents, patent applications, utility models, design rights, copyrights, moral rights, trade secrets, mask work registrations, trademarks and service marks, and all registrations, applications, renewals, extensions, combinations, divisions, continuation-in-part, continuations or reissues of any of the foregoing, now existing or hereafter filed, issued, or acquired.
“Mobile Subscriber" means a person or entity who has entered into an agreement with an Operator that allows access to the Operator's network.
"Operator" means a legal entity that operates a mobile telecommunications system or network that is accessed by the Hp Go Services. For purposes of this Agreement, Operators are not Affiliates of HP.
"Order" means the document (electronic or otherwise) that contains the price and description of Hp Go Services purchased by You and any specific terms and conditions for such Service.
“Service Account” means Your user account, which must be used or created at the time of enrollment using Your HPID for Hp Go Services and maintained throughout any provision of Hp Go Services to You.
“Supplemental Terms” means any Orders, additional policies or addenda, or agreements related to the provision of the Hp Go Services which HP may present to You through HP product datasheets, acknowledgement e-mails, or otherwise. Supplemental Terms are incorporated into and form a part of this Agreement.
ii. YOUR RESPONSIBILITIES.
a) Representations, Warranties, and Covenants. By purchasing the Hp Go Services, You hereby represent that:
1. 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;
2. You are not purchasing the Hp Go Services in Your capacity as a public sector employee or otherwise intend to use the Hp Go Services for any government or public sector-related use;
3. Any and all information provided by You to HP or HP authorized third parties in connection with the Hp Go 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;
4. You are not purchasing the Hp Go Services for resale, redistribution or to otherwise share with any other person or entity, and You will not offer the Hp Go Services to any person or entity or collect any fees in connection with the Hp Go Services;
5. You shall not abuse the Hp Go Services or otherwise engage in illegal activities with respect to the Hp Go Services (including without limitation by tampering with the Hp Go Services or attempting to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Hp Go Services), and You alone are responsible and liable for any content You transmit or receive while using the Hp Go Services;
6. You are responsible for the actions of others who use Your Service Account, or otherwise use Your Hp Go Services; and
7. 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 Hp Go 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.
b) Responsibility for Your Users. You are responsible for the use of the Hp Go Services and any activity under Your Service Account by You and any of your users regardless of whether the actions were authorized or unauthorized or Your knowledge of such actions.
c) Acceptable use of the Hp Go Services.
1. You agree that Your use of the Hp Go Services
a. is for Your internal business purposes, and not for the provision of Hp Go Services to other persons or entities;
b. will not involve use of any Hp Go Services for any illegal, immoral or improper purpose or in any manner which contravenes applicable laws and codes, regulatory requirements of the appropriate jurisdiction or Operator requirements as they exist and as they change over time; and
c. You will endeavor prevent any third party from doing the foregoing.
2. You will not attempt to access the Hp Go Services using any device other than authorized Devices.
3. You will not use applications that are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrade network capacity or functionality in conjunction with the Hp Go Services.
4. Your use of the Hp Go Services is limited to on-Device usage. You will not share Your Service connection with any other device (tethering) or use Your Device to create a Wi-Fi network for other devices (HotSpot).
5. You agree that You will not use the Hp Go Services to obtain Personal Data relating to other Mobile Subscribers, including but not limited to the Mobile Subscribers’ IP address, or geographic location, without the consent of the Mobile Subscriber that is the subject of the Personal Data, unless permitted to do so under applicable laws of the appropriate jurisdiction. For purposes of this section, “Personal Data” means any information relating to an identified or identifiable living individual or as otherwise defined by applicable privacy law.
6. You shall under no circumstances send unsolicited traffic to the HP Connection Point. Unsolicited traffic shall be taken to mean information sent to a Mobile Subscriber who has not requested the information.
7. If You send unsolicited traffic to the HP Connection Point, HP may immediately terminate Your connection to the HP Connection Point.
8. You must not misuse or abuse the Hp Go Services and shall not engage in any of the following activities:
a. Compromising the integrity of the Hp Go Services, including probing, scanning, or testing the vulnerability of the Hp Go Services or network unless otherwise authorized by HP to perform such activities.
b. Using the Hp Go 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 Hp Go 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 Hp Go Services.
e. Using the Hp Go Services to stalk, harass, or post direct content that is obscene, violent, libelous, or otherwise unlawful or tortious against others.
f. Using the Hp Go 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 Hp Go Services by any means other than our publicly supported interfaces.
h. Disparaging HP, its partners and its affiliates.
d) 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 Hp Go Services to You, You must provide HP with the notice in a timely manner.
e) 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.
f) If HP believes a violation of this Section has occurred, HP may suspend or terminate Your access to and use of the Hp Go Services or terminate this Agreement, without advance notice to You. Such termination shall be without liability for any damages that You might otherwise be entitled to claim. 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 including, without limitation, reporting a violator to law enforcement authorities or cooperating with law enforcement who validly request information from HP.
g) Excessive use. Network speeds for Your Hp Go Services will be throttled based on Your monthly consumption as follows.
1. If a user’s consumption exceeds 5 GB, such user’s network speed will be limited to 5 Mbps.
2. If a user’s consumption exceeds 10 GB, such user’s network speed will be limited to 2 Mbps.
3. If a user’s consumption exceeds 25 GB, such user’s network speed will be limited to 1 Mbps.
4. If a user’s consumption exceeds 100 GB, such user’s network speed will be limited to 100 kbps.
5. Network speed will be reset to full speed on a monthly basis until a user’s consumption exceeds 5 GB.
6. HP is not responsible for any reduced network speeds resulting from de-prioritization of network traffic by local Operators during times of high network congestion.
iii. SCOPE OF HP GO SERVICES
a) The Hp Go Services provide You with essential connectivity tools within the U.S. It includes unlimited domestic data. Geolocation services are not offered as part of this Service. International roaming is not offered as part of this Service.
b) Your signal, and Your specific network coverage, will depend on the radio transmissions Your Device can pick up. Coverage isn’t available everywhere, is not guaranteed, and is subject to change without notice. Service speeds are not guaranteed, and depend on factors such as Your Device, Your location, structures, buildings, weather, geography, topography, server speeds of the websites You access, network problems, network or internet congestion, software, signal strength, actions of third parties, etc.
iv. CONNECTIVITY
a) You are responsible for providing suitable hardware or communications equipment, and for the provision of all infrastructure necessary to ensure its access to the designated HP Connection Point as more specifically addressed herein and in Your Order. Access to the Service requires an HP commercial PC with embedded WWAN 5G module, preinstalled Hp Go eSIM, and Windows 11 support for carrier profile management and network selection.
b) You are also responsible, at Your own expense, for the provision and the regular monitoring of telecommunication and access infrastructure between Your operations center and the HP Connection Point as more specifically addressed in Your Order. 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 Hp Go Services.
c) The Hp Go Services require Windows 11 (or later version when available). Systems may require upgraded and/or separately purchased hardware, drivers, software or BIOS updates to take full advantage of Windows functionality. High speed internet and Microsoft account required. ISP fees may apply, and additional requirements may apply over time for updates. See http://www.windows.com.
d) Retention of Preloaded eSIM Profile.
1. Reimaging. If You re-image Your Device or add a custom image, You must ensure that You do not delete the preloaded Hp Go eSIM profile. You must maintain the original HP-provided eSIM for continued access to the Hp Go Services, including automatic network switching and connection management through the Management Console. [AV5] [BF6]
2. WWAN Replacement. If the WWAN module fails and requires replacement, HP may replace the WWAN module and preinstalled eSIM with a compatible standard WWAN module. A standard WWAN module will require a downloadable Hp Go eSIM to enable the Service.
3. In case of accidental deletion or WWAN module replacement, please contact HP support to help you reconfigure.
e) Non-Transferability of Service. You may not transfer the Service to another device. Each Service activation is linked to the original Device it was activated on.
v. WARRANTIES
a) HP shall make available Hp Go Services that meet reasonable commercial standards. HP does not warrant that the Hp Go Services will be fault-free, available continuously or without interruption, or that all the Operators will be reachable at all times. You agree that neither we nor any third party involved in providing Hp Go Services are responsible for any liability, damages, delay, interruption or other failure to perform resulting from: (a) providing or failing to provide Hp Go Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Hp Go Services, etc.); (b) traffic or other accidents, or any health-related claims relating to our Hp Go Services; (c) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 9-1-1, Enhanced 9-1-1 or otherwise; (d) interrupted, failed, or inaccurate location information services; (e) information or communication that is blocked by a spam filter; or (f) damage to Your Device or any computer or equipment connected to Your Device, or damage to or loss of any information stored on Your Device, computer, or equipment, from Your use of the Hp Go Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio.
b) Data connection, upload and download speeds will vary due to network availability, location, environment, geography, network conditions, and other factors.
c) The Hp Go Service does not include a hardware warranty plan. Any hardware replacement or other warranty claim is exclusively governed by the terms of Your HP-provided hardware warranty.
d) THE HP GO SERVICES ARE NOT DESIGNED TO SUPPORT E-911.
e) YOU USE THE HP GO SERVICES AT YOUR OWN RISK. THE HP GO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, HP MAKES NO WARRANTIES, REPRESENTATIONS, CONDITIONS OR OTHER TERMS RELATED TO THE HP GO SERVICES OR CONNECTIVITY PROVIDED BY THE OPERATORS, AND DISCLAIMS ALL TERMS NOT EXPRESSLY CONTAINED HEREIN, WHETHER WRITTEN OR ORAL, CONTRACTUAL, EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO MERCHANTABILITY, QUALITY (INCLUDING ANY WARRANTIES AS TO LATENCY AND THROUGHPUT), NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
f) HP is not responsible in any way for any mobile telecommunications systems or networks infrastructure, which it does not own and operate and in particular for the network of the Operators. Therefore, HP is not liable for the acts or omissions of other providers of telecommunication services (including suspension or termination of HP connections and/or contracts with any Operator, or for faults in or failures of their apparatus or network, and in general for any other technical reason attributable to Operator's network or telecommunication service provider.
g) You acknowledge that HP has no control over the information or content accessed via use of the Hp Go Services and that HP does not examine the use of such information or the nature or the source of the information. You acknowledge that You shall be solely liable for the content of the information and any other material transmitted by anyone using the Hp Go Services provided to You. You will also take all reasonable steps necessary to enforce compliance with these Terms of Service.
19. GENERAL TERMS AND CONDITIONS.
i. 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 PLAN, PROMOTION OR THE SERVICE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND/OR THE APPLICABLE HP PLAN (SUBJECT TO ANY APPLICABLE EARLY CANCELLATION FEE AND/OR NON-RETURN 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 SERVICES AND THIS AGREEMENT, 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 SERVICES AND/OR UNDER A 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.
ii. 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 Services 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 Services 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.
iii. 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 Services and the HP website 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.
iv. 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.
v. 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. Unless qualified in a given section, in the event of any conflict between this Agreement and the Supplemental Terms, the terms of this Agreement shall control.
vi. 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 Services, 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 Services (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 Devices to HP in the manner designated) will survive termination.
vii. 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.”
Country/Region : United States
- About Us
- Contact HP
- Careers
- Investor relations
- Sustainable impact
- Diversity, Equity and Inclusion
- Newsroom
- Tech Takes
- HP Store Newsletter
- HP Printables Newsletter
- Support
- Download drivers
- Support & troubleshooting
- Community
- Authorized service providers
- Check repair status
- Fraud alert
- Security Center
- HP Partners
- HP Amplify Partner Program
- HP Partner Portal
- Developers
- Stay connected
©2025 HP Development Company, L.P. The information contained herein is subject to change without notice.
Country/Region :
United States
Select Your Country/Region and Language
- Africa
- Afrique
- América Central
- Argentina
- Asia Pacific
- Australia
- Bangladesh
- België
- Belgique
- Bolivia
- Brasil
- Canada
- Canada - Français
- Caribbean
- Česká republika
- Chile
- Colombia
- Danmark
- Deutschland
- Ecuador
- Eesti
- España
- France
- Hong Kong SAR
- Hrvatska
- India
- Indonesia
- Ireland
- Italia
- Latvija
- Lietuva
- Magyarország
- Malaysia
- México
- Middle East
- Nederland
- New Zealand
- Nigeria
- Norge
- Österreich
- Pakistan
- Paraguay
- Perú
- Philippines
- Polska
- Portugal
- Puerto Rico
- România
- Saudi Arabia
- Singapore
- Slovenija
- Slovensko
- South Africa
- Sri Lanka
- Suisse
- Suomi
- Sverige
- Switzerland
- Türkiye
- United Kingdom
- United States
- Uruguay
- Venezuela
- Việt Nam
- Ελλάδα
- България
- Казахстан
- Србија
- Україна
- ישראל
- الشرق الأوسط
- المملكة العربية السعودية
- ไทย
- 中华人民共和国
- 臺灣 地區
- 日本
- 香港特別行政區
- 한국
©2025 HP Development Company, L.P. The information contained herein is subject to change without notice.