TechOmize Terms of Service
THIS LEGAL AGREEMENT BETWEEN YOU AND TechOmize GOVERNS YOUR USE OF THE TECH SERVICES PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “PURCHASE” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU HAVE AGREED TO A MONTHLY SUBSCRIPTION PLAN THERE IS A MANDATORY EARLY TERMINATION FEE OF $99 THAT WILL BE CHARGED TO YOU IF YOUR SUBSCRIPTION PLAN IS CANCELLED BEFORE THE TERM AGREEMENT HAS ENDED. ADDITIONALLY, ANY MONTHLY OR ANNUAL PLAN SUBSCRIBED TO ARE AUTOMATICALLY RENEWED, UNLESS A “STOP RENEWAL” EMAIL IS EMAILED TO THE STOPRENEWAL@TechOmize.COM AT LEAST 14 DAYS BEFORE THE RENEWAL IS TO TAKE PLACE. IF NO EMAIL IS SENT RENEWAL WILL TAKE PLACE & REGULAR TERMS & CONDITIONS WILL APPLY. FOR FIX & GO PLANS THERE IS NO REFUND. ALL SERVICES ARE A BEST EFFORT & ARE NOT GUARANTEED.
These terms and conditions (these “Terms” or this “Agreement”) became effective beginning December 5th, 2011.
These Terms, together with any other policies or guidelines referenced herein, constitute the contract between you and TechOmize (“TechOmize”) regarding your access to and use of the TechOmize service- including all technical support, advice, servicing and software provided as part of the service (collectively, the “Service”). These Terms govern your purchase and use of the Service, whether provided through a telephone agent or via the Internet through the TechOmize website located at https://TechOmize.com/ (“Site”) or by an on-site technician. By registering for or using the Service, you agree to these Terms.
Changes to these Terms of Service
These Terms may be amended by TechOmize and you will be notified on the Site of any such amendment. You can review the most recent version of these Terms at any time on the Site. Your use of the Service after the posted effective date of any revised Terms constitutes your acceptance of those revised terms.
Description of Service
The goal of the Service is to provide you certain technical support services remotely over the Internet and by phone (“Remote Services”). The TechOmize technicians (“Service Technicians”) will make reasonable attempts to assist you with the software, hardware and network troubleshooting, installation, configuration, set-up and other technology matters that are specifically included in the Service you register for. Where available, the Service also makes available on-site technical assistance for a separate charge.
The Service may also include remote computing or data storage capabilities, such as computer data storage, remote access to stored data, collaboration capabilities, and related services.
TechOmize reserves the right to change or modify the specific service offerings included within the Service.
The Service does not include assistance with computer programming or programming development support. The Service is not a hardware or software warranty or repair service. TechOmize will not fix or replace broken equipment as part of the Service.
No Guarantee of Results or Response/Appointment Times
TechOmize does not guarantee any results. If our Service Technicians are unable to assist you with a particular request after making a reasonable effort to do so, you will still be responsible for time spent in trying to assist you.
We will make reasonable efforts to respond to a service request within a reasonable time or within the response time described under an applicable Service, whichever occurs first, but we do not guarantee that a response will be provided within a specific time period. Specifically, although we will make reasonable efforts to accommodate your service appointment needs and keep those service appointments, there is no guarantee that we will be able to do so.
Supported Products
You hereby acknowledge and agree that the Service covers only the software, hardware and peripherals specifically listed in the product description for that Service on the Site. Please note that the list of supported software, hardware and peripherals associated with that product description, or any other aspect of the Service, is subject to change and may be modified at any time.
Customer Authorization of Remote Access; Customer Cooperation
By registering for the Service, you agree to allow our Service Technicians to use the tools they deem necessary or advisable to perform the Service, including obtaining remote access to your computer and related network and peripherals during your service session.
If our Service Technicians advise you to take such preliminary steps as buying cables or cords, acquiring software, etc., they will create and keep a ticket open for you so that it can be referenced again when you are ready to go to the next step. If you cannot pursue the recommended course of action, our Service Technicians will consider the ticket closed.
Limitations on Use of Service
No Resale or Use outside of Your Business
The Service cannot be directly or indirectly resold or otherwise made available by you to others and they cannot be made available to anyone outside of your home or business. Specifically, only you and your employees (if a business) may access the Service.
Prohibited Uses
The Service is not intended for direct or indirect use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines or other activities in which the failure of the Service to attain a desired result, or to do so within a certain period of time, could lead to death, personal injury or physical or environmental damage.
Appropriate Conduct
Through our Service Technicians, we offer a personal service that we believe can be a valuable resource for helping you to address your technical questions and difficulties. In providing that personal service, we require our Service Technicians to be courteous and respectful, and we expect the same of you. We reserve the right to terminate a support session or your account as a result of offensive discourse or behavior.
Limitations on Availability of Service
Minimum system requirements. TechOmize reserves the right to refrain from providing any or all requested Services on the basis that minimum system requirements are not met, or if technical conditions or customer requirements are beyond the scope of Services as determined by TechOmize or its third-party service provider.
Technical limitations. Some customers may not be able to receive the Service if initial testing shows that their computer environment is not suitable for remote access. Further, our Service Technicians may not have access to the necessary proprietary information from vendors, manufacturers and developers necessary to assist with a specific technical matter. Our ability to provide assistance may also be limited by other matters outside of our control, such as software or hardware errors not yet resolved by the applicable hardware or software manufacturer.
Maintenance. We may, at any time, without notice or liability, restrict or suspend the Service in order to perform maintenance activities and to maintain session control.
TechOmize’s Use of Independent Contractors to Provide Services
TechOmize or its affiliates may contract with one or more independent contractors (also referred to herein as “third-party service providers”) to provide some or all of the Service. You acknowledge and consent to the provision of some or all of the Service by one or more independent contractors engaged by TechOmize or its affiliates for such purposes. In this Agreement, references to “we”, “our Service Technicians”, the “Service”, and services provided by “us” or “TechOmize”, refer both to TechOmize and to such independent contractors and their technicians and the services provided by them under such engagements by TechOmize or its affiliates.
Software
In connection with the Service, one or more of our third-party service providers may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned or licensed by such third-party service provider, and which may be provided free or for a fee (“Provider Software”). You acknowledge and agree that you may be required to install and download Provider Software pursuant to the terms and conditions of an end user license agreement in order to permit some or all of the Service to be provided to you. Provider Software is required for all Remote Services.
From time to time, you may be required to download and install updated or replacement Provider Software to keep your Service working properly. TechOmize will notify you of all such required updates and replacements, and you agree to perform the required download and installation or have them performed by our Service Technicians. Any failure to download and install Provider Software when required (including any updates and replacements) may result in loss of data or other adverse consequences.
You understand and agree that the Service does not include free upgrades of existing software, operating systems, or applications. Furthermore, use of this Service does not constitute a license to use software, applications or equipment from TechOmize. TechOmize does not provide any such upgrades or licenses through this Service. However, as part of the Service, you may request our Service Technicians to assist you to, or they may suggest that you, acquire, install and use certain third-party software.
All third-party software, including Provider Software (collectively, “Third-Party Software”), whether or not required to permit some or all of the Service and whether or not suggested by our Service Technicians, is licensed to you by the respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third-Party Software, regardless of whether our Service Technicians assist you in the acquisition, installation, and/or use of Third-Party Software, because your use of Third-Party Software is governed by the terms of the end user license agreement between you and such owners or licensees.
Please note that TechOmize grants no rights to any Third-Party Software and does not make any representation or warranty regarding any Third-Party Software. Furthermore, please remember that it is your responsibility to comply with the terms and conditions under which you licensed such Third-Party Software. We make no warranty that we are an authorized service provider for any Third-Party Software or for any computer hardware or other equipment; it is your sole responsibility to determine if you require additional rights for us to provide technical support for any Third-Party Software or computer equipment, and if so, to acquire such rights.
Your Responsibility to Preserve and Protect Computer Data, Software, and other Electronic Files
You understand and agree that it is your sole responsibility to back up and protect all data, software, information and other files stored in any manner on your computer, peripherals, smart-phone or other applicable hardware prior to a service appointment with a Service Technician. If our Service Technicians work with you on any password or other access issues (in connection with support services or Backup and Go), we strongly recommend that you reset such passwords(s) or access feature(s) immediately. TechOmize and its third-party service providers shall not be responsible at any time for any security, loss, alteration, or corruption of any of your software, systems, data, or files.
You acknowledge that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. You also acknowledge that TechOmize cannot and does not guarantee or warrant that data, software, or other electronic files that may be provided, suggested, accessed or otherwise available for download in connection with the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties.
Your Responsibility to Obtain Internet and Telephone Connections
You are solely responsible for acquiring and maintaining the Internet and telecommunications services and devices required to access and use the Service. The Service does not include Internet, telephone, cellular-wireless, wire line or other connectivity services.
Your Responsibility for Users under your Account; Limitation to Employees
You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts associated with your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts or sub-accounts, with or without your permission. You also agree that only you and employees of your business may use the Service for which you are registered.
Representations by You; Binding Nature of this Agreement on Your Business
You represent that you are and will remain a legal license holder or licensed user of the software on your equipment. You further represent that you are and will be the owner or lessee of any hardware or network devices that you may request our Service Technicians to assist you with in association with the Service.
Any individual who purchases the Service on that individual’s own behalf or on behalf of a business must be an adult of at least 18 years of age, and, if purchasing the Service as a representative on behalf of a business, must be an authorized representative of that business. By agreeing to these terms, you agree that these Terms constitute a valid and binding obligation on the user of the service, whether that is you, or you and the business you represent. All references to “you” and “your” herein shall refer to such business (and any entity that operates that business) as well as you, individually. PLEASE NOTE THAT INDIRECT, ATTEMPTED, OR ACTUAL VIOLATIONS OF THESE TERMS, BY YOU OR ANY OTHER PERSON USING YOUR USERNAME AND PASSWORD SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
All information that you provide in connection with the Service must be accurate, including your name, address, credit or charge card numbers, expiration dates or any other required payment information. You further represent that you are authorized to pay charges using the credit card account or, as applicable, the TechOmize wireless or local telephone bill at the billing address that you provide for Service charges.
Privacy; Your Compliance with Applicable Laws
Your account information is subject to TechOmize’s privacy policy, found at http://www.TechOmize.com/privacy. Use of the Service by you or your users is also subject to applicable local, state, national and international laws and regulations, including, without limitation, federal and state privacy laws. You agree to comply with such laws and regulations, including without limitation obtaining any user consents that may be required.
Acceptable Use; Compliance with Legal Process
Use of the Service is subject to TechOmize’s Acceptable Use Policy, found at http://www.TechOmize.com, which is hereby incorporated herein by reference. You agree to abide by the Acceptable Use Policy in connection with the Service. Violations of the Acceptable Use Policy may result in termination of your ability to use the Service, and may give rise to legal remedies and other adverse consequences to you.
TechOmize and its third-party service providers may access, use, and disclose transaction information and any content provided by or concerning you to comply with the law (e.g., a lawful subpoena) based on TechOmize’s reasonable judgment that disclosure is legally required; to initiate, render, bill, and collect for the Service; to protect TechOmize’s rights or property; or to protect users of TechOmize’s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any aspect of the Service.
Pricing and Payment
Methods of Payment
Charges for the Service may be billed via a monthly TechOmize bill or to a credit card you provide.
Service Options and Pricing
The applicable prices for the TechOmize service options are available on the Site (other than separate pricing for on-site technicians). Service options may include one-time services, Service Package subscriptions and Fix & Go packages. From time to time we may offer additional service and pricing options, some of which may be offered on a limited-time or trial basis. If any additional service or pricing options become available, your purchase and use of the applicable services will be governed by these Terms. Unless otherwise expressly stated on the Site, the price you pay for any service option (other than Fix & Go) applies only to a single computer, which you must register when you purchase the Service. You may purchase service options for additional computers. Unless otherwise expressly stated on the Site, any Service we provide is offered only in connection with the computer or computers you have registered with us. Support for “peripherals” does not include support for smart-phones unless otherwise expressly stated. In the event that we offer service options for smart-phones, each service (and related pricing) option applies only to a single, registered smart-phone.
One-Time Services
One-time support services are available for purchase. Any one-time support service option that is purchased must be used on or before the date that is 12 months from the date of purchase. For one-time services (only), you may request additional service at no charge during the five (5) days after an initial remote service appointment for the same problem addressed during the initial service appointment if it recurs, but no such assistance shall be provided without an additional charge after such five (5) day period.
Service Package Subscriptions
One (1), two (2) or three (3) year term subscriptions are available on a per-computer basis. A purchased service package subscription (“Service Package”) may only be used for a registered computer. Unless otherwise specifically stated, the minimum term for a Service Package subscription is one (1) year, and your subscription (and this Agreement) will renew automatically on a month-to-month basis after the original term of your subscription, unless you give us prior written notice. The renewal price will continue to be the same as the pricing under your expiring term subscription, unless otherwise specified in a written agreement or unless we notify you in advance. A PC Tune-up is included in each Service Package (other than in a Fix & Go Subscription Package), and the charge for the PC Tune-up (i) is discounted from the stand-alone PC Tune-up rate, and (ii) is billed on a non-recurring basis in the first bill after the subscription date (unless stated otherwise in the terms and conditions for a specific Service Package). PC Tune-up is a remote service in which our technician helps you identify and remove existing spyware and viruses, and helps optimize your computer to keep it running at peak performance. If you terminate the subscription prior to the end of a one (1), two (2), or three (3) year subscription term, you will be charged an early termination fee as detailed below. Billing for the Service commences when you initially order the Service. Ongoing monthly fees and charges will be charged to your credit card approximately one month in advance.
Fix & Go Packages
Fix & Go Packages are a 1 time remote session correction of your PC or PC related technology. Fix & Go Packages give you 5 days of remote support. For any purchase of Fix & Go, you will be charged in advance for the full cost of the service. The full cost will become non-refundable once you have been on the phone with our computer techs. You get 5 days to call us back regarding the same issue & we will attempt to resolve that again. Fix & Go can be used any time during the 5 day period following the date of purchase and expire at the end of such 5-day period.
On-Site Services
TechOmize SM On-Site Services are technical support services that are provided at the customer premises. On-Site Services offered include:
(1) On-Site Wireless Internet Set-up
(2) On-Site PC Tech Appointment
(3) On-Site Network Tech Appointment
(4) On-Site In Building/3G Microcell Install.
On-Site Wireless Internet Set-up includes:
(1) setting up and configuring a wireless (Wi-Fi) Router/Gateway to available broadband Internet connection;
(2) enabling secure connection for up to 4 devices such as PCs, printers, tablets or smart-phones to the wireless Router/Gateway;
(3) arranging file and printer sharing for those 4 devices
(4) Assisting with installation, configuration and set-up of a wireless 3G laptop card, on one or more of those 4 devices; and
(5) setting up VPN software or security software for up to two of those devices. Please note that, the devices to be connected are expected to be powered up and functioning prior to the appointment; however, the technician will assist with up to two devices being setup new out of the box.
On-Site PC Tech Appointment provides 2 hours of PC Technician time to perform technical support functions such as: physical setup of one PC or Mac, including monitor, keyboard, mouse, webcam and speakers; installation of one peripheral device, like a printer or scanner; customization of basic configuration and settings; installation of one new software package (software to be provided by the customer); setup of Ethernet or Wireless Access to Internet (customer provided connection) on the computer and verify browsing; performance of basic testing for proper computer functioning; installation of additional peripheral devices; data migration from old PC or Mac to new PC or Mac; performance of basic computer diagnostics/removal of viruses/spyware; assistance with data back-up; setup of Ethernet and Email Account; and, installation of Workstation applications. Additional PC Technician time may be purchased prior to or during an appointment in one hour increments.
On-Site Network Tech Appointment provides 2 hours of Network Technician time to perform technical support functions such as: configuration and setup of Business Class Routers (e.g. Cisco 1800, 2800, 3800 series); assignment of IP addresses and configuration of Local Area Network (LAN) side of router; configuration of DSHCP, NAT, DNS, etc.; testing of end-to-end connectivity from end-points (computers, peripherals, other devices); configuration and setup of both Ethernet and Wi-Fi on LAN side; configuration and setup of Security Device Manager; configuration and setup of VPN connectivity as desired; configuration and setup of firewall; assessment of small office/home office Microsoft network design and layout; and, simple baseboard cabling for a small office/home office. Additional Network Technician time may be purchased prior to or during an appointment in one hour increments. Please note that technical support functions performed by the Network Technician do not cover issues related to your external Wide Area Network (WAN) connection (including to router).
On-Site In Building/3G MicroCell Installation includes set-up and installation of a 3G MicroCell, online activation of MicroCell, and configuration, power up and positioning of Microcell for 3G connectivity to devices within range. Please note that a 3G Microcell installation requires that you have available at your location: (1) the TechOmize 3G Microcell equipment and associated cables and (2) a working router/gateway broadband Internet connection with an available Ethernet port within six feet of the anticipated placement of the 3G microcell. In any event, you must have available sufficient Ethernet cable to allow for placement of 3G Microcell equipment within 3 feet of an outdoor window, if an outer wall window is more than 6 feet from the router/gateway. Failure to comply with these requirements may result in a $75 site not ready charge and the need to schedule a new installation appointment.
Additional Future Service Options
We may offer additional or different service options (including pricing options) in the future. If we do, the details of those service options, including their stated pricing, payment and durational terms, will automatically be incorporated into these Terms without the need for any action on your or our part, and those service options will be governed by these Terms. For example, we may offer a pre-paid support service for smart-phones.
General
Charges for the Service may include subscription plan charges, activation fees, hourly charges, Fix & Go, minimum service fees, no-show fees, failure to cancel fees, early termination fees, set-up fees and other non-recurring charges, and all applicable taxes. Upon request, TechOmize can provide you a statement itemizing the services and fees that correspond to the charges billed to your account. You must notify TechOmize in writing if you intend to discontinue the Service or change the credit card or telephone account to which your Service charges are billed. TechOmize is not responsible for any fees or charges that you may incur as a result of charges posted to a closed credit card account or a discontinued credit card account number. Please note that TechOmize does not accept debit cards for payment of any charge or fee in connection with the Service.
Credit Card and Account Billing
You agree that TechOmize or its agent will charge the credit card or checking/saving account you provide for all fees and charges associated with the Service, and you agree to pay the applicable credit card or checking/saving account charges according to the applicable account terms and conditions. You authorize TechOmize or its agent to automatically continue charging your credit card (or any replacement credit card if the original card is renewed, lost, stolen or changed for any reason by the credit-issuing entity, and TechOmize is informed by such entity or you of a replacement account) or phone account for all fees and charges associated with your use of the Service.
TechOmize reserves the right to decline to accept a credit card or TechOmize, and may either request a different credit card (or checking / saving account) for billing, or decline to complete your order. Service to you may be denied, suspended or discontinued without notice at any time if your credit card or checking/saving account, put on hold, or becomes inactive, or if the date on your credit card expires and you have not provided us with updated information for an active account prior to such expiration, or if your credit card provider denies or discontinues providing payment to us, or if you otherwise fail to make payment to us when due.
TechOmize may, at any time, with advance notice by email or other means of communication, change the amount of or basis for determining any fee or charge or institute new fees or charges for the Service. If fees are charged on an hourly basis, any estimate given to you of the required service time is an estimate only and not a cap on the fees that will be actually incurred. All fees and charges are payable in accordance with pricing and billing terms in effect at the time the fee or charge becomes payable. All amounts are stated and payable in U.S. Dollars.
If any portion of your bill is not paid by the due date, TechOmize may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be $9.99. In the event TechOmize utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees. TechOmize reserves the right to charge service fees and other charges to a customer’s credit card or checking/saving account, as applicable, up to eight (8) weeks after the end of the calendar month in which the corresponding service was concluded or the corresponding charge was incurred.
Additional Terms Related to On-Site Services
The following terms apply for all TechOmize On-Site Services, except as noted otherwise under specific categories or service offerings. If there is a conflict between terms for a specific On-Site Service and terms for all On-Site Services, the terms for the specific On-Site Service control.
Service Availability & Appointments
On-Site Services is available 7 days a week with appointment hours each day, 8 am to 6 pm local time, excluding holidays. For appointments scheduled to deliver On-Site Services on Saturdays and Sundays, you will be billed an additional expedite charge of $75.00 per incident. Appointments are generally available 48 hours from time of scheduling. Appointments must be within 365 days of purchase. If an appointment is not scheduled for a date within 365 days of purchase, the service will automatically expire and you will not be eligible for a refund. Under normal conditions, you should expect our technicians to arrive at your premises within 2 hours of the scheduled appointment time.
Appointment Changes or Cancellations
You must provide at least 24 hours advance notice of any cancellation or rescheduling request for your appointment; otherwise, you may be charged a $75 cancellation/rescheduling charge, at TechOmize’s sole discretion. Rescheduling and cancellation, including refund of payment for unused service, are subject to the “Service Availability & Appointments” provisions, above.
Service Coverage
Service is available in all 50 states and Washington D.C., although not available in all parts of all states. Travel charges may apply depending upon your service location, and may vary depending upon distance travelled and travel time of the service technician. However, if travel charges apply, you will be advised of such charges prior to technician dispatch. If you have questions about travel charges, you may call 1-855-520-1913 for information. TechOmize reserves the right to change coverage and services offered at any time, and TechOmize expressly reserves the right to deny service for any or no reason without liability or penalty, except as expressly stated in this Agreement.
Third Parties
TechOmize reserves the right to deliver all services via independent and authorized third party service representatives and technicians.
On-Site Service price is for one trip and for a total on-site duration of 2 hours
Additional charges may be incurred for multiple trips or additional service time. For appointments that take longer than 2 hours, you may be billed for the additional time, which is billed in one-hour increments. The clock for the appointment time starts when the technician begins the technical service work, typically within 15 minutes of the technician arriving at your location.
Access
TechOmize’s technician must have 1) timely access to your business site and to the computer(s) peripheral(s) and/or routers to be serviced, 2) consent and cooperation to enter your business site or home office from you or your authorized representative, 3) a safe working environment and work space, and 4) electrical power. If the TechOmize technician determines that these conditions have not been met, service may be denied; if service is denied, a $75 missed appointment/site not ready charge will be assessed.
Safe Working Environment
You must ensure that the location at which TechOmize provides Services is a suitable and safe working environment, free of Hazardous Materials. “Hazardous Materials” means any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. TechOmize does not handle, remove or dispose of Hazardous Materials, and TechOmize has no obligation to perform work at a location that is not a suitable and safe working environment. If TechOmize encounters any Hazardous Materials at your location, it may terminate or suspend Service, and you may be assessed a $75 site not ready charge. TechOmize will not be liable for any Hazardous Materials.
Service Authorization
For all On-Site Services, a person at least 18 years of age and authorized to sign the work order on behalf of the business must be present during the entire time period services are provided. If no adult is present, services will be denied and a $75 missed appointment fee or cancellation charge will be assessed.
On-Site Services do not include furniture set up
TechOmize technicians will not be held responsible for moving any equipment, furniture, valuables, or any other customer-owned items. TechOmize technicians will not, under any circumstances, move, alter, or install electrical outlets. It is recommended to have necessary electrical work performed prior to any service; failure to do so may result in delays and additional charges. TechOmize will not be responsible for damages resulting from any customer-provided parts (for example, cables, brackets, storage drives, memory cards, etc).
Force Majeure
If TechOmize and/or its third-party service providers ability to provide services is impaired by circumstances beyond the control of TechOmize or its third-party service provider, including but not limited to road or traffic conditions, weather, natural disasters, strikes, or other causes, TechOmize or its third-party service provider may choose not to provide services.
Labor Guarantee
All labor purchased from TechOmize will have a 30-day labor guarantee from the date of service. This guarantee is provided to the original purchaser and applies only to work performed at the original service event. Any modification of system, software, computer hardware, routers or other covered equipment will void this guarantee. The labor guarantee does not apply to water or physical damage, to electrical surges or damages from foreign objects (including, but limited to, insects or rodents).
Minimum Computer System Requirements for On-Site Services
(1) Computer(s) must be in working condition and available on-site at time of installation service;
(2) Operating system(s) must be Microsoft Windows® XP/XP Pro, Windows® Vista, Windows® 7, Windows® 8, Apple OS 10.3® (or higher) and all operating systems must be English versions only;
(3) Operating system and/or ISP passwords must be available;
(4) Operating system disks and key codes must be available; and
(5) Software and peripheral hardware must be compatible with computer configuration.
High-speed Internet access must be available for services requiring Internet access.
Only owner-licensed software will be installed or re-installed by an TechOmize technician. Specialty installations, including but not limited to enterprise software or hardware, structured cabling/wiring, or customer configurations, are excluded.
It is your responsibility to back up all software and data on your computer’s hard drive(s) and/or any other storage devices prior to every appointment. TechOmize and/or its third-party service provider shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. TechOmize can provide options for back up service at an additional charge.
TechOmize will make reasonable efforts to help recover your data from any virus/worm or spyware/malware that may be evident on your computer; however, it is your responsibility to provide proper and updated protection from further contamination.
On-Site Service as a follow-up to Remote Service
(1) Charges: Special rates apply to situations where after a remote technical session; our service technician determines that the problem cannot be resolved remotely and requires an on-site visit for further troubleshooting and fixing. For those cases, on-site support is available for a flat fee of $149 per hour. You must provide at least 2 hours advance notice prior to cancellation of this follow-up On-Site Service; otherwise you may be charged a $75 cancellation/rescheduling charge, at TechOmize’s sole discretion.
(2) All other provisions relating to On-Site Service apply to this follow-up Onsite Service.
Copyright Policy
If any person or entity believes that such person’s or entity’s work has been copied and posted, stored or transmitted using Backup and Go in a way that constitutes copyright infringement, such person or entity should submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) in accordance with the process detailed and directed to the designated agent listed below:
TechOmize’s Designated Copyright Agent for notice of claims of copyright or trademark infringement can be reached as follows:
Designated Agent: Manager of Security & Copyright Infringement
2121, Richmond Road, Suite 206
Lexington, KY 40502
Phone: 1-855-520-1913
E-mail: support@techomize.com
TechOmize or its service provider reserve the right to delete any Files posted, stored, or transmitted, if it is believed that such Files contain infringing material. Moreover, TechOmize will terminate any back up services account of any subscriber that is determined under TechOmize’s policies or practices to be a repeat infringer.
Terms and Termination
If you terminate a monthly service package you will be charged an early termination fee of $99.
Effective Date and Term
This Agreement goes into effect upon your registering for the Service and continues, subject to the terms of this Section, until (a) the completion of the one-time service you have purchased, (b) usage or expiration of all Fix & Go time purchased, (c) termination of your Service Package subscription, (d) termination of your Fix & Go subscription or (e) termination by either party as expressly permitted by this Agreement. You may terminate a Service Package (including a Fix & Go subscription) package by writing to TechOmize Billing Department, 1385 Stonycreek Road Suite D. Troy, OH 45373, or calling one of our representatives at 1-855-520-1913 (the “Notice Methods”).
Termination of Service Package
If you terminate a Service Package with a term commitment, you will be charged an early termination fee equal to $99. If service to you is discontinued as set forth in the section entitled “Credit Card and checking/saving Account Billing”, such circumstance shall be deemed your termination of the Service Package and the early termination fee shall apply. If your Service Package term has expired and your Service Package has become a month-to-month subscription, you may terminate that subscription by providing us with 30 days prior notice using one of the Notice Methods, with such termination to take effect at the next end of the billing cycle after 30 days have elapsed from the date we receive your notice. You understand and agree that any software that you acquire and install as part of a Service Package subscription plan may cease to operate, update or function properly after termination of the subscription plan, and that your rights to use such software pursuant to the applicable end user license agreement may cease or become limited after such termination.
Termination of One-Time Services
You may terminate your order for one-time services up to two (2) hours before the scheduled appointment time.
Termination or Suspension by TechOmize
TechOmize may in its discretion terminate or suspend your Service without notice if:
(a) TechOmize believes that you have breached any of the terms or conditions (including, but not limited to, representations, warranties and fair and acceptable use provisions) of this Agreement or any license for Provider Software or Third-Party Software;
(b) TechOmize believes your use of the Service may be prohibited by law or may be disruptive to or adversely impact the Service, TechOmize ‘s or its affiliates or third-party service providers’ networks, or their use and enjoyment by other users;
(c) TechOmize or its third-party service providers become involved in any dispute concerning control of your Service account, or TechOmize or its third-party service providers receive an order from a court or government agency to terminate your Service;
(d) TechOmize for any reason ceases to offer the Service generally, or to offer the Service in your geographic area;
(e) TechOmize believes that you are abusing the Service or using the Service excessively; or
(f) there is reason to believe that you or someone using your account has been accessing or attempting to access restricted information or files to which you or someone using your account does not have legitimate access.
Disclaimer of Warranties
YOUR PURCHASE AND USE OF THE SERVICE—WHICH INCLUDES THE MONITORING, MAINTEANANCE, MANAGEMENT, SUPPORT, ADVICE, SERVICING AND SOFTWARE PROVIDED BY OUR SERVICE TECHNICIANS OR AUTOMATED TOOLS, ALONG WITH THE SITE—IS AT YOUR OWN RISK.
TechOmize MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; (ii) YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE FREE OF DEFECTS, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED; OR (v) ANY RESPONSE TIMES OR APPOINTMENT TIMES WILL BE MET BY TechOmize OR ITS SERVICE PROVIDERS.
TechOmize DOES NOT WARRANT THAT THE SITE, SERVICES OR ANY SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE SITE, SERVICES, OR THE SERVERS USED BY THE SITE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TechOmize IS NOT RESPONSIBLE FOR THOSE COSTS.
NO ADVICE, STATEMENT, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SERVICE TECHNICIAN OR OTHERWISE IN CONNECTION WITH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCEPT AS MAY OTHERWISE BE SPECIFICALLY PROVIDED IN THESE TERMS, ALL ASPECTS OF THE SERVICE ARE MADE AVAILABLE AND PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, TechOmize MAKES NO REPRESENTATION OR WARRANTY THAT TRANSMISSIONS WILL BE ERROR-FREE OR WITHOUT INTERRUPTION, OR ANY GAURANTEE REGARDING NETWROK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT,BACKED UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT TechOmize ‘S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMERS DATA AND CONFIDENTIAL INFORMATION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TechOmize AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR SAVINGS, DOWNTIME, CORRUPTION OR REPLACEMENT OF PROGRAMS AND DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES), EVEN IF TechOmize HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING OUT OF OR RELATING TO (A) THE USE OF THE SERVICE; (B) NEGLIGENT PERFORMANCE OF SERVICE , (C) THE CONTENT ON THE SITE; (D) WEB SITES LINKED TO THE SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN; (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE SERVICE OR INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICE; AND/OR (F) THE INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO INABILITY TO ACCESS THE SITE AND CONTENT CONTAINED THEREIN, IN THE CASE OF EACH OF THE FOREGOING CLAUSES (A) THROUGH (F), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT OR TORT, PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF TechOmize OR ITS AFFILIATES, AND THEIR THIRD-PARTY SERVICE PROVIDERS.
OUR TOTAL LIABILITY, IF ANY, ARISING OUT OR RELATED TO ANY ASPECT OF THE SERVICE, SHALL BE, AT TechOmize’S SOLE DISCRETION AND OPTION, TO (A) REPERFORM THE SERVICE, OR (B) REFUND THE CHARGES AND FEES PAID BY YOU, IF ANY, FOR THE SERVICE GIVING RISE TO A CLAIM, IF ANY. SUCH REMEDY IS EXCLUSIVE, AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL TechOmize OR ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY MORE THAN WHAT YOU PAID FOR THE SERVICE.
All limitations, disclaimers and rights stated anywhere in these Terms for the benefit of TechOmize also apply to TechOmize’s affiliates and their respective directors, officers, employees and agents, as third-party beneficiaries of this Agreement
LAWS IN SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION TITLED “LIMITATION OF LIABILITY” AND THE PRIOR SECTION TITLED “DISCLAIMER OF WARRANTIES” AND THE SECTIONS BELOW TITLED “APPLICATION OF THESE TERMS TO THIRD-PARTY SERVICE PROVIDERS, ETC.” AND “INDEMNIFICATION” WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Application of Terms to Third-Party Service Providers, Etc.
All limitations, disclaimers and rights stated anywhere in these Terms for the benefit of TechOmize also apply to TechOmize’s and its affiliates’ third-party service providers, licensors and other direct and indirect third-party service providers as third-party beneficiaries of this Agreement, without prejudice to any limitations, disclaimers and rights stated in any license or other agreement entered into between you and such third parties in connection with your use of the Service.
Intellectual Property Rights.
TechOmize and its third-party service providers shall retain all title, ownership rights, and intellectual property rights in and to the Services. The Services are protected by patent, copyright and other intellectual property laws. You agree not to take any action to jeopardize, limit, or interfere in any manner with TechOmize’s (or its third-party service providers’) ownership of or rights with respect to the Services. Except for the rights specifically granted to you in the Terms, all rights in and to the Services are reserved, and no implied licenses are granted by TechOmize.
Force Majeure
If our ability to render the Service is impaired by circumstances (including without limitation strikes or labor actions) beyond the reasonable control of TechOmize or its affiliates, or their direct or indirect suppliers or third-party service providers, we may choose not to provide some or all of the Service.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND RELEASE TechOmize, ITS PARENT, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY
(1) THE SERVICE
(2) CONTROL OVER AND USE OF YOUR ACCOUNT BY ANY PARTICULAR INDIVIDUAL(S)
(3) ANY BREACH OF THESE TERMS OR THE TERMS OF ANY LICENSE AGREEMENT
(4) THE STORAGE OR PROCESSING OF YOUR FILES (5) RESPONSES TO LITIGATION HOLD REQUESTS AND GOVERNMENT PROCESS CONCERNING YOUR FILES, AND
(6) ANY CLAIM OF MISAPPROPRIATION OR INFRINGEMENT OF A THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, IN THE CASE OF EACH OF THE FOREGOING CLAUSES (1) THROUGH
(7) INCLUDING WITHOUT LIMITATION LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT) OF TechOmize OR ITS AFFILIATES, AND THEIR LICENSORS, DIRECT AND INDIRECT SUPPLIERS, AND THIRD-PARTY SERVICE PROVIDERS.
Import/Export Control
You acknowledge that services and software (including, but not limited to, technical assistance) provided in connection with the Service may be subject to import, export, or data transfer laws, conventions or regulations, and any use or transfer of the software, personal data, or technical information must be in compliance with all such laws, conventions and regulations. You will not use the Service to distribute, transfer, or transmit any software, personal data, or technical information except in compliance with such laws, conventions and regulations. None of the Provider Software or any underlying information or technology included in the Service may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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.
Choice of Law; Jurisdiction
These Terms and the relationship between you and TechOmize will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Service must be brought exclusively in the state or federal courts located in Dallas County, Texas, unless a Texas mandatory venue statute applies to the dispute, in which case the Texas county of mandatory venue shall be the exclusive jurisdiction for such dispute.
Arbitration
a. TechOmize and you agree to exercise best efforts to resolve all disputes and claims between us through good faith negotiation. TechOmize and you further agree that any such dispute or claim that cannot be resolved by negotiations shall be resolved by binding arbitration administered by the American Arbitration Association (‘‘AAA’’) under its Commercial Arbitration Rules in effect at the time the dispute is submitted for resolution (the ‘‘Rules’’), as may be modified by this Agreement. This agreement to arbitrate is intended to be broadly interpreted.
b. Judgment on the award rendered by the arbitrator(s) may be entered in any court having proper jurisdiction. Such arbitration shall be held in the State in which the Services are billed. In the event you are billed by TechOmize for Services in of multiple states, such arbitration shall be held in State in which of your primary business. Within twenty (20) days of the issuance of a written notice to arbitrate by one party to the other, as provided by the Rules, the parties shall jointly select one (1) independent arbitrator licensed to practice law. If we cannot jointly agree on an arbitrator within the specified 20-day period, then the selection shall promptly be made by the AAA in accordance with the Rules and the criteria set forth above.
c. The Federal Arbitration Act, 9 U.S.C. §1, et seq., governs the interpretation and enforcement of this provision.
d. In no event shall the arbitrator have the authority to make any award that is in excess of, or contrary to, what this Agreement provides. Notwithstanding the foregoing, either party may bring an individual action small claims court.
e. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; furthermore, unless you and TechOmize agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If this specific provision is found to be unenforceable, then the arbitration provision shall be null and void.
f. YOU AGREE THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND TechOmize ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. TechOmize AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
General Information
These Terms, and any other policies or guidelines referenced herein, constitute the entire agreement between TechOmize and you in connection with the Service. These Terms supersede any prior or contemporaneous written or oral communications, proposals, representations and agreements between you and TechOmize with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, your account with respect to the Service, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred (unless such limitation is contrary to the public policy of a particular state, in which case the applicable limitations period shall be the shortest limitation period permissible under that state’s law). The failure of TechOmize to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If you violate any of these Terms, TechOmize may in its sole discretion terminate or suspend your access and use of the Service immediately without notice. You agree that TechOmize shall not be liable to you or any third-party for any termination of your access to the Service. TechOmize may, but you may not, assign rights or obligations under the contract embodied by these Terms.