THIS TERMS OF SERVICE (the “Agreement”) as well as the Support Plan selected by You (“You” or “Subscriber”) when You register for the SupportSquad remote technical support services (the “Services”) constitutes the entire agreement between You and SupportSquad, LLC (“SupportSquad”) regarding the Services. Please read this Agreement carefully as it sets forth important terms and conditions regarding Your use of the Services and SupportSquad’s obligations to provide the Services to You.
In order to register for the Services, You acknowledge that You have agreed to all of the terms of this Agreement and that You have agreed to become a party to, and be legally bound by, this Agreement.
If You have any questions regarding this Agreement, please contact webmaster@supportsquad.com. This Agreement was last revised on March 10, 2010.
1. Description of the SupportSquad Services. Subject to the terms and conditions set forth herein and the specifics of each Service Plan <SupportSquad.com>, SupportSquad provides remote technical support to consumers of personal electronics via telephone, on-line chats, and email. The products that are supported by SupportSquad (the “Supported Products”) and the Services are described in detail on the SupportSquad website <SupportSquad.com>. Services will be provided by SupportSquad’s technical support engineers (“TSEs”) using commercially reasonable efforts to solve problems that arise in connection with Subscriber’s proper and authorized use of the Supported Products. In order to facilitate the provision of the Services by SupportSquad to Subscriber, it may be necessary for the TSE to access the Subscriber’s computer system remotely via Remote Computer Control (“RCC”) in order to diagnose errors, make required adjustments and corrections to configuration, and administer the system as necessary. By accepting this Agreement, You hereby consent to the use of RCC by SupportSquad TSEs.
2. Subscriber’s Obligations. You acknowledge and agree that most, though not all, issues can be corrected through close cooperation between the TSE and the Subscriber. In order to facilitate the prompt resolution of support issues, Subscriber shall provide to SupportSquad reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist SupportSquad in its efforts to diagnose and correct problems. Subscriber shall listen carefully to the TSE at all times and follow the instructions issued by the TSE. Subscriber represents and warrants that it has working knowledge of its hardware system, any relevant software, and the facts and circumstances that give rise to a support incident. Subscriber shall ensure that the full system, including software and hardware, is available and accessible to Subscriber during a support session. SupportSquad shall not be responsible for any lost or corrupted software or data. It is Subscriber’s sole responsibility to ensure the maintenance of a complete data backup and disaster recovery plan.
3. Limitations/Exclusions. SupportSquad shall have no obligation to support:
5. Fees. You hereby authorize SupportSquad to charge the credit or debit card that You provide at registration for the monthly fee associated with Your Service Plan (the “Monthly Fee”) as it accrues on a monthly or other recurring basis as specified in your registration form. Except for the Monthly Fees paid prior to the expiration of the thirty-day trial period specified in Section 6(b), all Monthly Fees are non-refundable. You must notify Support Squad of any changes to Your credit or debit card account (including, without limitation, applicable account number or cancellation or expiration of the account), Your billing address, or any information that may prohibit SupportSquad from charging Your account. If SupportSquad is unable to collect the Monthly Fee from Your credit or debit card, SupportSquad shall provide You with written notice of such non-payment and may, at SupportSquad’s option, extend the payment deadline to allow You to provide an alternate credit card number. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by SupportSquad. In the event of collection enforcement, You will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other applicable taxes, other than taxes based on SupportSquad's net income.
6. Term and Termination. (a) Term. Unless earlier terminated pursuant to the provisions of this Section 6, this Agreement shall be effective upon registration and remain in effect for the term (the “Term”) You selected at registration. Upon expiration of the Term, your subscription to the Services shall automatically renew on a monthly basis and Your Credit Card will be charged at the prevailing Monthly Fee for the Service Plan You selected at registration. If You would like to opt out of ‘Auto Renewal’, You must call (1-800 –225-8568) or email customer service at least 30 days prior to the end of the Term. (b) Thirty Day Trial Period. The first thirty (30) days of the Term shall be considered a trial period (the “Trial Period”). During the Trial Period, You may terminate this Agreement without cause immediately upon written notice to SupportSquad in exchange for a refund of any Monthly Fees paid prior to termination less handling charges. You agree that if You cancel Your subscription following the expiration of the Trial Period and before the end of the Term, You will pay the early termination fee associated with Your Service Plan. (c) Termination for Cause. SupportSquad may terminate or suspend Your Support Plan immediately without notice if, in the sole discretion of SupportSquad: (a) You are in breach of This Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) Your use of the Services is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, SupportSquad's network, or the use and enjoyment of other SupportSquad subscribers; (d) SupportSquad ceases to offer the Services for any reason or (f) SupportSquad determines that You are abusing the Services. SupportSquad shall incur no liability resulting from terminating or suspending Services to Subscriber.
7. Personal Use Only. SupportSquad provides the Services for Your personal use and internal business purposes only to address the issues and Supported Products covered under your Support Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Services.
8. User Name and Password. When you subscribe to the Services You will receive a user name and password. You must keep Your user name and password confidential and not share or transfer Your use of or access to the Services with or to any third parties. You will be responsible for all activity that occurs under Your password, including any damages resulting from the unauthorized use of Your password. If You have reason to believe that Your account is no longer secure, You must promptly change Your password by updating Your account information, and immediately notify our customer service department by email at support@SupportSquad.com or by telephone at 1-800-225-8568. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
9. Fair Use Policy; User Conduct. Your use of the Services is subject to SupportSquad’s "fair use" policy pursuant to which SupportSquad may suspend or terminate Your access to the Services if in SupportSquad’s sole discretion, You are abusing the Services by (i) exceeding the level of use reasonably expected from someone using the relevant Support Plan; or (ii) fraudulently allowing persons other than Subscriber to access the Services using Your Password. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Monthly Fees. You are solely responsible for the contents of Your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
10. Disclaimer of Warranties. The Services shall consist of commercially reasonable technical support. Subscriber agrees that the use of the Services is at Subscriber’s sole risk and that the Services are provided on an “AS IS” and “AS AVAILABLE BASIS. SupportSquad makes no express or implied warranties or representations with respect to the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). SupportSquad does not warrant that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does SupportSquad make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. SupportSquad provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your communications, data, or personalization settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
11. Limitation of Liability. Neither SupportSquad, nor its parents, subsidiaries, affiliates, officers or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use the Services or INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, Data or other intangibles, In any manner, however caused and on any theory of liability, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total and aggregate liability of SupportSquad for any cause of action related to or arising under this Agreement exceed $5.00. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services.
12. Indemnification. You agree to immediately notify Company of and indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services, (including the unauthorized use of Your account or any other breach of security known to You), the violation of this Agreement by You, or the infringement by You, or another user using Your computer, on any intellectual property or other right of any person or entity.
13. Incorporation of Terms of Access and Privacy Policy. You agree to follow and be bound by all of the terms and conditions contained in the Terms of Access and Use, which bind all users of the SupportSquad website and are incorporated into and made a part of this Agreement by this reference. You may view the Terms of Access and Use by clicking here. You also agree that other than the Personal Information identified in the SupportSquad Privacy Policy, any information or data disclosed or sent to SupportSquad over the telephone, electronically or otherwise, is not confidential or proprietary to You. If You have not yet reviewed the SupportSquad Privacy Policy <SupportSquad.com>, incorporated herein by this reference, then please do so prior to agreeing to these Terms and Conditions.
14. Proprietary Rights. The Services, including, without limitation, any of SupportSquad or its licensors’ Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of SupportSquad and its licensors, and You shall have no interest in them whatsoever
15. Modification or Discontinuation of the Services and/or this Agreement. SupportSquad may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof and/or amend the terms and conditions stated herein (a) posting a revised version of the Terms of Service or a revised description of the Services on the SupportSquad website, or by (b) sending information regarding any amendment to the Terms of Service and changes to the Services to the email address You provide to SupportSquad when you register for the Services. You are responsible for regularly reviewing the SupportSquad website to be notified of any amendments to the Terms and Conditions or the Services. Your use of the Services after an amendment to the Terms and Conditions or the Services shall be deemed acceptance by You of such amendments or modifications.
16. Notices. Unless otherwise provided herein, notices given by SupportSquad to You will be sent by e-mail to the e-mail address You provide to SupportSquad as part of the registration process, or to updated addresses which You provide to Company via notice consistent with this paragraph. Notices given by You to Company must be given by e-mail to webmaster@SupportSquad.com or such updated address and number as Company may provide You consistently with this notice provision. Notwithstanding anything herein to the contrary, it is Your sole responsibility to update Your address for notices hereunder, and notice sent to the e-mail last provided by You to Company shall be valid and binding on You regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.