THIS TERMS OF SERVICE (the “Agreement”) as well as the Unlimited Remote Support Plan You (“You” or “Subscriber”) select when You sign up for any of our Unlimited Remote Support Plans (the “Services” or “Plans”) constitutes the entire agreement between You and Key Computer Solutions, LLC (“Key Computer”) regarding the Plans.
Please read this Agreement carefully as it sets forth important terms and conditions regarding Your use of the Services and Key Computer’s obligations to provide the Services to You.
In order to be a subscriber of a Unlimited Remote Support Plan, 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 email@example.com.
This Agreement was last revised on March 30th, 2016.
1. Description of the Key Computer’s Services. Subject to the terms and conditions set forth herein and the specifics of your Unlimited Remote Support Plan, Key Computer provides remote technical support and on-site technical support to consumers of personal electronics via telephone, on-line chats, and email. The products that are supported by Key Computer (the “Supported Products”) and the Services are described in detail on the Key Computer website . Services will be provided by Key Computer’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 Key Computer to Subscriber, it may be necessary for the TSE to access the Subscriber’s computer system remotely via Remote Control (RC) 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 RC by Key Computer’s TSEs.
2. Unlimited Remote Support 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 Key Computer reasonably detailed documentation and explanations, together with underlying data, to substantiate issues and to assist Key Computer 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. Key Computer 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. Key Computer shall have no obligation to support:
•Supported Products that have been altered, damaged or modified;
•Support Products that have been serviced by any other technical support personnel without prior authorized notice to Key Computer.
•Services and products not included in your Service Plan that we have not been made aware of;
•Problem diagnosis and support that may not be completed because of a problem with Your computer or other equipment, or because their configuration is beyond our control;
•Software, including the operating system and software which are not compatible with the hardware on which they are installed; and
•Problems caused by: External causes such as accident, abuse, misuse, or problems with electrical power;
•Usage that is not in accordance with product instructions provided by manufacture;
•Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance;
•Accessories, parts, or components not compatible with the product;
•Failure to follow instructions issued by the TSE; and
•Errors due to negligence, hardware malfunction or other causes beyond the reasonable control of Key Computer.
4. Third Party Software. Key Computer may suggest that You acquire, install and use certain third party software (“Third Party Software”). Key Computer may have rights to the Third Party Software and may not license Third Party Software to You, but will not make any representation or warranty regarding the Third Party Software. Any third party software that Key Computer installs must be uninstalled and Key Computer reserves the right to lock, disable or charge you for a license at full price if it is not removed by Key Computer. If Third Party Software is licensed to You then you are 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 prior to installation or use of the Third Party Software, even if Key Computer assists You in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which You licensed all Third Party Software or purchased any equipment. We do not warrant or represent that we are an authorized service provider for Third Party Software or for any equipment; it is Your sole responsibility to determine if You require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
5. Fees. You hereby authorize Key Computer to charge the credit or debit card that You provide at registration for the monthly or annual fee associated with Your annual Service Plan (the “Unlimited Remote Support Fee”) as it accrues on a monthly or other recurring basis as specified in your invoice. Your Unlimited Remote Support Fee that is charged is refundable only within three (3) days of the charge and only if no support services have been given under the Plan. You must notify Key Computer 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 Key Computer from charging Your account.
If Key Computer is unable to collect the Unlimited Remote Support Fee from Your credit or debit card, Key Computer shall provide You with written notice of such non-payment and may, at Key Computer’s option, extend the payment deadline to allow You to provide an alternate credit card number or payment. Any amount owed after 30 days will be charged a 5% late payment fee per month until payments are made in full. 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 Key Computer. 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, late fees, 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 Key Computer’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 immediately upon subscription to the Service and shall remain in effect for the annual term (the “Term”). Upon expiration of the Term, your subscription to the Plan shall automatically renew at the same rate as the previous annual agreement unless you have given a 30 day written notice before the contract expires. Key Computer will not raise your agreement rates unless you are notified within 30 days of the above annual Term date. If you choose to reduce from an annual payment to a monthly basis, the price per month may be higher than paying annually. Even if You select a monthly payment Plan, your contract is an annual contract. Please dispute any issues with renewal within 15 days of the date invoiced.
If you would like to opt out of ‘Auto Renewal’ of your annual contract, You must notify Key Computer in writing or email customer service at firstname.lastname@example.org at least 30 days prior to the end of the Term.
(b) Termination for Cause. Key Computer may terminate or suspend Your Unlimited Remote Support Plan immediately without notice if, in the sole discretion of Key Computer: (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 misuse of licenses from 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, Key Computer’s network, or the use and enjoyment of other Key Computer subscribers; (c) Key Computer ceases to offer the Services for any reason or (e) Key Computer determines that You are abusing the Services; or (f) You have any other technician work on your systems without authorization or agreement from Key Computer. Key Computer shall incur no liability resulting from terminating or suspending Services to Subscriber. See section 16 regarding our policies of refunds if termination happens.
7. Personal Use Only. Key Computer 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. You may not retain any software licensed or installed by Key Computer upon termination. Plans labeled as “Home” Plans are not valid for computers or devices used primarily for business purposes.
8. Fair Use Policy; User Conduct. Your use of the Services is subject to Key Computer’s “fair use” policy pursuant to which Key Computer may suspend or terminate Your access to the Services without refund and possible 75% of contract and/or remainder of your year (which ever is greatest) termination fee if in Key Computer’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 information. In the event of such termination or suspension, You will not be entitled to a refund of any prepaid Fees and may be charged a possible 75% of contract and/or remainder of your year (which ever is greatest). 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.
9. 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. Key Computer 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). Key Computer does not warrant that the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, error or virus/malware free; nor does Key Computer 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. Key Computer 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.
10. Limitation of Liability. Neither Key Computer, nor its 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 Key Computer for any cause of action related to or arising under this Agreement exceed $15.00. Your sole and exclusive remedy under this Contract is to discontinue the use of the Services.
11. Indemnification. You agree to immediately notify Key Computer of and indemnify and hold Key Computer, 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.
12. Proprietary Rights. The Services, including, without limitation, any of Key Computer 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 Key Computer and its licensors, and You shall have no interest in them whatsoever. You may not retain any software licensed or installed by Key Computer upon termination.
13. Modification or Discontinuation of the Services and/or this Agreement. Key Computer 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 Key Computer 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 Key Computer when you register for the Services. You are responsible for regularly reviewing the Key Computer 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.
14. Notices. Unless otherwise provided herein, notices given by Key Computer to You will be sent by e-mail to the main billing e-mail address You provide to Key Computer as listed at the bottom of this contract, or to updated addresses which You provide to Key Computer via notice consistent with this paragraph. Notices given by You to Company must be given by e-mail to email@example.com or such updated address and number as Key Computer 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 Key Computer 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.
15. Refunds. In the event that Key Computer Solutions, LLC dissolves it’s business, or becomes unable to fulfill contractual agreements. Key Computer will prorate a refund for the remainder of the agreement. If Key Computer has to dissolve the contract for any reasons listed above, a refund of 25% of the remaining term of the contract will be refunded. A client is given 3 days to cancel the contract from the time of issuance. After 3 days, the contract will be in full force and effect. A possible 75% of contract and/or remainder of your year (which ever is greatest) will be retained as a cancellation fee. A client that is paying monthly and wishes to cancel after 3 days will be charged 75% of contract and/or remainder of their year (which ever is greatest).
This Agreement is executed on behalf of the parties by duly authorized persons. Payment rendered and no notice prior to 30 days before renewal of the next years invoice date assumes acceptance to these terms and conditions. Terms and conditions subject to change without notice.