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TERMS OF SERVICE
The following terms
and conditions of service are applicable to all services
and computer repair provided by Tech Herd. Terms and conditions may change
at any time, with or without notice. It is the
responsibility of any subscriber, user, customer or
prospective customer to read the terms of service before
contacting Tech Herd to inquire, purchase or schedule a
service engagement. By engaging Tech Herd for services,
you are indicating your agreement to be bound by all of
the terms and conditions outlined within this document.
Tech Herd services are
DESCRIPTION OF
SERVICES
1.
Responsibilities of User:
User understands and agrees that prior to contacting or
engaging in service with Tech Herd to perform any
evaluation, diagnostics, repair, upgrade or any other
service upon your computer that it is the responsibility
of the user to back-up data, software, files or other
electronic information stored within a computer
hard-drive or other memory device or drive. You as the
user also acknowledge and agree that Tech Herd shall not
be responsible under any circumstance for any loss of
data, software, corruption of data or damage to hardware
or components.
a.
You as the
user represents that you are 18 years of age or older.
b.
You as the
user represent that you have the legal capacity and
authority to bind yourself and your employer, as
applicable, to this Agreement.
c.
You as the
user agree that you are responsible for all activity and
use of your account. You agree and understand that you
accept full responsibility and liability for the actions
of anyone who uses a service from Tech Herd via your
account.
d.
You as the
user agree that you will be available at your
appointment time. Applicable no-show fees or late fees
are payable and due as outlined below for missed or late
appointments.
2.
Services:
Tech Herd provides computer support services remotely,
on-site and via telephone. Tech Herd will attempt to
diagnose and provide or suggest a solution for a service
fee. In some situations, a solution, diagnosis or
support may not be completed due to an issue with users
computer, its configuration or other issue that is
beyond the control of Tech Herd. Tech Herd will make
every reasonable attempt to perform services to
diagnose, troubleshoot, assess and correct computer or
network issues. Regardless of the outcome, you the user
is still responsible for charges for the time and effort
spent in an attempt to provide services.
3.
Un-Used
Service Hours, Incidents or Services:
Any unused services will not carry forward except as
outlined on our services page. Users who sign up for a
service plan, service offering or any ongoing service
plan are not eligible for any service refund. Service
hours and incidents are at the sole discretion of Tech
Herd.
4.
Service
Areas: Tech Herd reserves the right to establish, change, add or eliminate
service areas with or without notice. Tech Herd has the
authority to establish and charge additional fees for
areas outside of our normal service areas. Users should
contact 888.835.4373 for exact service areas, service
fees and trip charges.
5.
Service
Volume and Re-Selling of Services:
You the user may not re-sell our service, utilize the
Tech Herd service for high volume services or in way
engage in any activity that engages our service at a
higher rate than it was intended. Service volume abuse
is based on the sole discretion of Tech Herd.
6.
Service
Limitations:
Tech Herd reserves the right to charge additional fees
for certain services that a client may require or
request above and beyond any service plan. Tech Herd
will at its sole discretion determine these additional
services and fees.
7.
Service
Availability:
Services selected by a user may not be available at all
times. Tech Herd or its subsidiaries, suppliers or
partners at any time without notice or liability may
restrict the availability of service or its times of
availability to perform scheduled or unscheduled
maintenance. For remote services, specific Internet
connection requirements are necessary. It is the
responsibility of you the user to maintain Internet
connectivity to allow for adequate service levels. Tech
Herd will at its sole discretion determine adequate
service levels.
a.
You the
user acknowledges that circumstances outside of the
control of Tech Herd may arise that may lead to service
delays. You the user hereby release Tech Herd from any
and all liability and agree that Tech Herd is not
responsible for any direct or indirect damages resulting
from any service delays.
8.
Safe
Access to Equipment:
User agrees that they will provide full access to
computer systems, systems, peripherals or software that
we are to service and that power, network connectivity
and a safe climate controlled work environment is
provided along with full cooperation and access to enter
your home or business to perform services. If a Tech
Herd representative arrives at the schedule service time
and he or she does not reasonably have access,
cooperation, or safe working areas, then service may be
denied and a $99 cancellation fee will be charged.
9.
Software /
Hardware Licensing & Warranties:
You the user agree that you will be responsible for all
software licensing installed on your computer. Tech Herd
provides technical support and consulting for third
party software and/or equipment. We make no warranty
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.
a.
Third
Party Software: As part of our services, Tech Herd may
recommend the acquisition of third party software. You
the user agrees that you will abide by all terms and
conditions outlined within a license agreement whether
this software is installed, recommended or sold to you
by Tech Herd or not. Tech Herd makes no warranty or
representation regarding third party software or
hardware.
10.
Termination of Service by Tech Herd:
Use understands and agrees that at its sole discretion,
Tech Herd may terminate or suspend any agreement for
services immediately and without notice. Tech Herd may
at its sole discretion refuse to honor requests for
service, renewals or subscriptions following a
termination of services or for any other reason.
11.
Payment of
Fees: You the user agree to pay all applicable charges and fees related to
your applicable service plan as well as any taxes or
other charges due including no-show fees, trip charges,
set-up fees or termination fees. Monthly recurring fees
for subscription plans will be billed in advance if
applicable.
a.
Service to
you may be denied or discontinued without notice at any
time in the placement of Service charges on your credit
card, or your credit card provider denies or
discontinues providing credit to you for any reason, or
you fail to make payment when due or provide us with a
new credit card expiration date before the existing one
expires.
b.
Late fees
may apply if your bill is not paid by the due date. Tech
Herd may charge a late fee of 5% or the highest rate
permitted by law for late payments. Users are
responsible for paying collection agency fees utilized
to collect past monies due including attorney fees.
c.
Users must
contact Tech Herd a minimum of three (3) hours prior to
an appointment to cancel or reschedule an appointment,
otherwise, at Tech Herd’s sole discretion, a missed or
late appointment fee may apply. Late or missed
appointment fees are as follows: On-site = $99 / Remote
Support = $50.
12. WARRANTIES AND
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED
HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY
SET FORTH IN THIS AGREEMENT AND AS OTHERWISE
SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR
ANY EQUIPMENT OR SOFTWARE PROVIDED BY TECH HERD (BUT
ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR
SOFTWARE), TECH HERD (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL
SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL
WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND
THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE,
OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN
BY TECH HERD OR ITS REPRESENTATIVES SHALL CREATE A
WARRANTY. USE OF TECH HERD COMPUTER SUPPORT IS AT YOUR
OWN RISK AND IS NOT WARRANTED.
TECH HERD DOES NOT
WARRANT THAT THE SERVICE PROVIDED BY TECH HERD WILL
PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA
THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE,
SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. TECH
HERD SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF
CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE
MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE
SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. TECH
HERD MAKES NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED USING THE SERVICE OR THE INTERNET. TECH HERD
MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION
ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE
OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE
THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR
INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY
RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL
TECH HERD (OR ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT
OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE
ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT
LIABILITY, EVEN IF TECH HERD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS
AGAINST YOU BY ANY OTHER PARTY.
13.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Tech
Herd from and against all liabilities, costs and
expenses, including reasonable attorney's fees, related
to or arising from: (a) any violation of applicable
laws, regulations or this Agreement by you (or any
parties who use your account, with or without your
permission, to access the Service); (b) the use of the
Service or the Internet or the placement or transmission
of any message, information, software or other materials
on the Internet by you (or any parties who use your
account, with or without your permission, to access the
Service); (c) negligent acts, errors, or omissions by
you (or any parties who use your account, with or
without your permission, to access the Service); (d)
injuries to or death of any person and for damages to or
loss of any property, which may in any way arise out of
or result from or in connection with this Agreement,
except to the extent that such liabilities arise from
the active negligence or willful misconduct of the other
party; or (e) claims for infringement of any
intellectual property rights arising from the use of the
Service, Software, or the Internet.
14. NOTICES
12.1 Notices required under this Agreement by you shall
be provided to the Tech Herd Customer Service
Department. Notices by Tech Herd to you shall be deemed
given: (a) when sent to your registered email address,
or (b) when deposited in the United States mail
addressed to you at last-known address or (c) when hand
delivered to your home, as applicable. Notice of changes
to this Agreement and these Terms of Service will be
deemed given upon posting to the pages on the Website.
With regard to
electronic communications, you and Tech Herd further
agree that: (a) the User ID and/or alias of a sender,
contained in an electronic communication ("email"), is
legally sufficient to verify the sender's identity and
the authenticity of the communication; (b) an email sent
containing your User ID and/or alias establishes you as
its originator and has the same effect as a document
with your written signature on it; and (c) an email or
any computer printout of it, is a valid proof of the
validity of the original content of the electronic
communication.
15. GENERAL
PROVISIONS
13.1 All obligations of the parties under this
Agreement, which, by their nature, would continue beyond
the termination, cancellation or expiration of this
Agreement, including by way of illustration and not
limitation, those clauses relating to Software Licenses,
Warranties and Limitation of Liability, and
Indemnification, shall survive such termination,
cancellation or expiration.
Tech Herd will not be
liable for delays, damages or failures in performance
due to causes beyond its reasonable control, including,
but not limited to, acts of a governmental body, acts of
God, acts of third parties, fires, floods, strikes or
other labor-related disputes, of other things we do not
control, or an inability to obtain necessary equipment
or services.
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