Remote Techy

Remote Techy Live Expert Service Agreement (the “Agreement”)

IMPORTANT – BY CLICKING ON THE “ACCEPT” BOX AT THE END OF THIS AGREEMENT YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN SECTION 8 OF THIS AGREEMENT.

1. Service Description, Acceptance. Welcome to the Remote Techy Live Expert service, a remote access, computer support service where Remote Techy (the “contractor”)  will attempt to provide to you an ongoing support service which may include any or all of the following features on an “as needed” and “as available” basis: anti-virus updates, spyware removal and other malware scan and clean-up; Internet connection optimization; wireless networking built in security enablement (WEP, WPA), PC optimization and virus, spyware and operating system and applications updates (collectively, “Service”). “You” and“your” means you and every person who uses or receives the Service through your account.

By clicking on the “Agree” button below you acknowledge that you have read, understand and agree to be bound by this service agreement and any other additional terms, policies and practices that are displayed to you or to which you may be directed in connection with the Service, each as amended by the contractor  (collectively, “Agreement”).

2. Access, Your Responsibilities. You acknowledge and agree that in order to provide the Service to you, you grant the contractor  or its third party service providers with access to take control of and make changes to your personal computer and/or software by remote control, including the installation and where applicable, de-installation of certain software with due notice, and you hereby consent to such actions. This could also take place after hours of operation and you acknowledge that your computer may be accessed remotely when you are not present.

2.1 You represent that: (a) you are 18 years of age or older and you have the legal capacity and authority to bind yourself to this Agreement; (b) you consent on behalf of yourself (or as an authorized representative of your employer, as applicable) to be bound by this Agreement; and (c) the information you supply to us is correct and complete.

2.2 You agree that you are responsible to back-up any data, software, information and any other files stored on your computer disk or drives. Under any circumstances, you acknowledge and agree that the contractor or its third party service providers will not be responsible for any loss or corruption of data or software.

2.3 You acknowledge and agree that the contractor or other parties acting on its behalf may collect information pertaining to you and your computer system configurations. You agree that any such information may be transmitted across the Internet and shall not be liable for any unauthorized third party interception and review of such information. The contractor’s use and disclosure of this information shall be limited in accordance with the contractor’s Privacy Policy and the Privacy Policy of its third party service providers, including but not limited to Remote Techy, which can be found online on http://remotetechy.com/page/privacy-policy/. The information to be collected may include, but is not limited to, the following:

i.            User Information: Name, Account Number, Postal Code, Email Address, and Job/Order numbe

ii.            Install Information: Registration date and time, Technician, and Total Install time

iii.            Network Information: MAC and IP Address, DHCP and DNS Enabled, Default Gateway, NIC Driver Description, POP, DNS, and SMTP Servers

iv.            Machine Information: OS Type and Versions, Total Free Hard Drive Space, RAM, USB, CD-ROM, and Floppy Exist, CPU Name, Number, and Speed
(v) A recording of the remote control session to be stored for quality assurance purposed.

You shall ensure that you have adequate and sufficient knowledge, experience and technical skills to make use of and benefit from the Services, and shall review all materials and information sent to you in relation to the Services. In addition, you shall not:

I.            use or attempt to use the Services for any unlawful purposes or for any purpose for which it is not intended;

II.            obtain or attempt to obtain unauthorized access to the Services or any part thereof;

III.            tamper with, alter or otherwise rearrange the Services;

IV.            use or abuse the Services, or permit or assist others to do so in any manner that:

1. interferes with the Services or the provision of them;
2. interferes with access to the Services by other customers, including the introduction of any virus, malicious computer code or any harmful component; or
3. interferes with networks of the contractor  or any of its suppliers or access to any of those networks by the contractor  or any users;
4. resell or remarket the Services or any portion thereof, including the DNCL, for any commercial or other purposes.

3. Fees. You agree that the Service is provided to you subject to your payment of, and you shall pay, the service fee, and other fees and charges, if any, together with all applicable taxes and charges, identified to you upon placing your order for the Service or as otherwise identified to you by the contractor  from time to time (collectively, the “Service Fees”)

In the event the contractor fails to bill you or under bills you for a charge, you will not be responsible for paying the previously unbilled or under billed charge except where you are correctly billed within a period of one (1) year from the date the charge was incurred.

It is your responsibility to ensure that the billing information that you provide to the contractor remains current at all times. You agree to notify the contractor of any changes to your billing information.

Additional Charges: PC Diagnostic services as defined on the Remote Techy website are purely for analysis purposes. If a issue requiring repair is found, Global Mentoring Solutions will, on behalf of Remote Techy and strictly with verbal consent of the customer; issue a repair charge on you, the customers, credit card on file. These will be billed based on estimated times in increments that may adjust without previous notice. There will be no additional charges to you, the customer, once Global Mentoring Solutions has estimated the time required to fix said issue.

In addition to and without limiting any rights the contractor has under this Agreement, the contractor may make increases to the Service Fees for the Services during any calendar year provided the total increases do not exceed in any calendar year 5% of the applicable Service Fees for the Services in effect at the beginning of the applicable calendar year.

4. Software. Any software made available by the contractor or its third party service providers in connection with the Service under this Agreement will be subject to the terms and conditions of an associated software license agreement and will remain the property of the contractor, its agents and/or third party service providers as applicable (“Software”). A copy of the applicable software license agreement will be presented during the installation process and/or during use of the Software. It is your responsibility to review and agree to the terms and conditions of the applicable software license agreement before installing or using the Software. You will take appropriate steps to protect the Software against loss or damage. You will not sell, transfer or charge for the Software, or attempt to tamper with, abuse, reverse engineer, decompile or disassemble any part of the Software or the Service. You agree that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that the contractor, including its agents and third party service providers, will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of such Software to meet your needs, standards, expectations or desired specifications. Unless otherwise provided in the applicable software license agreement, all software license agreements will terminate upon termination of the Agreement. If you choose not to agree to any Software license agreement, you will not be able to use this Service.

5. Privacy and Security. The public internet and third party networks will be utilized to provide the Service to you. It is your responsibility to safeguard your system through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. The contractor is not responsible for any lack of privacy or security which may be experienced with respect to the provision of the Service to you, including as a consequence of your failure to adequately safeguard your system.

Your personal information shall be protected by the contractor in a manner consistent with the contractor’s Privacy Policy. By using the Service, you consent to the collection, use and disclosure of your personal information, as described in the contractor’s Privacy Policy.

6. User Information; Other Information. You hereby acknowledge that the contractor, its affiliates, agents and third party service providers may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service.

7. Disclaimer of Warranties. You acknowledge that the contractor and its third party service providers do not warrant (i) uninterrupted or error-free services, or (ii) the content, availability, accuracy or any other aspect of any information including all data, files and all other information or content in any form, accessible or made available to or by customer through the use of the services. in addition, customer acknowledges that the warranties, if any, described in this agreement, replace all other warranties, and that the contractor does not make any representations, warranties or conditions, including but not limited to implied warranties or conditions of merchantability and fitness for a particular purpose and those arising statutorily, from a course of performance or dealing, trade usage or otherwise with respect to the services. The contractor may also interrupt the service for maintenance and repair. You are responsible for the compatibility of the service with any equipment, software, services and/or other materials not provided by the contractor or its third party service providers  (your “third party equipment and services”). The contractor disclaims all responsibility for determining compatibility between the service and your third party equipment and services. without limiting the generality of the foregoing, The contractor and its third party service providers do not warrant the performance, availability, accuracy, security, error-free or uninterrupted operation or use of the service or the software or that the service, the software or in each case any part thereof, will meet your requirements or expectations.

8. (a) Liability for Direct Damages: The contractor’s total cumulative liability for damages, expenses, costs, liability or losses (“damages”) arising out of or in connection with this agreement and the services, whether arising in negligence, tort, statute, equity, contract, common law, civil law, or any other cause of action or legal theory even if the contractor or its suppliers has been advised of the possibility of those damages, is limited to direct, actual, provable damages and will in no event exceed the lesser of an amount equal to $100.00 and one month’s worth of services subscribed to by you.

8(b) No Liability for Certain Damages: Neither the contractor, nor any of its suppliers, is liable for any indirect, incidental, special, exemplary, punitive or consequential damages whatsoever arising out of or in connection with the provision of services (including lost profits, anticipated or lost revenue, loss of data, loss of use of any information system, failure to realize expected savings or any other commercial or economic loss, or any third party claim), whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory even if the contractor had been advised of the possibility of those damages.

9. Indemnity. You agree to defend, indemnify and hold the contractor, its affiliates, third party service providers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable legal fees, related to or in connection with your, or any user of your account’s, violation of the Agreement or use of the Service.

10. No License; Intellectual Property of The Contractor and Others. The contractor or its third party service providers and licensors, as applicable, own all rights, titles and interest in and to the Services and the Software. Except as expressly provided, nothing herein or within the Service shall be construed as conferring any license under any of the contractor’s or any third party’s intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through, and used to provide, the Service is protected by copyright, trademark, patent, or other proprietary rights of the contractor, its affiliates, licensors, suppliers and/or service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Service or use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Service.

11. Term. Services will be provided to you for the contractual period as agreed to when the Service was purchased. The service period shall commence on the date the contractor commences the work to provide the service to you (“Initial Service Period”). Unless the applicable Service is terminated in accordance with the provisions contained herein, the Initial Service Period will automatically renew on the same terms and conditions for a Service period equal to the length of the Initial Service Period (“Renewal Term” ). The Initial Service Period and all Renewal Terms are called the “Term”. The Term will expire or terminate on the date that the Service Term expires or terminates.

12. Termination of Services and Default. To terminate the service you must contact as the contractor directly.

Termination is effective 30 days from the date you contacted the contractor and requested termination of this Agreement, or any particular Service. In addition to any applicable Termination Charge (defined below), you will be charged the applicable Fees in that 30 day termination period for all terminated Services, as applicable (“Termination Amounts”).

If you terminate a Service during the Initial Service Period or a Renewal Term, you shall pay to the contractor in addition to the Termination Amounts, termination charges equal to 50% of the unexpired portion of the Initial Service Period or Renewal Term if applicable, as the case may be, for all terminated Services (“Termination Charge”). The Termination Charge is a reasonable estimate of damages suffered by the contractor, and its third party service providers, as a result of your early termination of the Service and is not a penalty. The contractor reserves the right (though has no obligation to) verify your identity to process termination requests.

The contractor may without liability stop providing you with any or all of the Services and/or terminate this Agreement for any reason upon a minimum of 30 days prior written notice to you. Without incurring any liability whatsoever for any claims, damage, losses or expenses arising out of or otherwise relating to the unavailability of any of the Services, the contractor shall be entitled to terminate your Services upon notice to you or otherwise decline providing the Services to you under the following conditions:

I.            You are in breach of any provision set forth herein and fails to remedy that breach within 10 days of the breach;

II.            You fail to pay any amounts when due;

III.            You cease for any reason to carry on business or is the subject of any wind-up, dissolution, liquidation, seizure of assets or business, insolvency, bankruptcy, receivership, proposal, restructuring or other like action;

IV.            When ordered to do so by the CRTC or its delegate; or

V.            In the event of a change of Control of Customer. “Control” means control, as defined in the Canada Business Corporations Act, and includes control “directly or indirectly in any manner whatever”, as defined in Section 256(5.1) of the Income Tax Act (Canada), both as amended from time to time.

If you breach any part of this Agreement, the contractor may, without liability, terminate any Service and/or this Agreement and accelerate all Service Fees and other amounts under this Agreement as due and owing as of the termination date.

13. Customer Equipment. You will be required to register one or more than one of your personal computer or laptop that you wish to associate with your account (“Customer Equipment”). The Customer Equipment must be in good working condition prior to registration. Any faults detected during the initial registration of the Customer Equipment will be recorded as a pre- existing defect. All defects must be repaired prior to the commencement of service. You must follow the instructions that are set out the owner’s manual for proper use, care and maintenance of your Customer Equipment. Failure to follow the manufacturer’s maintenance and service guidelines may result in the denial of coverage of the Customer Equipment.

14. Minimum System Requirements and Your Equipment. It is your responsibility to ensure that your computer system meets the current minimum system requirements being necessary to use the Service. Service will not commence until your computer system meets these requirements

·          Intel® Pentium® IV 300MHz or better (no older than 3 years old.)

·           512MB of dedicated RAM

·           2 GB of free hard disk space

·          Wake on LAN must be enabled in the BIOS

·           Internet Explorer 6.0 or higher required for installation

·          2 MB or higher High Speed Internet Access

·          One of the following Windows Operating Systems

·          Microsoft® Windows® 2000 SP3

·          Microsoft® Windows® XP

·          Microsoft® Windows® Vista (Starter Edition is not supported)

·          Microsoft® Windows® 7

15. In Scope Equipment. The equipment listed here is the full extent of the equipment for which the contractor will provide support under this agreement. You agree to confirm that the piece of equipment for which you require service is covered by this agreement. The contractor may alter this list from time to time at the contractor’s discretion.

16. Amendments. The contractor will notify you of any amendment or modification to the Agreement or any material change to the Service in advance by sending you notice via email to your email address provided by you to the contractor (in which case it is your responsibility to ensure that such email address remains current at all times) or by using any other notice method that will likely come to your attention. You agree to periodically review this Agreement to be aware of such modifications. Continued use of this Service will constitute acceptance of any such amendments or modifications to this Agreement.

17. Miscellaneous. (a) This Agreement and any other documents incorporated herein by reference or otherwise provided or made available to you in connection with the Service, as each or all may be amended from time to time, represent the entire agreement among you and the contractor with respect to the Service and supersede all prior agreements between you and the contractor. In the event of any inconsistency, the terms of this document will govern and prevail. The contractor may assign all or any portion of its rights and obligations under this Agreement to any affiliated entity without your prior written consent. You may not assign or transfer this Agreement.

Notices to you will be in writing and delivered by e-mail to the e-mail address provided to the contractor by you or by using any other notice method that will likely come to your attention.
(b) The terms and conditions set out herein shall be governed by and interpreted according to the laws in force in the Province in Canada where your main place of business is situated, and the laws of Canada that apply in that Province (without regard to any conflicts of law rules that might apply the laws of any other jurisdiction). If that place of business is not in a Province of Canada, then this Agreement shall be governed by and interpreted according to the laws in force in the Province of Ontario and the laws of Canada that apply in Ontario. Each of the Parties hereby irrevocably consents and agrees to submit to the exclusive jurisdiction of the courts of the applicable Province in respect of all matters arising out of or in connection with this Agreement except CRTC regulatory matters. For CRTC regulatory matters, the parties attorn to the exclusive jurisdiction of the federal courts or tribunals of Canada.
(c) Survival: The following Sections shall survive termination: Sections 3, 4, 5, 7, 8, 9, 10, 12, 17.
(d) Assignment: Customer may not assign this Agreement without the contractor’s prior written consent.

IMPORTANT – BY CLICKING ON THE “ACCEPT” BOX BELOW YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL THE TERMS AND CONDITIONS HEREOF, INCLUDING THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN SECTION 8.