EXPRESS COMPUTER SERVICE LLC TERMS AND CONDITIONS
Remote Access and Subscriptions / Terms and Conditions
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THE TERMS AND CONDITIONS.
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. You, our customer, have chosen to have your computer serviced through us, Express Computer Service LLC, Inc. and our affiliates, subsidiaries and subcontractors (sometimes referred to herein as “Express Computer Service LLC” or “us” or “we”). These terms and conditions (the “Terms”) govern your use of Express Computer Service LLC’s Technology Services and any computer support services, including computer diagnostics, service and repair (the “Services”), purchased in-store. By ordering the Services online or in office or at your office, you agree to these Terms.
The terms and conditions set forth below (the “Agreement”) constitute a binding agreement between you (the “Client” or “you”) and Express Computer Service LLC (“Express Computer Service LLC”) with respect to your use or purchase of the Services. To receive the Services, you must agree to these terms and conditions. You also agree that any failure to abide by them shall void any and all obligations of Express Computer Service LLC hereunder.
Express Computer Service LLC reserves the right to refuse to provide the Services to anyone at any time without notice and for any reason. You represent and warrant to us that (a) you are at least 18 years old; (b) you have the right, capacity and authorization necessary to legally bind yourself to these Terms; and (c) any information you submit to Express Computer Service LLC is correct and complete, including any payment or credit card information you supply
“Express Computer Service LLC Web site” means the Express Computer Service LLC web site that is offering the Services to Client. The Express Computer Service LLC Web site will contain information and other details about the Services being offered. Services may not be available separately and all Services may not be available at all times.
“Malware” means any files or programs identified by Express Computer Service LLC, in its sole and absolute discretion, as being harmful or dangerous to standard PC operation.
“Services” means Express Computer Service LLC’s Support Services, which are Express Computer Service LLC’s chat and phone based computer optimization and cleaning services as set forth on the Express Computer Service LLC web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and Express Computer Service LLC may discontinue or modify the Services in its sole discretion.
“Software” means any software used by Express Computer Service LLC in connection with the Services.
“Subscription Period” means the time period that Client is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after one year or the period specified in the chosen package.
The Services are provided only via phone, Internet chat and remote desktop sharing. Services are provided upon Client’s contacting Express Computer Service LLC as explained on the Express Computer Service LLC Web site. Client authorizes Express Computer Service LLC to configure its computers and delete the files that Express Computer Service LLC deems unnecessary to a computer’s operation. Client gives Express Computer Service LLC express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Client gives Express Computer Service LLC express permission to install, configure, and use such software on Client’s computers.
- Authorization to Access your Computer
You acknowledge and agree that by purchasing and scheduling the Services you are authorizing Express Computer Service LLC to have full access and control of your computer, including hardware and software, for the purposes of providing the Services.
You further acknowledge and agree that, in connection with delivering the Services, we may download and use various software, gather system data, have and access remote control of your computer and access or modify your computer settings and profiles as Express Computer Service LLC deems necessary. Express Computer Service LLC may need access to some of your passwords and may require access through your defined security protocols (such as fingerprint readers) to perform the required Services. By accepting these Terms, you hereby grant Express Computer Service LLC the right and authority to connect to and access your computer, download and use the software on your computer to gather system data, make any recommended repairs to your computer, have and access remote control of your computer and change the settings and profiles on your computer while performing the Services as Express Computer Service LLC deems necessary. Other than as set forth in the warranty section below, you agree that Express Computer Service LLC has no responsibility or liability whatsoever under any circumstance at any time for any loss, damage, destruction, harm or corruption that may arise from or be related to the Services or your computer, including, without limitation, customer data, software or hardware.
You further acknowledge that Express Computer Service LLC may use subcontractors to provide the Services onsite at your home or office, at an Express Computer Service LLC location, through remote access to your computer, or at an off-site central repair facility and, in doing so, you specifically agree that those subcontractors shall be authorized to have full access and control of your computer as stated herein and that any reference to “Express Computer Service LLC” in these Terms shall include Express Computer Service LLC’s subcontractors providing the Services.
3b: Online Access
To provide the Services, Express Computer Service LLC must access a computer receiving the Services over the Internet. Client must assist Express Computer Service LLC in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the Express Computer Service LLC representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the Express Computer Service LLC representative’s sole discretion. Client warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Client must have administrator rights to the computer, have a back-up of all data on the computer, and provide Express Computer Service LLC with correct and accurate information.
- Data Backup / Software Installation
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND PERFORMING A COMPLETE AND COMPREHENSIVE BACKUP OF ALL INFORMATION, DATA, PROGRAMS, FILES, TEXT AND OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER BEFORE PROVIDING ACCESS TO AND TRANSFERRING POSSESSION OF YOUR COMPUTER TO EXPRESS COMPUTER SERVICE LLC. YOU FURTHER ACKNOWLEDGE AND AGREE THAT EXPRESS COMPUTER SERVICE LLC HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS, DAMAGE, DESTRUCTION, HARM OR CORRUPTION THAT MAY ARISE FROM OR BE RELATED TO THE SERVICES, OR TO YOUR COMPUTER, INCLUDING WITHOUT LIMITATION CUSTOMER DATA, SOFTWARE OR HARDWARE. EXPRESS COMPUTER SERVICE LLC WILL NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS.
WITHOUT LIMITING THE FOREGOING, IF YOU EXPRESSLY PURCHASE OUR BACKUP SERVICES FOR YOUR FILES/DATA, WE WILL ATTEMPT TO PROVIDE SUCH SERVICES, SUBJECT TO THE LIMITS OF THE BACKUP SOFTWARE AND THE INTEGRITY OF YOUR FILES/DATA. IF WE ARE UNABLE, OR FAIL, TO PERFORM THE BACKUP SERVICES FOR ANY REASON, OR IF ANY FILES/DATA ARE LOST OR DAMAGED DURING THE BACKUP PROCESS, OUR MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE BACKUP SERVICE FEE PAID BY YOU. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PERFORMING A COMPLETE AND COMPREHENSIVE BACKUP OF YOUR FILES/DATA PRIOR TO EXPRESS COMPUTER SERVICE LLC PERFORMING ANY SERVICE. YOU ASSUME ALL RISK OF LOSS FOR YOUR FILES/DATA DUE TO ANY CAUSE. YOU HEREBY AUTHORIZE A SYSTEM RESTORE AND SHALL RELEASE EXPRESS COMPUTER SERVICE LLC FROM ANY CLAIM OF LIABILITY WHATSOEVER RELATED TO ANY LOSS OF FILES/DATA OR PROGRAMS FOR ANY REASON WHATSOEVER, INCLUDING DUE TO OUR NEGLIGENCE OR THE NEGLIGENCE OF ANY THIRD PARTY SERVICE PROVIDER.
YOU REPRESENT AND WARRANT TO EXPRESS COMPUTER SERVICE LLC THAT ANY SOFTWARE AND OTHER DATA INSTALLED OR ACCESSIBLE ON YOUR COMPUTER IS PROPERLY LICENSED TO, OR OWNED BY, YOU.
The Services are subject to change without notice. The Services do not cover hardware repair services, lost or expected profits. Express Computer Service LLC does not guarantee against the loss of any file, information, or data. Client is solely responsible for backing up and safely storing its data, information, and files. Express Computer Service LLC does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.
The Services are provided only over Internet chat, and access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for Express Computer Service LLC to deliver their services. Client is solely responsible for providing a broadband Internet connection and access to its computers. Any interruption or disconnection to the Internet may limit Client’s ability to receive the Services. Express Computer Service LLC makes no representations or warranties regarding the availability or quality of the Services or that the Services will be performed in a timely manner. Client authorizes Express Computer Service LLC to accept, download, install, and use Software and third party software on its behalf.
5.b. Quality of Services:
Express Computer Service LLC will use commercially reasonable efforts to answer your personal technology questions and to resolve your personal technology problems for a fee as set forth in the pricing schedule attached hereto. We may have certain limits to the personal technology we support and may provide to you and certain Services we provide may have minimum system requirements. Express Computer Service LLC may also need to send your computer equipment off-site for additional repair when necessary to fully perform the Service.
- Limitations to Services
The scope and extent of the Services shall be limited to the options selected by the Client when registering for the Services. The scope of performance of the Services shall be provided in any manner Express Computer Service LLC sees fit. Express Computer Service LLC does not guarantee that any of the Services will be available or offered in all cases. Express Computer Service LLC makes no representations or warranties regarding the availability or the provisioning of the Services.
- Refund Policy
Express Computer Service LLC is notified by email through the email address provided during the registration for the Services of Client’s cancellation of the Services. For subscription based plans, a full refund will be issued if Express Computer Service LLC has not been able to resolve even a single issue for you within the first 15 days of the subscription. If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Express Computer Service LLC, at its sole discretion and on a case-by-case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. For incident based plans, you will be eligible for refund when any of the following criterions are met.
You have all the prerequisites, which were required to resolve the problem and Issue was not resolved until the time account was active. The issue is out of scope for the particular plan.15 days have not passed after the issue was last worked upon by an Express Computer Service LLC technicians
- Term and Termination
For subscription-based Services, this Agreement shall be effective for one year from the date Client registers for the Services. Single-use Services shall expire once the session with the Express Computer Service LLC representative terminates. In addition, Express Computer Service LLC may cancel the Services at any time if Express Computer Service LLC, in its discretion, determines that Client’s use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and Express Computer Service LLC is not liable for any damages that may result from expiration or termination of the Agreement. Client may purchase additional subscriptions to the Services through the Express Computer Service LLC web site. Any breach of this Agreement shall immediately terminate Client’s subscription to the Services and/or may limit Client’s access to the Services. No refunds shall be provided upon termination of the Agreement.
Client shall pay Express Computer Service LLC the amount set forth on the Express Computer Service LLC web site for the Services. The amount must be paid in full to receive the Services.
- 10. Privacy
Express Computer Service LLC support representative may need to download, run, or use software on the Client’s computer to assist in diagnosing and resolving computer problems. Such software may include tool bars, utilities, and other tools that allow Express Computer Service LLC to improve computer performance and solve technical problems (collectively, the Diagnostic Software”). The use of all Diagnostic Software is subject to the license agreements and terms and conditions associated with the Diagnostic Software. Client shall be bound by all such license agreements.
Express Computer Service LLC may monitor and record all customer touch points such as incoming or outgoing calls, online remote support sessions, chat transcripts and email conversations. These recordings are primarily for improving customer service, internal training, and internal market research. Express Computer Service LLC may disclose these recordings and any other information to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or Express Computer Service LLC’ customers.
ANY SOFTWARE IS PROVIDED TO CLIENT “AS IS” BY EXPRESS COMPUTER SERVICE LLC, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER’S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. EXPRESS COMPUTER SERVICE LLC DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESS COMPUTER SERVICE LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. EXPRESS COMPUTER SERVICE LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS CLIENT MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
- Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXPRESS COMPUTER SERVICE LLC AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY MALWARE PRESENT ON A COMPUTER, (C) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, OR (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER. EXPRESS COMPUTER SERVICE LLC IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF EXPRESS COMPUTER SERVICE LLC, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL EXPRESS COMPUTER SERVICE LLC ACCEPT TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY CLIENT TO EXPRESS COMPUTER SERVICE LLC FOR THE SERVICES.
- Governing Law
Client and Express Computer Service LLC agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the then current laws. Any actions arising out of or based, in whole or in part, on this Agreement shall be brought in the courts designated at the time of the dispute.
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. Express Computer Service LLC may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its web site, and the Services available in any subscription plan. Such changes will be made without notice or liability to Client or to any third party. Express Computer Service LLC may impose limits on certain features of the Services at any time. Express Computer Service LLC may amend this Agreement at any time by posting a copy of the amended Agreement on the Express Computer Service LLC web site. Such amendments may be made in Express Computer Service LLC’s sole discretion and are binding when posted. Client must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
Express Computer Service LLC is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the Express Computer Service LLC web site of a general informational nature.
Client will make all notices, demands or requests with respect to this Agreement in writing to Express Computer Service LLC, ADDRESS,. Notices to Client shall be made by posting such notice on the Express Computer Service LLC web site. Client agrees to regularly check Express Computer Service LLC web site to be aware of all such notices
Provisions regarding proprietary rights, indemnity, warranty disclaimers, and limitation on actions shall survive this Agreement.
- Limitation on Actions
Neither party may bring any action, regardless of form, arising out of nor relating to this Agreement more than three (3) months after the cause of action has accrued.
Client may not assign or transfer the rights or obligations under this Agreement without first obtaining Express Computer Service LLC’s written consent. Any attempt to assign or transfer the rights and interests granted herein shall render the Agreement voidable in Express Computer Service LLC’s discretion. Express Computer Service LLC may assign and transfer its obligations under this Agreement as it sees fit.
Description of services and applications supported
Online and Onsite Tech Support by competent experts for all computer issues and problems. Microsoft Gold Partner using all current tools and industry recommended best practices. We can be reached by via our website chat program or at 1-803-403-9067 for immediate technical help.
Express Computer Service LLC Services are provided for one computer and its related peripherals such as, printers and scanners, per each agreement.
- Express Computer Service LLC Guarantee
An outstanding Experience or your money back! Express Computer Service LLC guarantee that you will be pleased with the service offered or your money will be refunded in FULL within 15 days of signing up, if the FIRST REPORTED issue was not successfully resolved.
- Computer & Tech Support
Express Computer Service LLC provides quality tech support anytime, anywhere using the Internet.
- Connect Peripherals
Connect assorted peripherals including printers, scanners, phones and cameras to computer.
- Upgrade existing computer
Upgrade an existing computer and all essential components are up to date with the latest updates.
- Home Wireless Network
Set up, Configure and troubleshoot a home wireless network configuring routers and testing of peripherals that are part of the network.
- Computer & Internet Security
Express Computer Service LLC will help you secure your home computer and network against external threats. We will help you set up a security firewall and tweak your browser and email software to improve security.
- Virus & Spyware Removal
Identify and Remove Virus and Spyware by Security Experts. Providing full scans, recommending safety measures during on line use, recommending and installing appropriate antivirus and spyware tools. User must have a licensed and valid virus guard installed.