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Terms of Service

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

This Tech Solutions Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the Tech Solutions service that Customer has purchased (the “Service”). These terms and conditions comprise the entire agreement between Customer and Tech Solutions with respect to the Service.

PAYMENT

Unless stated in writing otherwise, all fees and charges are non-refundable. Tech Solutions may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.

MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

Tech Solutions may change the terms and conditions of the Service from time to time. Upon any such change, Tech Solutions will notify the Customer by posting the changes to the site from which the Service was purchased. Tech Solutions reserves the right to modify or discontinue the Service with or without notice to Customer. Tech Solutions shall not be liable to Customer or any third party should Tech Solutions exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

PRIVACY POLICY

It is Tech Solutions policy to respect the privacy of its Customers. For information on our privacy practices, please review our privacy policy.

REMOTE SUPPORT SERVICES

Remote support services can be offered only if Customers' computer meets the following conditions:

  • Customer's computer was built within the last four years
  • Customer's computer is connected to a working "high speed" internet connection (DSL/Cable/Fiber)
  • Customer's computers operating system is Microsoft Windows XP or newer.

By electing to have Tech Solutions perform remote support, Customer is herby agreeing to give Tech Solutions approval to access Customers' computer via an internet connection. Customer will have the option to stay in communication with Tech Solutions by either phone or over a live chat session. Remote support may involve the installation of software on the Customer's computer that will allow Tech Solutions to connect remotely to Customer's computer. By electing to receive remote support, Customer agree to allow Tech Solutions to install any software related tools necessary to repair your computer. If such software is installed, Tech Solutions will remove it at the completion of services. Customer understand that if remote access is used, there will be no residual software from the remote session; however, there may be a text file placed on the computer that will explain the work that was done to Customer's computer. If such a text file is placed on Customer's computer, Customer has the option to either save the file for future reference or to delete it from the computer.

Remote access is only initiated by the Customer. Tech Solutions cannot access the Customer's computer without the explicit approval of the Customer, and only after the Customer has initiated the remote access session. Customer has the ability to disconnect the remote access session at any time. If at anytime there is any information/documents/pictures/videos/data/files/etc. that the Customer does not wish to be viewed, it is the responsibility of the Customer to notify Tech Solutions so that necessary actions can be taken by Tech Solutions to follow the wishes of the Customer.

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

Customer agrees, that prior to Tech Solutions servicing any Customer equipment, it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Tech Solutions, Tech Solutions shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or any other media.

SOFTWARE & LICENSES

If at any time is becomes necessary for Tech Solutions to install, reinstall, or upgrade any software application, it is the responsibility of the Customer to provide such software and any necessary keys, codes, and/or licenses. Tech Solutions will not at any time install any software that Tech Solutions deems "pirated". This includes, but is not limited to, operating systems, applications, games, key-crackers, code generators, or any other similar type of activity in an attempt to bypass any security systems installed. A fine up to $100,000 can be given to the Customer and/or Tech Solutions for installing pirated/illegal software that is not properly licensed/registered to the Customer.

Customer must agree to have the correct number of licenses; or copies of software; in order for Tech Solutions to install on the correct number of systems. This means that if Customer only has one copy of a licensed software application (i.e.: Microsoft Office), Tech Solutions will not install that copy on more than one computer, unless the Customer can prove that they have permission or the necessary licenses to install it on more than one system. This does not apply to open-source, free-ware, or share-ware software, as long as the Customer agrees to follow such software's' license agreement. Customer agrees that Tech Solutions does not own any software and that the Customer is ultimately responsible for all software license requirements.

LIMITATIONS TO SERVICE

Tech Solutions shall not be liable for any failure or delay in performance due to any cause beyond its control. Tech Solutions and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Tech Solutions.

INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Tech Solutions (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Tech Solutions by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Tech Solutions or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).

DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TECH SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TECH SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES TECH SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM TECH SOLUTIONS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; GEEK SQUAD WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.

LIMITATION OF LIABILITY

TECH SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TECH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.

It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Tech Solutions shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Tech Solutions shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Tech Solutions. Notwithstanding any language to the contrary, Tech Solutions' maximum liability to Customer arising from or related to Tech Solutions under this Agreement shall be limited to the sums paid by Customer to Tech Solutions under this Agreement during the three months prior to the time the cause of action arose.

TERMINATION

Either Customer or Tech Solutions may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no rights and Tech Solutions will have no obligations regarding the Service thereafter.

LAWS

The Service Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. Customer and Tech Solutions agree to submit to the exclusive jurisdiction of the courts in Moreno Valley, California. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Tech Solutions agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Last Revised - May 21, 2011