Service Agreement 08/2009 Revised 08/2010
Text Box: Service Agreement in effect 08/2009 Updated 08/2010 Basic Definitions In this document: (1) “we”, “us”, “our”, and “Mysupportanywhere.com or Support-anywhere.com or 187755virus.com or PCPRIVATEYE or LIVEHELPDESKONLINE means us. (2) “you”, “your”, “customer”, and “user” mean an account holder or user with us; (3) “service” means product we provide you, sell to you or that is active with us. Service Agreement The Service Agreement (“Agreement”) is the contract under which we provide and you accept our Services Agreement, including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction or materials we may provide you. If you have any question please ask the “Sales” person in the sales transaction. Additional terms may apply when you use certain Services, typically those you can access online (for example, Citrix Online Remote Connection Services have certain policies for usage of their service as well). Privacy Policy and Acceptable Use Policy You agree to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice. When You Accept the Agreement you must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any remote connection or start any program, you are accepting the Agreement when doing so. We do not share any information gathered by any customer with anyone, not even our Parent Company who have no access to you information whatsoever, You information can only seen by “our staff” and no-one has access to sensitive data but us. We do not collect Social Security Numbers, and if you pay through Pay Pal we never even see the transaction data, only Pay Pal has the information, they pay us on your behalf, but they do not share any data with us what so ever. Even if you pay buy Money Order or Check, we do not need that kind of information. If you don’t want to accept this Agreement, don’t do use any of “our services”. Our Right to Change the Agreement & Your Related Rights We may change any part of the Agreement at any time, including, but not limited to terms of Service. We will provide you notice of changes, in a manner consistent with this Agreement. If you continue to access or use our Services on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will be entitled to a credit for the unused portion of your account balance if you decide to terminate if it is in response to a change to the Agreement. Our Right to Suspend or Terminate Services We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) failure to have or maintain a “PAID STATUS” on an account balance; (b) harassing/threatening our employees or agents; (c) providing false information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (f) breaching the Agreement, including our Policies; (g) or if we believe the action protects our interests, any customer’s interests or our network. Your Ability To Change Services & When Changes Are Effective You typically can change Services upon request. In some instances, changes may be conditioned on payment of certain charges. The effective date of any changes will depend on our Policies, and the requested Services. We will not credit or refund any subscription or other charges as a result of a change in Services or cancellation by the user or than in reaction to a change we make. (SEE Our Right to Change the Agreement & Your Related Rights above) Restrictions on Using Services You can’t use our Services: (a) to transmit content/messages that are, or in any manner that is, illegal, fraudulent, threatening, abusive, defamatory, or obscene; (b) in a way that could cause damage or adversely affect our customers, reputation, network, property or Services; (c) to reverse engineer any software downloaded to you the user (d) to infringe on the copyright of “us” or our “Affiliates” , upload or transmit any “virus”, “worm”, or malicious code; or (e) other activity that is in any way prohibited by the terms of our Services, the Agreement or our Policies. Your software downloaded by “THIRD PARTY” Companies. We don’t manufacture any software we might sell to you or that is associated with our Services by downloads, and we aren’t responsible for any defects, acts or omissions of the manufacturer. The only warranties on your “software programs downloaded or installed by “OUR Support Technicians” are the warranties given to you by the manufacturer directly or that we pass through to your PC. Coverage where your “computer” Will Work Our service area is typically World Wide, however we are not responsible in any way for “poor network speeds” or connections to the internet and you must deal directly with your “HOST ISP” if you are unable to connect to “our Network” due to poor connections. The quality of connections on your network will depend on the normal internet Services conditions. Estimating coverage and connection strength is not an exact science. Along with other factors beyond our control (network problems, software, signal strength, your computer, weather, geography, topography, etc.), may result in poor connections, slower data speeds, or otherwise impact the quality of Service. When making “remote connections” outside of your designated home local or office where service was originally set up, certain services may not be available or work the same when on the road; once again it depends on the conditions listed under “COVERAGE”. Our data Services may allow you to access the internet and other materials to download software from us or our vendors, (third party websites, etc.). We make absolutely no guarantees about the Data Content you access on your computer. Data Content may be: (1) unreliable or inaccurate; or (3) defective or incompatible with your system. To protect our network, Services, or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), examples would be a software or code that tries to discover systems or devices on our network, for malicious reasons. We reserve the right to limit, suspend or constrain any software or code usage that adversely impacts our network performance or hinders access to our network. Charges for “Non Contract” or “Single Incident Services” Based on our Policies, we charge fees for services that are non contract (single incident services not covered by a contractual obligation). You will be provided notice of these types of fees before we begin any work on your computer or networked devices. Single Incident must be paid for at the time service is rendered. This does not apply to “contractual services. The types of charges you incur will vary depending on the Service used and your service plan. See the detailed plan or other information we provide or refer you to during the sales transaction for the actual charges applicable to your Service. You will generally be charged for use of Services before or at the time of use in accordance with your service plan. In certain instances, we may charge at some point after you use the Service. You may be able to pay for certain Services through a credit card, debit card or other payment method through PayPal or by check or money order. If you have incurred charges or fees that were not charged prior to your service, you must pay these charges according to your payment agreement. Types of Charges We typically assess the following types of charges: (1) “Single Incident Services” – charges assessed each time a Service is used; (2) “Contract charges” – charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period of time or in the case of “30 days free support”, on that same day the service begins, the following month, regardless of days in that month.. See the detailed plan we provide or refer you to during the sales transaction for the actual charges applicable to your Service. Taxes & Government Fees Depending on your Services, we may deduct taxes, and that we’re required by law to collect and remit to the government on the Services we provide you. If you’re claiming any tax exemption, you must provide us with a valid exemption certificate. Disputing Charges Any dispute to a charge we assess you must be made in writing within 30 days of the date we deduct the charge from your account balance. You accept all charges not properly disputed within the above time period. About Account Balances To ensure continued access to the Service, you must maintain a positive account balance at all times or pay any applicable subscription charges (depending on your service plan). Account balances are not transferable, redeemable for cash, or refundable; that is, once you make payment on your account, you are provided a credit on your account that can only be used to pay for our Service during the service period. Your Service will be interrupted if you fail to maintain a positive account balance or timely pay applicable subscription charges. In addition, positive account balances are forfeited if not used in your original service if you do not use your services offered in your plan during the service period, your account balance will expire and you will not be entitled to a refund or service credit. See the information we provide or refer you to during the sales transaction for the period and that applies to your Service. If your account is terminated, you will lose log in rights to MYSUPPORTANYWHERE networks or Services. Reactivation fees will apply if you choose to later restart Service. Protecting Our Network & Services We can take any action to: (1) protect our network, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent service temporarily. You’re Privacy You agree to the terms of services and Policies when you use our Services. Among other things, the policy includes important information on what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process, to facilitate a merger, etc.) and / or for other lawful purposes. We may also monitor or record calls between us (for example, your conversations with our customer service or sales departments). If you do not agree with the terms of our Privacy Policy, do not purchase or use our Services. Please do not share your authentication information with anyone that you do not wish to have access to your account. You agree that we may contact you in our discretion about important account related matters through the contact information you provide, through the Services to which you subscribe or through other available means. Under federal law, you have the right, and we have a duty, to protect the confidentiality of your privacy. Disclaimer of Warranties WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR COMPUTER). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. WE ARE NOT RESPONISBLE FOR DATA LOSS. When a system is virus infected, data can become corrupted, we are not responsible for any data loss, and advice all “users” to “BACK UP” all critical data before logging into a “Support Session” with “our” service. You Agree We Are Not Responsible For DATA LOSS Problems You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from “LOSS OF DATA” or an interruption or failure in accessing our services due to problems with the users ISP; service interruptions, failed connections, or network issues, and things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You Agree Our Liability Is Limited - No Consequential Damages. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A SERVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. We each also agree as follows: (1) “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement even if it arises after Services have terminated – this includes claims you bring against our employees, agents, affiliates or other representatives. WE EACH WAIVE ANY RIGHT TO ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING OR LEGAL ACTION. Please contact MYSUPPORTANYWHERE.COM or SUPPORT-ANYWHERE.COM 4132 Floral Avenue Cincinnati, Ohio 45212 with any written statement of complaint. We will provide you notice by correspondence to your last known address in our records or by calling you at the number you have provided us. This Agreement is governed solely by the laws of the state of Ohio where we are located, without regard to the conflicts of law rules of that state where you are located. This Agreement isn’t for the benefit of any 3rd party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can’t assign the Agreement or any of your rights or duties under it. We can assign the Agreement. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken. To put it simply, you pay us to do a good job, and we do. We are fairly priced, and because we have lower overhead cost, we can save you bundles on every day fairly priced computer support, anywhere worldwide, as long as you can get to the internet, we can help you out. We look forward to a long lasting relationship with every customer of MYSUPPORTANYWHERE.COM, SUPPORT-ANYWHERE.COM AND 187755VIRUS.COM. Robert D. Wright ~ PRESIDENT/ OWNER

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