We welcome you as a Home Tech Support customer. As the contractual basis of our relationship, all transactions will be governed under the general commercial laws of the State of New York as supplemented or modified by this Agreement, without regard to conflict of law principles. This Agreement, and its applicable attachments or supplemental documents, is the complete agreement between you and Home Tech Support regarding your use of Service and replaces any prior oral or written communications between you and Home Tech Support. Any additional or different terms in any order or written communications from you are void.
Home Tech Support Provided by Sutherland ("Home Tech Support") will confirm receipt of your order and will accept your order and provide Service only if (1) you accept the terms of this Home Tech Support Service Agreement ("Agreement"), and (2) the Service is available.
You accept the terms of this Agreement by accepting provision of the Service, by accepting these terms and completing your transaction when ordering via telephone, or, when ordering by any other means, according to the acceptance procedures for the applicable Service.
1. Home Tech Support Services
Home Tech Support Services provides support and assistance to customers covering a wide range of personal computer (called "System") questions, issues and third party hardware or application software products based on the description of the service that you order (each a "Service"). Home Tech Support will provide access to one or more support specialists ("Service Agent") for the performance of the specific type of Service you purchased ("Service Incident" or "Subscription"). Support will be provided via telephone, chat, or remote session 24 hours a day, 7 days a week.
Each Service is independent from another Service, and each Service Incident is separate from another Service Incident. Each Service Incident is designed to address a single computer or electronic device issue and is sold based on that issue presented at the time of purchase as described by the customer. Home Tech Support may use 3rd party applications over the course of troubleshooting an incident. A Service Incident will be closed once Home Tech Support has taken reasonable efforts to complete the Service. You will have three (3) days from the time we open a Service Incident to contact Home Tech Support for additional assistance before we provide final closure of the Service Incident. Issues are considered resolved as defined in section 6 below. A Service Incident will expire thirty (30) days after your purchase whether it was used or not.
Each Subscription is independent from another Subscription. Each Subscription is designed to address particular computer or electronic device issues and the number of computers a customer has and is sold based on those needs as described by the customer. Initial Subscriptions are sold with a minimum twelve (12) month commitment with payment due during that period paid on a monthly basis and may be subject to a setup fee as an additional charge. Subscriptions are also subject to auto renewal unless cancelled prior to the auto renewal as defined below. Home Tech Support may use 3rd party applications over the course of troubleshooting any issue being addressed. An issue covered under a Subscription will be closed when the conditions specific to the Support Limit of the package purchased or in Section 6 are met. All personal computer hardware and software products covered and prerequisite requirements for these Services are specified in the Supported Product list. Under this Agreement, Home Tech Support will provide a Service based on the description of the service that you ordered for products contained in the Supported Product list. Home Tech Support may, at any time, modify the scope of any of the services provided, or delete products from or add products to the Supported Product list with or without prior notice.
Home Tech Support will use commercially reasonable efforts to assist you in receiving the specific Service you have purchased. However, not all problems can be diagnosed or corrected easily, and some may require you to return your computer to its original state, reload the operating system, application software, reload your personal settings and data, or work with a third party hardware or software vendor to resolve the problem.
| Home Tech Support Single Incident Services
|Home Tech Support – Easy
||Home Tech Support – Medium
||Home Tech Support – Hard
|Single Incident of $59.99
Support Limited to one of the following issues:
- PC Tune Up
- Email client setup and configuration
- Printer support
|Single Incident of $99.99
Support Limited to one of the following issues:
- Firewall configuration
- New PC setup
- Network setup
- Smartphone setup
- Tablet setup
|Single Incident of $129.99
Support Limited to one of the following issues:
- Virus/Spyware Removal
- OS Diagnose and Repair
- Data Backup & Restore
- Network Troubleshooting
|Home Tech Support Subscription Services
|Home Tech Support – My PC
||Home Tech Support – My Home Network
|Subscription Monthly Payments of $9.99
(With 12 month minimum commitment, no set up fee)
Support Limited to:
- 1 PC in Customer household
- Support as described in Single Incident Easy, Medium and Hard
with the limitation of 1 virus removal per year or 1 Operating Season issue per year
|Subscription Monthly Payments of $17.99
(With 12 month minimum commitment Plus 1 time set up fee of $39.99)
Includes support scope described in Single Incidents and expanded to include:
- Up to 4 PC/ Tablet/ Smartphone (any combination) in Customer household
- Wireless networking set up/configuration
- Connecting devices to network
- Gaming consoles
2. Your Responsibilities
You agree to: 1) follow the procedures and fulfill the requirements that Home Tech Support provides for the Services; 2) work with the Service Agent performing the routines they specify; 3) backup your computer hard disk drive and/or other storage devices you may have before your session with the Services Agent begins; 4) be responsible for any loss, alteration or corruption of your data, software or files; 5) ensure your computer meets all requirements and specifications required for each hardware or software application installed; 6) provide the Service Agent with required passwords and key codes; 7) ensure that you have all legal rights, including copyrights for all software and other files on your computer; 8) assume responsibility for problem resolution due to third party hardware and software compatibility issues; and 9) indemnify Home Tech Support and its subcontractors, from and against any and all liabilities, damages, claims or proceedings arising out of your failure for not complying with the above items.
3. Subscription Services and Subscription Automatic Renewals
a. Subscription Services
For subscribers to Home Tech Support Subscription Services, this Agreement is effective for the term set forth in the Documentation. The default term shall be one (1) year from date of purchase. If you have provided Home Tech Support with a valid credit card number or an alternate payment method your subscription will be automatically charged to the account you have provided every month on the day of original purchase for the term of twelve (12) months from the date of your initial purchase. If a customer wishes to cancel the subscription, the subscription may be cancelled, but this does not cancel monthly payments for the initial one (1) year period as agreed to for the subscription when purchased. Cancellation will disallow any further use of the subscription and will cancel auto renewal at the end of the one year subscription.
b. Subscription Renewal
You agree that the account will be automatically renew and continue on a month to month basis until you contact Home Tech Support and direct us to cancel your subscription. Your subscription will continue for a fee no greater than Home Tech Support's then-current price less any initial set up fee that may have been applicable, excluding promotional and discount pricing.
This renewal will be processed (and your card charged) for the monthly payments. If you do not desire to have your subscription automatically renewed and to continue on a month to month basis after your initial 12 month term is completed, you must, prior to the expiration of your subscription term, inform Home Tech Support of your intention not to renew your subscription to the Service.
Payments for service may be made only via credit or debit card transactions. You agree to pay as specified by Home Tech Support the amount associated with the Service you choose, including any applicable sales, use or similar taxes, fees or duties (unless you supply exemption documentation), and any late payment fees. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Home Tech Support if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by calling the Home Tech Support toll-free number 1-877-833-1775 which is provided to you upon initiation of your service. This Agreement will terminate automatically if you fail to comply with any of the terms and conditions or other requirements described herein but purchaser shall still bear responsibility for meeting terms of the Agreement.
Home Tech Support reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
If a Service is quoted at an incorrect price due to typographical error or error in pricing information: 1) Home Tech Support has the right to refuse or cancel any orders placed for the Service quoted at the incorrect price, even if Home Tech Support has confirmed the receipt of your order and charged your credit or debit card: and 2) if Home Tech Support has charged your credit or debit card but subsequently canceled your order, Home Tech Support will promptly issue a credit to your credit or debit card account for the amount charged.
5. Refund Policy
Refunds on subscription services:
- Refunds on subscriptions may be applicable in the event of cancellation of subscription renewals. There are no refunds for initial subscriptions which incur monthly charges for a one (1) year period and there are no refunds for setup fees for subscriptions.
- Refund eligibility for auto renewals may be based on a combination of factors including number of service incidents availed and number of months into contract at the point of cancellation as described in Item 3 above.
Refunds on Incident Services:
- Refunds will be provided only within 30 days of the purchase date if the service is not used. No refunds will be granted after 30 days from date of purchase for any reason.
- There are several criteria under which a purchased incident service may be eligible for refund at the discretion of Home Tech Support. These scenarios include the following:
- Incorrect service was purchased – the refund will be only processed in conjunction with and purchase of the correct service that should have been purchased. The service will not be refunded in or of itself without a purchase of the proper service whether used or not.
- The issue is out of scope as determined by Home Tech Support and was not able to be addressed due to the nature of the issue.
- Service not available
- Duplicate purchase – This does not qualify for situations where a customer purchases another qualifying service of the same type to work on a separate issue than the one the initial service was purchased for. These are not qualifying duplicate purchases
- Any misdiagnosis of any issue is not subject to any refunds as this service is provided over the phone with you in possession of the computer and the service based upon what you report to and relate to the technician(s) and the inability of the technicians to physically examine the computer or electronic device that may have hardware issues beyond the technician's ability to address. Further, no refunds will be granted if any parts or software (to include operating system software) is identified to be needed to resolve the issue as this service does not provide any parts, software, or repair service and you were provided operating system software with the computer when you purchased it and are responsible for its safeguarding.
6. Resolution of Issues
All service provided under both subscriptions and incidents will be considered to be resolved and therefore valid and chargeable under the following conditions:
A Problem (or Issue) will be considered resolved when you receive one of the following: (a) information or service that resolves the Problem or Issue; (b) information on how to obtain a software solution that will resolve the Problem or Issue; (c) notice that the Problem or Issue is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Problem or Issue can be resolved by upgrading to a newer release of a product; (e) notice that the Problem or Issue has been identified as a hardware equipment issue; or (f) you cannot, or elect not to, pursue the course of action we recommend.
Your right to use the Services is not transferable. You may not use the Services in connection with any sharing arrangement, on behalf of any third-party or with respect to any device not owned by you or software program not installed on devices owned by you.
8. Scope of Services
In the course of providing the Services, Home Tech Support may determine that the issue is beyond the scope of the Services. Customer acknowledges that Home Tech Support may not be able solve Customer's particular problem. You acknowledge that not all spyware, malware or virus can be successfully removed, and that such removal or removal attempts may impact the performance of other software programs on the customer's system. Home Tech Support does not guarantee or warrant that any or all spyware, malware or virus will be or can be removed, and Home Tech Support does not guarantee or warrant that any spyware, malware or virus removal or removal attempt will not impact the performance of other programs on customers' systems.
9. Fair Use Policy
To protect Home Tech Support against extreme cases of abuse, Home Tech Support reserves its right to cancel your subscription at any time and at its discretion. See item 5 for details regarding our Refund Policy.
10. Home Tech Support Warranties
Home Tech Support warrants that it will perform Services using reasonable care and skill.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Home Tech Support does not warrant that Home Tech Support will be able to correct all problems.
11. Limitation of liability
YOU EXPRESSLY AGREE THAT HOME TECH SUPPORT, INCLUDING ITS SUPPLIERS, SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, FOR ANY LOSS OF REVENUE, PROFIT, DATA, USE OF MONEY, USE OF TIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, FORESEEN, FORESEEABLE, UNFORESEEABLE, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE, TO THE EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO ALL CLAIMS OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM SERVICE AVAILABILITY, YOUR ACCESS AND USE OF THIRD PARTY SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATING TO THE SERVICE PROVIDED HEREIN. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HOME TECH SUPPORT OR ITS SUPPLIES FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE FEES PAID BY YOU IN THE SIX (6) MONTHS DIRECTLY PRECEDING THE PROPER SERVICE OF A CLAIM.
11.1 Liability Release
YOU agree that neither Hughes Communications, Inc. nor any of its affiliated entities (collectively "Hughes") are a party to this contract and that YOU waive any and forever release Hughes from any claim or cause of action that you may have relating to or arising from the formation of this contract or any aspect of the provision of any of the Services or the billing of or collection for the Services
Both of us agree that under this Agreement: 1), all information exchanged is non confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement; and 2) any information disclosed or provided to Home Tech Support, over the telephone or electronically is not customer proprietary information.
Home Tech Support and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, location, and e-mail addresses, to process and fulfill your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, we may use this information to inquire about your satisfaction with our products or services or provide you with information about other products and services and, if we do so, you may at any time decline to receive any further such communications from us. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner
If any provision of this Agreement is deemed unenforceable or void, the remaining provisions will continue to be in effect.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.