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.
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 8am – 11pm ET on weekdays and 8am – 8pm ET on weekends.
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 a 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 yearly or 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.
Support Limited to one of the following issues:
Support Limited to one of the following issues:
Setup includes 1 PC or Mac + one additional device
Troubleshooting includes support on 1 device
Support Limited to one of the following issues:
(No set up fee)
* Subject to Fair Use Policy (Section 9)
(+ $39.99 With Setup fees)
(No Setup Fees, With 12 months commitment)
* Subject to Fair Use Policy (Section 9)
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.
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 year or 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 renewed and continue as a yearly or 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. For yearly subscriptions, we may send you an email notification informing you of the upcoming renewal. It is your responsibility to ensure that your card information on file is updated for automatic renewal and to avoid uninterrupted services. You can call us on 1-877-629-1134 to update your account information. For credit and debit cards, you understand and agree that we also update such information through your card issuer and the relevant card network and we may use the updated card information to charge amounts you owe us.
This renewal will be processed (and your card charged) for the yearly or 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 1-877-629-1134 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.
Refunds on annual subscription services:
Refund table: 1.a
|Service||0 incidents, 0-3 Months||0 incidents, 4-6 Months||0 incidents, 6-9 Months||0 incidents, >9 Months||1 incident used||2 incident used||More than 2|
|HTS Yearly Subscription Plan||100%||75%||50%||25%||50%||25%||0%|
Refunds on monthly subscription services:
Refund table: 2.a
|Service||0 incidents, 0-3 Months||0 incidents, 4-9 months||0 incidents, 9-12 months||1 incident, 0-3 months||2 incidents, 0-3 months||More than 2 Incidents|
|HTS Monthly Subscription Plan A $17.95/month + $39 Upfront with No Commit||100%||30%||00%||50%||25%||0%|
Refund table: 2.b
|Service||< 6 months||>6 months, 0 Incidents||>6 months, 1 Incident||>6 months, 2 Incidents||> 6 months, > 2 incidents|
|HTS Monthly Subscription Plan B $19.95/month - No Upfront with 6-month Commit||$12 * number of remaining months||30% * amount paid||50%||25%||0%|
Refunds on Incident Services:
In order to provide the Services, we may ask you to download and install certain tech support enablement software (“Support Tools”) that allows remote access to your Device and help the support agents in troubleshooting using the automated tools. You authorize us to remotely access and take control of your Device using the Remote Access software and use automated Tools during to resolve your technical issues. If you do not authorize remote access, do not download the Support Tools. We may use other proprietary & third party Support Tools with additional licensing terms that apply. We will undertake reasonable efforts to remove the Support Tools after each session; however, the Support Tools may leave behind system report(s) and/or activity log file(s). In addition, for subscription services, we will install “PC Assistant” software on your Device, which performs tune-ups and other system performance improvements during the term of your subscription. This software will be deactivated upon the expiration of the subscription
All service provided under both subscriptions and incidents will be considered 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.
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 every technical 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.
Use of the support Services for the Subscription based plans shall be subject to a "fair use" policy as discussed herein. Under this policy, if at any time, based on Home Tech Support’s sole discretion, a Subscription-based plan user is found to be abusing the Service by exceeding the level of use reasonably expected from using a Subscription-based plan for individual use, then Home Tech Support reserves the right to suspend or terminate the user’s Subscription Services. In addition, Home Tech Support reserves the right to suspend or terminate any Subscription Service of any user that Home Tech Support, in its sole discretion, determines to be used (a) fraudulently, (b) by any person other than user, or (c) for any computer system other than the primary/ registered system(s). See item 5 for details regarding our Refund Policy.
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.
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.