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Tech Joe's Computer Support Terms and Conditions

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1. The Plan.

 

These terms and conditions of this service contract (“Terms and Conditions”) govern and describe the technical support service (the “Service”) we will provide you under the Tech Joe's Computer Support plan (the “Plan”). References to “you” and “your” are references to the person who is authorized to receive Service per Section 8, below. References to “we”, “our” and “us” are referring to E-Town Electronics Inc. and their employees or third party service providers, as the case may be.

 

 

2. When Your Plan Begins and Ends; Types of Plans

 

 

a. Your Plan begins on the date you purchase this Plan and shall end as explained below depending on what type of Plan you purchased (the “Service Period”):

 

1) One-Time-Pay Plans.(Annual) If you paid for your Plan in one payment, based upon a specific term, Service under your Plan will end one year from the date on which it started.

 

2) Continuous Monthly Plans. If you selected a month-to-month Plan, your Plan will continue indefinitely on a month-to-month basis until it is cancelled. Until the Plan described in this paragraph is cancelled, you authorize us to charge your credit or debit card at the same day you purchased the plan for the amount specified on your purchase confirmation or payment receipt.

 

b. Cancellations/Renewals. For more information on how your Plan may be cancelled or renewed, please refer to Section 9, below.

 

 

3. What is Covered?

 

 

a. This Plan provides Service for two eligible devices, which may be personal computers (notebooks, laptops and desktops) or tablets. Mobile phones are not eligible devices. You choose the eligible devices that you want covered when you request Service under this Plan and these devices become the “Covered Products”. You may update the Covered Products associated with this Plan at any time in the event you replace or exchange an eligible device.

 

b. During the Service Period, we will provide you with access to in-store, telephone and web-based technical support resources. Service may include assistance with software installation, configuration and troubleshooting; password reset; interpreting system error messages and determining when hardware service is required.

 

c. The Service also includes assistance with the initial set-up of your Covered Products, connecting your Covered Products to an active home network; computer tune-ups including operating system updates; fan, screen and keyboard cleaning; the labor to remove and install your hard drive or memory if you if you require an upgrade or replacement; and, upon your request, removing data from your hard drive.

 

d. Upon your request, we will diagnose and repair operating system problems and virus/malware issues causing start-up and shut down issues, slow performance, system crashes, error messages and unwanted pop-up windows.

 

 

4. What’s Not Covered?

 

 

a. Troubleshooting issues that are likely to be resolved by upgrading your operating system or consumer software to the current version, if you choose not to upgrade.

 

b. Training services.

 

c. Server support including but not limited to any server administration and set up, server software applications/OS installation and support or server diagnostics and tune-ups.

 

d. Except for connecting your Covered Device to an active home network, the Service shall not include any home network support, router support or support for devices connected to your Covered Products.

 

e. Damage to or loss of any software or data that was residing or recorded on the Covered Products. This Plan does not cover the recovery or reinstallation of data, software, information or other files stored on your hard disk drives or any other data storage device.

 

 

5. How To Obtain Service.

 

 

You may obtain service by accessing our website, www.techjoes.com, or by calling us at 270-351-9110 between the hours of 10am to 6pm EST Monday thru Friday

 

 

6. Your Responsibility to Back-Up Data.

 

 

Prior to us servicing your Covered Device or any other equipment, it is your responsibility to (1) back-up the data, software, information or other files stored on your hard disk drives or any other data storage device; and (2) remove and/or disconnect all USB flash drives, optical discs, external hard drives and other removable data storage devices and media from your Covered Device or other equipment that you provide to us.

 

 

7. Your Other Responsibilities.

 

 

To receive service or support under the Plan, you agree to comply with each of the terms listed below.

 

a. To receive web-based remote technical support, you will need to provide a high speed internet connection.

 

b. You will provide information about the symptoms and causes of the issues with the Covered Product.

c. You will respond to requests for information such as the Covered Product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Product, any error messages displayed, the actions which were taken before the Covered Product experienced the issue and the steps taken to resolve the issue.

 

d. You are responsible for delivering and picking up your Covered Product for in-store service.

 

e. You will be required to sign a service order disclaimer or other service order terms for certain services. This service order disclaimer or other service order terms do not form a part of this Plan and are a separate legal document.

 

 

8. Eligibility for Service; Transferring Your Plan.

 

 

We will provide Service in respect of the Covered Products to the original purchaser of this Plan or any person that is in lawful possession of a Covered Product. At our discretion, we may ask questions and take steps to verify that the person seeking service is in lawful possession of it and, in some cases, whether the serial number of the device matches our records concerning a Covered Product. If ownership of all the Covered Products have changed to the same person and/or the responsibility for the Plan has changed, we will, without charge, update our records to reflect the transfer of ownership and/or responsibility for the Plan as the case may be. The original purchase receipts and any service receipts should be transferred to the new owner. You may call 270-351-9110 to transfer your Plan.

 

 

9. Cancellation; Renewal.

 

 

a. Cancellation within 30 Days. You may cancel this Plan and obtain a refund in the amount you paid for the Plan if the cancellation occurs within 30 days of the date of purchase of the Plan. At our discretion, we may deduct from any refund the value of services already provided.

 

b. Cancellation after 30 Days.

 

1) One Time Pay Plan. You may cancel a One Time Pay Plan after 10 days from the date of purchase but no refund will be due.

 

2) Renewed One Time Pay Plan. If you agree to renew your One Time Pay Plan, you may cancel the renewal term and receive a full refund for the renewal term if you cancel within the first 10 days of the renewal term. If you cancel the renewal term at any time after the first 10 days, we will issue you a refund for any full months remaining under your renewal term.

 

3) Continuous Monthly Plan. If you cancel a Continuous Monthly Plan at any time after the first 30 days, the cancellation will take effect at the end of the monthly billing period for which you have already been charged. The cancellation will prevent you from being charged for any further monthly billing periods.

 

c. Cancellation or Suspension of Service by Us. We may cancel this Plan for convenience and discontinue providing service at any time upon written notice to you and issue you a pro-rata refund for any prepaid amounts. We may also cancel this Plan immediately or suspend service without notice, at our discretion, if you fail to make a payment when due or we are unable to process a credit or debit card charge or while any such charge is pending if your account is past due.

 

d. Renewals based on Plan Type

 

1) One Time Pay Plan. At our discretion, we may offer you a renewal of your One Time Pay Plan or a new service contract. Any renewal or new service contract that we offer you may contain different pricing, coverage and benefits as compared to your original Plan. We are not responsible for giving you notice of the expiration of your Plan. Therefore, you may not receive any communication from us prior to your Plan expiring unless we offer you a renewal of this Plan or a new service contract.

 

2) Continuous Monthly Plan. As explained in Section 2, your Continuous Monthly Plan will continue indefinitely on a month-to-month basis until it is cancelled by you or us as explained in Section 9(a)(b) and (c) above. We will obtain your advance consent if we desire to increase the price or materially reduce the coverage or benefits under the Plan for any future billing period.

 

 

10. Privacy Policy.

 

 

It is our policy to respect the privacy of its customers. For information on our privacy practices, please call 270-351-9110 or review our privacy policy at www.techjoes.com/privacy.

 

 

11. Limitations of Service.

 

 

We shall not be liable for any failure or delay in performance due to any cause beyond its control. We reserve the right to refrain from providing the service and instead refund your payment, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms and Conditions, as determined by us.

 

 

12. DISCLAIMER OF WARRANTIES.

 

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. WE MAKE NO 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. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE 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. YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESUL TS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US 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 YOU.

 

 

13. LIMITATION OF LIABILITY

 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

 

(I) WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN; AND

 

(II) OUR TOTAL LIABILITY UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF YOUR PLAN INCLUDING TAXES.

THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.

 

 

14. LAWS

 

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kentucky, excluding its conflict of law provisions. If any provision(s) of these Terms and Conditions is/are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

 

 

15. ENTIRE AGREEMENT

 

 

These Terms and Conditions and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under your Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of E-Town Electronics Inc. dba Tech Joe's Computer Support  have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of this Plan – either orally or in writing.

 

 

Last Revised- August 28, 2017

© 2017 E-Town Electronics Inc, dba Tech Joe's Computer Support. All rights reserved. Privacy Policy | Tech Joe's Computer Support  Terms & Conditions 

 

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