These terms and conditions ("terms of use") state important requirements regarding your use of Geek Techs website and Geek Techs computer services service and your relationship with Geek Techs. You should read them carefully as they contain important information and instructions such as how long it lasts, fees for early termination, our rights to change its conditions, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your service plans from us, including all your existing plans. Your acceptance of these terms & conditions will be implied by the use of the Geek Techs service.
AGREEMENT These terms and conditions, together with each accepted plan order submitted by you, any additional terms mentioned for your plan order and the privacy policy, state the entire agreement between you and Geek Techs (the "agreement"). The plan order will form the part of the "agreement" only if the same has been acknowledged by Geek Techs in writing. You must agree to the terms and conditions in order to be eligible to use the Geek Techs portal (defined below), or obtain services (defined below). DEFINITIONS Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions. Geek Techs "Geek Techs" is used by Geek Techs. All references to Geek Techs refer to Geek Techs. Geek Techs CERTIFIED TECHNICIAN/(S) "Geek Techs Certified Technician" means technicians and specialists certified by Geek Techs to perform the Services under this Agreement. "YOU" OR "YOU" "You" means you individually, any person, including any employer that you are acting on behalf of. "CONTENT" Software, Materials, Services and other related information are collectively referred to as "Content." "SUBSCRIPTION BASED PLANS" "Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by Geek Techs that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like. "SERVICES" AND "Geek Techs PORTAL" All references to "Services" refer to any Geek Techs service delivered through Geek Techs, under the plan that you enter into with Geek Techs through use of the Geek Techs Website located at www.geektechsonline.com (the "Geek Techs Portal") or by calling the Geek Techs phone number mentioned on the Geek Techs Website. These Terms of Use govern all plans available through the Geek Techs Website, and any use of the Geek Techs Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services ("Plan Order"). "SOFTWARE" "Software" means a computer program of any kind, whether owned by Geek Techs or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or internet security software. SCOPE OF SERVICES You may initiate the Services via telephone, via the Site, or other means made available by Geek Techs. Geek Techs will use commercially reasonable efforts to answer your technology problem and resolve the same for a fee as set forth in the Site or as quoted on the telephone, as applicable. Geek Techs may provide certain portions of the Services via phone, online chat. We may set forth limits to the technology we can services. Certain Services may have minimum system requirements. SUBMISSION OF PLAN ORDERS; SERVICE PLANS You may order Services by submitting Plan Orders through the Geek Techs Portal or by calling Geek Techs. Once Geek Techs accepts the Plan Order submitted by you, then you will receive a message from Geek Techs at the mailing address that you provide or have provided to Geek Techs as part of the Registration Process for the Services. Geek Techs is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Geek Techs of a Plan Order, you will have a Service Plan. UNDERTAKING Subject to the Terms and Conditions, and other terms specific to each Service Plan, Geek Techs will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Geek Techs will attempt problem diagnosis and a solution through chat, mailing or other means as it deems most appropriate under the circumstances. There may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Geek Techs Limited Warranty, which is set forth below. For more information, please refer to online documentation. PAYMENT Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Geek Techs has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. Credit Card Billing: You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Geek Techs to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Geek Techs and/or any other company who bills products or services, or acts as billing agent for Geek Techs to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Geek Techs with updated credit card information upon Geek Techs request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Geek Techs nor any Geek Techs affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Geek Techs option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00. REFUND POLICY Geek Techs services are delivered on a state-of-the-art integrated delivery platform that allows us to services your computer. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows: For our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase. For our incidental (one-time-use) plans, the Money-Back Guarantee is valid for 7 days, beginning at the time of 1st Incident. PRIVACY POLICY The Geek Techs Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (http://www.geektechsonline.com/privacy-policy.php). If you have not yet reviewed the Geek Techs Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Geek Techs over the telephone, electronically or otherwise, is not confidential or proprietary to you. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Geek Techs Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Geek Techs server, or the network(s) connected to any Geek Techs server, or interfere with any other party's use and enjoyment of any of the Geek Techs Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Geek Techs Portal, the Materials, Software or Services, other accounts, computer systems connected to any Geek Techs server or to any of the Geek Techs Portal, the Materials, Software or Services, through hacking, account mining or any other means. You may not obtain or attempt to obtain any Geek Techs Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though Geek Techs has no limits on the amount of online services requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the services for the subscription based plans are subject to Geek Techs "fair use" policy. Under this policy, if at any time, in Geek Techs sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Geek Techs reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Geek Techs reserves the right to suspend or terminate any Subscription Services of any Subscriber that Geek Techs, in its sole discretion, determines are being used: 1. Fraudulently, 2. By any person other than Subscriber, or 3. For any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Geek Techs; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service. COMMUNICATIONS SERVICES Geek Techs may provide you with the use of mailing services, addresses, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Geek Techs employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose. GUESTS; LIMITED LICENSE TO USE OF Geek Techs PORTAL If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the Geek Techs Portal by current Geek Techs customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest". As a Guest you may use the Geek Techs Portal and Materials specifically designated as available to guests on the Geek Techs Portal for the limited purposes of: 1. Deciding whether to subscribe to the Services provided by Geek Techs. 2. Registering with Geek Techs and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license. LIMITED LICENSES TO USE THE Geek Techs PORTAL, MATERIALS AND SOFTWARE As permitted through a Service, you may use Materials and Software posted on the Geek Techs Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions. GENERAL LICENSE RESTRICTIONS Any other use of the Geek Techs Portal, Services, Materials or Software, other than as explicitly permitted by Geek Techs is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Geek Techs and its suppliers. Reverse engineering and recompilation of the Software is strictly prohibited. USER RESPONSIBILITY In connection with obtaining Services, you agree that you will: Cooperate with the Geek Techs Technician: We will use commercially reasonable efforts to provide the services to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true: 1. The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals; 2. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; 3. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Geek Techs services personnel.AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Geek Techs reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Geek Techs ability to schedule a services session. You hereby release Geek Techs from any and all liability, and agree that Geek Techs shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Geek Techs or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control. EXCLUSIONS FROM "SERVICES" "Services" shall not include the following:1. External causes such as accident, abuse, misuse, or problems with electrical power;
2. Usage that is not in accordance with product instructions provided by manufacture; 3. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or 4. Problems caused by using accessories, parts, or components not compatible with the product. 5. Non Compliance with the Geek Techs technician instructions for resolving the query. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Geek Techs PORTAL, OR THROUGH A SERVICE For your convenience, Geek Techs may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Geek Techs Web site may be copied or retransmitted unless expressly permitted by Geek Techs . WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE. END USER LICENSE AGREEMENTS (EULA) - GENERALLY In connection with our Service, we may provide to you, the use of certain software which is owned by Geek Techs or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from Geek Techs or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA. EULA FOR Geek Techs SOFTWARE With regard to any Software made available to you by Geek Techs through the Geek Techs Portal for which your acceptance of a separate license agreement is not required ("Geek Techs Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Geek Techs to use the Geek Techs Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Geek Techs Software. You agree that the Geek Techs Software is the confidential and proprietary information of Geek Techs or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Geek Techs Software, or otherwise reduce the Geek Techs Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Geek Techs Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Geek Techs Software. You acknowledge that this license is not a sale of intellectual property and that Geek Techs or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Geek Techs Software and related documentation, as well as any corrections, updates and upgrades. The Geek Techs Software may be used only in the country of residence at the time of acceptance of these terms for use of the Geek Techs Software. Export of the Geek Techs Software is strictly prohibited. THIRD PARTY SOFTWARE As part of the Services, Geek Techs may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Geek Techs assists you in the acquisition, installation, and/or use of Third Party Software. Geek Techs has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Your license to the Geek Techs Software shall remain in full force and effect unless and until terminated by Geek Techs, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Geek Techs Software and immediately delete the Geek Techs Software from your computer. To the extent that we provide technical assistance and services for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such services and if so, to acquire such rights. You acknowledge that services of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment. THIRD PARTY AGREEMENTS As part of the Services, Geek Techs may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical services, portal, training, music, gaming and storage services that Geek Techs may elect to make available from time to time. Violation of such third party provider's terms of service may, in Geek Techs sole discretion, result in the termination of your customer account and use of service. LIMITED SERVICE WARRANTY Geek Techs disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability or fitness for a particular purpose, or otherwise. In the event that you are not satisfied with the services, your sole remedy is to (a) allow Geek Techs to repertory the services subject to dispute, (b) re-download and reinstall the software. Some of the Geek Techs service plans come with a 7- day limited service warranty as provided in online documentation for those specific plans. This 7- day limited service warranty is subject to fulfillment of the terms for the specific service plan which is in addition to the terms and conditions in this document Geek Techs and/or its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided "as is" without warranty of any kind whatsoever. Geek Techs and/or its respective suppliers hereby disclaim all warranties of any kind whether express or implied with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. The materials could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Geek Techs and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time. In no event shall Geek Techs and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data revenue or profits, whether in an action of contract, negligence or other tortious action, incurred by you or any third party, whether arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials. LIMITATION OF LIABILITY Notwithstanding anything to the contrary in no event shall Geek Techs be liable to you in excess of the amounts actually paid by you to Geek Techs under the Plan Order that is the subject of the dispute. LIMITATIONS ON ACTIONS Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. TERM AND TERMINATION Geek Techs at its sole discretion, may terminate or suspend your Service immediately without notice if: 1. You are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; 2. your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Geek Techs , or the use and enjoyment of Geek Techs other users; 3. Geek Techs receives an order from a court to terminate the Service you are availing; 4. If Geek Techs for any reason ceases to offer the Service; 5. If you are no longer a Geek Techs customer, or 6. Geek Techs determines that you are abusing the Service. Geek Techs, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service. SEVERABILITY; WAIVER If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Geek Techs failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. NO OFFER The Geek Techs Portal is available internationally and may contain references to Geek Techs products, services, and programs that are not available in a viewer's country. These references do not imply that Geek Techs intends to make such products, services, or programs available in such country. MODIFICATION Geek Techs reserves the right to amend the Terms and Condition, and the Geek Techs Portal at any time by 1. Posting a revised version of the Terms and Conditions on the Geek Techs Portal (), 2. Sending information regarding any amendment to the Terms of Service to the mailing address you provide to Geek Techs in connection with registration. You are responsible for regularly reviewing the Geek Techs website to be notified of any amendments to the Terms and Conditions.