Terms of Service

The following are the terms and conditions for use of The Expert Tech Computer Service. Please read them carefully. Our Service is offered to you with the condition you accept without modification the terms and conditions contained herein. The Expert Tech Computer Service may change the Terms of Service at any time. You understand that by using the Service after a change becomes effective, you have agreed to it. By purchasing Service from The Expert Tech Computer Service, you are indicating your agreement to be bound by all of the terms and conditions set forth in this document.

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF The Expert Tech COMPUTER SERVICES, THE COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH The Expert Tech COMPUTER SERVICES. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

1. GENERAL

These Terms of Service (the "Agreement") are entered into by and between the customer ("you", "your" or "Subscriber") and The Expert Tech Computer Service, partnership ("The Expert Tech", "us" or "we"). You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone order; (b) your accepting the Terms of Service electronically in the course of initiating a support request whether online, by telephone or on-site; (b) your use of the Service. This Agreement is made up of the terms below, plus the Privacy Policy, all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the our website (http://www.The Expert Tech.net) ("Website"). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which The Expert Tech agrees to provide the Service to you. You may also receive a paper copy of this Agreement by telephoning The Expert Tech at 978-609-5520.

2. DEFINITION OF SERVICE

For purposes of this Agreement, the term "Service" shall mean The Expert Tech Computer Service , including all software, technical support,newsgroups, email and other features, products and services provided by The Expert Tech under the service option that you have selected. The Service may be referred to as, "On-Site Computer Support Service", "In-Home/Office Computer Support Service", or "The Expert Tech Computer Service".

3. AUTHORIZED USER, USE, AND RESPONSIBILITIES

You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You agree to promptly notify The Expert Tech whenever your personal or billing information changes (including for example, your name, address, and telephone number.

4. PRIVACY POLICY

The Expert Tech will treat your personal information in accordance with its current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes The Expert Tech's use and disclosure of information about your account and your use of the Service.

5. SOFTWARE LICENSES AND THIRD PARTY SERVICES

5.1 Technical assistance or support with regard to third party software provided by the Software supplier is solely provided in accordance with such third party's policies or other terms.

5.2 Other Third Party Agreements: If you subscribe to or otherwise use any third party services offered by or through The Expert Tech, your use of any such services is subject to the terms of services 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 supprt, portal, training, music, gaming and storage services that The Expert Tech may elect to make available from time to time. Violation of such third party provider's terms of service may, in The Expert Tech's sole discretion, result in the termination of your customer account and use of service.

6. TERM AND TERMINATION

6.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement and shall continue until terminated by either party as permitted by this Agreement. Billing for your computer support service will apply on an 'as used' basis.

6.2 Termination of Service.

6.2.1 Pay-as-you-go Service. If you are a pay-as-you-go service customer, either you or The Expert Tech may terminate this Agreement without cause by giving notice to the other party. Termination by you will be effective upon your notice to The Expert Tech. Activation or set-up fees paid at the initiation of your service, if any, are not refundable. Termination by The Expert Tech shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by The Expert Tech, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination.

6.2.2 Termination and/or Suspension by The Expert Tech. If, in the sole discretion of The Expert Tech: (a) you are in breach of any of the terms of this Agreement; (b) The Expert Tech receives an order from a court to terminate your Service; (c) if The Expert Tech for any reason ceases to offer the Service; or (d) if you are no longer a The Expert Tech customer, then The Expert Tech at its sole election may terminate or suspend your Service immediately without notice.

6.2.3 Terminated Account. The Expert Tech, in its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.

7. PRICING AND PAYMENT

7.1 Pricing and Fees. The Expert Tech fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the The Expert Tech web site at Service Options unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. The Expert Tech or its agent will bill you directly, as you request and as approved by The Expert Tech. The Expert Tech does not accept credit and/or debit cards for payment of any charges or fees. If a check payment is returned for any reason a $25.00 returned check fee will apply.
7.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time in the placement of Service charges on your check, or your bank provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with an alternative way of payment.

7.3 Late Fees. If any portion of your bill is not paid by the due date, The Expert Tech may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of one and one-half percent (1.5 %) per month, or the highest rate permitted by law. In the event The Expert Tech utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.

7.4 You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of that Service.

7.5 Missed Appointments. If you do not contact The Expert Tech a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at The Expert Tech's option, a missed appointment fee according to the following schedule:

On-Site Computer Support: $25 missed appointment fee

7.6 Service Without Resolution. The Expert Tech will make every attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If The Expert Tech is unable to resolve your computer problem, you will still be liable for charges for time spent by The Expert Tech in an attempt to correct a problem.

7.7 The waiver of any fees or charges lies solely at the discretion of The Expert Tech.

8. LIMITATIONS ON USE OF THE SERVICE

8.1 You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.

8.2 You are not authorized to use any The Expert Tech name or mark as a hypertext link to any The Expert Tech Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of The Expert Tech. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply The Expert Tech's approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content.

9. WARRANTIES AND LIMITATION OF LIABILITY

9.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY The Expert Tech (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), The Expert Tech (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY The Expert Tech OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF The Expert Tech COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

9.2 IN NO EVENT SHALL The Expert Tech (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF The Expert Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

9.3 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO The Expert Tech'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS.

9.4 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH The Expert Tech (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), The Expert Tech'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, ARE COLLECTIVELY RESPONSIBLE.

9.5 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

9.6 The Expert Tech RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Expert Tech from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you; (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you; (c) negligent acts, errors, or omissions by you; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

11. NOTICES

11.1 Notices by The Expert Tech to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

11.2 With regard to electronic communications, you and The Expert Tech further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email'), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

12. GENERAL PROVISIONS

12.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

12.2 The Expert Tech will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

12.3 You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

12.4 You and The Expert Tech agree that the substantive laws of the State of Massachusetts, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND The Expert Tech CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN BOSTON, Massachusetts FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Massachusetts laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.5 In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.

12.6 The Expert Tech's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

12.7 This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and The Expert Tech with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.