Remote Support Terms and Conditions
The following are the terms of the agreement between Southern New England Computer Services, LLC (“Provider”) and the buyer of Services (“Client) through www.helpri.com and/or www.snecsllc.com (“Site”). If you do not agree to these terms, you will not be able to purchase any Services offered by Provider, so please review these terms carefully:
1. SERVICES PROVIDED
a. General: Provider is prepared to provide professional services to Client to repair, analyze and troubleshoot computer hardware on a remote access basis (“Services”).
b. Although Provider will endeavor to conduct all activities in a timely manner, Client understands that troubleshooting issues may be a time-consuming process and agrees to pay Provider as set forth herein for troubleshooting time as necessary.
c. If Provider is requested to conduct further research on a specific issue, Client will be billed for research time on a case-by-case basis.
d. Provider reserves the right to recommend another IT Provider if the troubleshooting requires the assistance of another IT Provider to assist. Client will contract with the other IT Provider separately. Client also agrees to pay for all hardware/licenses necessary to repair or protect their computer.
2. CALCULATION OF FEES AND OTHER CHARGES
a. Payment for Services shall be forty-nine dollars ($49) per half hour. Minimum charge is forty-five dollars ($49).
b. Time shall be billed in thirty (30) minute increments for general troubleshooting.
c. Upon remote connection, a forty-five dollar ($49) pre-authorization shall be charged to Client’s credit card and Client is responsible for any additional charges by their credit card Provider or bank.
d. If Client requires training in back-up methods and procedures, Provider may provide such training to Client upon Client’s request at an additional rate of one hundred dollars ($100) per hour.
It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for Services, materials or equipment rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Provider for the state of use.
a. Client releases and holds harmless Provider from any and all liability associated with the performance of Services hereunder.
b. Client releases and holds harmless Provider from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of Provider, its agents, or service representatives
c. Client agrees to safeguard critical data by backing up said data prior to any Services or Support performed by Provider. Client understands and agrees that Client is solely responsible for any backup, archiving, or protective storage as well as restoration if required, of Client’s data.
PROVIDER MAKES NO OTHER WARRANTIES ABOUT THE SERVICE OR EQUIPMENT PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE OF EQUIPMENT, LOST DATA, COSTS OF SUBSTITUTE EQUIPMENT OR LOSS OF CLIENTS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF MADE AWARE OF THE POSSIBILITY OR PROBABILITY OF SUCH LOSSES.
a. Amendments. Amendments to this Agreement shall be in writing become effective as an amendment only on the written approval of all of the parties hereto.
b. Governing Law. This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Rhode Island, without regard to principles of conflicts of law.
c. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter of this Agreement. No agreements, understandings, restrictions, representations, or warranties exist between or among the parties other than those in this Agreement or referred to or provided for in this Agreement.
d. Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.
e. Severability. If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of this Agreement will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this Agreement.
This Agreement represents the entire understanding between Client and Provider regarding any sale of Services hereunder and supersedes any prior statements or representations. By purchasing Services of Provider or downloading remote software of Provider, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THIS CONTRACT.