APPLICATION AND ACCEPTANCE OF GENERAL TERMS OF SERVICE
By purchasing, using and/or receiving a EagleTech web-based or remote technical support, data, repair or networking service (“Service”), you accept and agree to be bound by these EagleTech Remote Services Terms and Conditions, as updated by EagleTech from time to time (“Service Terms”).
These Service Terms, together with the terms of your purchase receipt, comprise the entire agreement between you and EagleTech with respect to the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees of EagleTech have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify these Service Terms – either orally or in writing.
References herein to “EagleTech” are referring EagleTech employees or third party service providers, as the case may be. References herein to “you”, “your” or “I” are references to the person purchasing, using and/or receiving the Services which are subject to these terms and conditions.
PREREQUISITES
To receive the Service, you will need a broadband or high-speed internet connection and modem. You will also need to provide information about the symptoms and causes of issues you are experiencing. You will need to respond to requests for information such as your product serial number, model, version of the operating system, and software installed, any peripheral devices connected to or installed on your product, any error messages displayed, the actions which were taken before your device began experiencing issues and steps already taken to try to resolve the issues.
If you require in-person services, you will be responsible for requesting an appointment and being present for the set appointment. You will also be required to sign a service order disclaimer or other service terms, which are separate legal documents and do not form a part of these Service Terms.
ADDITIONAL COSTS
Additional costs and fees may apply to orders where the service required exceeds the scope of work for services already purchased. EagleTech will provide you with notice of the cost of additional services prior to performing work beyond the Services already purchased.
NON-CANCELABLE
Unless otherwise stated in writing, all fees and charges are non-cancelable once service begins.
SOFTWARE
EagleTech may use tools it deems necessary for Services, including remote access, and may install software that allows you to obtain additional technology services. For software installations, you authorize EagleTech to accept End User License Agreements on your behalf.
PRIVACY POLICY
It is EagleTech’s policy to respect the privacy of its customers. The information you provide to EagleTech will be handled according to the EagleTech Privacy Policy available at http://www.teameagletech.net, by clicking the “Privacy” link at the bottom of the homepage. For information on EagleTech’s privacy practices, please review the policy or call (571) 605 7117
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
You agree that prior to EagleTech performing the Service it is solely your responsibility to back-up the data, software, information or other files stored on your product.
LIMITATIONS TO SERVICE
EagleTech shall not be liable for any failure or delay in performance due to any cause beyond its control. EagleTech reserves the right to refrain from providing the Services ordered on the basis that the minimum system requirements are not met or the technical needs or other requirements you have are unusual or extensive and beyond the scope of these Service Terms, as determined by EagleTech.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE SERVICE AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EAGLETECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EAGLETECH DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EAGLETECH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE, EVEN IF EAGLETECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY THE SERVICE, EAGLETECH’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, EAGLETECH’S MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATED TO EAGLETECH UNDER THESE SERVICE TERMS WILL BE LIMITED TO THE SUMS PAID BY YOU TO EAGLETECH UNDER THESE SERVICE TERMS DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. I HEREBY WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS, WHETHER OR NOT I HAVE REQUESTED EAGLETECH ATTEMPT TO BACK UP MY DATA, AGAINST EAGLETECH AS UNDER NO CIRCUMSTANCES SHALL EAGLETECH BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOSS OF ANY MEDIA FROM MY PRODUCT.
LIMITED SERVICES WARRANTY
Notwithstanding the foregoing, EagleTech will correct, for no additional charge, any defects in workmanship of the Services within 30 days from the date you received the Services at your home or business or 30 days from the date you picked up your product following Services performed at a EagleTech location; however, for repairs necessitated by a virus or spyware, this 30-day warranty is only valid if the antivirus and antispyware protection for your product is installed or updated during the repair or before you again connect to the Internet.
LAWS; INVALID TERMS
These Service Terms and any Services provided under these Service Terms will be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law provisions. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
COMMUNICATION
PHONE CALLS & TEXTING: EagleTech may call or text you at the phone number you provided (including any mobile number) should we lose connectivity during our chat session, to inform you about the status of your service and to obtain prior approval for services that will exceed the minimum approved amount stated on the service order. Calls may be live or pre-recorded and calls or texts may be made via automated dialing system. Voice and Data Rates May Apply.
