In Home Tech System Warranty and support agreement
In Home Tech warranty covers equipment provided by In Home Tech that has included warranty and or expressly warrantied by In Home Tech. In Home Tech warranties for installed items cover all aspects of the installation including but not limited to equipment, components, wiring, and connections. It is at the sole discretion of In Home Tech to determine the nature and validity of the issue to be covered under the warranty and or support provided. Items that will be covered are the following: workmanship, defective items, improper configurations by technician. Items that will not be covered are: Acts of nature, intentional damage or damage done by persons not employed by In Home Tech. In Home Tech warranty does not cover user level support. User level support are things that include but are not limited to custom configurations or reconfigurations of equipment, showing customer or users how to operate the system and or equipment.
In Home Tech offers support in single use fees as well as a subscription service. This support offers users help with configurations, and operating and reconfiguring equipment. This is a service that has a fee unless otherwise stated. If monthly subscription is acquired then the user will have access to phone and online support as well as one free in home service call per month. The subscriber will also have access to discounts for other services and equipment. This free service call will only cover up to one hour of support including travel time. If the customers issue requires longer times than one hour then the support subscribers discounted pricing will be used.
IN HOME TECH TECHNICAL SUPPORT
TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This In Home Tech Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”)
in connection with the In Home Tech Technical Support Plan (the “Service”) that Customer has purchased.
These terms and conditions comprise the entire agreement between Customer and In Home Tech with
respect to the Service.
2. DESCRIPTION OF SERVICE
Upon purchase of the Service, Customer shall be eligible to receive the following services via in-store,
remote, or phone support (e.g., over the phone or via the Customer’s computer with a In Home Tech Agent
logged into the Customer’s computer):
Software assessment and removal of viruses and malware
Certain hardware installation - Please see your local In Home Tech Agent to learn which hardware
installation is included
Operating system installation
Annual computer tune-up, including operating software system updates, screen cleaning, fan
cleaning, and keyboard cleaning
Hard-drive data removal upon request
Hard drive removal upon request
Service is on a per-customer basis and is limited to three (3) eligible devices owned by the Customer.
Eligible devices include PCs (including notebooks, laptops, and desktops), tablets, and Apple computing
products. Phones/mobile handsets are not eligible devices. Customer may cancel the Service and seek a
refund therefore if the cancellation occurs within 30 days of Customer’s date of purchase of the Service;
no refunds will be provided after said 30-day timeframe.
The fee for the Service is a set fee without regard to usage (i.e., outside of the 30-day return period, there
will be no full or partial refund of the fee even if the Customer does not use the Service thereafter).
Customer may initially purchase the Service in 1-month, 1-year, 2-year, or 3-year increments. Training
and training services are not included in the Service, but are available at In Home Tech’s standard service
rate. If In Home Tech is unable to successfully complete one of the services set forth above in-store or by
logging-in remotely to the Customer’s computer, Customer may purchase a In Home Tech service to
address the issue at a 15% discount from the regular service price.
Customer pre-requisites: The Service requires a functioning high-speed Internet connection, and up-todate
antivirus software installed on the PCs.
If Customer would like to continue the Service after expiration of the initial Service period, Customer
agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates
in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are
nonrefundable. In Home Tech may change the fees and charges then in effect, or add new fees or charges,
by giving Customer notice in advance.
If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of
each respective applicable period -- on a month-to-month basis if Customer originally signed up for a
one-month term, and on an annual basis if Customer originally signed up for a 1-year, 2-year, or 3-year
term, unless In Home Tech terminates the subscription or Customer notifies In Home Tech of his or her
decision to terminate the subscription.
For month-to-month renewal plans, In Home Tech will send prior notice of renewal at least two weeks
before the initial renewal, but will not send such notice thereafter; rather, In Home Tech will thereafter
charge Customer’s card each month in advance and send Customer a monthly receipt thereafter. For
annual renewal plans, In Home Tech will notify Customer of the pending subscription renewal at least 30
days prior to the date the subscription is scheduled to renew, except as otherwise required by law, and will
charge Customer’s the annual fee as of the renewal date (i.e., the annual renewal plan is charged on a
lump-sum basis, not a monthly basis). In Home Tech will bill all charges automatically to Customer’s credit
card at the beginning of every renewal period, at the rates then in effect, unless Customer notifies In Home Tech
otherwise. Customer must cancel his or her subscription before it renews in order to avoid billing
of subscription fees for the renewal term to his or her credit card.
4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
In Home Tech may change the terms and conditions of the Service from time to time. Upon any change in
the terms and conditions of the Agreement, In Home Tech will notify you by posting the changes to the site
from which you purchased the Services. In Home Tech reserves the right to modify or discontinue the
Service with or without notice to Customer. In Home Tech shall not be liable to Customer or any third party
should In Home Tech exercise its right to modify or discontinue the Service. Customer’s continued use of
the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service
Terms and its modifications.
It is In Home Tech’s policy to respect the privacy of its Customers. For information on our privacy
6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to In Home Tech servicing any Customer equipment it is Customer’s
responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer
disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other
electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks,
cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not
Customer requests back-up services from In Home Tech and/or its third party service provider, neither In Home Tech
nor its third party service provider shall be liable under any circumstances for any loss, disclosure,
alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks,
laser disks, cassettes, DVDs, film or other media.
7. LIMITATIONS TO SERVICE
In Home Tech shall not be liable for any failure or delay in performance due to any cause beyond its
control. In Home Tech and/or its third party service providers reserve the right to refrain from providing the
Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the
minimum system requirements are not met or the technical needs (including wiring or overcoming
physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond
the scope of these Service Terms, as determined by In Home Tech.
Customer agrees to indemnify, defend, and hold harmless In Home Tech (and its affiliates and their
respective officers, directors, employees and agents) from and against any and all losses, costs,
obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances,
security interests, settlements, judgments, and other expenses, (including but not limited to cost of
defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited
to, damage or destruction to property, injury (including death) to any person or persons, which are
asserted against, incurred, imposed upon or suffered by In Home Tech by reason of, or arising from: (a)
Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent,
copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s
actual or alleged failure to promptly pay sums due In Home Tech or third parties; (d) Customer’s failure to
comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its
officers, directors, employees or agents).
9. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN HOME TECH
EXPRESSLY DISCLAIMS ALL 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.
IN HOME TECH MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES IN HOME TECH 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. CUSTOMER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S
OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM IN HOME TECH
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 EACH
10. LIMITATION OF LIABILITY
IN HOME TECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF IN HOME TECH HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s
computers, hard disk drive(s), and/or on any other storage devices Customer may have, and In Home Tech shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. In Home Tech shall not be liable in any way for damages arising from any part,
equipment, peripheral, software or other product supplied to Customer by In Home Tech.
Notwithstanding any language to the contrary, In Home Tech’s maximum liability to Customer
arising from or related to In Home Tech under this Agreement shall be limited to the sums paid by
Customer to In Home Tech under this Agreement during the three months prior to the time the cause
of action arose.
These Service Terms shall be governed by and construed in accordance with the laws of the State of
North Carolina, excluding its conflict of law provisions. Customer and In Home Tech agree to submit to the exclusive jurisdiction of the courts in Raleigh, North Carolina. If any provision(s) of the Agreement is
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. Customer and In Home Tech agree that any cause of action arising out of or related to this
Service must commence within one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
Last Revised-December 19, 2015