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.

Support

                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 Installation

 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

 Memory installation

 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

 Password reset

 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.

3. PAYMENT

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.

5. PRIVACY POLICY

It is In Home Tech’s policy to respect the privacy of its Customers. For information on our privacy

practices, please call 1-800 IN HOME TECH or review our privacy policy at

inhome.tech/warranty

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.

8. INDEMNIFICATION

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

CUSTOMER.

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.

11. LAWS

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

Visit

2825 Arlington Ave.

Fayetteville, N.C.  28303

Call

T: 910-322-5958

2016 In Home Tech L.L.C.