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TOS APPLY TO ANY AND ALL SERVICES ORDERED FROM TECHY TEK OVER THE PHONE AT 201-696-1537, THROUGH OUR WEBSITE OR IN CONVERSATION. TECHY TEK SERVICES ARE VOID WHERE PROHIBITED. PLEASE BE AWARE THAT IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST HAVE AN ADULT PRESENT TO SCHEDULE AN APPOINTMENT AND AT THE TIME OF THE APPOINTMENT OTHERWISE SERVICE WILL BE DENIED AND A $50 FEE WILL BE ACCESSED.
1. TERMS AND CONDITIONS TECHY TEK currently provides wholesome collection of resources and ‘Services’ that offer the general public and private business sectors the opportunity to better diagnose, repair, maintain and backup technological systems including but not limited to wireless networks, printers, scanners, faxes, Voip, blackberry, OS repair, installation and implementation, media, hardware and/or software upgrades, web design and various other services found through TECHY TEK. Our services are only available to registered users whom can form a legal binding contract under applicable laws. You also understand that from time to time TECHY TEK may need to communicate with you via email and/or instant messenger for service announcements, administrative messages, renewals and that said communications are considered part of TECHY TEK membership and receiving them is not an option. Unless otherwise stated augmentations, updates and/or enhancements to the current provided ‘Service’ are subject by the current TOS. “As is” website and ‘Service’ is provided by TECHY TEK. You are responsible for obtaining access to the ‘Service’ including but not limited to Internet services, land line phone charges, airtime phone charges, computer, monitor, keyboard, mouse, etc. all which may be necessary to access the ‘Service’. You are responsible for those fees and all additional fees that may incur to access TECHY TEK ‘Service.’ Additionally Techy Tek takes no responsibility for payment of third party charges including but not limited to, electrical, utility, gasoline, phone, airtime, internet, ISP and/or VOIP charges. Please be advised that we may change our Credits and Fees Policy and the fees for our services from time to time without notice to you. Furthermore, we may also change our service fees and Credits and Fees Policy temporarily for promotional events and such changes are effective when we post the temporary promotional event on the ‘Website.’ We reserve the right to change any and all service fees at any one time at our discretion. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are quoted in U.S. Dollars, unless otherwise stated. We share no responsibility for our service fee’s, the ‘Website’ service and/or any and all applicable taxes. This ‘service’ agreement will remain in-full action and effect from inception of ‘service’ use. You must register in order for us to provide accurate ‘service’ to you, by providing us with your real name, address, phone number, credit card information, birth date and email address, as well as any other identification information required by our policies or that we may request from you from time to time. You also understand and agree that Techy Tek reserves the right to terminate ‘service’ to any ‘registration’ without notice, including, without limitations, if this agreement is breached. Even after this agreement is terminated, certain provisions will remain in full effect. You further understand and agree that Techy Tek is not liable to you or any third party for losses or gains, due to termination. Further, we accept no liability for financial damage to you or others incurred by termination of ‘service’. Techy Tek also reserves the right to reinstate/renew access of any and all ‘service.’ You fully understand and agree that you shall not hold TECHY TEK, its owners, agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever including, but not limited to, legal affairs, all other fees and disbursements sustained, incurred or paid by TECHY TEK directly or indirectly in respect of your loss including but not limited to, income, data, hardware and/or software. 2. SERVICE AGREEMENTS (a) Services: In certain cases Techy Tek will attempt problem diagnosis and a solution over the telephone for a flat applicable fee. However, due to possible complications beyond our control including but not limited to, no adult 18+ is present at the time of the scheduled appointment, limited or no access to the internet, limited or no access to the electronic device in question, life threatening circumstances, mis-representation of an electronic devices status, diagnosis and support may not be completed. Under these circumstances Techy Tek will offer a $25 reduction on any pre-scheduled in-home diagnosis, the offer of which is only applicable for up to 15 days after ‘Over the Phone Support Service’. (b) User Responsibility: You fully understand and agree that you shall not hold TECHY TEK, its owners, agents, suppliers, affiliates and their respective directors and employees against all actions under any circumstance for any alterations, loss or corruption of data and/or software. Backup is strictly your responsibility including but not limited to the registry, operating system files, documents, photos, videos, music, programs and drivers. All necessary/vital data/information contained on your personal computer, hard disk drive and/or media storage devices should be backed up prior to contacting or allowing Techy Tek to perform diagnostic repair on your devices. You further understand and agree at any and all times to indemnify, defend and hold harmless Techy Tek of any losses sustained, in accordance with applicalbe ajurements. (c) Scheduling: Hours of operation are Monday-Sunday, 6 AM – 10 PM. Additional charges may apply for express services or service outside of standard hours of operation. (d) Service Area: Techy Tek sets the Service Area for each city. If a location lies beyond Techy Tek's standard Service Area, additional trip charges may be applied. For information regarding your specific service area, please call Techy Tek at 201-696-1537 or visit TechyTek.com to use the zip code. For more information regarding applicable trip charges please call 201-696-1537 or email us at support@techytek.com. (e) Please Be Aware that An Adult 18+ Must Be Present At Residences or Business: FOR SERVICE(S) TO BE PROVIDED BY TECHY TEK, A PERSON AT LEAST 18 YEARS OF AGE MUST SCHEDULE THE APPOINTMENT AND BE PRESENT AT THE TIME OF THE SERVICE CALL OTHERWISE SERVICE SHALL BE DENIED AND A $50 FEE WILL BE ASSESED. (f) Client Conduct: By using TECHY TEK ‘Service’, you agree that all information you disclose via ‘registration’ is all current, accurate, true and complete about yourself. You understand and agree that all ‘Content’ submitted, transmitted and/or posted by you is your sole responsibility, furthermore all ‘Content’ posted is the sole responsibility of originator. You understand and agree that under no circumstance shall TECHY TEK be held responsible/liable for objectionable content, but not limited to, damage or loss of any kind incurred as a result of content errors or omissions posted, emailed, transmitted or otherwise made available via user ‘Service.’ You agree ‘Service’ will not be used in the following manner: Infringe rights of members and non-members, including without limitation, contractual rights, privacy, property, publicity; Use our ‘Service’ to provide information or links including with out limitations, to weapons, online gambling, smut, sweepstakes, barter, pyramid schemes, contests, sweepstakes, copy right protected materials, person two person software, provide pirated music or videos; Contracting, head hunting and/or proposing job opportunities to current Techy Tek employees. Use our ‘Service’ as a means to transmit, post, distribute or submit any information regarding other person and/or entity, including without limitation, personal information i.e. contact information, account numbers, credit, debit, calling card, others photos; Unauthorized use of information for any purpose; Destroy damage or interfere with any and all available ‘Service,’ including, without limitation, through the use of worms, viruses, trojans, malware, spy bots, packet or IP spoofing, forged routing or transmit, harmful code, flood pings, denial of service attacks, bumping, chain letters and/or any and all similar methodologies or technologies Database or store, post, transmit any other clients or employee’s information other than that permitted by our ‘Service’, and/or assist any third party in same Solicit other services not provided by TECHY TEK Upload, post, email, transmit or otherwise make available any harmful, unlawful, harassing, nude, vulgar, abusive, threatening, racial or ethnically inclined objectionable behavior; Upload, post, email, transmit or otherwise make available any content that may infringe a copyright, patent, trademark, trade secret, proprietary rights (“Rights”), logos of any entity; Intentionally or unintentionally break or violate any applicable local, state, national, federal or international law, including, but not limited to, regulations disseminated by the U.S. government Securities and Exchange Commission, any rules and regulations of any national or other securities and Exchange Commission, any rules and regulations of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; Forge any documents, subject to but not limited to, i.e. plagiarizing, headers, stationeries, letters, profiles, invoices etc. Stalk and/or harass other TECHY TEK employee’s and/or clients. You acknowledge that TECHY TEK may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (g) Access: The Techy must receive your full consent and cooperation to enter your place of residence or business establishment and be allowed access to the computer(s) and/or peripheral(s) to be serviced, and the working environment must be safe and secure with full access to an electrical power source and working space. IF A TECHY ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT HAVE REASONABLE ACCESS, COOPERATION, OR SAFE WORKING AREA AS DESCRIBED ABOVE, THEN SERVICES MAY BE DENIED AND A $50 CANCELLATION CHARGE WILL BE ASSESSED. (h) Pick-up and drop-off 3. COMPLIANCE WITH LAWS You agree to comply with all applicable laws, rules and regulations relating in any way to your use of the said services. You may not register under or use a false name or use an invalid or unauthorized credit or debit card. You may not schedule service under a false name, impersonate another person, or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider fraudulent or potentially fraudulent to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law. 4. SERVICE LIMITATIONS TECHY TEK RESERVES FULL RIGHTS TO AT ANY ONE TIME MODIFY, RECONSTRUCT OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY OR ALL PORTIONS OF OUR ‘SERVICE’ WITH OR WITHOUT PRIOR NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT TECHY TEK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR SERVICE. TECHY TEK AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO DENY ANY AND ALL SERVICES AVAILABLE AND INSTEAD MAY CHOOSE TO REFUND WHOLLY OR IN PART YOUR PAYMENT, ON THE BASIS THAT THE ‘MINIMUM SYSTEM REQUIREMENTS’ ARE NOT MET AND/OR THE TECHNICAL NEEDS INCLUDING BUT NOT LIMITED TO, WIRING OR PHYSICAL OR TECHNICAL BARRIERS OR ADDITIONAL REQUIREMENTS BY THE CUSTOMER ARE UNUSUAL OR EXTENSIVE AND BEYOND THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY TECHY TEK AND/OR ITS THIRD PARTY SERVICE PROVIDER. 5. FORCE MAJEURE We will not be liable for any failure or delay in performing under these terms where such failure or delay are due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes, communication breakdowns, system stoppage, crashes, hardware or software failures, transportation stoppages, or slowdowns or the inability to procure supplies or materials. You understand and agree that any and all circumstances beyond the control of Techy Tek and/or its third party service provider which impair the ability to work may lead to loss or denial of services. 6. LIMITATION OF REMEDY UNDER NO CIRCUMSTANCES SHALL TECHY TEK AND/OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY TECHY TEK AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER. 7. RELEASE OF LIABILITY BY REGISTERING AND/OR SIGING THE FORM ON THE LAST PAGE, YOU AFFIRMATIVELY AGREE THAT AT ANY AND ALL TIMES TO INDEMNIFY, DEFEND AND HOLD HARMLESS TECHY TEK, IT’S OWNERS, AGENTS, SUPPLIERS, AFFILIATES AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS DAMAGES DEMANDS LIABILITIES, AND EXPENSES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LEGAL, ALL OTHER FEES, DISBURSEMENTS SUSTAINED, LOSS OF ANY DATA, THE NON-FUNCTIONING USE OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM TECHY TEK AND/OR ITS THIRD PARTY SERVICE PROVIDER'S AGENTS, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU. ALTHOUGH PROPER ENCRYPTION SECURITY AND SEVERAL DIFFERENT SAFEGUARDS TO PROTECT YOUR INFORMATION AND OUR LIMITATION TO YOUR PERSONAL INFORMATION TO EMPLOYEES WHO WE BELIEVE NEED TO COME INTO CONTACT WITH THAT INFORMATION TO PROVIDE SERVICES TO YOU OR TO DO THEIR JOBS, AND TO OUR PARTNER SITES, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. 8. CHANGES, CANCELLATIONS, REFUNDS AND WARRENTY POLICY To make any changes to your scheduled appointment you may cancel your appointment if Techy Tek is at least given 2 hours prior notice to the scheduled performance of services. To cancel appointments please call 201-696-1537. A full refund will be given in the manner which it was received. If you are not satisfied with your service: Please call 201-696-1537 for support. Over the Phone Support service warranty is 7 days past the pertaining Over the Phone Support service call. In-Home Service warranty is valid for 30 days past the scheduled appointment. If notified within the warranty time period that our service is unsatisfactory we will work quickly to remedy your problem at no additional cost. Additionally your warranty will not be extended unless otherwise notified and documented by us. 9. ARBITRATION You understand and agree that all disputes arising out of or relating to this TOS will be exclusively resolved under binding arbitration held in North Bergen, New Jersey before and in accordance with the Rules of the American Arbitration Association, except that we will have the right to seek injunctive or other equitable relief in state or federal court located in Trenton, New Jersey to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. 10. MISCELLANEOUS This TOS shall be interpreted in accordance with the laws of the state of New Jersey without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understanding between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS shall operate as a waiver thereof. The invalidity or unenforceability of any of this TOS shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. 11. MINIMUM REQUIREMENTS For Wireless Home Networking: • All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM. • Password(s) for operating systems(s) and/or ISP must be available at the time of service. • Microsoft Windows 98 SE operating system or greater. • Operating System disc and Key Code must be available at the time of service. • All computers and/or peripherals to be networked must be in good working order and Spyware-free. • For all broadband installations, the broadband services must be installed and operational prior to the time of service, including connections to any broadband modem. • Broadband connections exclude DirecPC™ and DirecWay™ services. For Operating System Repairs: • All Mac/PC’s to be serviced must have OS X, Windows ME or Higher. • Password(s) for operating systems(s) and/or ISP must be available at the time of service. • Operating System disc and Key Code must be available at the time of service. • All peripherals must be in good working order i.e. mouse, keyboard, monitor. For Hardware Repairs: • Product manuals, serial and/or model number • Password(s) for operating systems(s) and/or ISP must be available at the time of service. 12. PRIVACY Use of Techy Tek ‘Website’ and/or ‘Service,’ is governed by our Privacy Policy. 13. ‘SERVICE’ DISCONTINUANCE Techy Tek reserves full rights to at any one time modify, reconstruct or discontinue, temporarily or permanently, any or all portions of our ‘Service’ with or without prior notice to you. You agree that we will not be liable to you or any third party for any termination of your access to your ‘Service.’ 14. CLIENT CONTENT SUBMITTED OR POSTED Content submitted or made available for ‘Service’ inclusion, including but not limited to, your text, photographs, videos and audio, to Techy Tek, you hereby grant Techy Tek. everlasting, world wide web, fully paid, royalty-free right, non-exclusive and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote your content in any form, in all media, world-wide and for any format or medium now known or later developed. You understand and agree that all ‘Content’ submitted is sole responsibilities of originator. Furthermore, Techy Tek may review, moderate, curb and delete any and all ‘Content’ made available via our ‘Service.’ You understand and agree to demonstrate and exercise good judgment. For example and without limitations, you agree not to: use offensive language, display or condone prejudice, harass ‘Members,’ act in a hostile manner, racism, solicit, defamatory, bigotry, hatred and/or libelous You understand and agree not to engage in commercial activities and/or sales with out Techy Tek prior written consent. ‘Public accessible’ are ‘Service’ areas that Techy Tek has made available to the general public. By way of example, publicly accessible areas of the ‘Service’ would include Techy Tek Guest book and Blog. However, publicly accessible areas of the Service would not include portions of Techy Tek Remote Connections that is limited only clients, or areas off of Techy Tek of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Techy Tek. 15. COPYRIGHTS AND TRADEMARK POLICY Techy Tek® refers to a line of technology services provided by Techy Tek L.L.C. You understand and agree that all content and materials available on our website are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Techytek.com and all ancillaries are sole property of its owners. Techy Tek owns all content and retains proprietary rights to the website and its services. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our site. Notwithstanding the above, you may use the content and materials on our website in the course of your normal, personal, non-commercial use of our service. 16. REPRESENTATIONS AND WARRANTIES You hereby represent and warrant to us that: You have the full power and authority to enter into and perform under these Terms, you understand and agree that your continued use of our ‘Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party. You will comply with all applicable laws in using our ‘Service’ and in engaging in all other activities arising from, relating to or connected with these Terms 17. DISCLAIMER OF WARRANTIES TECHY TEK EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHEATHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Please click on the below links to be directed or redirected: Terms Of Service TECHY TEK |
