TERMS, CONDITIONS, AND LICENSE FOR USE OF CONSULTING SERVICES
By using EEISI Tech Support, You, the Client, agrees to the following terms and conditions and certify that you, the Client, have read all of the following terms and conditions. The following terms and conditions govern your (Client's) use of EEISI Tech Support.
1. Definition of Terms
1.1. The terms "Service" and "Consulting Services" refers to the use of EEISI Tech Support through online access to the EEISI Tech Support website.
1.2. The term "Provider" refers to Joseph Jared Mark, dba "EagleEye Information Systems, Inc." ("EEISI"), who has established the EEISI Tech Support website, which serves as a location to receive Consulting Services for those companies and individuals that purchase EEISI Tech Support consulting services.
1.3. The term "Client" refers to the individual, company, or group who is making this agreement between Provider and themselves.
1.4. The term "Consultant(s)" refers to the independent contractors who provide service and support through Provider.
1.5. The term "Consulting Service" refers to EEISI Tech Support Consulting Services.
1.6. The term "Material(s)" refers to any information made available on or through the EEISI Tech Support website, Email correspondence originating from EEISI, or Consultants affiliated with EEISI during the course of doing contract work for Provider.
1.7. The terms "Ticket" and "Support Ticket" refer to service requests made via the Service's website for help and/or support from EEISI and its Consultants.
1.8. The term “Significantly Improved” refers to the relative state of the problem the Client was experiencing, compared to the state of the problem after Service has concluded and the Support Ticket has been closed. Provider retains all rights to subjectively determine if a problem has been Significantly Improved or not.
2. License; Restrictions on Use.
2.1. You are granted a nonexclusive, nontransferable, limited license to access and use the Consulting Services that are available through the EEISI Tech Support website. These rights include:
2.1.1. The right to electronically display Materials retrieved from the EEISI Tech Support website.
2.1.2. The right to obtain a printout of Materials obtained from the EEISI Tech Support website.
2.1.3. The right to retrieve via downloading instructions or software segments that may be provided by EEISI Tech Support consultants.
2.1.4. The right to use any information that may be orally or electronically transmitted to Client by the EEISI Tech Support computer consultants.
2.1.5. The right to record any verbal communication between Client and Provider, or Client and Consultants.
2.1.6. The right to maintain records of correspondence, contact dates, times, and the length of such.
2.1.7. The right to terminate the use of the Service at any time.
2.2. Except as specifically provided in section 2.1, Client is prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the EEISI Tech Support website, Email correspondence, or Consultants.
2.3. Client acknowledges that the Consultant who assists the Client may access Client's computer using software that allows access to Client's computer.
2.4. All right, title, and interest (including all copyrights and other intellectual property rights) in the Consulting Services and Materials (in both print and machine-readable forms) belong to the provider of the Consulting Services. Client acquires no proprietary interest in the Consulting Services, Materials, or copies thereof.
2.5. Client may not use the Consulting Services, or Materials retrieved from the Consulting Services in any fashion that infringes the copyrights or proprietary interests therein.
2.6. The license granted herein shall remain in force for the period of time that Client is receiving services through the EEISI Tech Support website.
2.7. Client's account is non-transferable, and may only be used by members of the same household.
3. Payment for Services.
3.1. Client shall pay on a per-minute basis for Support Tickets, and on a per-response basis for Email Tickets.
3.1.1. Client will only pay for service if their problem is either resolved completely, or “Significantly Improved”, with the exception of conditions otherwise stipulated in these terms. (See section 3.6)
3.2. Client shall maintain a non-negative account balance at all times.
3.2.1. Should Client's balance become negative, Client shall immediately pay the debt to bring the account balance to a non-negative amount ($0 or higher).
3.2.2. Should Client's balance remain negative for more than 30 consecutive days, Provider reserves the right to refer the debt to a debt collection service.
Provider shall not be held liable for any damages to Client's credit rating or reputation for such actions.
3.3. Client shall be charged at a rate that is determined at the time of the creation of the Support Ticket.
3.3.1. If the rate for service drops between the time the Ticket is created, and the time a Consultant contacts the Client, the Client may, at that time, request the lower rate. It is SOLELY the Client's responsibility to monitor the rate they are being charged, and to request the lower rate. Failure to request the lower rate will constitute acceptance of the original rate that was locked-in at the time the Ticket was created.
3.3.2. Client shall not be charged more than the rate that was in-effect at the time the Support Ticket was created.
3.4. Client may, at any time WITHIN 60 DAYS of funding their account, request a complete refund of their entire account balance, less a handling fee that shall never exceed 5% of the balance that is to be refunded.
3.5. Client will not be billed for time spent by the Consultant during the process of:
3.5.1. Attempting to contact the Client.
3.5.2. Preliminary setup of software designed to expedite the process of providing Support to the Client.
3.5.2.1. This software includes, but is not limited to:
3.5.2.1.1. Remote desktop sharing software such as “LogMeIn” (www.logmein.com), “GoToMyPC” (www.gotomypc.com), “VNC” (www.realvnc.com), etc.
3.5.2.1.2. Communications software that allows easier (or free) long distance voice communication between the Client and Consultant, such as Ventrilo (www.ventrilo.com), Skype (www.skype.com), etc.
3.5.3. Time spent by Consultant doing follow-up, or writing notes on the Support Ticket after contact with the Client has concluded.
3.6. Client WILL be billed for the following:
3.6.1. Time spent setting up other utilities, tools, or software packages that are designed to fix problems or provide continuing support after the Support Ticket has been closed.
3.6.1.1. This software includes, but is not limited to:
3.6.1.1.1. Anti-virus software
3.6.1.1.2. Spyware removal software
3.6.1.1.3. PC Maintenance software
3.6.2. Incomplete calls where the Client has no more funding in their account to continue providing service.
3.6.2.1. CLIENT UNDERSTANDS THAT SHOULD THEIR PROBLEM NOT BE FIXED OR SIGNIFICANTLY IMPROVED BECAUSE THEY REFUSE TO PROVIDE ADDITIONAL FUNDING FOR THEIR ACCOUNT, THEY WILL NOT BE ENTITLED TO A REFUND, AND THEY WILL BE BILLED FOR THE SUPPORT PROVIDED UP TO THAT POINT.
3.6.2.2. Client understands that their account balance may become negative, even though their issue is not resolved or significantly improved, and that the Consultant may refuse to continue providing support until the Client’s account is non-negative.
3.6.2.3. Client understands that should they refuse to fund their account to continue service, they exempt themselves from provisions outlined in section 3.1.1.
3.6.3. Problems that are unable to be fixed by the Consultant, but where significant help is given to the Client to understand how to proceed in fixing the problem on their own, or through another party or vendor.
3.6.3.1. In some cases, the problem described by the Client in the Support Ticket may not be something that can be fixed by the Consultant. In these cases, the Support Service that the Client is receiving may be considered professional advice, and as such, is a service billable provided by the Consultant. In these cases, the term “Significantly Improved” shall not apply, and the Support Ticket’s resolution shall be based on the quality of the advice given to the Client. Provider and the Consultant shall not be held responsible for the problem not being fixed or “Significantly Improved” should the Client choose not to follow the advice of the Consultant.
3.6.3.2. If the Client can provide sufficient evidence that the Consultant’s advice was followed, and the problem was not resolved or significantly improved, Provider may, at its sole discretion, issue a refund to the Client.
4. Terms of Use and Warranty
4.1. Provider represents and warrants that it has the right and authority to make the Consulting Services available pursuant to these general terms and conditions.
4.2. PROVIDER DOES NOT GUARANTEE SERVICE RESULTS OR REPRESENT OR WARRANT THAT ALL ERRORS OR COMPUTER PROBLEMS WILL BE CORRECTED. CLIENT AGREES THAT CLIENT'S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO A REFUND OF PAYMENT MADE FOR THE SPECIFIC INSTANCE OF CONSULTING SERVICES FOR WHICH THE CLIENT IS DISSATISFIED.
4.3. CLIENT REVOKES THE RIGHT TO A CLAIM OF DISSATISFACTION FOR SERVICES PROVIDED, AND THUS A REFUND FOR SUCH, AFTER A PERIOD OF SEVEN (7) DAYS HAS ELAPSED SINCE SUCH SERVICE WAS COMPLETED.
4.4. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.5. Client agrees that its exclusive remedies, and Provider's entire liability with respect to the Consulting Services shall be as set forth herein. Client further agrees that Provider shall not be liable to Client for any damages, including any lost profits or revenues, lost savings, or other incidental or consequential damages arising out of its use or inability to use Client's computer or software (or loss of data from Client's computer), breach of any express of implied warranty, even if Provider has been advised of the possibility of those damages.
4.6. The Provider of the Consulting Services, its affiliates, and Consultants, shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from:
4.6.1. Any errors in or omissions in the Consulting Services or any Materials available or not included therein,
4.6.2. The unavailability or interruption of the Consulting Services or any features thereof or any Materials,
4.6.3. Client's use of the Consulting Services or Materials (regardless of the amount of nature of the assistance Client received from the consultant),
4.6.4. Client's use of any equipment in connection with the Consulting Services,
4.6.5. The content of the Consulting Services or Materials,
4.6.6. Any delay or failure in performance of the Consulting Services provider.
4.5.7. Failure to fix, resolve, or significantly improve the problem detailed in a Support Ticket.
4.5.8. Any damage done to Client's equipment (including, but not limited to the computer system, peripherals, and software) through the course of Consulting Services being provided to the Client, or through the Client's acting on the advice or direction of EEISI or its Consultants.
5. 5. Miscellaneous.
5.1. These terms and conditions, including the additional terms, may be changed from time to time by written notice posted on the EEISI Tech Support website.
5.1.1. Charges and payment terms may be changed at any time.
5.1.2. Client will be notified of changes to this agreement via Email, and via a link to this agreement in its entirety on the Provider's website. It is the responsibility of the Client to ensure that such email notifications are able to be received. This means (but is not limited to) the Client's responsibility to ensure emails from the EEISI website are not blocked by spam filters, and the Client's account has a valid Email address.
5.2. Your subscription for access to the Consulting Services may be terminated immediately upon notice to the Provider of the Consulting Services if any change is unacceptable. Continued use of the Consulting Services following any change constitutes acceptance of the change.
5.3. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the EEISI Tech Support website by the Provider. Notices shall be deemed to have been properly given on the date they are emailed or displayed on the EEISI Tech Support website.
5.4. The failure of the Provider of the Consulting Services to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.5. The subscribing organization or individual may not assign its rights or delegate its duties under this contract to access the Consulting Services without the prior written consent of the Provider.
5.6. These general terms and conditions and the additional terms shall be governed by and construed in accordance with the laws of the state of Nebraska, USA.
5.7. Any legal actions necessary to enforce the terms herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire agreement.
5.8. If any part of this agreement is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this agreement, and the affect shall be confined to the part immediately involved in the controversy adjudged.
5.9. Client acknowledges and agrees that this agreement is the complete and exclusive statement of the mutual understanding of the parties and that it supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this agreement. By checking below the Client accepts the terms of this agreement in its entirety.
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Current Rate for Support Tickets:
$1.00/Minute
Current Rate for Email Responses:
$2.00/Response
Open Tickets: 1
Open Email Questions: 1
Average Ticket Age Upon Resolution: 0 Hours
Average Billed Minutes Per Ticket: 1.85 Minutes
Total Techs: 1
Currently Online: 0 |
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Current time: 11:53:55 AM 09-07-2010
©2006, EagleEye Information Systems, Inc. |
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