ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This TechCollective General Terms of Service (“Service Terms”) is provided to you (“CUSTOMER”) in connection with the TechCollective service that CUSTOMER has purchased (the “Service”). These terms and conditions comprise the entire agreement between CUSTOMER and TechCollective (“TC”) with respect to the Service.
For time spent at CUSTOMER's site, CUSTOMER agrees to pay either on an hourly fee basis or a fixed price basis if applicable. Prices listed on www.techcollective.com are considered the current rates. TC reserves the right to refuse service as well as to change fees and rates at any time without notice. TC does not provide billing services to CUSTOMERs. CUSTOMER agrees to pay TC for all charges either at the time of order or at the time of service.
Unless stated in writing otherwise, all fees and charges are nonrefundable. TC may change the fees and charges then in effect, or add new fees or charges, by giving CUSTOMER notice in advance.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
TC may change the terms and conditions of the Service from time to time. Upon any such change, BC will notify the CUSTOMER by posting the changes to the site from which the Service was purchased. TC reserves the right to modify or discontinue the Service with or without notice to CUSTOMER. TC shall not be liable to CUSTOMER or any third party should TC exercise its right to modify or discontinue the Service. CUSTOMER’s use of the Service constitutes an affirmative agreement by CUSTOMER to abide and be bound by these Service Terms and its modifications.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
CUSTOMER agrees that prior to TC 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, flash drive, and/or on any other electronic storage device;. CUSTOMER agrees that whether or not CUSTOMER requests back-up services from TC and/or its third party service provider, neither TC 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, or other media. CUSTOMER is responsible for any backup, archiving, or protective storage as well as restoration if required, of CUSTOMER's data.
LIMITATIONS TO SERVICE
TC shall not be liable for any failure or delay in performance due to any cause beyond its control. TC 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 TC.
PERMISSION GRANTED BY CUSTOMER
CUSTOMER acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but not limited to, damage to CUSTOMER's home, office, computer hardware, cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.
CUSTOMER grants TC access and permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories.
CUSTOMER grants TC access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CUSTOMER's computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on CUSTOMER's computer system or network.
CUSTOMER grants TC permission to physically access CUSTOMER's home or office property where CUSTOMER's computer system and/or network reside.
CUSTOMER grants TC permission to perform modification to CUSTOMER's home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling through or disassembling furniture, walls, floors, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties.
CUSTOMER grants TC permission to download and/or install software on CUSTOMER's computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and/or software requested to be installed by CUSTOMER.
CUSTOMER grants TC permission to install hardware in CUSTOMER's computer and/or network, including but not limited to, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and/or any other hardware requested to be installed by CUSTOMER.
CUSTOMER agrees to indemnify, defend, and hold harmless TC (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 TC 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 TC 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).
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. TC 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. TC 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 TC 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 TC 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. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; TC WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
TC 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 TC 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 TC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. TC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to CUSTOMER by TC. Notwithstanding any language to the contrary, TC’s maximum liability to CUSTOMER arising from or related to TC under this Agreement shall be limited to the sums paid by CUSTOMER to TC under this Agreement during the three months prior to the time the cause of action arose.
Either CUSTOMER or TC may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, CUSTOMER's right to use the Service immediately ceases. CUSTOMER shall have no rights and TC will have no obligations regarding the Service thereafter.
The Service Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflict of law provisions. CUSTOMER and TC agree to submit to the exclusive jurisdiction of the courts in Massachusetts. 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. CUSTOMER and TC 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.
This document constitutes the entire agreement between CUSTOMER and TC. No other agreement whether verbal or written shall be in effect except if agreed to in writing and signed by both parties.