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This document was last modified on DECEMBER 17, 2009.=
The following are the terms and conditions for use of Fortified Solutions - Helpdesk OnStaff services. Please read them carefully= . Our Service is offered to you with the condition that you accept without modification the terms and conditions contained herein. Fortified Solutions= - Helpdesk OnStaff may change these Terms of Service at any time, with or wit= hout notice. Accordingly, you should return to this Website often to check for changes to the Terms of Services. You understand that by using the Service after a change becomes effective, you have agreed to it. By purchasing Serv= ices from Fortified Solutions - Helpdesk OnStaff, you are indicating your agreem= ent to be bound by all of the terms and conditions set forth in this document.<= o:p>
THESE
TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF
FORTIFIED SOLUTIONS INC. COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH
FORTIFIED SOLUTIONS INC. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
NO
MATERIAL WITHIN THIS SITE MAY BE COPIED, IN ANY FORM, FOR PUBLIC, PRIVATE, =
OR
COMMERCIAL USE.
1.
GENERAL
These Terms of Service (the "Agreement") are
entered into by and between you, the customer (personally and/or on behalf =
of
your employer, as applicable) ("you", "your" or
"Subscriber") and Fortified Solutions Inc. ("Fortified Solut=
ions
Inc”, “Helpdesk OnStaff", "us" or "we"=
).
You are deemed to have accepted this Agreement upon the earlier of: (a) your
submission of an online or telephone request for service; (b) your accepting
the Terms of Service electronically during registration or in the course of
initiating a support session whether online, by telephone or on-site (see
Paragraph 4); or (c) your use of the Service (see Paragraph 2). This Agreem=
ent
is made up of the terms below, plus the Privacy Policy, the AntiSpam
Policy, all attachments to this Agreement, and the other policies and mater=
ials
specifically referred to in these Terms of Service, all of which are
incorporated herein by reference. The Agreement and related policies are al=
so
set forth on the Fortified Solutions - Helpdesk OnStaff website
(http://www.fortifiedsolutionsinc.com) ("Website"). The Agreement
sets forth the terms and conditions under which you agree to use the Servic=
e,
and under which Fortified Solutions - Helpdesk OnStaff agrees to provide the
Service to you. You may also receive a paper copy of this Agreement either =
by
telephoning Fortified Solutions - Helpdesk OnStaff at 404-287-0696 or by
writing to us at Fortified Solutions - Helpdesk OnStaff Online PC Services,=
PO
BOX 1706, Mableton, GA 30126, Attention: Accounts
Department.
2.
DEFINITION OF SERVICE
For purposes of this Agreement, the term
"Service" shall mean the Fortified Solutions - Helpdesk OnStaff
Online and Onsite PC Services service, including all technical support,
3.
AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 You represent that: (i) you
are 18 years of age or older and you have the legal capacity and authority =
to
bind yourself and your employer, as applicable, to this Agreement; (ii) you
consent on behalf of yourself and/or as an authorized representative of your
employer, as applicable, to be bound by this Agreement; and (iii) the
information you supply to us is correct and complete. You understand that
Fortified Solutions - Helpdesk OnStaff relies on the information you supply=
and
that providing false or incorrect information may result in Service withhol=
ding
or delays or the suspension or termination of your customer account. You ag=
ree
to promptly notify Fortified Solutions - Helpdesk OnStaff whenever your personal or billing information changes (includin=
g for
example, your name, address, telephone number, email address, credit card
number and expiration date).
3.2
YOUR RESPONSIBILITY
3.2 You agree that you are responsible for all use on
your account, including any secondary accounts or sub-accounts registered to
your primary account. You understand this means that you accept full liabil=
ity
and responsibility for the actions of anyone who uses the Service via your
account, or any secondary accounts, with or without your permission.
3.3
BLOCK HOUR LIMITATION
3.3 If you select block-hour support, that includes a
pre-determined allocation of Services (for example, pre-purchasing 5 hours =
of
Remote Computer Support Service), unused allotme=
nt of
Services will remain in your customer account until used. If you select a
subscription service plan that includes a pre-determined allocation of Serv=
ices
(for example, purchasing a $24.95 per month Individual Subscription Plan),
minutes will accumulate on a monthly basis and roll-over from month to mont=
h if
unused, but will expire at the end of the 12 month subscription period. You=
may
use your account for up to four log-on sessions per appointment at any time.
You may use more than one IP address for each log-on session.
3.4.
AVAILABILITY OF SERVICE
3.4 If you pre-purchase or subscribe to any Fortified
Solutions - Helpdesk OnStaff Services: You may not resell the service, use =
it
for high volume purposes, or engage in other similar activities, or use it =
as a
virtual support center, (See Professional Service Plans for virtual support
center information, pricing and subscription terms) as determined solely by
Fortified Solutions - Helpdesk OnStaff.
3.5
SUBSCRIPTION SUPPORT
3.5 If you purchase a subscription service plan for o=
ne
computer, you may only use the service in connection with the computer list=
ed
in your service plan, unless you replace your computer or upgrade your
subscription plan contract to include an additional computer. If you purcha=
se a
subscription service plan for three computers, you may only use the service=
in
connection with the computers listed in your service plan, unless you repla=
ce a
computer or upgrade your subscription plan contract to include an additional
computer. Unlimited computer support plan covers only computers and laptops owned by the cutomer and =
does
not cover friends or family computers or laptops.
ONE TIME SETUP FEE
A one- time setup fee is required for creating a cust=
omer
subscription plan. Upgrading an existing subscription plan may require the
payment of additional setup fees.
SUBSCRIPTION PLAN INCLUDES
·=
; =
UNLIMITED* Online Support for Your PC from
Helpdesk OnStaff technicians, including performance enhancement, OS and Har=
dware
driver maintenance and optimization whenever you need it. (that's
a $1,739.28 value in one year!)
·=
; =
A complete PC Tune-Up with your first ser=
vice
call (that's a $129.95 value!)
·=
; =
Help with your favorite electronic device=
s-
set up and install Printers, Scanners, Video Cameras, MP3 Players, Digital
Cameras and more
·=
; =
Installation of Anti-Virus software and
Anti-Spyware software– one year license for a commercial-grade anti-v=
irus
software and anti-spyware software to help keep PC free from online threats
such as viruses and worms (that's a $69.95 value!)
·=
; =
Ongoing assistance from Helpdesk OnStaff
Support to help scan, identify, and remove spyware and viruses
·=
; =
Data Backup support- (Windows Backup)
automatically backs up all the data files: photos, documents, music and ema=
ils
you can’t afford to lose to a external or
internal drive. (You must provide a storage device)
·=
; =
Remote technical assistance from Helpdesk
OnStaff to configure automatic backup and provide initial training, as well=
as
ongoing assistance to help resolve any issues that arise from moving data f=
rom
your PC to or from the Backup source
·=
; =
Remote desktop softwa=
re ,
provides one-click access to our expert technology assistance for remote
desktop support.
·=
; =
Ticket Tracker service, you can open, rev=
iew
and close your work order request 24/7/365 with rapid response* service
·=
; =
Live Chat, phone and email resolution sup=
port
with our technicians.
·=
; =
Wireless Network setup and support
·=
; =
Network Security setup and support
* Unlimited Online PC Support - refers to support for=
a
single PC and specific issues outlined above. If Helpdesk OnStaff determines
that any customer is abusing or otherwise using the service excessively,
customer will be notified and Helpdesk OnStaff may restrict or terminate
customer's access to the service. If Helpdesk OnStaff determines a customer=
is
using the service for illegal or inappropriate activities, this may be deem=
ed
reason to cancel subscription.
REASON FOR SUPPORT PLAN
You hereby acknowledge and agree that a subscription
support plan is designed to help resolve a customer’s software, hardw=
are
and peripherals errors, issues or setup and installation.
ADDITIONAL ONSITE SERVICE & SERVICE FEE
We reserves the right to c=
harge
an additional hourly fee of $89 per hour to perform onsite services. Custom=
er
will be required to sign an additional service agreement before work is
performed by a technician.
REMOTE SOFTWARE INSTALLATION
As part of the subscription plan we may require you to
install certain software to assist Fortified Solutions - Helpdesk OnStaff in
the provision of the Services. Fortified Solutions - Helpdesk OnStaff reser=
ves
the right to terminate this Agreement if you (i=
) do
not agree to install the software on your PC; or (ii) alter, modify or disa=
ble
the software, or its settings or configurations.
HARDWARE INSTALLATION
Customers with hardware installation needs must have =
the
correct parts available when the Technician arrives. We will attempt to con=
firm
parts availability before the visit is scheduled. If the parts are not
available, the Technician will return at a later time, but the initial visit
will count for a one visit, one hour session.
ONSITE SERVICE RESPONSE TIME
All support calls will have a support response window=
of
4 hours with in the set appointment time to arrive onsite. Example of this =
is a
schedule is made for 1:00 PM EST the technician will ar=
rive
onsite between (1:00 PM and 4:00 PM) to provide service.
ON-SITE LIMITATIONS
If our service technicians determine that a home or
office visit is required to solve your problem, then we will dispatch a
technician. On-site service is only available for PC, peripheral related
services and Consumer Electronic support; it is not valid for TV or Home
Theater installation. This offer is only for services; any necessary parts =
are
not included. We will only dispatch an on-site person to handle a problem a
maximum of once per 3 month period, and for a maximum service time of 2 hour
which starts from arrival on location and is dispatched only once in a 24 h=
our
period. Customers requiring additional service can purchase it at our regul=
ar
hourly rates of $89 per hour.
REMOTE DESKTOP REQUIREMENT
Remote Desktop Service requires high speed internet
connection.
3.6 Basic Responsibilities. You agree that You are a legal license holder of the software on Your
personal computer and Your use of the Fortified Solutions - Helpdesk OnStaff
Services and the internet is solely at Your own risk. To receive the Fortif=
ied
Solutions - Helpdesk OnStaff Services, You must confirm that You
(a) have full access to Your hardware and Supported Product(s) that are the
basis of the problem, and (b) have completed a back-up of any software or d=
ata
that may be impacted by the Fortified Solutions - Helpdesk OnStaff Services=
.
3.7 Liability Release. Fortified Solutions - Helpdesk
OnStaff Services will have no liability for loss of or recovery of data,
programs, or loss of use of systems(s) or networks arising out of the Servi=
ces
or any act or omission, including negligence, by Fortified Solutions - Help=
desk
OnStaff Services and/or its representatives. If Fortified Solutions - Helpd=
esk
OnStaff Services works with You on any password =
or
other access control oriented problems, Fortified Solutions - Helpdesk OnSt=
aff
Services strongly recommends that You reset such passwords(s) immediately
following the completion of the Services. Fortified Solutions - Helpdesk
OnStaff Services have the right to refuse service if the following are not
provided before a technician arrives on-site (a) Non-obstructed electric
outlet, a power strip if more then one products
requires electricity (b) clean and safe working environment free of dust, m=
old
or other substances, drugs or other harmful devices (c)Product(s) still in
original shipping package un-opened (d) some-one on-site 18-years or older
during the entire service time (e) form of payment received by sales depart=
ment
prior to arrival or a business or personal check available before service is
rendered.
4.
PRIVACY POLICY
Your privacy is important to Fortified Solutions -
Helpdesk OnStaff. Fortified Solutions - Helpdesk OnStaff will treat your
personal information in accordance with its current Privacy Policy, subject=
to
change from time to time. You agree to the terms of the Privacy Policy, whi=
ch
describes Fortified Solutions - Helpdesk OnStaff's
use and disclosure of information about you, your account and your use of t=
he
Service. To ensure customer service and quality assurance, all remote compu=
ter
sessions and telephone calls with Fortified Solutions - Helpdesk OnStaff
personnel will be recorded, stored, and monitored.
5.
AVAILABILITY OF SERVICE
5.1 The Service you select may not be available at all
times, and may not be available in the format generally marketed, and some
personal computers may not be able to receive the Service even if initial t=
esting
showed that your connection was qualified or your computer environment was
suitable. For Remote Computer Support, we will qualify your Internet connec=
tion
for the minimum line rate (speed) available for support based on our standa=
rd
line qualification procedures. The Silver, Gold or Platinum requires Intern=
et
access; it is your responsibility to ensure that you have adequate connecti=
vity
to the Internet. All Services are provided on an AS IS basis. Line rate, ac=
cess
and availability of Service are not guaranteed.
5.2 Fortified Solutions - Helpdesk OnStaff or its
suppliers may, at any time, without notice or liability, restrict the use of
the Service or limit its time of availability in order to perform maintenan=
ce
activities and to maintain session control.
5.3 If you subscribe to a Silver, Gold or Platinum, or
On-Time Fix service, Fortified Solutions - Helpdesk OnStaff will use
commercially reasonable efforts to schedule a mutually convenient service
session within a reasonable period of time. However, you hereby acknowledge
that circumstances outside of Fortified Solutions - Helpdesk OnStaff's control (e.g., a large scale outbreak of a =
new
computer virus) may cause significant delays in Fortified Solutions - Helpd=
esk OnStaff's ability to schedule a service session. You =
hereby
release Fortified Solutions - Helpdesk OnStaff from any and all liability, =
and
agree that Fortified Solutions - Helpdesk OnStaff shall not be liable to yo=
u or
any third party for any direct or indirect damages, resulting from such del=
ays.
6.
SOFTWARE LICENSES AND THIRD PARTY SERVICES
6.1 In connection with our Service, we may provide to
you, via download, CD, other media, or other delivery method the use of cer=
tain
software which is owned by Fortified Solutions - Helpdesk OnStaff or its th=
ird
party licensors, providers and suppliers, and which may be provided free or=
for
a fee, including client and/or network security software
("Software"). We reserve the right to update or change the Softwa=
re
from time to time and you agree to cooperate in performing such steps as ma=
y be
necessary to install any updates or upgrades to the Software. You may use t=
he
Software only as part of or for use with the Service and for no other purpo=
se.
6.2 The Software may be accompanied by an end user
license agreement from Fortified Solutions - Helpdesk OnStaff or a third pa=
rty.
Your use of the Software is governed by the terms of that license agreement=
and
by this Agreement, where applicable. You may not install or use any Software
that is accompanied by or includes an end user license agreement unless you
first agree to the terms and conditions of the end user license agreement. =
6.3 With regard to any Software for which your accept=
ance
of a separate license agreement is not required ("Fortified Solutions -
Helpdesk OnStaff Software"), you are hereby granted a revocable,
non-exclusive, non-transferable license by Fortified Solutions - Helpdesk
OnStaff to use the Fortified Solutions - Helpdesk OnStaff Software (and any
corrections, updates and upgrades). You may not make any copies of the
Fortified Solutions - Helpdesk OnStaff Software. You agree that the Fortifi=
ed
Solutions - Helpdesk OnStaff Software is the confidential information of
Fortified Solutions - Helpdesk OnStaff or its third party licensors, provid=
ers
or suppliers, which you shall not disclose to others or use except as expre=
ssly
permitted herein. The Fortified Solutions - Helpdesk OnStaff Software conta=
ins
copyrighted material, trade secrets, patents, and proprietary information o=
wned
by Fortified Solutions - Helpdesk OnStaff or its third party licensors,
providers, or suppliers. You may not de-compile, reverse engineer, disassem=
ble,
attempt to discover any source code or underlying ideas or algorithms of the
Fortified Solutions - Helpdesk OnStaff Software, or otherwise reduce the
Fortified Solutions - Helpdesk OnStaff Software to a human readable form,
modify, rent, lease, loan, use for timesharing or service bureau purposes,
reproduce, sublicense or distribute copies of the Software, or otherwise
transfer the Fortified Solutions - Helpdesk OnStaff Software to any third
party. You may not remove or alter any trademark, trade name, copyright or
other proprietary notices, legends, symbols, or labels appearing on or in
copies of the Software. You are not granted any title or rights of ownershi=
p in
the Fortified Solutions - Helpdesk OnStaff Software. You acknowledge that t=
his
license is not a sale of intellectual property and that Fortified Solutions=
-
Helpdesk OnStaff or its third party licensors, providers or suppliers conti=
nue
to own all right, title and interest, including but not limited to all
copyright, patent, trademark, trade secret, and moral rights, to the Fortif=
ied
Solutions - Helpdesk OnStaff Software and related documentation, as well as=
any
corrections, updates and upgrades. The Software may be used in the United
States only, and any export of the Fortified Solutions - Helpdesk OnStaff
Software is strictly prohibited.
6.4 Third Party Software: As part of the Services,
Fortified Solutions - Helpdesk OnStaff may suggest that you acquire, install
and use certain third party software ("Third Party Software"). Th=
ird
Party Software is licensed to you by the respective owners or licensees of =
the
Third Party Software. You must agree to the terms and conditions set forth =
by
such owners or licensees before installing Third Party Software, whether
Fortified Solutions - Helpdesk OnStaff assists you in the acquisition,
installation, and/or use of Third Party Software. Fortified Solutions - Hel=
pdesk
OnStaff has no rights to the Third Party Software and does not license Third
Party Software to you or make any representation or warranty regarding the
Third Party Software.
6.5 We provide technical assistance and support for t=
he
Software and the Fortified Solutions - Helpdesk OnStaff Software in accorda=
nce
with our policies. To the extent that we provide technical assistance and
support for Third Party Software or equipment, you must ensure that you com=
ply
with the terms and conditions under which you licensed such Third Party
Software or purchased such equipment. We make no warranty that we are an
authorized service provider for Third Party Software or for any equipment; =
it
is your sole responsibility to determine if you require additional rights f=
or
us to provide such support, and if so, to acquir=
e such
rights. You acknowledge that support of Third Party Software or equipment b=
y an
unauthorized service provider may void any warranty made by the supplier of
such Third Party Software or equipment.
6.6 Your license to use the Software and the Fortified
Solutions - Helpdesk OnStaff Software shall remain in full force and effect
unless and until terminated by Fortified Solutions - Helpdesk OnStaff, its
third party licensors, providers or suppliers, or until your customer accou=
nt
is terminated. Upon termination of your customer account for any reason, you
must cease all use of the Software and the Fortified Solutions - Helpdesk
OnStaff Software and immediately delete the Software and the Fortified Solu=
tions
- Helpdesk OnStaff Software from your computer.
6.7 Other Third Party Agreements: As part of the
Services, Fortified Solutions - Helpdesk OnStaff may suggest certain third
party services to you. If you choose to subscribe to or otherwise use any t=
hird
party services, your use of any such services is subject to the terms of
service of such third party service provider. You agree to comply with such
provider's terms of service and that the third party provider is solely
responsible for delivery of its service(s) to you and your use of them. Thi=
rd
party services include, but are not limited to technical support, portal,
training, music, gaming and storage services that Fortified Solutions -
Helpdesk OnStaff may elect to make available from time to time. Violation of
such third party provider's terms of service may, in Fortified Solutions -
Helpdesk OnStaff's sole discretion, result in t=
he
termination of your customer account and use of service.
7.
TERM AND TERMINATION
7.1 Effective Date and Term. This Agreement goes into
effect upon your acceptance of this Agreement as set forth in Paragraph 1 a=
nd
shall continue, subject to the terms of this Paragraph, until terminated by
either party as permitted by this Agreement. Billing for your remote, on-si=
te,
drop-off or telephone computer support service will apply on an 'as used'
basis.
7.2 Termination of Service.
7.2.1 Block-Hour Support or Subscription Service. If =
you
are a Block-Hour Support or subscription service customer, Fortified Soluti=
ons
- Helpdesk OnStaff may terminate this Agreement without cause by giving thi=
rty
(30) days written notice to the other party. As a customer may terminate th=
is
Agreement without cause by giving thirty (30) days written notice to the ot=
her
party, but will be billed a $89 cancellation fee if still under required
contracted time-period. Customer will not receive any cancellation fee if
cancelling service during renewal period of contract. Activation or set-up =
fees
paid at the initiation of your service, if any, are not refundable. Termina=
tion
by Fortified Solutions - Helpdesk OnStaff shall be effective thirty (30) da=
ys
after the date of notice to you, except as otherwise provided in this
Agreement. In the event of termination by Fortified Solutions - Helpdesk
OnStaff, for any reason, you will be required to pay the remaining balance =
of
the charges applicable to your Service through the effective date of
termination. You understand and agree that any software that you acquire and
install as part of the Silver, Gold or Platinum may cease to operate, updat=
e or
function properly after termination of the Silver, Gold or Platinum.
7.2.2 Termination and/or Suspension by Fortified
Solutions - Helpdesk OnStaff. If, in the sole discretion of Fortified Solut=
ions
- Helpdesk OnStaff: (a) you are in breach of any of the terms of this Agree=
ment
(including but not limited to all policies regarding abuse and acceptable u=
se
of the Service) or any license for Third Party Software; (b) your use of the
Service is prohibited by law or is disruptive to, adversely impacts or caus=
es a
malfunction to the Service, Fortified Solutions - Helpdesk OnStaff's
network, or the use and enjoyment of other users; (c) Fortified Solutions -
Helpdesk OnStaff receives an order from a court to terminate your Service; =
(d)
if Fortified Solutions - Helpdesk OnStaff for any reason ceases to offer the
Service; (e) if you are no longer a Fortified Solutions - Helpdesk OnStaff
customer, or (f.) Fortified Solutions - Helpdesk OnStaff determines that you
are abusing the Service or using the Service excessively then, Fortified
Solutions - Helpdesk OnStaff at its sole election may terminate or suspend =
your
Service immediately without notice.
7.2.3 Terminated Account. Fortified Solutions - Helpd=
esk
OnStaff, in its sole discretion, may refuse to accept your request for serv=
ice,
renewal or re-subscription following a termination or suspension of your us=
e of
the Service.
8.
PRICING AND PAYMENT
8.1 Pricing and Fees. Fortified Solutions - Helpdesk
OnStaff fees and charges for the Service(s) you select are supplied to you
during the ordering process and are available on the Fortified Solutions -
Helpdesk OnStaff web site at Service Options unless otherwise provided for =
in
this Agreement. You agree to pay the charges applicable to your selected
Service plan, as well as any, applicable taxes and other charges including =
but
not limited to activation fees, minimum service fees, no-show fees, fail to
cancel fees, termination fees, other nonrecurring charges and set-up fees. =
You
also agree to pay any additional charges or fees applied to your billing
account for any reason, including but not limited to, interest, and charges=
due
to insufficient credit or insufficient funds. Set up fees, activation fees,
installation fees and other non-recurring fees, if applicable, will be incl=
uded
in your first bill. Monthly recurring charges (subscription plans) will be
billed one month in advance; usage charges will be billed in arrears, and
pre-purchase plans will be billed in advance, if applicable. Fortified
Solutions - Helpdesk OnStaff or its agent will bill you directly, or charge
your credit card, as you request and as approved by Fortified Solutions -
Helpdesk OnStaff. Fortified Solutions - Helpdesk OnStaff does not accept de=
bit
cards for payment of any charges or fees.
8.2 Discontinuation of Service for Nonpayment. Servic=
e to
you may be denied or discontinued without notice at any time in the placeme=
nt
of Service charges on your credit card, or your credit card provider denies=
or
discontinues providing credit to you for any reason, or you fail to make
payment when due or provide us with a new credit card expiration date before
the existing one expires.
8.3 Late Fees. If any portion of your bill is not pai=
d by
the due date, Fortified Solutions - Helpdesk OnStaff may charge you a late =
fee
on unpaid balances and may also terminate or suspend your Service without
notice. The late fee will be the lesser of five
percent (5%) per month, or the highest rate permitted by law. In the event
Fortified Solutions - Helpdesk OnStaff utilizes a collection agency or reso=
rts
to legal action to recover monies due, you agree to reimburse us for all
expenses incurred to recover such monies, including attorneys' fees.
8.4 Local telephone, Toll and Long Distance Charges. =
Whether
you are accessing the Service from your home or away from your home, you are
responsible for all telephone charges.
8.5 You have the option to change your Service(s) at =
any
time by notifying us, provided that you qualify for and comply with any req=
uirements
of the changed Service.
8.6 Missed Appointments. If you do not contact Fortif=
ied
Solutions - Helpdesk OnStaff a minimum of two (2) hours prior to your
appointment to cancel or otherwise reschedule your appointment, you will be=
charged,
at Fortified Solutions - Helpdesk OnStaff's opt=
ion, a
missed appointment fee according to the following schedule: Physical On-Site
Computer Support: $45 missed appointment fee Remote Computer Support: $25
service fee that is converted into 15 minutes of remote support and added to
your account for future use
8.7 Service Without Resolu=
tion.
Fortified Solutions - Helpdesk OnStaff will make every reasonable attempt to
troubleshoot, analyze, assess, correct or otherwise fix your computer or
network problem. If Fortified Solutions - Helpdesk OnStaff is unable to res=
olve
your computer problem, you will still be liable for charges for time spent =
by
Fortified Solutions - Helpdesk OnStaff in an attempt to correct a problem. =
8.8 Unable to Create Online Connection. Fortified
Solutions - Helpdesk OnStaff will not charge you if Fortified Solutions -
Helpdesk OnStaff cannot connect with your computer in attempt to provide re=
mote
computer support service.
8.9 The waiver of any fees or charges lies solely at =
the
discretion of Fortified Solutions - Helpdesk OnStaff.
8.10 Fortified Solutions - Helpdesk OnStaff reserves =
the
right to charge service fees to a customer's credit card up to eight (8) we=
eks
after the conclusion of service.
8.11 Travel Fee. Fortified Solutions - Helpdesk OnSta=
ff
Services reserves the right to charge travel fees of $49 dollars to a
customer's credit card for Onsite Services locations outside 30 miles from
nearest Fortified Solutions - Helpdesk OnStaff Services "dispatch cent=
er"
9.
LIMITATIONS ON USE OF THE SERVICE
9.1 You agree that your use of the Service and the
Internet, without limitation, is your sole responsibility, is solely at your
own risk, and you will comply with all applicable local, state, national and
international laws and regulations.
9.2 You agree that the Internet is not owned, operate=
d or
managed by, or in any way affiliated with Fortified Solutions - Helpdesk
OnStaff and Fortified Solutions - Helpdesk OnStaff is not responsible and h=
as
no control over the information, content or other materials, some of which =
may
be offensive, malicious or destructive in nature, which may be accessed thr=
ough
use of the Service. You further agree that Fortified Solutions - Helpdesk
OnStaff does not own or control all of the various facilities and
communications lines through which service may be provided, nor does Fortif=
ied
Solutions - Helpdesk OnStaff guarantee access to or through websites, serve=
rs
or other facilities on the Internet, whether or not such facilities are own=
ed
or controlled by Fortified Solutions - Helpdesk OnStaff.
9.3 You agree that Fortified Solutions - Helpdesk OnS=
taff
cannot and does not guarantee or warrant that data available for downloading
through the Service will be free of defects, infection or viruses, worms,
Trojan horses or other code that manifest contaminating, malicious or
destructive properties. You are responsible for implementing adequate
procedures to satisfy your particular requirements for accuracy of data inp=
ut
and output and for maintaining a means external to the Service for the
reconstruction of any lost data.
9.4 You agree that the Internet is not a secure netwo=
rk
and that third parties may be able to intercept, access, use, or corrupt the
information you transmit or receive over the Internet. Fortified Solutions -
Helpdesk OnStaff is not responsible for invalid destinations, transmission
errors, or corruption or security of your data.
9.5 You are not authorized to use any Fortified Solut=
ions
- Helpdesk OnStaff name or mark (including 'Helpdesk OnStaff') as a hyperte=
xt
link to any Fortified Solutions - Helpdesk OnStaff Web site or in any
advertising, publicity or in any other commercial manner without the prior
written consent of Fortified Solutions - Helpdesk OnStaff. You understand t=
hat your
ability to link to a Web site through the Service does not, in any way,
represent or imply Fortified Solutions - Helpdesk OnSt=
aff's
approval of, or its determination of the quality of that product or service,
and that links are provided for your convenience only. The links provided
through the Service are maintained by their respective organizations, which=
are
solely responsible for their content. Fortified Solutions - Helpdesk OnStaff
Affiliates may use the Fortified Solutions - Helpdesk OnStaff name and link=
to
the Fortified Solutions - Helpdesk OnStaff web site solely in accordance wi=
th
the terms and conditions of the Fortified Solutions - Helpdesk OnStaff
Affiliate Program.
10.
WARRANTIES AND LIMITATION OF LIABILITY
10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPL=
IED
HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS
AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRA=
NTY
FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY Fortified Solutions - Helpdesk
OnStaff (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR
SOFTWARE), Fortified Solutions - Helpdesk OnStaff (AND ITS OFFICERS, EMPLOY=
EES,
PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS=
AND
SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL
WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PART=
ICULAR
PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY=
OF
COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, CO=
URSE
OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Forti=
fied
Solutions - Helpdesk OnStaff OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
USE OF Fortified Solutions - Helpdesk OnStaff COMPUTER SUPPORT IS AT YOUR O=
WN
RISK AND IS NOT WARRANTED.
10.2 Fortified Solutions - Helpdesk OnStaff DOES NOT
WARRANT THAT THE SERVICE PROVIDED BY Fortified Solutions - Helpdesk OnStaff
WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR W=
ILL
BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIK=
E.
Fortified Solutions - Helpdesk OnStaff SHALL NOT BE LIABLE FOR LOSS OF YOUR
DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICAT=
ION
OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFE=
CT
ITS PERFORMANCE. Fortified Solutions - Helpdesk OnStaff MAKES NO WARRANTY R=
EGARDING
ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. Fortified
Solutions - Helpdesk OnStaff MAKES NO WARRANTY REGARDING THE CONTENT AND
INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRE=
SSLY
ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET
GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE =
OR
INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR
OCCURS.
10.3 IN NO EVENT SHALL Fortified Solutions - Helpdesk
OnStaff (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), =
ITS
THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FO=
R:
(A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO =
DATA
ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARD=
LESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABIL=
ITY,
EVEN IF Fortified Solutions - Helpdesk OnStaff HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY
OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS
PARAGRAPH ALSO APPLY TO Fortified Solutions - Helpdesk OnStaff'S
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIM=
UM
FOR WHICH Fortified Solutions - Helpdesk OnStaff (AND ITS OFFICERS, EMPLOYE=
ES,
PARENT, SUBSIDIARIES, AND AFFILIATES), Fortified
Solutions - Helpdesk OnStaff'S THIRD PARTY LICE=
NSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEME=
NT
ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER
CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLU=
SION
OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
10.7 Fortified Solutions - Helpdesk OnStaff RESERVES =
THE
RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINI=
NG
TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT
(INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
10.8 ON-TIME FIX SERVICES =
COME
WITH A 5 DAY WARRANTY THAT COVERS SERVICE RENDERED ON ORIGINAL SERVICE
CALL. WARRANTY DOES NOT COVER
ADDITIONAL ISSUES NOT COVERED OR REPAIRED BY TECHNICIAN.
11.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless
Fortified Solutions - Helpdesk OnStaff from and against all liabilities, co=
sts
and expenses, including reasonable attorney's fees, related to or arising f=
rom:
(a) any violation of applicable laws, regulations or this Agreement by you =
(or
any parties who use your account, with or without your permission, to access
the Service); (b) the use of the Service or the Internet or the placement or
transmission of any message, information, software or other materials on the
Internet by you (or any parties who use your account, with or without your
permission, to access the Service); (c) negligent acts, errors, or omission=
s by
you (or any parties who use your account, with or without your permission, =
to
access the Service); (d) injuries to or death of any person and for damages=
to
or loss of any property, which may in any way arise out of or result from o=
r in
connection with this Agreement, except to the extent that such liabilities
arise from the active negligence or willful misconduct of the other party; =
or
(e) claims for infringement of any intellectual property rights arising from
the use of the Service, Software, or the Internet.
12.
NOTICES
12.1 Notices required under this Agreement by you sha=
ll
be provided to the Fortified Solutions - Helpdesk OnStaff Customer Service =
Department.
Notices by Fortified Solutions - Helpdesk OnStaff to you shall be deemed gi=
ven:
(a) when sent to your registered email address, or (b) when deposited in the
United States mail addressed to you at last-known address or (c) when hand
delivered to your home, as applicable. Notice of changes to this Agreement =
and
these Terms of Service will be deemed given upon posting to the pages on the
Website.
12.2 With regard to electronic communications, you and
Fortified Solutions - Helpdesk OnStaff further agree that: (a) the User ID
and/or alias of a sender, contained in an electronic communication
("email"), is legally sufficient to verify the sender's identity =
and
the authenticity of the communication; (b) an email sent containing your Us=
er
ID and/or alias establishes you as its originator and has the same effect a=
s a
document with your written signature on it; and (c) an email or any computer
printout of it, is a valid proof of the validity of the original content of=
the
electronic communication.
13.
GENERAL PROVISIONS
13.1 All obligations of the parties under this Agreem=
ent,
which, by their nature, would continue beyond the termination, cancellation=
or
expiration of this Agreement, including by way of illustration and not
limitation, those clauses relating to Software Licenses, Warranties and
Limitation of Liability, and Indemnification, shall survive such terminatio=
n,
cancellation or expiration.
13.2 Fortified Solutions - Helpdesk OnStaff will not =
be
liable for delays, damages or failures in performance due to causes beyond =
its
reasonable control, including, but not limited to, acts of a governmental b=
ody,
acts of God, acts of third parties, fires, floods, strikes or other
labor-related disputes, of other things we do not control, or an inability =
to obtain
necessary equipment or services.
13.3 You agree not to assign or otherwise transfer, t=
his
Agreement in whole or in part, including the Software or your rights or
obligations under it. Any attempt to do so shall be void. We may assign all=
or
any part of this Agreement without notice and you agree to make all subsequ=
ent
payments as directed.
13.4 You and Fortified Solutions - Helpdesk OnStaff a=
gree
that the substantive laws of the Commonwealth of Georgia, without reference=
to
its principles of conflicts of laws, will be applied to govern, construe and
enforce all of the rights and duties of the parties arising from or relatin=
g in
any way to the subject matter of this Agreement. YOU AND Fortified Solution=
s -
Helpdesk OnStaff CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENU=
E IN
A COURT LOCATED IN MIDDLESEX COUNTY, MASSACHUSETTS FOR ANY SUITS OR CAUSES =
OF
ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER =
OF
THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law,
including Massachusetts laws relating to consumer transactions, any cause of
action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim=
or
cause of action is barred. In any action or proceeding arising from or rela=
ting
in any way to the subject matter of this Agreement you agree that Fortified
Solutions - Helpdesk OnStaff shall be entitled to recover its reasonable
attorneys’ fees and costs incurred in connection with said action or
proceeding and in the event that Fortified Solutions - Helpdesk OnStaff
prevails.
13.5 Use, duplication or disclosure by any Government
entity is subject to restrictions set forth, as applicable, in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights clause at FAR
52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause of DFARS
252.227-7013, and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Fortified Solutions - Helpdesk OnStaff or its
licensors and suppliers. The use of Software and documentation is further
restricted in accordance with the terms of this Agreement.
13.6 In the event of a conflict between this Agreement
and any applicable tariff, the tariff shall prevail. We reserve the right to
modify the Service to reflect any change in any applicable tariff or underl=
ying
network service or component affecting the Service.
13.7 Fortified Solutions - Helpdesk OnStaff's
failure at any time to insist upon strict compliance with any of the provis=
ions
of this Agreement in any instance shall not be construed to be a waiver of =
such
terms in the future. If any provision of this Agreement is determined to be
invalid, illegal or unenforceable, the validity, legality, and enforceabili=
ty
of the remaining provisions shall not in any way be affected or impaired
thereby, and the unenforceable portion shall be construed as nearly as poss=
ible
to reflect the original intentions of the parties.
13.8 This Agreement, including all Attachments and all
other policies posted on the Website, which are fully incorporated into this
Agreement either by attachment or by reference, constitutes the entire
agreement between you and Fortified Solutions - Helpdesk OnStaff with respe=
ct
to the subject matter hereto and supersedes any and all prior or
contemporaneous agreements whether written or oral. Any changes by you to t=
his
Agreement, or any additional or different terms in your purchase orders,
acknowledgements or other documents, written or electronic, are void.