Terms and Usage
Policy
Usage
Policy
You agree that you will use Around
the Clock Networks, LLC (gotcomputertroubles.com)
in compliance with all applicable
local, state, national, and
international laws, rules and
regulations. Furthermore, you agree
that you will not ask questions that
are unlawful, defamatory, harassing,
abusive, fraudulent, obscene,
intended to advertise or sell goods
or services, or are otherwise
objectionable. You further agree not
to ask questions designed to elicit
responses that relate to illegal
activity or that infringe upon
another party's intellectual
property rights. You may not sell,
use, reproduce, modify, edit,
translate, publish, perform,
display, post, transmit and
distribute questions, comments or
answers for any public or commercial
purpose without the written
permission of Around the Clock
Networks, LLC (gotcomputertroubles.com).
Around the Clock Networks, LLC (gotcomputertroubles.com)
does not necessarily edit, screen,
filter, modify, or otherwise monitor
the content of questions or comments
in advance of responses. Around the
Clock Networks, LLC (gotcomputertroubles.com)
takes no responsibility for third
party content, nor does Around the
Clock Networks, LLC (gotcomputertroubles.com)
have any obligation to monitor such
third party content. Around the
Clock Networks, LLC (gotcomputertroubles.com)
reserves the right to refuse service
to anyone at any time without notice
for any reason. Around the Clock
Networks, LLC (gotcomputertroubles.com)
will not be responsible or liable
for the exercise or non-exercise of
its rights under this Agreement.
General Information
Information provided via Around the
Clock Networks, LLC (gotcomputertroubles.com)
is not intended to substitute for
informed professional medical,
psychiatric, psychological, tax,
legal, investment, accounting, or
other professional advice. If you
ask a question we will assume you
are interested in soliciting and
receiving general information rather
than professional advice. You should
bear in mind that the applicability
of such general information might
vary substantially in different
states and according to the
individual factual circumstances
surrounding a particular question or
comment.
Online
Remote Support
Online remote support fees are
charged to a client by client
purchasing various support options.
This include but not limited to
“time blocks”, “pay as you go”,
“flat rate services” and monthly
subscriptions.
Client agrees to pay for services
and products posted on website at
time of purchase. Products, services
and labor (time) is debited to
"Client" account for all time used
by "Client". This time starts after
the client is connected to the
technician’s remote connection until
the call is terminated. Time will
be rounded up to the nearest 5
minute interval. A 15 minute
minimum will be debited for any
remote service.
The following exceptions apply:
The first 5 minutes of the call will
not be billed. This time is used to
understand the problem and help the
"Client" setup the remote
connection.
If connection is lost during
servicing, client is to be called
immediately to reconnect.
The time needed to reestablish the
connection and will not be charged
unless it is part of troubleshooting
or rebooting the computer as part of
the support operation.
Onsite
Support
Onsite support labor shall be billed
at the hourly rate ranging from a
minimum rate of $75 to
$125 per hour per technician for all
time spent on or off "Client"’s
location
This includes any time needed to
purchase parts or products necessary
to complete the service.
Multiple technicians may be required
to expedite the completion of work.
Hourly rates
Vary due based on type of service
and geographical area in the
country. Around the Clock Networks
will do their best to discuss these
variables prior or during support
engagement. Labor (time) will be
billed in half
hour increments rounded to the
nearest half-hour. A one hour
minimum will be billed for
any site visit to a "Client".
Around the Clock Networks, LLC (gotcomputertroubles.com) will provide an estimate for services whenever possible or
is requested by the "Client".
Unfortunately, because of the nature
of
computer and I.T. services, there
are situations when unforeseen
problems may require additional
labor
time to resolve the issues.
Additional work or requests for
services outside the original scope
of work
may also increase labor time. The
"Client" will be bill and debited
for all billable time during onsite
and/or online remote support
services requested.
Payments
Payments are secured via credit card
information provided by "Client"
during sign up or engagement of
services. "Client" agrees to not
dispute charges with Credit Card
Company.
Refund
Policy
You may request a refund for any
Consulting fee by submitting your
request to the support technician
within five (5) minutes from the
start of the call. All reasonable
refund requests will be honored.
Warranty
The information provided by Around
the Clock Networks, LLC (gotcomputertroubles.com)
pursuant to this Service is derived
from private and public reference
sources as well as personal
knowledge and is provided by Around
the Clock Networks, LLC (gotcomputertroubles.com)
or independent contractors
("Consultant") to assist you. The
Information has not been verified,
however, and neither Around the
Clock Networks, LLC (gotcomputertroubles.com)
nor Consultant represent that it is
accurate, correct, complete,
reliable, or otherwise valid. Around
the Clock Networks, LLC (gotcomputertroubles.com)
does not endorse or recommend, and
expressly disclaims liability for
any product, manufacturer,
distributor, service or service
provider mentioned in any question,
comment or answer. Furthermore,
Around the Clock Networks, LLC (gotcomputertroubles.com)
does not endorse or support any
opinion expressed in a question,
comment, or answer. THE INFORMATION
AND SERVICE IS PROVIDED "AS IS" WITH
NO WARRANTY OF ANY KIND AND YOU USE
THE SERVICE AT YOUR OWN RISK. THE
CONTENT OF THE QUESTIONS, ANSWERS,
AND COMMENTS IS PROVIDED BY AND IS
THE RESPONSIBILITY OF THE PERSON
CLAIMING SUCH ITEMS. Around the
Clock Networks, LLC (gotcomputertroubles.com)
AND CONSULTANTS EXPRESSLY DISCLAIM
ANY WARRANTY, EXPRESS OR IMPLIED,
REGARDING THE SERVICE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some states do not
allow the exclusion of warranty, so
the above exclusions may not apply
to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Around
the Clock Networks, LLC (gotcomputertroubles.com)
OR CONSULTANTS BE LIABLE TO YOU FOR
ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN
CONNECTION WITH USE OF THE SERVICE
WHETHER OR NOT Around the Clock
Networks, LLC (gotcomputertroubles.com)
OR CONSULTANT HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL Around
the Clock Networks, LLC (gotcomputertroubles.com)
OR CONSULTANT BE LIABLE TO YOU FOR
ANY AMOUNT FOR SERVICES RENDERED OR
INFORMATION PROVIDED PURSUANT TO
THIS AGREEMENT, RATHER YOUR SOLE AND
EXCLUSIVE REMEDY SHALL BE THE REFUND
OF FEES ACTUALLY PAID BY YOU TO
Around the Clock Networks, LLC (gotcomputertroubles.com)
FOR ANY INSTANCE OF USE OF THE
SERVICES THAT GIVES RISE TO A CLAIM.
TO THE EXTENT THAT ANY QUESTION,
COMMENT, OR ANSWER REFERS TO ANY
PRODUCT, MANUFACTURER, DISTRIBUTOR,
COMPANY, SERVICE OR SERVICE
PROVIDER, Around the Clock Networks,
LLC (gotcomputertroubles.com)
EXPRESSLY DISCLAIMS ANY ASSOCIATION
WITH, ENDORSEMENT OF OR LIABILITY
FOR ANY SUCH PRODUCT, MANUFACTURER,
DISTRIBUTOR, COMPANY, SERVICE OR
SERVICE PROVIDER. Some states do not
allow the exclusion or limitation of
incidental or consequential damages,
so the above limitation and
exclusions may not apply to you.
Hold
Harmless and Indemnity
You agree to hold harmless and
indemnify Around the Clock Networks,
LLC (gotcomputertroubles.com), and
its Consultants, employees, agents
and representatives, from and
against any third party claim
arising from or in any way related
to your use of the Service,
including any liability or expense
arising from all claims, losses,
damages (actual and consequential),
suits, judgments, litigation costs
and attorneys' fees, of every kind
and nature. In such a case, Around
the Clock Networks, LLC (gotcomputertroubles.com)
or the affected Consultant(s) will
provide you with written notice of
such claim, suit or action.
Release and Waiver
To the maximum extent permitted by
applicable law, you hereby release,
and waive all claims against Around
the Clock Networks, LLC (gotcomputertroubles.com)
and its employees and agents from
any and all liability for claims,
damages (actual and consequential),
costs and expenses (including
litigation costs and attorneys'
fees) of every kind and nature,
arising out of or in any way
connected with use of the Service.
If you are a New Jersey resident,
you waive your rights, whether known
or unknown, under New Jersey Civil
Code, "A general release does not
extend to claims which the creditor
does not know or suspect to exist in
his favor at the time of executing
the release, which if known by him
must have materially affected his
settlement with the debtor."
Residents of other states and
nations similarly waive their rights
under applicable and/or analogous
laws, statutes, or regulations.
No
Assignment
You shall not assign this Agreement
or assign any rights or delegate any
obligations hereunder, in whole or
in part, whether voluntarily or by
operation of law, without Around the
Clock Networks, LLC (gotcomputertroubles.com)'s
prior written consent. Any such
purported assignment or delegation
by you without Around the Clock
Networks, LLC (gotcomputertroubles.com)'s
prior written consent will be null
and void and of no force or effect,
unless otherwise expressly consented
to by Around the Clock Networks, LLC
(gotcomputertroubles.com) at its
sole and absolute discretion.
Relationship of the Parties
Notwithstanding any provision
hereof, for all purposes of this
Agreement each party shall be and
act as an independent contractor and
not as partner, joint venturer,
agent, employee or employer of the
other and shall not bind nor attempt
to bind the other to any contract.
Arbitration
Any controversy or claim arising out
of or relating to this Agreement
shall be settled by binding
arbitration in accordance with the
commercial arbitration rules of the
American Arbitration Association.
Any such controversy or claim shall
be arbitrated on an individual
basis, and shall not be consolidated
in any arbitration with any claim or
controversy of any other party. The
decision of the arbitrator shall be
final and unappealable. The
arbitration shall be conducted in
Burlington County, New Jersey and
judgment on the arbitration award
may be entered into any court having
jurisdiction thereof.
Notwithstanding anything to the
contrary, Around the Clock Networks,
LLC (gotcomputertroubles.com) may at
any time seek injunctions or other
forms of equitable relief from any
court of competent jurisdiction.
Miscellaneous
If any provision of this Agreement
is held to be invalid or
unenforceable, such provision shall
be deemed superseded by a valid
enforceable provision that most
closely matches the intent of the
original provision and the remaining
provisions shall be enforced. Around
the Clock Networks, LLC
(gotcomputertroubles.com)'s failure
to act with respect to a breach by
you or others does not waive Around
the Clock Networks, LLC
(gotcomputertroubles.com)'s right to
act with respect to subsequent or
similar breaches. The failure of
Around the Clock Networks, LLC
(gotcomputertroubles.com) to
exercise or enforce any right or
provision of these terms and
conditions shall not constitute a
waiver of such right or provision.
The section headings and subheadings
contained in this Agreement are
included for convenience only, and
shall not limit or otherwise affect
the terms of this Agreement. This
Agreement shall be interpreted in
accordance with the laws of the
State of New Jersey as if made in
New Jersey by two residents of that
state. This Agreement constitutes
the entire agreement between Around
the Clock Networks, LLC
(gotcomputertroubles.com) and you
with respect to the subject matter
hereof.
©
2006 Around the Clock Networks, LLC