These terms of service (the “Terms”) are an agreement between you or the entity you represent (“you,” “your,” or “user”) and Tech Teams, LLC, a limited liability company governed by the laws of State of Kansas, USA (the “Company”, “we,” “our,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to purchase Company’s IT services (separately a “Service”, and together, “Services”) or a TV mount (“Product”) found at www.TechTeams.net (“Website”).
You understand that by purchasing the Product or any of the Services, you agree to be bound by these Terms. If you do not accept these Terms in its entirety, you must not purchase the Products or any of the Services.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any part of the Website or Services. Any revisions to these Terms or changes to the Website and/or Services will take effect when a revised version is posted on the Website. Your continued use of the Website and purchases made after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Website and/or Services and (b) agreement to be bound by any such revised terms and conditions.
The Terms include and hereby incorporate by reference Company’s Privacy Policy found at www.TechTeams.net/Privacy.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.
SERVICES
We agree to use commercially reasonable efforts to provide the Services you purchase as described on the Website. However, our ability to deliver the Services depends upon your full and timely cooperation, as well as the accuracy and completeness of any information you provide. You shall be solely responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Website or the Services.
By purchasing one of our Services and agreeing to these Terms, you:
(a) allow us to remotely access your desktop, laptop, cell phone or server to help you with your technical needs;
(b) authorize us to modify your network settings and/or network devices such as firewall, router, and others to enable us to remotely access your device and/or server facilities to provide you with the Services;
(c) permit us complete administrative access to your computer system, network and/or server including potentially confidential data, to enable us to provide the Services;
(d) acknowledge and agree that any Service fees and charges are non-refundable in whole or in part.
Additionally, if you purchase our one-time Service that requires remote support, you will be asked to download our (or our licensor’s) software ( “Software”) each time you need any such Service.
If you purchase our recurring IT management Services, we may have to setup a firewall appliance ( “Equipment”) at your location and/or install the Software on your electronic device. Therefore, you hereby acknowledge and agree that following any such setup of the Equipment and and installation of the Software, the Company may at any time access your systems whether you are online observing performance of a Service or not (for the Company to be able to perform such Services in timely manner). The Software will have to remain on your device until termination of these Terms.
PRODUCT
The Product comes with a manufacturer’s warranty. Should you need to fix your Product, you must contact the manufacturer within 30 days of purchase. Therefore, you are encouraged to save your purchase receipt that might need to be presented to the manufacturer. No free maintenance or installation is offered by the Company if your purchase the Product, however, you may request that Service on our website.
We offer a 30-day refund policy with regard to purchase of the Product. If you need to return a Product, contact us at Support@TechTeams.net within 30 days of purchase.
YOUR REPRESENTATIONS
In order to purchase a Service or Product, you must provide certain information about yourself as requested by the Company in its order form. You represent and warrant that: (a) all required information you submit is truthful and accurate, and (b) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.
GRANT OF LICENSE
License. Subject to the terms and conditions of these Terms, the Company grants you a non-transferable and non-exclusive license of the right to use Website, Software, and Equipment.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Website, Software, or Equipment; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Website, Software, or Equipment; (c) you shall not access Website, Software, or Equipment in order to build a similar or competitive service; (d) you shall not remove or destroy any copyright notices or other proprietary markings found on Website, Software, or Equipment. Any future release, update or other addition to any of functionalities or content of Website, Software, or Equipment shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Website .
Modification. We reserve the right, at any time, to modify, suspend or discontinue the operation of Website, Software, Equipment, or any parts thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of operation of Website, Software, Equipment, or any part thereof.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to Website, Software, and Equipment. The Website, Software, and Equipment are licensed to you; this means that Website, Software, and Equipment are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to Website, Software, or Equipment. The logo and other names associated with the Website, Software, or Equipment belong to us or our licensors (if any and where applicable) and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
PAYMENT TERMS
(a) You agree to pay all fees and applicable taxes incurred by you when purchasing our Services or Product.
(b) Acceptable form of payment for the Product is credit cards, PayPal, and checks.
(c) Acceptable form of payment for recurring Services is checked.
(d) Acceptable forms of payment for one-time Services are credit cards and PayPal.
(e) The Company uses a third-party payment processing company (“Payment Processor”) to link your credit/debit card or PayPal account to recurring Services. Processing of any financial information is subject to the terms, conditions and privacy policies of any such Payment Processor and your bank. The Company is not responsible for any errors by the Payment Processor. In connection with your use of the Services, the Company will obtain certain transaction details, which the Company will use solely in accordance with its Privacy Policy.
SERVICE CANCELLATION OR RESCHEDULING POLICY
You may cancel or reschedule a confirmed appointment up to 24 hours prior to the appointment time at no charge. A $25 service fee will be applied to appointments cancelled or rescheduled within 24 hours of the appointment time. You my cancel or reschedule a Service by giving us a call at +1 (785) 260-7878 during our office hours. Our office hours are: Monday – Friday 8am – 8pm, Saturday 9am – 8pm, closed on Sundays.
However, should you wish to terminate any recurring Services, you must give us a 60-day notice in writing. To do so, please email us at Support@TechTeams.net. Please bear in mind that termination of recurring Services shall not relieve you of the requirement to pay for any outstanding fees.
YOUR PRIVACY
At the Company, we respect the privacy of our clients. For details, please go to our Privacy Policy found at www.TechTeams.net/Privacy. By purchasing one of our Services, you agree and consent to our collection and use of personal data as outlined therein and you agree to abide by and not violate such Privacy Policy on your part.
WARRANTIES & DISCLAIMERS (FOR SERVICES AND WEBSITE)
The Website and Services are provided on “as is” and “as available” basis and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, quality, or non-infringement. the Company (and our suppliers) makes no warranty that the Website or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, and complete. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
If applicable law gives you any implied terms, despite the exclusions and limitations in these Terms, then to the extent permitted by applicable law, your remedies are limited as determined by us, in the case of Services to either:
(i) re-supply of the Services,
(ii) the cost of the re-supply of the Services (if any),
and in the case of Equipment to either:
(i) replacement of the Equipment, or
(ii) correction of defects in the Equipment.
The order in which these limited remedies are provided will be determined by us.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE WEBSITE, OR ANY OF THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE WEBSITE OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, TV, MOBILE OR TABLE DEVICE, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
INDEMNIFICATION
You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, contractors, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Website and/or Services, or (ii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Term. You hereby acknowledge and agree that these Terms shall come into force on the date you purchase a Service and shall automatically terminate upon our successful completion of the Service (for one-time Services) or shall remain in force and effect until terminated in accordance with these Terms (for recurring Services).
Termination of Terms for Recurring Services. We may suspend your rights to use our recurring Services at any time and for any reason, at our sole discretion, if we believe you have violated any provision of these Terms. We will not incur any liability whatsoever to you for any termination of these Terms or delivery of Services. You may terminate these Terms by giving us a 60-day notice. To do so, please email us at Support@TechTeams.net. Termination shall not relieve you of the requirement to pay for any outstanding fees.
GENERAL PROVISIONS
Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters.
Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website or Services. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) as a post on the Website or (c) by you via email to Support@TechTeams.net or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of State of Kansas, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Shawnee County, KS, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.