TERMS OF SERVICE
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Structured Technology Services General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the Structured Technology Services service that Customer has purchased (the “Service”). These terms and conditions comprise the entire agreement between Customer and Structured Technology Services with respect to the Service.
For time spent at Customer’s site or on a Remote Service, Customer agrees to pay either on an hourly fee basis or a fixed price basis if available and selected. If a fixed price task is selected, the Customer agrees to pay the selected fixed price. Additional services performed will be charged on the basis of quarter hour increments of the hourly rate. If the Customer elects to be serviced on a time and material basis, a service charge per hour with a minimum 1-hour charge applies. After the first hour, Customer agrees to pay 15-minutes intervals or portion thereof. The minimum charge for onsite computer service is one-hour. Remote or phone computer support is provided at the rate of first half hour with a minimum 30 minute charge. Structured Technology Services reserves the right to refuse service. Customer agrees to pay Structured Technology Services 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. Structured Technology Services 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
Structured Technology Services may change the terms and conditions of the Service from time to time. Upon any such change, Structured Technology Services will notify the Customer by posting the changes to the site from which the Service was purchased. Structured Technology Services reserves the right to modify or discontinue the Service with or without notice to Customer. Structured Technology Services shall not be liable to Customer or any third party should Structured Technology Services 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.
CUSTOMERS RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Structured Technology Services servicing any Customer equipment it is Customer’s responsibility to 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 Structured Technology Services 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 Customers data.
LIMITATIONS TO SERVICE
Structured Technology Services shall not be liable for any failure or delay in performance due to shipping or any cause beyond its control. Structured Technology Services 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 or other requirements of the Customer are unusual or extensive or beyond the scope of these Service Terms, as determined by Structured Technology Services.
PERMISSION GRANTED BY CUSTOMER
Customer grants Structured Technology Services permission to physically access Customer’s home or office property to gain access to Customer’s computer system and/or network.
Customer grants Structured Technology Services access and permission to physically disassemble any and all computer systems, home entertainment systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories.
Customer grants Structured Technology Services access, security rights, and permission to open, read, write, configure or otherwise repair Customer’s software or data that may be contained on Customer’s computer system or network.
Customer grants Structured Technology Services permission to perform modification to Customer’s home or office location for the purpose of installing networking hardware or cabling.
Customer grants Structured Technology Services permission to download and/or install software on Customer’s computer and/or network, for the purpose of performing a repair or maintenance.
Customer grants Structured Technology Services permission to install hardware in Customer’s computer and/or network.
Customer agrees to indemnify, defend, and hold harmless Structured Technology Services (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 Structured Technology Services 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 Structured Technology Services 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. STRUCTURED TECHNOLOGY SERVICES 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. STRUCTURED TECHNOLOGY SERVICES 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 STRUCTURED TECHNOLOGY SERVICES 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 STRUCTURED TECHNOLOGY SERVICES 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; STRUCTURED TECHNOLOGY SERVICES WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
STRUCTURED TECHNOLOGY SERVICES 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 STRUCTURED TECHNOLOGY SERVICES 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 Structured Technology Services shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Structured Technology Services shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Structured Technology Services. Notwithstanding any language to the contrary, Structured Technology Services maximum liability to Customer arising from or related to Structured Technology Services under this Agreement shall be limited to the sums paid by Customer to Structured Technology Services under this Agreement during the three months prior to the time the cause of action arose.
Either Customer or Structured Technology Services 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 Structured Technology Services 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 Virginia, excluding its conflict of law provisions. Customer and Structured Technology Services agree to submit to the exclusive jurisdiction of the courts in Virginia. 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 Structured Technology Services 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 Structured Technology Services. No other agreement whether verbal or written shall be in effect except if agreed to in writing and signed by both parties.