THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THE TERMS AND CONDITIONS.
1. Definitions
- “Ms. Kelly’s IT Support”: This term refers to the array of IT support services provided by Ms. Kelly. These services include, but are not limited to, remote technical support, virus and malware removal, software installation, system optimization, and general troubleshooting for both hardware and software issues. Ms. Kelly’s IT Support aims to provide comprehensive assistance to enhance the digital experience of home users and small businesses alike. The services are designed to ensure that clients’ technological environments are running smoothly, securely, and efficiently.
- “Subscriber” or “You”: The term “Subscriber” or “You” refers to the individual or entity that registers for or utilizes Ms. Kelly’s IT Support services. Subscribers may include individuals seeking personal tech support or businesses requiring ongoing IT maintenance and troubleshooting. By using the services, the subscriber agrees to comply with these terms and conditions. The subscriber is responsible for ensuring that all information provided is accurate and for cooperating fully with Ms. Kelly’s support team to facilitate effective service delivery.
- “Services”: “Services” encompasses all IT support offerings provided by Ms. Kelly, as described on her official website and marketing materials. These services include remote desktop support, virus removal, software installation, email setup, printer support, network configuration, and general computer troubleshooting. The scope of services is detailed on the website and may be subject to updates or modifications. The goal of these services is to provide effective solutions to technical issues, ensuring optimal performance of the subscriber’s digital environment.
- “Software”: The term “Software” refers to any applications, programs, or utilities used by Ms. Kelly in the provision of her IT support services. This software may include diagnostic tools, malware removal utilities, system optimization programs, and other necessary applications. The software is employed to diagnose issues, perform repairs, and optimize system performance. Subscribers acknowledge that the use of such software is integral to the services provided and agree to the installation and use of these tools on their systems as necessary.
- “Subscription Period”: “Subscription Period” refers to the specific duration during which the subscriber is entitled to receive IT support services from Ms. Kelly. The subscription period begins on the date the subscriber registers for the services and continues for the term specified in the chosen subscription package, which may range from one month to one year. During this period, the subscriber can access support services as outlined in the subscription plan. Renewal terms and conditions are also defined within this period, ensuring continuous support for the subscriber’s technological needs.
2. General
The services offered by Ms. Kelly are provided exclusively via phone, Internet chat, and remote desktop sharing. This means that all interactions and troubleshooting are conducted remotely, ensuring convenience and immediate access to expert support. By contacting Ms. Kelly’s support team, subscribers authorize her to make necessary configurations on their computers, including deleting unnecessary files and altering system settings to optimize performance. Subscribers also consent to the installation of additional software required to provide the services effectively. This remote service model is designed to provide quick and efficient resolutions to technical issues, leveraging modern communication technologies to deliver high-quality support.
3. Access
To effectively provide the services, Ms. Kelly requires remote access to the subscriber’s computer via the Internet. Subscribers must facilitate this process by assisting in diagnosing issues and granting the necessary permissions for remote access. Cooperation from the subscriber is crucial for the successful resolution of technical problems. Non-cooperation or refusal to grant access will be considered a breach of this agreement, potentially limiting the support that can be provided. Subscribers must ensure they have administrator rights on their computers, maintain up-to-date backups of all data, and provide accurate and complete information to the support team. This collaborative approach ensures that Ms. Kelly can deliver the highest level of service.
4. Limitations
The services provided by Ms. Kelly do not cover hardware repair, lost profits, or recovery of data. Subscribers are solely responsible for maintaining backups of their data and ensuring the security of their information. While Ms. Kelly employs best practices and advanced tools to provide effective support, there is no guarantee that all issues will be resolved or that data can be recovered in cases of severe corruption or loss. The scope of services is limited to the options selected by the subscriber during registration, and any changes or additions to the services may incur additional charges. Subscribers should understand these limitations and manage their expectations accordingly.
5. Quality of Services
Ms. Kelly strives to provide all services using commercially reasonable efforts, aiming to resolve issues efficiently and effectively. However, there are no guarantees that the services will meet all expectations or that every technical problem will be resolved to the subscriber’s satisfaction. The nature of IT support is such that some issues may be complex or stem from underlying hardware problems that are beyond the scope of remote support. While Ms. Kelly uses advanced diagnostic tools and expertise to deliver high-quality service, the results may vary based on the specific circumstances of each case. Subscribers are encouraged to maintain realistic expectations and understand the inherent challenges in remote technical support.
6. Subscription and Renewal
Single-use services provided by Ms. Kelly expire at the end of the session, whereas subscription-based services will automatically renew at the end of the originally purchased plan unless canceled by the subscriber. It is the subscriber’s responsibility to be aware of the renewal terms and to cancel the subscription if they do not wish to continue the service. Failure to comply with these terms may result in the termination of the subscription without refund. Subscribers can manage their subscriptions and renewals through their account settings or by contacting customer support. This ensures that they have continuous access to IT support services as long as needed.
7. Payment
Subscribers agree to pay the amount specified on Ms. Kelly’s website for the services selected. All payments must be made in full to receive the services. Payment terms, including the accepted methods of payment and any applicable taxes or fees, are clearly outlined on the website. Subscribers are responsible for ensuring that payment information is accurate and up to date. Failure to make timely payments may result in the suspension or termination of services. Ms. Kelly reserves the right to modify pricing at any time, but any changes will be communicated to subscribers in advance and will not affect current subscriptions until renewal.
8. Privacy
Ms. Kelly’s privacy policy governs the collection, use, and protection of subscriber information. By accepting these terms and conditions, subscribers acknowledge that they have read and agree to the privacy policy. The policy outlines how data is collected, stored, and used, ensuring that subscriber information is handled with the utmost care and confidentiality. Diagnostic software used during support sessions may collect information necessary for troubleshooting and repair, and subscribers agree to the use of such software. Ms. Kelly is committed to maintaining the privacy and security of subscriber data, employing industry-standard practices to protect against unauthorized access or disclosure.
9. Disclaimer
All services and software provided by Ms. Kelly are offered “as is” without any warranties of any kind. This includes implied warranties of merchantability and fitness for a particular purpose. While Ms. Kelly strives to provide effective and reliable IT support, there are no guarantees regarding the performance or results of the services. The complex nature of technology means that some issues may not be fully resolvable, and the use of provided software may carry inherent risks. Subscribers acknowledge and accept these risks, understanding that Ms. Kelly is not liable for any direct or indirect damages arising from the use of the services or software.
10. Limitation of Liability
Ms. Kelly and her affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of the services or software. This includes, but is not limited to, damages for loss of data, business interruption, or any other commercial damages or losses. The total liability of Ms. Kelly, whether in contract, warranty, tort, or any other legal theory, is limited to the amount paid by the subscriber for the services. This limitation of liability reflects the allocation of risk between the parties and is an essential element of the basis of the bargain. Subscribers acknowledge and agree that this limitation is reasonable and necessary to ensure the availability of the services at the stated prices.
11. Force Majeure
Ms. Kelly shall not be responsible for any interruption or delay in the services due to circumstances beyond her control. These circumstances include, but are not limited to, natural disasters, acts of war or terrorism, and disruptions in telecommunications or internet services. In the event of such a force majeure, Ms. Kelly will make reasonable efforts to resume services as soon as possible. Subscribers agree that such interruptions do not constitute a breach of this agreement and that no refunds or credits will be issued for service disruptions caused by force majeure events.
12. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the relevant jurisdiction. Any disputes arising out of or in connection with this agreement shall be resolved through binding arbitration in accordance with the rules of the chosen arbitration body. By accepting these terms, subscribers agree to waive their right to a court trial or to participate in a class action lawsuit. This provision ensures that any disputes are resolved in a fair and efficient manner, with minimal disruption to both parties.
13. Entire Agreement
This agreement constitutes the entire agreement between Ms. Kelly and the subscriber regarding the use of the services. Any modifications or amendments to this agreement must be in writing and signed by both parties. Ms. Kelly reserves the right to update or change these terms at any time, and such changes will be effective upon posting on her website. Subscribers are encouraged to review the terms periodically to stay informed of any updates. Continued use of the services constitutes acceptance ofCertainly, Ms. Kelly.