Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the “Terms”) govern your use of the web site at www.yourhomehelpdesk.com (“Site”) and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the “Services”) provided by YourHomeHelpdesk.com, Inc. By accessing, ordering or using the Services via online or via telephone or via the Site, you (“You” or “Your” means you) and other users of the Services (collectively, “Users”) agree to these Terms and our Privacy Policy available here.

Scope of Services

You may initiate the Services via telephone, via the Site, or other means made available by YourHomeHelpdesk.com will use commercially reasonable efforts to answer Your technology question and resolve your technology problem for a fee as set forth in the website or as quoted via telephone or online chat, as applicable YourHomeHelpdesk.com may provide certain portions of the services via remote control session, online chat, or e-mail. We may set forth limits to the technology we support. Some services may have minimum system requirements.

Terms of Use

We provide you with access to and use of the Services subject to your compliance with the Terms. YourHomeHelpdesk.com reserves the right to refuse to provide the Services to anyone without notice for any reason at any time. You represent and warrant to us that (a) You are at least 18 years of age; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on this Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to yourhomehelpdesk.com is correct and complete, and (f) any payment or credit card information You supply is correct.

Authorization to Access Your Computer; Monitoring of the Services

You agree that by your use of the Services you are authorizing YourHomeHelpdesk.com to access and control your computer for the reasons of computer diagnosis, service and repair.

In connection with delivering the Services, YourHomeHelpdesk.com may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant YourHomeHelpdesk.com the right to connect to your computer, download and use software on Your computer to gather system data, repair Your computer, take remote control of Your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that yourhomehelpdesk.com has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be associated to the Services.

We may, but have no obligation to, record and monitor the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to yourhomehelpdesk.com to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the services to you and our Users; to protect ourselves and/or our Users; and to enhance the types of services we may furnish to you in the future. You also grant yourhomehelpdesk.com permission to combine Your information with that of others in a way that does not identify you or any individual personally to improve the services, for training, for marketing and promotional purposes, and for other business purposes. Please see our Privacy Policy for further details.

We may, but have no obligation to monitor and/or review all materials posted to the Site or through the Site’s services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to review, monitor and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty if we believe You are in breach of the guidelines set forth in our Terms or in violation of applicable law without notice or liability.

Data Backup

YourHomeHelpdesk.com does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text, or other materials (collectively “customer data”) and software stored on your computer and storage media before ordering the services. You acknowledge and agree that Yourhomehelpdesk.com or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software, or hardware that may arise out of the services.

YourHomeHelpdesk.com does not provide backup copies, or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.

Warranty

The Services may not be successful because the problem may be beyond our ability to repair remotely. If you have purchased an Individual Service from YourHomeHelpdesk.com, then the following warranty applies: if we are not able to answer your question or rectify your technology problem and you have complied with all of Your obligations in these Terms, we will not charge You a fee for the Individual Service. If you experience a problem with the resolution we provided and You call us within five (5) days from the day You originally received the Individual Service, we will use commercially reasonable efforts to try to rectify your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Individual Service.

As set forth below, there are no other warranties for the Services.

DISCLAIMER OF WARRANTIES

You understand and agree that except as expressly set forth above, the services (including, without limitation, all advice, content, and software) are provided “As Is”, without any kind of Warranty, either expresses or , including, without limitation, any warranties concerning the availability, accuracy, completeness, usefulness of the services, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Yourhomehelpdesk.com does not guarantee that the services will be timely, secure, uninterrupted, error free, or successful in resolving your question or computer problem. Yourhomehelpdesk.com makes no warranty that the services will meet your expectations or requirements. No advice, results, content or materials whether oral or written, obtained by you from the services shall create any warranty. Any content or software that you access, download, or use with the services is done at your own discretion and risk. You agree that you will be solely responsible for any damage that results from such activities.

Use of Software and Tools

YourHomeHelpdesk.com may need to download and/or run software on your computer to help diagnose and rectify your technology problem. YourHomeHelpdesk.com uses several types of software: the first type provides computer system information to YourHomeHelpdesk.com which helps us diagnose and resolve Your technology problem, the second type allows YourHomeHelpdesk.com to remotely control Your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help fix your technology problem.

You acknowledge and agree that use of all YourHomeHelpdesk.com software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when you access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the YourHomeHelpdesk.com software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.

Customer Responsibilities

You must cooperate with YourHomeHelpdesk.com and promptly respond to our requests for information and comply with our requests to take actions to rectify your technology problem. You must consent to the downloading and use of Software on your computer and accept all applicable license agreements for the Software.

Fees and Payment

The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the website. The fee for the Services will be charged directly on your credit card and you agree to pay the charges applicable to your selected Services, along with any applicable taxes.

Service Availability

The Services may not always be available in your time zone or geographic location. The Services may not always be available due to Internet service disruptions or system maintenance.

Use of the Services

Your use of the Services is only for your personal and internal business purposes on Your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, vendors, or suppliers of Your technology, or providers of services relating to such technology, to access or use the Services.

You may not use, download or copy any data, information, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational, and non-commercial purposes; (2) YourHomeHelpdesk.com trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. YourHomeHelpdesk.com reserves the right to revoke the authorization to view, print, and download the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from YourHomeHelpdesk.com. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, publish, reproduce, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of YourHomeHelpdesk.com. Any rights not expressly granted herein are reserved by YourHomeHelpdesk.com.

Restrictions

You shall not: (a) “mirror” any Content on the Site on any other server without YourHomeHelpdesk.com prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of support.com or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

Modifications to the Services

We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend, or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so.

Security

While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.

Submissions

All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to YourHomeHelpdesk.com (“Submissions”) shall be considered non-confidential and YourHomeHelpdesk.com property. By providing such Submissions to YourHomeHelpdesk.com, You agree to assign to YourHomeHelpdesk.com, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. YourHomeHelpdesk.com shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.

You acknowledge that you are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which are, do, or could reasonably be construed to be or do any of the following:


  • restrict or inhibit anyone from using and enjoying the Site or the Site’s services;
  • are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
  • constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
  • violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
  • contain embedded links, advertising, chain letters or pyramid schemes of any kind;
  • contain a virus, spyware, or other harmful component;
  • constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
  • contain sensitive, proprietary or confidential information about yourself or others.

Except as may be expressly permitted in connection with one of the Site’s services, you also may not offer to buy or sell any product or service on or through your submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of your activities and you submit Submissions at your own risk.

By submitting or sending Submissions to us, You: (i) represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and us in any way, (ii) represent and warrant that the Submissions are original to You, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (iii) You grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, adapt, modify, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submissions that You provide to us, nor are we responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such submissions at any time.

International Use

Currently, the Services are only available for residents of the United States. YourHomeHelpdesk.com may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, United States export laws and regulations. You represent and warrant that you are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.

Proprietary Rights

YourHomeHelpdesk.com respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Software, Content, and Services provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. YourHomeHelpdesk.com is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If you make use of the Services, Software or Content, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license, or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

Dealings with Third Parties

In the course of delivering the services to you, we may refer you to third parties, or websites of third parties, that offer products and/or services that may facilitate the resolution of Your computer support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Even though we may link or otherwise refer you to such products and services offered by third parties, unless expressly stated to the contrary, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by us of those merchants or their products or services. We are not responsible in any way for any other web sites, products, services or information. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that YourHomeHelpdesk.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Also, any third parties that may refer you to the Services have no responsibility, or liability for the Services provided by YourHomeHelpdesk.com.

INDEMNITY

You agree to defend, indemnify, and hold YourHomeHelpdesk.com, it’s directors, officers, employees, agents, and affiliates harmless from any, and all claims, liabilities, damages, and costs and expenses, including reasonable attorney’s fees , in any way arising from, or related to your use of the services or your violation of the terms.

LIMITATION OF LIABILITY

In no event shall YourHomeHelpdesk.com, and referral partners, or any of their respective, directors, suppliers, officers, agents, employees, or content/service providers be liable for any indirect, special, consequential, incidental, exemplary, or punitive damages of any kind or nature, whether from contract, tort (including negligence), misrepresentation, strict liability, or any other legal or equitable theory, arising from directly or indirectly related to the use of, or the inability to use the services, software, content or your personal computer, and other technology including, lost sales, without limitation, lost revenue, lost profits, or other loss of business, loss of or damage to data, or cost of the substitute services even if YourHomeHelpdesk.com has been advised of the possibility of such damages.

Electronic Communications

The information communicated on this Site constitutes an electronic communication. When you communicate with us through the Site or other forms of electronic media, such as e-mail, You are communicating with us electronically. You agree that YourHomeHelpdesk.com, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, disclosures, as well as notices agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same effect and force as if they were in writing and signed by us.

Notices and communications to YourHomeHelpdesk.com must be sent to support@yourhomehelpdesk.com.