Agreement - Scott The Tech Dr., Inc. Computer Repair

Scott The Tech Dr. Remote Support Agent

Terms of Service for Remote Support

NOTICE TO USER:
PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING ON THE “SUPPORT” LINK AT THE END OF THE TERMS YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT RECEIVE THE REMOTE SUPPORT.

This is confirmation that you have requested that Scott The Tech Dr., Inc. (herein after Scott The Tech Dr.) provide support to you which may include providing software to you and allowing Scott The Tech Dr. to access your system via remote access to analyze problems that you may be experiencing and to assist you with problem diagnosis and/or resolution. Any remote access will be done with your permission only, and Scott The Tech Dr. personnel will access only those systems authorized by you. If you do not agree to the terms of service, however, you are not authorized to use the software provided, or to receive it remotely.

1. Responsibility for service
The computer equipment owned by me requires repair service or its hardware or software configuration modified. Recommendations made by Scott The Tech Dr. for service may have been provided to me as guidance for what repairs or modifications should be made. Full and final responsibility for what repairs or modifications are to be made rests solely with me.
2. Request for service
I hereby request that Scott The Tech Dr. or any of its divisions act on my behalf to perform the services referred to above through remote desktop.
3. Billing rates for service
I agree to pay Scott The Tech Dr. the price agreed upon in our service contract, or service agreement. If no service contract or agreement is in effect, I agree to pay the minimum standard rate of service of $1.30/min, billed by the minute. 15 minute minimum. A $5.00 connection charge applies.
4. Loss of Data/Software
There is a small, but inherent risk that data and software programs left on the computer system may be damaged or lost despite taking all reasonable precautions during the repair or installation of components. Scott The Tech Dr. is not responsible for the loss of data or damage to files and assumes no liability to reload any software.
5. No warranty for service
Any warranty relating to the likely successful outcome of hardware services provided to me is denied – Scott The Tech Dr. will not be held liable for any damage to this equipment that may have existed prior to, or was the result of this service action.
6. Limited Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SCOTT THE TECH DR. , ITS AGENTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ITS SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE SCOTT THE TECH DR. SERVICES; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SCOTT THE TECH DR., INC.’S RECORDS, PROGRAMS OR SERVICES. CLIENT MAINTAINS SOLE RESPONSIBILITY FOR DATA BACKUPS AND RESTORATION. CLIENT HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT ON SCOTT THE TECH DR SERVICES.
NOTWITHSTANDING THE ABOVE, CLIENT’S EXCLUSIVE REMEDIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIONS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT WHICH CLIENT PAID DURING THE TERM OF THIS AGREEMENT AND ANY REASONABLE ATTORNEY’S FEE AND COURT COSTS.
7. Indemnification.
Client agrees that it shall defend, indemnify, save and hold Scott The Tech Dr. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Scott The Tech Dr., agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless Scott The Tech Dr. against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with Scott The Tech Dr. service, any material supplied by Client infringing on the proprietary rights of a third party or copyright infringement,.
8. Arbitration.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of Scott The Tech Dr..
9. Payment of Fees.
Unless other prior arrangements have been made by contract, payment is due at time of service. A valid credit card number is required before any service begins.
10. Severability.
If any part of the contract is found to be invalid under the governing laws, the remainder of the contract will still be intact.
11. Entire Understanding.
This contract constitutes the sole agreement between Scott The Tech Dr. and the Client. It becomes effective only when signed by both parties. This agreement shall be governed and construed in accordance with the laws of the State of Illinois.

If you agree with the terms above and wish to receive remote support, please select the following link and, if asked, click “open” or “run”.

Please do not execute this file unless asked to by Scott The Tech Dr. Support.