All Services offered by iSupportU are provided to you subject to the following terms and conditions.
WARNING: BACK UP YOUR DATA! IT IS YOUR RESPONSIBILITY. iSupportU is NOT responsible for the loss of any data, software or files from your computer or network. You (referred to herein as “you” or “Client”) understand and agree that prior to requesting and/or allowing iSupportU to diagnose, repair or perform any other services on your computer(s), disc(s), drive(s), peripheral(s), and/or network(s), etc. (collectively referred to herein as your “System”), it is your sole responsibility to back-up ALL data, software, information and all other files stored on your System. You acknowledge and agree that iSupportU shall not be responsible under any circumstance for any loss, alteration, or corruption of any part of your System, including but not limited to your data, software, and/or other files.
1. DEFINITIONS. (a) “ISU and its Affiliates” as used herein means iSupportU (“ISU”), and/or its respective affiliates, suppliers, owners, directors, managers, officers, employees, representatives, agents, contractors, and the like (including but not limited to any entity or individual involved in any way in the creation, production or distribution of any Services). ) (b) “Services” as used herein means all services offered now or in the future by iSupportU and its Affiliates, including but not limited to, system diagnosis, software and/or hardware installation, repair, and/or maintenance, computer backup, system optimization, virus cleaning, and similar services, including Business Services and Web Services as those terms are defined herein. (c) “Business Services” as used herein means all Services offered now or in the future by ISU arising out of and/or related to any client’s business and/or commercial venture, including but not limited to consulting, onsite support, remote support and projects, and the like. (d) “Web Services” as used herein means all Services offered now or in the future by ISU arising out of and/or related to the creation, design, maintenance, and performance of any website, and/or any web related products and/or services.
2. SERVICES, SOFTWARE, AND ACCESS. (a) General Services. Except as otherwise provided herein, iSupportU will perform all Services that you request and that iSupportU believes to be necessary to upgrade or repair your System. iSupportU will attempt to diagnose your System problem, propose a solution, and provide an estimate of the costs of such solution. In certain cases, however, problem diagnosis and support may not be available due to problems with your System or its configuration that are beyond our control or ability. In the event the problems with your System are hardware based, iSupportU will discuss the issue with you and you will determine how to repair the hardware. Diagnostic fees will still be applicable. Please note that iSupportU does not perform warranty service or repairs on any hardware that is under the manufacturer’s warranty. Deposits paid for Services are non-refundable, unless otherwise stated in writing by iSupportU. You understand and agree that proposals are only an estimate and the quoted price may increase in the event of changes in the scope of Services or unforeseen technical issues. (b) Software. In some cases the solution to your System’s problems may necessitate or be improved by additional software. If so, iSupportU may suggest that you purchase additional software downloads. In such event, iSupportU may either download and bill you directly for the software or may transfer you to a third party who will provide you with information about the software and who will collect your payment information. You acknowledge and agree that iSupportU does not warrant or make any representation about any services or software provided by any third party. (c) Access. In order to provide Services and prior to providing any Services, iSupportU must have (i) access to your residence or business and the Systems to be serviced, (ii) your consent and cooperation to enter your residence or business, (iii) a safe working environment and work space, (iv) electrical power, (v) all System passwords (including all operating system, network and all other passwords); (vi) all operating system and software discs and key codes; and (vii) any other items or conditions reasonably necessary for iSupportU to provide the Services. Please note that iSupportU frequently enables remote access for client systems.
3. SERVICE HOURS, AFTER HOUR SERVICE RATES, and TERRITORY. (a) Hours. Our normal business hours are from Monday to Saturday from 9:30 A.M. to 5:30 P.M. (b) After Hour Service Rates. All emergency, rush, and after hour work for rapid response or service outside of our normal business hours will be billed at a maximum of 2 times (double) our standard rates. (c) Territory. iSupportU prides itself in providing a sustainable solution to your IT support needs. When feasible, we use bicycle transportation to get to our clients. iSupportU’s Bicycle Service Territory is limited to Boulder City Limits or 5 miles from our offices located at 1825 Pearl Street, Boulder, CO 80302, whichever is the shorter distance (the “Territory”). If a location lies beyond iSupportU’s Territory, we may need to travel by public transportation or by car and additional costs will apply.
4. ORDERING AND PAYMENT OF SERVICES; COLLECTIONS. Services may be ordered by anyone over the age of 18 by calling 303.351.1787 and scheduling an appointment. iSupportU reserves the right to accept or decline any order and to refrain from providing any Services in its sole discretion for any reason, including that your technical needs or other requirements are beyond the scope of the Services iSupportU offers. Payment for all Services is due at the time the Services are rendered. All invoices are due upon receipt unless otherwise agreed in writing by iSupportU. Payment for any hardware or software ordered at your request is due in advance. iSupportU accepts, cash, checks, PayPal, and credit cards. There will be a $50.00 fee in the event any check is not honored. iSupportU reserves the right to suspend Services to and to retain any Client equipment in iSupportU’s possession in the event that you have an outstanding overdue balance. iSupportU charges a late fee of 10% per month, compounded, on all accounts with outstanding balances that are 30 days or more past due. If any bill is over three months past due, iSupportU reserves the right to send the account to collections and/or take any other legal action, and, in such event, you agree to pay all costs of collection, including reasonable attorney fees. iSupportU’s prices and these Terms of Service are subject to change without notice.
5. CHANGES, PRECONDITIONS, AND CANCELLATIONS. To change or cancel any appointment, you must contact iSupportU at 303.351.1787 at least 24 hours prior to the scheduled Service. If appointments are not canceled or changed at least 24 hours in advance a cancellation fee will be charged. For on-site Services, a person at least 18 years of age must be present during the entire time period Services are provided. If no adult is present when iSupportU arrives, Services will not be provided and a cancellation fee will be charged. If iSupportU determines that any preconditions (e.g., see section 2(c)) have not been met by the Client and/or if iSupportU’s ability to render Services is impaired by you and/or circumstances beyond the control of iSupportU, iSupportU may choose not to provide or to discontinue such Services and a cancellation charge will be assessed. A 30 day written notice is required to cancel all services and in some instances may require a 90 day written notice. iSupportU shall not be liable for any failure or delay in performance due to any cause beyond its control. Nothing herein is intended to, nor shall, excuse Client from payment in full for all Services performed by iSupportU.
6. WARRANTY. In servicing your System, ISUPPORTU warrants that Services will be performed in a professional and timely manner. Most Services (excluding Business Services and/or Web Services) are warranted for a period of 30 days, except that THERE IS NO WARRANTY FOR REMOVAL OF VIRUSES, SPYWARE, ADWARE OR MALWARE, AND ALL WARRANTIES ARE VOID IF YOU HAVE TAMPERED WITH OR MODIFIED THE SYSTEM AFTER SERVICES HAVE BEEN RENDERED. THIS WARRANTY DOES NOT APPLY TO ANY BUSINESS SERVICES OR WEB SERVICES PROVIDED BY ISUPPORTU. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY ISUPPORTU. If you are not satisfied with iSupportU’s Services, please call us to discuss your concerns. If there is a problem with any Service we provided that is covered by this Warranty, and you notify us within the warranty period, we will work to remedy the problem promptly.
7. LIMITATIONS OF LIABILITY. EXCEPT AS EXPLICITLY PROVIDED HEREIN, ISUPPORTU MAKES NO REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ITS WORK, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY IS PROVIDED ON ANY APPLICATIONS, GOODS, LINKS, AND/OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY APPLICATIONS, GOODS, LINKS, AND/OR SERVICES PROVIDED ON OR BY GOOGLE APPS, WORDPRESS, WORDPRESS THEMES, OR WORDPRESS PLUGINS. WEB HOSTS, DOMAIN REGISTRARS, OR ANY SIMILAR OR RELATED PRODUCTS OR SERVICES. ISUPPORTU IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR CONTENT FROM ANY FAULTY PLUGINS, WORDPRESS FAILINGS, FILE CORRUPTION, FOR ANY SECURITY RISK RELATED TO WEBSITE HACKING, OR ANY APPLICATIONS, GOODS, LINKS, AND/OR SERVICES PROVIDED BY ANY THIRD PARTIES.
UNDER NO CIRCUMSTANCES (INCLUDING OUR NEGLIGENCE) AND IN NO EVENT, SHALL ISU AND/OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES OR ANY OTHER DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE PROVISION OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO ANY: (1) LOSS OF ANY PROFITS, (2) USE OF OR INABILITY TO USE ISUPPORTU’S SERVICES, (3) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR OTHER LOSS OF FILES OR DATA, (4) ERRORS, DEFECTS, DELAYS IN OPERATION AND/OR IN PERFORMANCE OF YOUR WEBSITE OR ANY HARDWARE OR SOFTWARE, (5) USE OR PERFORMANCE OF MATERIALS AVAILABLE FROM YOUR WEBSITE, ISUPPORTU’S WEBSITE OR ANY LINKED WEBSITE, AND/OR (6) ANY APPLICATIONS, GOODS, LINKS, AND/OR SERVICES PROVIDED BY ANY THIRD PARTIES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY ISUPPORTU.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ISUPPORTU’S TOTAL LIABILITY FOR DAMAGES RELATED TO ITS SERVICES IS LIMITED TO THE TOTAL AMOUNT YOU PAY FOR THE SERVICES RENDERED BY ISUPPORTU. ISUPPORTU IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES OR FOR YOUR INABILITY TO USE YOUR SYSTEM, COMPUTER EQUIPMENT, CONTENT, OR OTHER PRODUCT SERVICED BY ISUPPORTU. ISUPPORTU IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO FORCE MAJEURE OR ACTS OF NATURE, COMMUNICATION OR INTERNET CONNECTION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ISUPPORTU’S OR YOUR HARDWARE, SOFTWARE, RECORDS PROGRAMS OR SERVICES.
8. INDEMNIFICATION. You agree that you are solely responsible for complying with all laws, taxes, and tariffs, and will hold harmless, protect, and defend ISU and its Affiliates from any claim, suit, penalty, tax, or tariff arising from or related to your use of the Internet or any electronic commerce. In addition, as partial consideration for iSupportU’s providing Services, you agree to hold ISU and its Affiliates harmless from any and all damages, costs, and expenses (including attorney fees) incurred as the result of any defect or damage to your System and to any software or data residing or recorded in your System, whether incurred during the course of iSupportU’s Services or otherwise. If any Service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, you authorize iSupportU to transfer the information and accept such terms on your behalf in performing such Service, and you indemnify and hold iSupportU harmless from any damages or liability that it incurs related to such software.
9. TITLE; EQUIPMENT ABANDONMENT. All goods provided by iSupportU shall remain the property of iSupportU until paid for in full. It is your responsibility to pick up any hardware or other equipment from iSupportU within 90 days of notice from iSupportU. Any equipment left longer than 90 days will become the property of iSupportU and may be disposed of at our sole discretion.
10. PRIVACY. iSupportU adheres to industry standard practices for keeping our clients’ data secure. Employees of iSupportU sign confidentiality agreements to ensure they maintain privacy while dealing with client data.
11. WEBSITE SERVICES (a) Client Responsibilities and Maintenance. You are solely responsible for keeping WordPress software and plug-ins up-to-date. We recommend that you enter into a Backup and Security plan with iSupportU. You are solely responsible for continuing service with all providers to ensure your website’s uptime and functionality. You are solely responsible for updating and backing up your website unless subscribed to an ongoing maintenance plan through iSupportU. You understand and agree that additional fees will be charged to reinstate websites built by iSupportU. (b) Website Projects. In order to begin any website project (the “Project”), a deposit is required. Deposits paid for Projects are non-refundable. You understand and agree that proposals are only an estimate and the quoted price may increase in the event of changes to the scope of the Project or unforeseen technical issues. At the start of a project, both iSupportU and the Client will agree upon a project schedule. Web work will be billed hourly on a monthly basis on work completed. Clients are responsible for providing all materials and content necessary for completion of Project by agreed-upon deadlines; If Client does not provide the necessary materials, iSupportU will stop work on the project until needed materials are received. If during the Project, Client chooses to have iSupportU vary from the original Project scope as set forth in the estimate, any non-packaged services will be billed at the hourly rate. If monthly final payments areis not made, iSupportU may deny full administrator access to the website or remove the website from online status. Client represents and warrants that Client has all legal rights either through ownership, assignment, license, or by written permission from the owner, to use any and all text, graphics, photos, designs, trademarks or other artwork provided by Client to iSupportU to be used in the Project. Use of third party elements or content may require a statement on the website acknowledging the source of the content. iSupportU reserves the right to use completed website as a sample of work in print or through a screenshot and website link. You agree that iSupportU may at its own discretion add a reference and inbound link to its own website as a credit.
12. LAW, JURISDICTION & VENUE. These Terms of Service shall be governed by and enforced in accordance with, the domestic laws of the State of Colorado without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than the State of Colorado, irrespective of the fact that any one of the parties now is or may become a resident of a different state or nation. All disputes arising out or in connection with the services rendered by iSupportU, if not settled amicably between the parties within thirty (30) days of notification of such dispute shall be mediated. If mediation is unsuccessful the parties may begin litigation. Each of the parties submits to the jurisdiction of any state or federal court sitting in Boulder or Denver, Colorado, in any action or proceeding arising out of or relating to the Services provided by iSupportU and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each of the parties hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.
Any questions, please contact iSupportU.