StartOnMacsm TECHNICAL SUPPORT TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This StartOnMac Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the StartOnMac Technical Support Plan (the “Service”) that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and StartOnMac with respect to the Service.
2. DESCRIPTION OF INDIVIDUAL SERVICE (One-time sessions)
Upon purchase of an individual Service, Customer shall be eligible to receive one of the following services via remote, and/or phone support (e.g., over the phone or via the Customer’s computer with a StartOnMac Care Expert logged into the Customer’s computer):
- Training on basic functions and navigation
- Data migration from old PC to Mac computer
- Software installation, assessment and/or removal, including Operating system installation and/or updates
- Peripheral installation (Remote Assistance, includes network router set up)
- Virus and privacy protection advice, as well as automated Data Back-up set up
- Assistance with relevant same-brand devices, including email set up and data sync.
- Troubleshooting session
If StartOnMac is unable to successfully complete one of the services set forth above by logging-in remotely to the Customer’s computer, and after committing to a resolution based on the initial assessment, a full refund of the value of the individual service will be issued to customer. Hardware repairs are excluded, as StartOnMac does not provide this service.
3. DESCRIPTION OF SUBSCRIPTION SERVICE
StartOnMac Subscription Service, provides customer with unlimited access to all services described above, except “Learn you Mac” training, which is limited to one session per registered customer, for the life of the subscription.
Subscription Service is on a per-customer basis and is limited to two devices owned by the customer.
On a session under the Subscription Service, if StartOnMac is unable to successfully complete one of the services set forth above by logging-in remotely to the Customer’s computer, and after committing to a resolution based on the initial assessment, a refund of the value of up to one month subscription may be issued to customer at the discretion of Startonmac. Hardware repairs are excluded, as StartOnMac does not provide this service.
The fee for the Subscription Service is a one-time subscription set up fee of $34.95, and a set monthly fee of $12.95. These fees are without regard to usage (i.e., once the Customer has subscribed to the Service, there will be no refund of the fee even if the Customer does not use the Service thereafter). Customer must pay a subscription set up fee, and pay for the Subscription Service in one-month increments from date of subscription. These will be automatic charges from StartOnMac, to customer’s credit card. Customer can cancel at any time, and will receive a prorated refund of the value of the remainder of the 30-day coverage, taking cancellation date as reference. If cancellation occurs in less than 30 days after subscription starts, no refund will be issued.
Unless stated in writing otherwise, all fees and charges are nonrefundable. StartOnMac may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
StartOnMac may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, StartOnMac will notify you by posting the changes to the site from which you purchased the Services. StartOnMac reserves the right to modify or discontinue the Service with or without notice to Customer. StartOnMac shall not be liable to Customer or any third party should StartOnMac exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
It is StartOnMac’s policy to respect the privacy of its Customers.
6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to StartOnMac servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, and/or on any other related electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from StartOnMac and/or its third party service provider, neither StartOnMac 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, videotapes, compact disks, floppy disks, laser disks, DVDs, or other media.
7. LIMITATIONS TO SERVICE
StartOnMac shall not be liable for any failure or delay in performance due to any cause beyond its control. StartOnMac 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 (including technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by StartOnMac.
Customer agrees to indemnify, defend, and hold harmless StartOnMac (and its affiliates and their respective officers, directors, employees and Care Experts) 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 StartOnMac 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 StartOnMac 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 Experts).
9. 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. StartOnMac 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. StartOnMac 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 StartOnMac 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 StartOnMac 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.
10. LIMITATION OF LIABILITY
StartOnMac 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 StartOnMac 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 StartOnMac shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. StartOnMac shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by StartOnMac. Notwithstanding any language to the contrary, StartOnMac’s maximum liability to Customer arising from or related to StartOnMac under this Agreement shall be limited to the sums paid by Customer to StartOnMac under this Agreement during the three months prior to the time the cause of action arose.
These Service Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. Customer and StartOnMac agree to submit to the exclusive jurisdiction of the courts in San Jose, California. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) 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 StartOnMac 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.