RESIDENTIAL SERVICES

Terms of Service


BR1COMP TECHNICAL SUPPORT

TERMS OF SERVICE

 

 

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

 

This Br1comp Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”)

in connection with the Br1comp Technical Support Plan (the “Service”) that Customer has purchased.

These terms and conditions comprise the entire agreement between Customer and Br1comp with

respect to the Service.

 

2. DESCRIPTION OF SERVICE

 

Upon purchase of the Service, Customer shall be eligible to receive the following services via in-store,

remote, or phone support (e.g., over the phone or via the Customer’s computer with a Br1comp Agent

logged into the Customer’s computer):

 

• Software Installation

• Software assessment and removal of viruses and malware

• Certain hardware installation - Please see your local Br1comp in your nearest  location to learn which

hardware installation is included

 

• Memory installation

• Operating system installation

• Annual computer tune-up, including operating software system updates, screen cleaning, fan cleaning, and keyboard

cleaning

 

• Hard-drive data removal upon request

• Password reset

• Hard drive removal upon request

 

Service is on a per-customer basis and is limited to three (3) devices owned by the customer. The fee for

the Service is a set fee without regard to usage (i.e., once the Customer has purchased the Service, there

will be no refund of the fee even if the Customer does not use the Service thereafter). Customer must

purchase the Service in one-year increments. Training and training services are not included in the

Service, but are available at Br1comp’s standard service rate. If Br1comp is unable to successfully

complete one of the services set forth above in-store or by logging-in remotely to the Customer’s

computer, Customer may purchase a Br1comp service to address the issue at a 15% discount from the

regular service price.

 

Customer pre-requisites: The Service requires a functioning high-speed Internet connection, and up-todate

antivirus software installed on the PCs.

 

3. PAYMENT

 

If Customer would like to continue the Service after expiration of the initial Service period, Customer

agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates

in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are

nonrefundable. Br1comp may change the fees and charges then in effect, or add new fees or charges,

by giving Customer notice in advance.

 

If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of

each 12-month period, unless Br1comp terminates the subscription or Customer notifies Br1comp

of his or her decision to terminate the subscription. Br1comp will bill all charges automatically to

Customer’s credit card at the beginning of every renewal period, at the rates then in effect, unless

Customer notifies Br1comp otherwise. Br1comp will notify Customer of the pending subscription

renewal at least 30 days prior to the date the subscription is scheduled to renew, except as otherwise

required by law. Customer must cancel his or her subscription before it renews in order to avoid billing of

subscription fees for the renewal term to his or her credit card.

 

4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

 

Br1comp may change the terms and conditions of the Service from time to time. Upon any change in

the terms and conditions of the Agreement, Br1comp will notify you by posting the changes to the site

from which you purchased the Services. Br1comp reserves the right to modify or discontinue the

Service with or without notice to Customer. Br1comp shall not be liable to Customer or any third party

should Br1comp 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.

 

5. PRIVACY POLICY

 

It is Br1comp’s policy to respect the privacy of its Customers. For information on our privacy

practices, please call 817-376-7039 or review our privacy policy at

www.geeksquad.com/privacy/.

 

6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

 

Customer agrees that prior to Br1comp 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, DVD player, camcorder, digital camera and/or on any other

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 Br1comp and/or its third party service provider, neither br1comp

 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, cassettes, DVDs, film or other media.

 

7. LIMITATIONS TO SERVICE

 

Br1comp shall not be liable for any failure or delay in performance due to any cause beyond its

control. Br1comp 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 wiring or overcoming

physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond

the scope of these Service Terms, as determined by Br1comp.

 

8. INDEMNIFICATION

 

Customer agrees to indemnify, defend, and hold harmless Br1comp (and its affiliates and their

respective officers, directors, employees and agents) 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 Br1comp 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 Br1comp 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 agents).

 

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. BR1COMP 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.

BR1COMP 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 BR1COMP 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 BR1COMP
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

 

BR1COMP 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 BR1COMP 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 Br1comp shall not be responsible at any time for any loss,

alteration, or corruption of any software, data, or files. Br1comp shall not be liable

in any way for damages arising from any part, equipment, peripheral, software or other

product supplied to Customer by Br1comp. Notwithstanding any language to the

contrary, Br1comp’s maximum liability to Customer arising from or related to Br1comp

under this Agreement shall be limited to the sums paid by Customer to Br1comp

under this Agreement during the three months prior to the time the cause of

action arose.

 

11. LAWS

 

These Service Terms shall be governed by and construed in accordance with the laws of the State of

Minnesota, excluding its conflict of law provisions. Customer and Br1comp agree to submit to the

exclusive jurisdiction of the courts in Minneapolis, Minnesota. 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 Br1comp 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.

 

Last Revised- October 23, 2011


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