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Service Terms

TERMS of SERVICES

Effective 3/21/2014

These terms apply to use of any services Right-Tech Computer Solutions, LLC (RTCS) provides to You(you/your business) the Client. All of our computer and other supported technology services are collectively referred to as the "Services". By accessing, ordering or using the Services via any method including but not limited to telephone, email, in person, or online via our website, you ("You" or "Your") and other users of the Services (collectively, "Users") agree to these Terms. If You do not agree to these Terms, you may not access or use any of our Services and you should cancel all prepaid services.

Two Major sections Herein:

 

General Terms for All Services RTCS provides

Terms of Use

We provide Client with access to and use of the Services subject to Client compliance with the Terms herein. RTCS reserves the right to refuse to provide the Services to anyone at any time for any reason. You represent and warrant to us that (1) You are at least 18 years old; (2) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (3) You have read and agree to the Terms; (4) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (5) any information You submit to RTCS is correct and complete, and (6) any payment or credit card information You supply is valid.

Authorization to Access Your Computer

You acknowledge that by Your use of the Services You are authorizing RTCS to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the services, RTCS 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 RTCS 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 RTCS has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.

Data Backup and Transfers

RTCS MAY PROVIDE DATA BACKUP OR RESTORATION SERVICES DEPENDING ON CLIENT(YOUR) SERVICE REQUEST OR PREPAID PROACTIVE SERVICES. RTCS DOES NOT GUARANTEE THE DATA BACKUP OR RESTORE WILL BE 100% EFFECTIVE SINCE RTCS DOES NOT ALWAYS KNOW WHAT CLIENT ALWAYS CONSIDERS YOUR DATA AND COMPUTER MALFUNCTIONS OR USER ACTIONS THAT ARE BEYOND RTCS CONTROL COULD BE A FACTOR IN DATA LOSS. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING DATA INTEGRITY AND LOCATIONS (Primary and Backup) AND SOFTWARE STORED ON YOUR COMPUTER(s) AND STORAGE MEDIA BEFORE, DURING OR AFTER ACCESSING RTCS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT RTCS HAS NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

Service Availability

The Services may not always be available in you during the time you request the service. Onsite Services are not available in all geographic locations. The Services may not always be available due to system maintenance or Internet service disruptions or other reasons beyond RTCS control or work load.

Modifications to the Services

RTCS reserves 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(Client) or to any third party for doing so.

Exclusive Remedies, Limitation of Liability

RTCS will not be liable for any claims, actions, suits, proceedings, costs, expenses, damages or liabilities arising out of RTCS's performance. RTCS is not liable for any indirect damages. Indirect damages include, but are not limited to: data loss or salaries and wages for employees who aren't able to perform their duties because of actions by RTCS, its subcontractors, agents, servants and employees and data loss. Any action against RTCS must be brought within twelve (12) months after the alleged act of omission giving rise to the Customer’s cause of actions for damages. The remedies set forth above shall constitute Customer’s sole and exclusive remedy for damages related directly or indirectly to these Terms.

Additional Terms Information

This version of the Terms is currently effective. You should check these Terms periodically for modifications as we may modify the Terms from time to time without notice to You. By using the Services following any modifications to the Terms, You agree to be bound by such modifications. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between Client and RTCS and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and RTCS. The failure of RTCS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without the express written consent of RTCS. The Terms inure to the benefit of RTCS successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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R-Managed Technology Services Terms

R-Managed Technology Services(RMTS) is RTCS's prepaid technology Services. The General Terms above apply to these Services, plus the additional Terms below.

Activation/Setup of RMTS Services
Upon initial activation/setup of RMTS services a processing fee applies to each additional computer requested to be added to the agreement that the agent is installed on.  It is $21.75 for AV and $49.95 for RPS/RPS+S.  This fee is for the removal of old antivirus software, installation of our agent, and documentation of services including but not limited to updates, backups, restarts, etc.  

If activation finds system infections or problems then the PC cannot be added to contract as is.  It would require that the infections are fixed and major hardware/software issues are resolved to make it maintainable and have a stable, well working, and secure computer.

Minimum Computer requirements for RMTS
1) All services require a minimum of Windows Vista or higher for workstations, and Windows 2008 or higher for servers.
2) Computer hardware must be a Pentium Dual CPU or higher, 1GB of RAM or higher, and 6 years old or newer.
3) Internet connection - Broadband (DSL, 512k or faster or 3G/4G)
4) The R-ProService and R-ProService+Support require a pre-signup certification for used computers and or computers that have lapse in RMTS coverage. New computers from Right-Tech are considered pre-certified. 

Disaster Recovery System Backup
The RMTS R-ProService and R-ProService+Support includes an optional backup image service. At the Clients request or acceptance of RTCS's recommendation for his optional service, RTCS will automated full system backup to Your(Client's) external storage drive or network storage. The storage device must meet RTCS's supported devices, must be property of Client's and have at least 2 times amount of free space your computer(s) require for each backup. This automated backup requires Windows Vista, Windows 7, or Windows 2008 or higher. The backup automation includes remediation if backup script/procedure fails, however the service to resolve/install external storage device issues is not included in the base RMTS services.

RTCS also offers Backup Image (BUDR) service for Windows XP and Windows 2003 systems for an additional monthly charge. If Client elects this service, then RTCs will automated a system backup to Client's external storage drive or network storage. The storage device must meet RTCS's supported devices, must be property of Client's and have at least 2 times amount of free space your computer(s) require for each backup

Virus Removal for R-ProServices and R-ProServices+Support
In event a virus infects Your R-ProServices and R-ProServices+Support covered computer system, virus removal is covered by RTCS at no extra cost if the said system meets the follow requirements: (a). Has the latest Javascript installed and active, (b). the latest Adobe Flash is active, (c). p2p file sharing (i.e. Limewire) is NOT in used on your system, (d). illegal music, videos or other content is not downloaded on system , (e). Client must not of uninstall, removed, or disabled the RTCS Managed Antivirus software from the system or uninstall, removed, or disabled any RTCS provided AntiMalware software. Client understands some virus removals requires the system to be serviced at a designated RTCS service depot/shop with a 2-5 day turn around due to the long scan times and the fact that some viruses disable the computer's network and/or internet capability. If the system requires a clean reinstall, the Client must provide all licensing keys for Windows and all the applications You wanted reinstalled, and the downloaded software or CD/DVD media for each application may also be required.

Computer or Device Hardware and Software Repairs and Upgrades
All hardware or software added, replaced, or upgraded must be purchased by the Client or covered by the manufacture warranty or vendor service agreement. If a computer 's or device's failed hardware or software is under manufacture warranty, the part/software is supplied by manufacture on their terms. Out of warranty hardware or software for repair are typically extra cost and paid by the Client. Upgrade hardware or software are also extra cost- paid by Client. The hardware or software must be purchased through or recommend by RTCS to ensure proper part/specifications, to qualify for any of the included labor that is available under some of the RMTS service levels. The Client understands the labor for repair or upgrade is extra billable, If the system/device getting the repair or upgrade is under a RMTS service level that does NOT included the said labor.

Computer, Network, or other Device Relocation, Repurpose, Addition, or Replacement
If a computer, network, or other device needs to be physically moved by RTCS, then the labor, applicable travel, and any extra parts needed to complete the relocation is extra billable at the service agreement rate and terms.  If a computer needs to be repurposed/setup to replace another computer, then the labor, applicable travel, and parts needed to complete the repurposing is extra billable at the service agreement rates and terms.  If a new computer, network, or other device addition needs to be installed/setup as an addition or to replace an existing computer or device, then the labor, applicable travel, and parts needed to complete the addition or replacement is extra billable at the service agreement rates and terms.

Mainstream Applications Support
Some of the RMTS service levels included Service support for mainstream applications. RTCS deems mainstream applications to include: Microsoft Windows Vista or higher integrated Applications(i.e. Notepad), Microsoft Office 2003 and higher, Internet Explorer 6 and higher, Firefox 12.x and higher, Google Chrome, Acrobat Reader, or Java, and backup software: Managed Online Backup (MOB), Windows Image Backup (WIB), and Windows integrated backup. Support of said applications means installation or re-installation, updates, and application error diagnostic and fix/patch apply if vendor has readily available fix/resolution. Training, scripting, programming and all other application services, and non-mainstream application support Services are extra.

Access to computers and Performance Slow Downs
The said services on this offering requires the Client's covered computer(s) to be power on and not hibernating for at least 2 hours a day for at least 2 days a week, otherwise RTCS's cost saving automated remote services cannot be completed for best benefit to the Client. In addition, the backup service (if Client is utilizing one) will not be able to run if the computer is not powered on. In addition the automation services and reporting requires Your computers to be able to communication on the Internet. The internet connection must be high speed - at least 500kbps download, 256k upload speed. RTCS recommends you work with us on the scheduling the times for RTCS's automated services to run to prevent missed maintenance and reduce the chance of maintenance to be completed when You are using the computer for production and need maximum performance.

Cancellation, Refunds and Reinstatement Fees
RTCS or Client may cancel RMTS services at any time for any reason. If the Client has prepaid for the canceled services, any remaining future prepaid months will be refunded to Client via check to client's billing address within 30 days of cancellation date. The current month of the cancellation and past months are non-refundable. RTCS cancellation notices and acknowledgements of client cancellations will be sent to client's billing email address within 5 business days of cancellation notice/effective date. Client's non-response to phone, mail or email messages from RTCS for more then 28 days in regards to the said Service and/or our Advanced Monitoring Agent software removal from client computer will be considered client act of canceling the service on that said computer. If the client uninstalls our service software/Advanced Monitoring Agent from their computer(s), the client understands this prevents RTCS from providing the RMTS service(s), and Client agrees to reinstall the Advanced Monitoring Agent provided by RTCS within 10 days to prevent cancellation of the service. Once RMTS Service is canceled, You the Client understands a reinstatement fee may apply to restart the Service. The reinstatement fee varies depending on the computer or device type and RTCS's current reinstatement or setup fees for said computer or device.

Onsite Travel and Labor
The base RMTS Services paid on each workstation or server does not included onsite travel and labor. If the Client is in an Onsite travel zone that RTCS serves, then RTCS can provide onsite services if one or more of conditions is true: (a) Client has a RMTS agreement that includes limited onsite services; (b) Client agrees to pay for travel and/or onsite labor for the requested Service(s). The cost for travel or onsite services depends on the physical location the Client is relative to the closest RTCS service center. Please contact us for current travel or onsite labor costs that may apply to You.