Last updated June 8, 2008
This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and Elite Pro Services. (“Elite Pro Services”). Your access to the Site (defined below) and technical support service providers who are accessible though the Site (“Technicians”) is governed only by the policies, terms and conditions below. For convenience, we refer to the EliteProServices.com website and any content therein provided by Elite Pro Services as the “Site”, we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your Elite Pro Services account with the Technicians as “remote support” and we refer to any technical support services you may receive from a Technician related to your Elite Pro Services account or the Site, (including remote support and in-home visits) and their listings on the Site as “Support Services.”
This Agreement limits Elite Pro Services’s liability and obligations to you and allows Elite Pro Services to change, suspend or terminate your access to and use of the Site, remote support, your Elite Pro Services account and Support Services in its sole discretion. We urge you to carefully read this Agreement and all policies referenced herein or elsewhere on the Site, which are incorporated herein by reference and form part of this Agreement.
YOU UNDERSTAND THAT BY PURCHASING SERVICES FROM ELITE PRO SERVICES, BY USING THE SITE, ANY SUPPORT SERVICES, YOUR ELITE PRO SERVICES ACCOUNT OR BY HAVING ANY FORM OF COMMUNICATION WITH A TECHNICIAN, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SUPPORT SERVICES.
1. Eligibility; Limitations on Service
The Site and Support Services are only available to persons who are at least eighteen (18) years old (an “Adult”). Elite Pro Services acts only as an interface to facilitate communications between Technicians and Customers and to collect Fees (defined below) from Customers on behalf of Technicians and Elite Pro Services is not a party to any relationship or separate agreement entered into between Customers and Technicians and disclaims any and all liability relating thereto. Technicians are not employees, agents or contractors of Elite Pro Services. ELITE PRO SERVICES MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE AND ELITE PRO SERVICES SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY ELITE PRO SERVICES AS DETERMINED BY ELITE PRO SERVICES IN ITS SOLE DISCRETION.
a. Desktop Sharing Services
A Technician may request that a desktop sharing session be initiated in order to provide Support Services to you. To engage in a desktop sharing session you will have to:
(i) download and install a desktop sharing software application (“Remote Software”) subject to the terms and conditions of the software license agreement of the provider; and
(ii) provide the Technician access to your computer using the Remote Software. You must agree to allow access to your computer to enable the Technician to provide you with Support Services. If you do not, the Technician will not be able to provide you with the Technician Service in question. THE REMOTE SOFTWARE IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE REMOTE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE REMOTE SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF, SOLELY TO PARTAKE OF AND ENJOY THE SUPPORT SERVICES REQUESTED BY YOU.
b. In-Home Visits
After an initial remote support service session with a Technician, you and a Technician may agree to have an in-home visit to address your service needs. For in-home visits, an Adult must be present during the entire period Support Services are provided. If an Adult is not present when the Technician arrives to the designated address, the provision of Support Services may be denied and a cancellation fee may apply. In-Home visits are not included with the Technican Service. In-Home visits may not be available in your area. In-Home visits may not be available at all times.
c. Minimum System Requirements for Support Services
To partake of Support Services you must have a properly licensed and functional computer meeting the minimum requirements described below.
Customer agrees not use the computer for tasks unrelated to Support Services while it is being serviced remotely.
Customer Agrees not to place heavy traffic on the connection being used to perform Remote Services, including traffic from other networked computers.
Service may not be available immediately upon purchase. Your order should be addressed by our technician within 24 hours.
2. Elite Pro Services Accounts and Use of the Site
a. When you purchase services from Elite Pro Services, you must:
(i) provide Elite Pro Services with accurate and complete information, including without limitation, your name, address, telephone number, and email address; and
(ii) Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. We encourage you to read our Privacy Policy at www.EliteProServices.com/privacy.htm for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Customers.
b. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Elite Pro Services account, whether or not you have authorized such activities or actions. You agree to notify Elite Pro Services of any unauthorized use of your Elite Pro Services account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify Elite Pro Services immediately so that a new username or password can be created.
c. You agree that you will not permit, enable, introduce or facilitate
(i) persons who do not have a Elite Pro Services account to have access to or use of the Support Services; and
(ii) other Customers to use a specific Support Service through your Elite Pro Services account, including at the same time that you are doing so.
3. Transaction Fees and Billing
Elite Pro Service's Payment Policy is available on the Site.
4. Termination or Suspension of the Site & Modification of the this Agreement
a. Elite Pro Services reserves the right, in its sole discretion to modify, discontinue or terminate the Site or service or to modify or terminate this Agreement at any time without advance notice. If we modify this Agreement (or any policies incorporated herein) we will give you notice of the new terms. If any modification to the Site, services or this Agreement is not acceptable to you, your only recourse is to cease using the Site and any Support Services. Your use of the Site or any Support Services after we have provided such notice will represent your acceptance of the new terms.
b. Without limiting other remedies, Elite Pro Services may at any time suspend or terminate your Elite Pro Services account and refuse to provide access to the Site or Support Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by Elite Pro Services. In addition, Elite Pro Services may notify the proper institution and/or authorities or take any actions it deems appropriate without notice to you:
(i) if Elite Pro Services suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by Elite Pro Services;
(ii) if Elite Pro Services is unable to verify or authenticate any billing or payment information you provide to Elite Pro Services; or
(iii) if Elite Pro Services suspects that your actions may be illegal or cause liability, harm or disruption for you, Technicians, Elite Pro Services, other Customers, the Site or any other third parties.
c. You may cancel your Elite Pro Services account or purchase at anytime for any reason. To request a cancellation, please email the Technician. Any account cancellation request will be handled within fifteen (24) hours of receipt of such a request by Elite Pro Services. Upon termination or cancellation of an account, your right to use such account and any Support Services ceases immediately. d. Any suspension, termination or cancellation will not affect your obligation to pay any amounts that are due to Technicians or any of your other obligations to Elite Pro Services under this Agreement . The following provisions will survive any termination of this Agreement or suspension or cancellation of your account: 2, 5(d), 8(b), 9 through 13, 15, 16 and 18.
5. Compliance Review
a. Elite Pro Services reserves the right to review and/or record remote support exchanges and communications, in accordance with applicable law, in order to evaluate compliance with this Agreement.
6. Additional Customer Obligations
The Site and Support Services may only be used and accessed for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Site and use of Support Services. In addition, without limitation, you agree to comply with the following:
a. You are solely responsible for all equipment necessary to access and use the Site and Support Services. You understand and agree that prior to your use of any Support Services it is your responsibility to back-up the data, software, information or other files stored on your computer, its disks and drives. Elite Pro Services will not be responsible under any circumstances for any loss or corruption of data and software.
b. You will not record or otherwise store any Support Service sessions that you receive through the Site or those that are related to your Elite Pro Services account. Elite Pro Services and or the Technicians may however record these sessions, in compliance with applicable law.
c. You will not use the Site or Support Services to upload, post, email or otherwise transmit any materials or content that contain software viruses or any other computer code, files or programs designed to
(i) interrupt, destroy or limit the functionality of any computer software; or
(ii) interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or Denial of Service attacks against the Site.
d. You will not use the Site or Support Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of Elite Pro Services.
e. You will not create obscene, offensive, tasteless, defamatory or hateful screen names, or use such obscene, offensive, tasteless, defamatory or hateful content on the Site or in connection with your use of Support Services.
f. You will not use the Site or Support Services in any manner that harasses a Technician or another Customer or could interfere with any other party’s use or enjoyment of the Site and Support Services. You will respect the privacy of others and not use the Site or Support Services for unwelcome, rude or abusive communications or in any other manner as determined by Elite Pro Services in its sole discretion.
g. You will not attempt to gain unauthorized access to any Elite Pro Services account information, computer systems or networks associated with the Site. You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
h. You will not "frame," "mirror" or otherwise copy any portion of the Site.
i. You will not use the Site or Support Services to transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitation for employees, consultants, or contractors for participation on other websites.
j. You will not take any actions which may undermine the Customer comment system used to solicit feedback and comments from Customers, including, without limitation, using secondary Customer names or third parties or leaving negative comments if a Technician fails to perform some action that is outside the scope of the services described in his or her Expert listing, or for another untruthful or malicious reason.
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Elite Pro Services services.
l. You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and Elite Pro Services policies.
7. Customer Comments & Feedback
a. Customer Comments
At the end of each session with a Technician, you have the opportunity to leave feedback and make comments about your experience with the Technicians with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. Elite Pro Services advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you may not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. Elite Pro Services does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto. Notwithstanding the foregoing, Elite Pro Services does reserve the right, in its sole discretion, to remove any Customer Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement.
b. Feedback
We invite you to provide Elite Pro Services with feedback, comments and suggestions for improvements to the Site and Support Services (collectively, “Feedback”). You may submit Feedback by filing out a feedback form made available on the Site. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of Elite Pro Services. You hereby assign to Elite Pro Services and agree to assign to Elite Pro Services all of your right, title and interest in and to all Customer Comments and Feedback, including all intellectual property rights therein. At Elite Pro Services’s request and expense, you will execute documents and take such further acts as Elite Pro Services may reasonably request to assist Elite Pro Services to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
8. Proprietary Rights and Ownership
Elite Pro Services and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Elite Pro Services technology and the trademarks, service marks and logos contained therein (“Elite Pro Services Properties”). Elite Pro Services reserves all rights in the Elite Pro Services Properties not expressly granted to you in this Agreement.
9. Confidentiality
“Confidential Information” means:
a. Any Feedback that you provide to Elite Pro Services; and
b. Any Elite Pro Services business or technical information that is disclosed to you in connection with this Agreement.
Confidential Information excludes any information that:
(i) is or becomes generally known to the public other than as a result of your breach of this Agreement;
(ii) is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
(iii) is independently developed by you, without access to or use of any Confidential Information; or
(iv) is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure. You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement.
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ELITE PRO SERVICES, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR SUPPORT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF ELITE PRO SERVICES) INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, ELITE PRO SERVICES WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
11. Warranties and Disclaimer
AS BETWEEN YOU AND ELITE PRO SERVICES, THE SITE AND ANY SUPPORT SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. ELITE PRO SERVICES AND SUPPLIERS TO ELITE PRO SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SUPPORT SERVICES AND ALL COMMUNICATIONS BETWEEN TECHNICIANS AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, ELITE PRO SERVICES MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ELITE PRO SERVICES OR SUPPLIERS TO ELITE PRO SERVICES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR SUPPORT SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR INJURY OR DAMAGES RESULTING FROM USE OF THE SUPPORT SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH A TECHNICIAN IN PERSON, WHETHER OR NOT ELITE PRO SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELITE PRO SERVICES AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND SUPPORT SERVICES PROVIDED TO YOU WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY ELITE PRO SERVICES UNDER THIS AGREEMENT (AFTER PAYMENTS TO THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. ELITE PRO SERVICES WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF SUPPORT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Copyrighted Materials: No Unauthorized Use
You will not use the Site or Support Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Elite Pro Services has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Elite Pro Services Copyright Policy for further information.
14. Force Majeure
Elite Pro Services will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the Elite Pro Services infrastructure or connectivity to the Internet or failure at a Elite Pro Services co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Elite Pro Services will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
15. Notice; Consent to Electronic Notice
You consent to the use of:
a. Electronic means to complete this Agreement, to use the Site and Support Services and to deliver to you any notices pursuant to this Agreement, and
b. Electronic records to store information related to this Agreement or your use of the Site and Support Services. Any notice or other communication to be given hereunder will be in writing and given:
a. By Elite Pro Services via email (in each case to the address that you provide).
b. By Elite Pro Services via a posting on the Site or
c. By you via our Feedback Form or to addresses as Elite Pro Services may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site and Support Services by sending a written request to Elite Pro Services using the Feedback Form.
16. Links to other Websites
The Site may provide links to websites other than Elite Pro Services. Such links are provided for reference only, and Elite Pro Services neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
17. Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Elite Pro Services and any prohibited assignment will be null and void. Elite Pro Services may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Oklahoma excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Oklahoma and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and Elite Pro Services’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Elite Pro Services. This Agreement together with the rules and policies of Elite Pro Services constitutes the entire agreement between Elite Pro Services and you with respect to the subject matter hereof.
Copyright © 2009, 2010 Elite Pro Services