Technical Support Terms and Conditions

REDORUM LLC TECHNICAL SUPPORT TERMS OF SERVICE

 

1.   ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

This RedOrum Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the RedOrum Technical Support service (the “Service”) that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and RedOrum LLC with respect to the Service.

2.   DESCRIPTION OF SERVICE

Upon purchase of the support Service, Customer shall be eligible to receive the following services via, office drop off, remote, or phone support (e.g., over the phone or via the Customer’s computer with a RedOrum Agent logged into the Customer’s computer):

  • Software Installation
  • Software assessment and removal of viruses and malware
  • Annual computer tune-up, including operating software system updates, screen cleaning, fan cleaning, and keyboard cleaning

Service dropped off at RedOrum’s office to be (most estimate to be completed within 72 hours or 3 business days or otherwise communicated) worked on:

  • Software Installation
  • Software assessment and removal of viruses and malware
  • Certain hardware installation  (determined at the time of drop off)
  • 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 recovery (drop off only)

Service is on a per-customer basis and is limited to eligible devices owned by the Customer. Eligible devices include PCs (including notebooks, laptops, and desktops) and tablets.  Phones/mobile handsets are not eligible devices.

The fee for the Service is the current fee per hour rate with an initial one hour fee deposit.  If RedOrum is unable to successfully complete one of the services set forth above by office drop off or by logging-in remotely to the Customer’s computer, Customer may address the issue by writing to support@nullredorum.com with a copy of your service document for resolution.

Customer pre-requisites: The Service requires a functioning high-speed Internet connection for remote support.

3.   PAYMENT

Payment is due upon completion of the Service.

RedOrum LLC accepts Checks, E-check, Visa, MasterCard, Discover, American Express or PayPal.  A Credit Card Authorization Form will be required to process payment.  RedOrum invoices and receipts are exclusively via e-mail and does not send out invoices or receipts via postal services.  It is the Customer’s responsibility to ensure proper e-mail addresses are used for billing.  RedOrum is not responsible for bounce e-mails, invoices, receipts or overdue invoices not reaching the customer.  The Customer and or ‘Invoiced To’ agrees that RedOrum has the right to request and receive accelerated payments if account balances exceed credit limits, the account is in default due to delinquent payments, or a negotiable instrument (check) is tendered as payment that does not clear the bank for any reason whatsoever.  (A $35.00 fee is assessed for each returned check.) Certain items invoiced are subject to California State Environmental Fee (SB20).  Under the current law and regulations, certain products will be subject to this fee and it will appear on the invoice.  For updated information regarding Electronic Waste Recycling Act of 2003, visit: http://www.ciwmb.ca.gov/electronics/act2003/ or contact info@nullredorum.com.


4.   MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

RedOrum LLC may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, RedOrum LLC will notify you by posting the changes to the site from which you purchased the Services. RedOrum LLC reserves the right to modify or discontinue the Service with or without notice to Customer. RedOrum LLC shall not be liable to Customer or any third party should RedOrum LLC 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 RedOrum LLC’s policy to respect the privacy of its Customers. For information on our privacy practices, please review our privacy policy at http://www.redorum.com/about/privacy-policy/.

6.   CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA AND HAVE SOFTWARE LICENSE

Customer agrees that prior to RedOrum LLC 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 RedOrum LLC and/or its third party service provider, neither RedOrum LLC 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.

Customer is responsible to provide all legally owned software and provide serial numbers, keys, and all other registration information that is required to install or activate Customer’s software.

7.   LIMITATIONS TO SERVICE

RedOrum LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. RedOrum LLC 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 RedOrum LLC.

8.   INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless RedOrum LLC (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 RedOrum LLC 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 RedOrum LLC 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. REDORUM LLC 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. REDORUM LLC 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 REDORUM LLC 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 REDORUM LLC 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

REDORUM LLC 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 REDORUM LLC 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 RedOrum LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. RedOrum LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by RedOrum LLC. Notwithstanding any language to the contrary, RedOrum LLC’s maximum liability to Customer arising from or related to RedOrum LLC under this Agreement shall be limited to the sums paid by Customer to RedOrum LLC 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 California, excluding its conflict of law provisions. Customer and RedOrum LLC agree to submit to the exclusive jurisdiction of the courts in San Diego, 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 RedOrum LLC 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.

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