THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF
MY NERDS COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH MY NERDS. YOU SHOULD
READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS
AND OURS.
1.
GENERAL
These Terms of Service (the "Agreement") are entered into by and between you,
the customer (personally and/or on behalf of your employer, as applicable)
("you", "your" or "Subscriber") and Nerds, Inc.. ("Nerds, Inc.", "us" or "we"). You are
deemed to have accepted this Agreement upon the earlier of: (i) your submission
of an online or telephone request for service; (ii) your accepting the Terms of
Service electronically during registration or in the course of initiating a
support session whether online, by telephone or on-site; or (iii) your use of
the Service. This Agreement is made up of the terms below, plus the Privacy
Policy, all attachments to this Agreement, and the other policies and materials
specifically referred to in these Terms of Service, all of which are
incorporated herein by reference. The Agreement and related policies are also
set forth on the Nerds, Inc. website (mynerds.com) ("Website"). The Agreement
sets forth the terms and conditions under which you agree to use the Service,
and under which Nerds, Inc. agrees to provide the Service to you. You may also
receive a paper copy of this Agreement by email at info@mynerds.com
2. DEFINITION OF SERVICE
For purposes of this Agreement, the term "service" shall mean the Nerds, Inc.
services, including all technical support provided by Nerds, Inc. under the service
option that you have selected. The Service may be referred to as, "Online
Computer Repair", "Online Computer Repair", "Online Technical Support", "Online
Technical Support" or "Nerds, Inc.", "Online Computer Repair Services".
3. PRICING AND PAYMENTS
Nerds, Inc. fees and charges for the service you select are provided to you during
the ordering process and are available on the Nerds, Inc. web site unless otherwise
provided for in this Agreement. You agree to pay the charges applicable to your
selected service, as well as any, applicable taxes and other charges including
but not limited to initial fees. You also agree to pay any additional charges or
fees applied to your billing account for any reason, including but not limited
to, interest, and charges due to insufficient credit or insufficient funds.
3.1. Nerds, Inc. will make every reasonable attempt to troubleshoot, analyze, assess,
correct or otherwise fix your computer, network or other problem. If Nerds, Inc. is
unable to resolve your computer problem if it turns out to be hardware related,
you may still be liable for charges for time spent by Nerds, Inc. in an attempt to
correct a problem.
3.2. All payments are expected to be collected at the beginning of the Online
Computer Repair call. The technician will calculate the total amount due based
on the service fee. Upon completing the repairs, the technicians will explain to
the customer what has been done and demonstrate that the problem described by
the customer prior to the start of the repairs has been fixed.
3.3. Credit Cards are accepted as forms of payments. Credit Card payments will
be processed through online PAYPAL service.
3.4. If a technician discovers an un-foreseen computer problem which requires
additional cost to fix and the customer declines the repairs, the payment for
the original service is expected as calculated by the technician using the fixed
rate.
3.5. A diagnostic fee will sometimes be charged in advance, which will be explained to the customer as well as in this document. That fee will be credited towards any services the customer may choose afterwards.
4. WARRANTIES
4.1. There are no warranties for computer repair that involve software issues,
virus problems and spyware problems. Upon the completion of the repair, the
technician will demonstrate to the customer that the problem has been fixed. Any
subsequent calls regarding software, virus, and/or spyware related problems will
be charged as a new online service. If, for any reason whatsoever, a repair issue is still not resolved, a refund must be requested within ten days of the billed service in order to be granted.
4.2. Repair work involving hardware is not performed by Nerds, Inc. Furthermore,
Nerds, Inc. is not responsible for any damages caused by computer repair or upgrades
done by customers or other companies as a result of our suggestions.
5. LIMITATION ON LIABILITY
IN NO EVENT SHALL NERDS, INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR
DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF DATA, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS OR SERVICES AVAILABLE FROM
THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY
NERDS, INC., NERDS, INC. IS NOT RESPONSIBLE FOR ANY INJURIES SUSTAINED BY USERS BECAUSE OF OR AS A RESULT OF ANY SERVICE.
6.
BACKING UP DATA
BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE
AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY
OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO SERVICE PERFORMED ON YOUR HOME OR
BUSINESS COMPUTER. NERDS, INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT BE
RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE,
DATA OR FILES.
7.
SUBSCRIPTIONS
Nerds, Inc. offers yearly subscriptions for online service, with a yearly limit of 4 connections. This subscription service is for a single user/PC and does not include networking support for multiple PC's. This subscription includes the following services:
1. Remoting in and fixing any problems that may arise.
2. Installation and maintenance of an antivirus/firewall product.
3. Unlimited calls and emails for technical advice.
4. Initial virus removal, computer diagnostics, and tune-up.
If you have any questions please contact us at info@mynerds.com.
Nerds, Inc. reserves the right to revise, amend, or modify this Terms of Service and
our other policies and agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted on this site.