1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
These terms and conditions (“Terms of Service”) comprise the entire agreement between you (“Customer”) and Outfox IT Services LLC with respect to the Service.
2. DESCRIPTION OF SERVICE
The Service includes, but is not limited to, assistance with any kind of computer related device(s) (computer, printer, mobile device, smart device, etc.) with the following:
- Computer and device education
- Device installation and setup
- Software troubleshooting
- Device selection and evaluation
- Email configuration and troubleshooting
- Virus and spyware removal
- Device memory upgrade
- Software install, removal and setup
- Wireless networking
This Service does not include the provision of any software, hardware, or data recovery.
Customer shall pay for all service costs, including all applicable taxes, in full at the time of service.
4. CUSTOMER’S RESPONSIBILITY TO BACKUP DATA
Customer agrees that prior to Outfox IT Services LLC servicing any Customer equipment it is Customer’s responsibility to (1) backup 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 backup services, Outfox IT Services LLC shall not 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.
5. LIMITATIONS TO SERVICE
Outfox IT Services LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. Outfox IT Services LLC reserves 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 Outfox IT Services LLC.
Customer agrees to indemnify, defend, and hold harmless Outfox IT Services 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 Outfox IT Services 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 Outfox IT Services 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).
7. DISCLAIMER OF WARRANTIES
OUTFOX IT SERVICES 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. OUTFOX IT SERVICES 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 OUTFOX IT SERVICES 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.
8. LIMITATION OF LIABILITY
OUTFOX IT SERVICES LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM 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 OUTFOX IT SERVICES 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 backup 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 Outfox IT Services LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Outfox IT Services LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Outfox IT Services LLC. Notwithstanding any language to the contrary, Outfox IT Services LLC’s maximum liability to Customer arising from or related to Outfox IT Services LLC under this Agreement shall be limited to the sums paid by Customer to Outfox IT Services LLC under this Agreement.
These Service Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, excluding its conflict of law provisions. Customer and Outfox IT Services LLC agree to submit to the exclusive jurisdiction of the courts in Plaquemines Parish, Louisiana. 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 Outfox IT Services 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.