These Terms and Conditions (“Terms and Conditions”) state important requirements regarding your use of Remote Computer Repairs’ computer support service and your relationship with Remote Computer Repairs. You should read them carefully as they contain important information and instructions pertaining to your and our rights and obligations for the Remote Computer Repairs service.

Agreement

These Terms and Conditions, together with each accepted plan order submitted by you, any additional terms mentioned for your plan, order, and the privacy policy, state the entire agreement between you and Remote Computer Repairs, (the Agreement). You must agree to the Terms and Conditions in order to be eligible to use the Remote Computer Repairs Portal (defined below), or obtain Services (defined below). If you choose not to submit a Plan Order, then the entire “Agreement” between you and Remote Computer Repairs consists of these Terms and Conditions, and any additional terms mentioned for your plan order and the Privacy Policy will be null and void.

Definitions

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

You

“You” means you individually, any person, including any employer that you are acting on behalf of.

Remote Computer Repairs

“Remote Computer Repairs” is the service mark of Remote Computer Repairs. All references to Remote Computer Repairs refer to Remote Computer Repairs as a whole.

Services and Remote Computer Repairs Website

All references to “Services” refer to any Remote Computer Repairs service plan that you enter into with Remote Computer Repairs through use of the Remote Computer Repairs website, located at www.youritengineer.com, or by calling the Remote Computer Repairs phone number mentioned on the website. These Terms and Conditions govern all plans available through the Remote Computer Repairs website, and any use of the Remote Computer Repairs Website. In the event of any conflict these Terms and Conditions control any Plan or Order form that you submit requesting Services.

Materials

“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Remote Computer Repairs website, are the property and copyrighted work of Remote Computer Repairs and/or its suppliers. The definition of “Materials” does not include the design or layout of the Remote Computer Repairs website, or any other Remote Computer Repairs owned, operated, or controlled site.

Software

“Software” means a computer program of any kind, whether owned by Remote Computer Repairs or a third party, whether delivered via download, CD media, or any other delivery method, including client and/or network security software. Elements of the software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Remote Computer Repair’s software and third-party software.

Submission of Plan Orders or Service Plans

You may order Services by submitting Plan Orders through the Remote Computer Repairs Website or by calling Remote Computer Repairs. Remote Computer Repairs is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Remote Computer Repairs of a Plan Order, you will have a Service Plan.

Undertaking

Subject to the Terms and Conditions, and other terms specific to each Service Plan, Remote Computer Repairs will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Remote Computer Repairs will attempt problem diagnosis and a solution over the telephone, through chat, email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to Remote Computer Repairs’ Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 01425 688196.

Payment

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Remote Computer Repairs has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

Privacy Policy

The Remote Computer Repairs Privacy Policy which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the Remote Computer Repairs Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Remote Computer Repairs over the telephone, electronically or otherwise, is not confidential or proprietary to you.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

No Unlawful or Prohibited Use

As a condition of your use of the Remote Computer Repairs Website or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Remote Computer Repairs server, or the network(s) connected to any Remote Computer Repairs server, or interfere with any other party’s use and enjoyment of any of the Remote Computer Repairs Website, the Materials, Software or Services. You may not attempt to gain unauthorised access to any Remote Computer Repairs Website, the Materials, Software or Services, other accounts, computer systems or networks connected to any Remote Computer Repairs server or to any of the Remote Computer Repairs Website, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Remote Computer Repairs Website, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

Fair Usage Policy, Suspension or Termination of Subscription

Though Remote Computer Repairs has no limits on the amount of telephone or online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription-based plans are subject to Remote Computer Repairs’ “fair use” policy. Under this policy, if at any time, in Remote Computer Repairs’ sole discretion, a subscription-based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription Plan for individual use, then Remote Computer Repairs reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Remote Computer Repairs reserves the right to suspend or terminate any Subscription Services of any Subscriber that Remote Computer Repairs, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. The User may terminate the Service at any time by giving written or electronic notice to Remote Computer Repairs; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

Use Of Communication Services

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, service, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading Remote Computer Repairs or others.
• Use, download or otherwise copy, or provide (whether for a fee or not) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

Remote Computer Repairs has no obligation to monitor the Communication Services. However, Remote Computer Repairs reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Remote Computer Repairs reserves the right to terminate your access to any or all the Communication Services at any time, without notice, for any reason whatsoever.

Remote Computer Repairs always reserves the right to disclose any information as Remote Computer Repairs deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Remote Computer Repairs’ s sole discretion.

Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Linking

You may not create hyperlinks to any portion of the Remote Computer Repairs Website, nor any Materials or Software posted therein.

Indemnity

You agree to indemnify, defend, and hold Remote Computer Repairs, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Remote Computer Repairs’ defence of any claim. Remote Computer Repairs reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any matter without the written consent of Remote Computer Repairs. You agree immediately to notify Remote Computer Repairs of any unauthorized use of your account, or any other breach of security known to you.

Guests, Limited License to the Use of Remote Computer Repairs’ Website

If you are not currently subscribed for a Service under a valid Plan Order, then you are regarded as a “Guest”. Usage of the Remote Computer Repairs Website by current Remote Computer Repairs customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.

As a Guest you may use the Remote Computer Repairs Website and Materials (defined below) specifically designated as available to guests on the Remote Computer Repairs Website for the limited purposes of (a) deciding whether to subscribe to the Services provided by Remote Computer Repairs, (b) submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

Communications Services

Remote Computer Repairs may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Remote Computer Repairs’ employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

Limited Licenses to use the Remote Computer Repairs’ Website, Materials and Software

As permitted through a Service, you may use Materials and Software (as defined below) posted on the Remote Computer Repairs Website or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

General License Restrictions

Any other use of the Remote Computer Repairs Website, Services, Materials or Software, other than as explicitly permitted by Remote Computer Repairs is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Remote Computer Repairs and its suppliers. Reverse engineering and decomplication of the Software are strictly prohibited.

User Responsibility

In connection with obtaining Services, you agree that you will:

• Co-operate with the Remote Computer Repairs Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
• The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals.
• You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident.
• The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Remote Computer Repairs support personnel.
• Software/Data Backup: You understand and agree that Remote Computer Repairs shall under no circumstance be responsible for any lost or corrupted software or data. Remote Computer Repairs strongly recommends that you always maintain a complete data backup and disaster recovery plan.
• Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for all activities that occur under your account. You agree to notify Remote Computer Repairs immediately of any unauthorised use of your account or any other breach of security. Remote Computer Repairs will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Remote Computer Repairs or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Availability of Services and Materials Under Force Majeure Circumstances

You hereby acknowledge that circumstances outside of Remote Computer Repairs’ reasonable control (e.g., acts of God, a large-scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Remote Computer Repairs’ ability to schedule a support session. You hereby release Remote Computer Repairs from all liability and agree that Remote Computer Repairs shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

Remote Computer Repairs or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability to perform maintenance activities and to maintain session control.

Exclusions From Services

Services shall not include the following:

• Any item or activity not covered by the terms of a Plan Order.
• Service beyond the duration limitations identified in your Plan Order.
• Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control.
• Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan.

Problems that may and do result from:

• External causes such as accident, abuse, misuse, or problems with electrical power.
• Usage that is not in accordance with product instructions provided by manufacture.
• Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance, or
• Problems caused by using accessories, parts, or components not compatible with the product.
• Non-Compliance with the Remote Computer Repairs technician instructions for resolving the query.

Notice Specific to Materials and Software available on and through the Remote Computer Repairs’ website, or through a Service.

For your convenience, Remote Computer Repairs may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.

The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound, or image from any Remote Computer Repairs website may be copied or retransmitted unless expressly permitted by Remote Computer Repairs.

Without limiting the foregoing, copying or reproduction of the Materials or Software to any other server or location for further reproduction, redistribution, or any other purpose, is expressly prohibited. Unless such reproduction or redistribution is expressly permitted by the EULA accompanying such Material or Software.

End User License Agreements (EULA) – Generally

In connection with our Service, we may provide to you, the use of certain software which is owned by Remote Computer Repairs or its third-party licensors, and suppliers. We as well as the third-party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

The Software may be accompanied by a EULA from Remote Computer Repairs or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA For Remote Computer Repairs Software

Regarding any Software made available to you by Remote Computer Repairs through the Remote Computer Repairs website for which your acceptance of a separate license agreement is not required (“Remote Computer Repairs Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Remote Computer Repairs to use the Remote Computer Repairs Software (any corrections, updates and upgrades).

In accordance with and as required under the Service Plan you shall not make any copies of the Remote Computer Repairs Software.

You agree that the Remote Computer Repairs Software is the confidential and proprietary information of Remote Computer Repairs or its third-party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein.

You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Remote Computer Repairs Software, or otherwise reduce the Remote Computer Repairs Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense, or distribute copies of the Software, or otherwise transfer the Remote Computer Repairs Software to any third party.

You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software.

You are not granted any title or rights of ownership in the Remote Computer Repairs Software.

You acknowledge that this license is not a sale of intellectual property and that Remote Computer Repairs, or its third-party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Remote Computer Repairs Software and related documentation, as well as any corrections, updates and upgrades.

The Remote Computer Repairs Software may be used in the United Kingdom only, and any export of the Remote Computer Repairs Software is strictly prohibited.

Third Party Software

As part of the Services, Remote Computer Repairs may suggest that you acquire, install and use certain third-party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third-Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Remote Computer Repairs assists you in the acquisition, installation, and/or use of Third-Party Software. Remote Computer Repairs has no rights to the Third-Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third-Party Software.

Your license to the Remote Computer Repairs Software shall remain in full force and effect unless and until terminated by Remote Computer Repairs, its third-party licensors, providers, or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the Remote Computer Repairs Software and immediately delete the Remote Computer Repairs Software from your computer.

To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third-Party Software or purchased such equipment.

We make no warranty that we are an authorised service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third-Party Software or equipment by an unauthorised service provider may void any warranty made by the supplier of such Third-Party Software or equipment.

Third Party Agreements

As part of the Services, Remote Computer Repairs may suggest certain third-party services to you. If you choose to subscribe to or otherwise use any third-party services, your use of any such services is subject to the terms of service of such third-party service provider. You agree to comply with such provider’s terms of service and that the third-party provider is solely responsible for delivery of its service(s) to you and your use of them.

Third party services include, but are not limited to technical support, website, training, music, gaming, and storage services that Remote Computer Repairs may elect to make available from time to time. Violation of such third-party provider’s terms of service may, in Remote Computer Repairs’ sole discretion, result in the termination of your customer account and use of service.

Limited-Service Warranty

Remote Computer Repairs disclaims all warranties express or implied as to the Services. The Materials and the Software whether in merchantability or fitness for a particular purpose, or otherwise.

If you are not satisfied with the services, your sole remedy is to (a) allow Remote Computer Repairs to reperform the Services subject to dispute. (b) Re download and re install the Software.

Some of the Remote Computer Repairs Service Plans come with a 7-day Limited Warranty as Provided in Online Documentation for those specific plans, this 7-day Limited-Service Warranty is subject to fulfilment for the specific service plan of the Terms and Conditions in this document.

Remote Computer Repairs and/or its respective suppliers make no representations about the suitability of the information contained in the Services, Materials, or the Software for any purpose whatsoever.

All Materials and Software are provided “as is” without warranty of any kind whatsoever. Remote Computer Repairs and/or its respective suppliers hereby disclaim all warranties and conditions about this information, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non- infringement.

The Materials could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein.

Remote Computer Repairs may make improvements and/or changes in the Materials and/or the Software described herein at any time. In no event shall Remote Computer Repairs and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in a action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of services, available in the Materials.

Limitation of Liability

Notwithstanding anything to the contrary in no event shall Remote Computer Repairs be liable to you in excess of the amounts actually paid by you to Remote Computer Repairs under the Plan Order that is the subject of the dispute.

Limitations on Actions

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

Term and Termination

Remote Computer Repairs at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Remote Computer Repairs:

(a) You are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third -Party Software.

(b) Your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Remote Computer Repairs’ network, or the use and enjoyment of Remote Computer Repairs’ other users.

(c) Remote Computer Repairs receives an order from a court to terminate the Service you are availing.

(d) If Remote Computer Repairs for any reason ceases to offer the Service.

(e) If you are no longer a Remote Computer Repairs customer, or Remote Computer Repairs determines that you are abusing the Service.

(f) Remote Computer Repairs, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

Severability Waiver

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Remote Computer Repairs’ failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

No Offer

The Remote Computer Repairs Website is available internationally and may contain references to Remote Computer Repairs products, services, and programs that are not available in a viewer’s country. These references do not imply that Remote Computer Repairs intends to make such products, services, or programs available in such country.

Modification

Remote Computer Repairs reserves the right to amend the Terms and Condition, and the Remote Computer Repairs Website at any time by:

(a) Posting a revised version of the Terms and Conditions on the Remote Computer Repairs Website (http://youritengineer.com), or by

(b) Sending information regarding any amendment to the Terms of Service to the email address you provide to Remote Computer Repairs in connection with registration. You are responsible for regularly reviewing the Remote Computer Repairs website to be notified of any amendments to the Terms and Conditions. Your use of the Remote Computer Repairs Website, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

Law, Forum

This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United Kingdom without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.

If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to: info@youritengineer.com