Acknowledgment & Acceptance Of Terms Of Service
This GDLIT, LLC Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the GDLIT, LLC Technical Support Plan (the “Service”) that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and GDLIT, LLC with respect to the Service.
Description Of Computer Remote Support Service
Upon purchase of the Service, Customer shall be eligible to receive the following services via remote, or phone support (e.g., over the phone or via the Customer’s computer with a GDLIT, LLC employee logged into the Customer’s computer):
- Computer Setup - If possible over the phone or remote support. If an on-site visit is needed an onsite visit fee will be assessed.
- Software Installation - If possible over the phone or remote support. If an on-site visit is needed an onsite visit fee will be assessed.
- Software assessment and removal of viruses and malware - If possible over the phone or remote support. If an on-site visit is needed an onsite visit fee will be assessed.
- Hardware installation – An Onsite Visit Fee will be assessed.
- Memory installation- An Onsite Visit Fee will be assessed.
- Operating system installation - If possible over the phone or remote support. If an on-site visit is needed an onsite visit fee will be assessed.
- Annual computer tune-up, including operating software system updates - If possible over the phone or remote support. If an on-site visit is needed an onsite visit fee will be assessed.
- Hard-drive data removal upon request - If possible over the phone or remote support. If an on-site visit is needed an onsite visit fee will be assessed.
- Password reset - An Onsite Visit Fee will be assessed
- Hard drive removal upon request - An Onsite Visit Fee will be assessed
- Quarterly preventive maintenance
Service is on a per-customer basis and is limited to the devices listed in the service contract and owned by the customer. The fee for the Service is a set fee without regard to usage (i.e., once the Customer has purchased the Service, there will be no refund of the fee after 30 days even if the Customer does not use the Service thereafter). Customer must purchase the Service in one-year increments. Training and training services are not included in the service but are available at GDLIT, LLC at the standard service rate. If GDLIT, LLC is unable to successfully complete one of the services set forth above by logging-in remotely to the Customer’s computer, Customer may purchase an on-site service to address the issue.
- The Service requires a functioning high-speed Internet connection, and
- Up-to-date antivirus software installed on the PCs.
If Customer would like to continue the Service after the expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are nonrefundable after 30 days. GDLIT, LLC may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
Modifications To Terms Of Service & Service
GDLIT, 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, GDLIT, LLC will notify you by posting the changes to the site from which you purchased the Services. GDLIT, LLC reserves the right to modify or discontinue the Service with or without notice to Customer. GDLIT, LLC shall not be liable to Customer or any third party should GDLIT, 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.
GDLIT, LLC respects your right to privacy. This policy summarizes what personally identifiable information we may collect, and how we might use this information. This policy also describes other important topics relating to your privacy.
Customer's Responsibility To Back-up Data
Customer agrees that prior to GDLIT, LLC servicing any Customer equipment it is Customer’s responsibility to:
- Back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, and/or on any other electronic storage device; and
- Remove all compact disks, floppy disks, DVDs, or other media from Customer’s product.
Customer agrees that whether or not Customer requests backup services from GDLIT, LLC and/or its third party service provider, neither GDLIT, 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, compact disks, floppy disks, DVDs, or other media.
Limitations To Service
GDLIT, LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. GDLIT, 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 GDLIT, LLC.
Customer agrees to indemnify, defend, and hold harmless GDLIT, LLC (and its affiliates and their respective officers, directors, employees 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 GDLIT, 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 GDLIT, 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).
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. GDLIT, 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. GDLIT, LLC, 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 GDLIT, 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 GDLIT, LLC, 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.
Limitation Of Liability
GDLIT, 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 GDLIT, LLC, 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 GDLIT, LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. GDLIT, LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by GDLIT, LLC. Notwithstanding any language to the contrary, GDLIT, LLC’s maximum liability to Customer arising from or related to GDLIT, LLC, LLC under this Agreement shall be limited to the sums paid by Customer to GDLIT, LLC under this Agreement during the ninety days prior to the time the cause of action arose.
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 GDLIT, LLC agree to submit to the exclusive jurisdiction of the courts in Los Angeles, CA 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 GDLIT, 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.