ON-SITE TECHNOLOGY SUPPORT & CONSULTATION
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
Thank you for purchasing On-site Technology Support & Consultation Services (“Service”) from Neon Technology Services, LLC. These terms and conditions (“Service Terms”) comprise the entire agreement between you (“Client”) and Neon Technology Services, LLC with respect to the Service.
2. DESCRIPTION OF SERVICES
Neon Technology Services, LLC provides on-site technology support and consultation across a variety of personal technology products and platforms. Services offered include, but are not limited to:
- Concierge™ in-home support
- Pro™ in-home support
- Premier™ in-home support
This Service does not include the provision of any software or hardware. In addition, Neon Technology Services, LLC agents cannot remotely access gaming systems or smartphones, and thus services which would require direct access to gaming systems or smartphones are not included in the Service. Data recovery, training on Client’s products other than the trainings specifically referenced above are subject to the discretion and approval of the employees, officers and/or agents of Neon Technology Services, LLC.
Services may cover up to 3 eligible devices in one location.
Client pre-requisites: The Service requires:
- A high-speed Internet connection
- Knowledge of, or access to, all relevant account ID's and passwords
- Up-to-date antivirus software installed on all PCs (Machines running Microsoft Windows as the primary primary operating system)
3. PAYMENT & REFUNDS
Payment for Service will be charged to client credit card within 48-hours of Service completion. Client may request a refund for services within fourteen (14) days of service completion. Client must request a refund via email or phone. Note: all refunds are subject to approval by Neon Technology Services, LLC.
Gift cards are non-refundable.
4. CANCELLATION FEES
Client agrees to pay a cancellation fee if Service is cancelled within two (2) hours of the start of the scheduled reservation time. Cancellation fees are not to exceed $5.00. Cancellation fees are subject to change at the sole discretion of Neon Technology Services, LLC.
5. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
Neon Technology Services, LLC may change the terms and conditions of the Service from time to time. Upon any such change in the Service, Neon Technology Services, LLC will notify Client by posting the changes to the site from which the Service was purchased. Neon Technology Services, LLC reserves the right to modify or discontinue the Service with or without notice to Client. Neon Technology Services, LLC shall not be liable to Client or any third party should Neon Technology Services, LLC exercise its right to modify or discontinue the Service. Client's use of the Service constitutes an affirmative agreement by Client to abide and be bound by these Service Terms and its modifications.
7. CLIENT’S RESPONSIBILITY TO BACK-UP DATA
Client agrees that prior to Neon Technology Services, LLC servicing any Client equipment it is Client’s responsibility to (1) back-up the data, software, information or other files stored on Client’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 Client’s product. Client agrees that whether or not Client requests back-up services from Neon Technology Services, LLC and/or its third party service provider, neither Neon Technology Services, 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.
8. LIMITATIONS TO SERVICE
Neon Technology Services, LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. Neon Technology Services, LLC and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Client’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 Client are unusual or extensive and beyond the scope of these Service Terms, as determined by Neon Technology Services, LLC.
Client agrees to indemnify, defend, and hold harmless Neon Technology 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 Neon Technology Services, LLC by reason of, or arising from: (a) Client’s breach of this Agreement; (b) Client’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Client’s actual or alleged failure to promptly pay sums due Neon Technology Services, LLC or third parties; (d) Client’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Client (or its officers, directors, employees or agents).
10. DISCLAIMER OF WARRANTIES
CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEON TECHNOLOGY 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 NONINFRINGEMENT. NEON TECHNOLOGY SERVICES, LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET CLIENT’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NEON TECHNOLOGY 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. CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT'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 CLIENT FROM NEON TECHNOLOGY SERVICES, 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 CLIENT.
11. LIMITATION OF LIABILITY
NEON TECHNOLOGY SERVICES, 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 CLIENT'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NEON TECHNOLOGY 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 CLIENT.
It is Client’s responsibility to back-up the software and data that is stored on Client’s computers, hard disk drive(s), and/or on any other storage devices Client may have, and Neon Technology Services, LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Neon Technology Services, LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Client by Neon Technology Services, LLC. Notwithstanding any language to the contrary, Neon Technology Services, LLC’s maximum liability to Client arising from or related to Neon Technology Services, LLC under this Agreement shall be limited to the sums paid by Client to Neon Technology Services, LLC under this Agreement during the three months prior to the time the cause of action arose.
Neon Technology Services, LLC may immediately terminate the Service upon written notice to Client. Upon termination of the Service, Client's right to use the Service immediately ceases. Client shall have no rights and Neon Technology Services, LLC will have no obligations regarding the Service thereafter.
These Service Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law provisions. Client and Neon Technology Services, LLC agree to submit to the exclusive jurisdiction of the courts in Madison, Wisconsin. 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. Client and Neon Technology Services, LLC agree that any cause of action arising out of or related to this Service must commence within (6) monthsafter the cause of action arose; otherwise, such cause of action is permanently barred.
Updated on 7/2017