SERVICE AGREEMENT

virtual TECHNOLOGY SUPPORT & CONSULTATION

1.      THE PLAN

If you selected a month-to-month Plan, your Plan will continue indefinitely on a month-to- month basis until it is cancelled. Until the Plan described in this paragraph is cancelled, you authorize us to charge your credit or debit card at the beginning of each monthly billing period for the amount specified on your purchase confirmation or payment receipt.

2.     When Your Plan Begins and Ends

A) Your Plan begins on the date you purchase this Plan. If you selected a month-to-month Plan, your Plan will continue indefinitely on a month-to- month basis until it is cancelled. Until the Plan described in this paragraph is cancelled, you authorize us to charge your credit or debit card at the beginning of each monthly billing period for the amount specified on your purchase confirmation or payment receipt.

B) Cancellations/Renewals. For more information on how your Plan may be cancelled or renewed, please refer to Section 9, below.

3.    WHAT IS COVERED?

A) This Plan provides Service for three eligible devices, which may be personal computers (notebooks, laptops and desktops). Mobile phones or tablets are not eligible devices. You choose the eligible devices that you want covered when you request Service under this Plan and these devices become the “Covered Products”. You may update the Covered Products associated with this Plan at any time in the event you replace or exchange an eligible device.

B) During the Service Period, we will provide you with access to telephone and web-based technical support resources. Service may include assistance with software installation, configuration and troubleshooting; password reset; interpreting system error messages and determining when hardware service is required.

C) Upon your request, we will diagnose and repair operating system problems and virus/malware issues causing start-up and shut down issues, slow performance, system crashes, error messages and unwanted pop-up windows.

4.    WHAT'S NOT COVERED?

A) Troubleshooting issues that are likely to be resolved by upgrading your operating system or consumer software to the current version, if you choose not to upgrade.

B) Server support including but not limited to any server administration and set up, server software applications/OS installation and support or server diagnostics and tune-ups.

C) Except for connecting your Covered Device to an active home network, the Service shall not include any home network support, router support or support for devices connected to your Covered Products.

D) Damage to or loss of any software or data that was residing or recorded on the Covered Products. This Plan does not cover the recovery or reinstallation of data, software, information or other files stored on your hard disk drives or any other data storage device

5.    HOW TO OBTAIN SERVICE

You may obtain service by accessing our website, www.neonhomesupport.com, or by calling us at 1-877-321 NEON (1-877-321-6366). We’re available from 10:00AM – 8:00PM (CST).

6.    YOUR 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.  

7.   YOUR OTHER RESPONSIBILITIES

To receive service or support under the Plan, you agree to comply with each of the terms listed below.

A) To receive web-based remote technical support, you will need to provide a high speed internet connection.

B) You will provide information about the symptoms and causes of the issues with the Covered Product.

C) You will respond to requests for information such as the Covered Product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Product, any error messages displayed, the actions which were taken before the Covered Product experienced the issue and the steps taken to resolve the issue.

8.    ELIGIBILITY FOR SERVICE; TRANSFERRING YOUR PLAN

We will provide Service in respect of the Covered Products to the original purchaser of this Plan or any person that is in lawful possession of a Covered Product. At our discretion, we may ask questions and take steps to verify that the person seeking service is in lawful possession of it and, in some cases, whether the serial number of the device matches our records concerning a Covered Product. If ownership of all the Covered Products have changed to the same person and/or the responsibility for the Plan has changed, we will, without charge, update our records to reflect the transfer of ownership and/or responsibility for the Plan as the case may be. The original purchase receipts and any service receipts should be transferred to the new owner. You may call 1-877-321-NEON (1-877-321-6366) to transfer your Plan.

 9.   CANCELLATION; RENEWAL

A) If you cancel a Continuous Monthly Plan at any time after the first 30 days, the cancellation will take effect at the end of the monthly billing period for which you have already been charged. The cancellation will prevent you from being charged for any further monthly billing periods.

B) We may cancel this Plan for convenience and discontinue providing service at any time upon written notice to you and issue you a pro-rata refund for any prepaid amounts. We may also cancel this Plan immediately or suspend service without notice, at our discretion, if you fail to make a payment when due or we are unable to process a credit or debit card charge or while any such charge is pending if your account is past due.

C) Your Continuous Monthly Plan will continue indefinitely on a month-to-month basis until it is cancelled by you or us as explained in Section 9(a) and (b) above. We will obtain your advance consent if we desire to increase the price or materially reduce the coverage or benefits under the Plan for any future billing period.

 10.    PRIVACY POLICY

View or review our privacy policy at www.neonhomesupport.com/privacy.

It is our policy to respect the privacy of its customers. For information on our privacy practices, please call 1-877-321-NEON (1-877-321-6366). 

 11.    LIMITATION OF SERVICE

We shall not be liable for any failure or delay in performance due to any cause beyond its control. We reserve the right to refrain from providing the service and instead refund your payment, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms and Conditions, as determined by us.

 12.    DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. WE MAKE NO 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. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE 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. YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESUL TS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US 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 YOU.

 13.    LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(I) WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN; AND

(II) OUR TOTAL LIABILITY UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF YOUR PLAN INCLUDING TAXES. THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.

 13.    LAWS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law provisions. If any provision(s) of these Terms and Conditions is/are 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.

 13.    ENTIRE AGREEMENT

These Terms and Conditions and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under your Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Neon Technology Services, LLC have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of this Plan – either orally or in writing.

Updated on 9/2017

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