PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MYFASTPC LLC.
This agreement is for a one-time use of MYFASTPC services. This is not an agreement for ongoing services, monthly, or annual services. These services are intended to assist users of personal computers and not for business computers.
By clicking ACCEPT you are agreeing to pay for MYFASTPC services, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations.
Subject to the terms and conditions set forth herein, MYFASTPC provides remote technical support to consumers of personal computers this support is provided via remote access to your computer, telephone, on-line chats, and email.
If you do not agree to all of these terms and conditions, do not click ACCEPT, REGISTER FOR, USE OR RECEIVE ANY OF THE COMPANY’S SERVICES.
This agreement allows a MYFASTPC technician to access your computer run scans, review your registry and give personal attention to problem areas. You may have to download a small program in order to allow the technician access to your computer. The technician may then download third party software to your computer for the strict purpose of diagnosing and repairing your computer. Repair sessions may be recorded for quality purposes.
The service is provided by MYFASTPC, LLC, a company incorporated under the laws of Utah whose principal business address is in Orem Utah. MYFASTPC makes no representation that MYFASTPC, or content available through it, are appropriate or available for use at other locations outside the United States, and access to MYFASTPC from territories where MYFASTPC or is illegal or prohibited. If you access MYFASTPC from a location outside the United States, you are responsible for compliance with all local laws.
You hereby authorize MYFASTPC to charge the credit or debit card that you provide at registration for the one-time cost. Failure to make any payment as agreed shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this agreement by MYFASTPC. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs, reasonable interest, and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other applicable taxes, other than taxes based on MYFASTPC’s net income.
FAIR USE POLICY; USER CONDUCT
MYFASTPC may suspend or terminate Your access to the Services if in MYFASTPC’s sole discretion, You are abusing the Services by (i) exceeding the level of use reasonably expected for one account; In the event of such termination or suspension, You will not be entitled to a refund of any prepaid fees. You are solely responsible for the contents of your transmissions through the services. Your use of the services is subject to all applicable local, state, national and international laws and regulations.
REVISIONS TO THIS AGREEMENT
MYFASTPCreserves the right to change this Agreement from time to time and any modification to this Agreement will be effective upon posting to the MYFASTPC website. Your services, obligations, remedies, rights, and responsibilities will be governed by the agreement that is in effect at the time you accept service.
If the technician, in repairing your computer, encounters files or folder names that raise suspicion of illegal activity including creating, storing, or transferring illegal materials, the technician is required to report the suspicion and MYFASTPC may contact law enforcement in such instances. If there are files and folders that you would like excluded from personal review, it is the consumer responsibility to identify those areas to the technician prior to the initiation of services.
LIMITATION OF LIABILITY
In no event will MYFASTPC, its licensors or other third parties mentioned at or in this agreement be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this service, any service linked to MYFASTPC, the content, software or other information contained in any or all such sites, products related to or ordered via MYFAST PC, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.
Your remedies are limited. It is unlikely that a technician can remotely damage your computer. All steps are taken to ensure your computer’s security and sustainability. However, among other things, some viruses are written to damage the computer upon its extraction. In the event that the your computer is damaged during service, your remedy is limited to a refund of your most recent MYFASTPC payment.
With respect to any claim that any of the Services were deficient, you must notify the Company within three (3) calendar days, excluding Sundays and major holidays, following the Company’s performance of such Services. If you fail to give the Company written notice of such deficiency within such 3-day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services, as well as access to your home or office premises if necessary to enable such efforts. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in Limitation of liability. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement.
MYFASTPC, in its sole discretion, may issue a full refund for clients who wish to cancel the transaction prior to a MYFASTPC technician commencing the services, i.e. any services completed shall receive a reasonable allowance for value given. Partial refunds may be awarded to the client, at the company’s sole discretion, including but not limited to when the following conditions have been met – partial services have been provided prior to a written cancellation request being received, or if the company is unable to complete all of the services purchased.
Fees for prior months of Services are nonrefundable. If the Company is unable to remedy a deficiency in the Services pursuant to paragraph above the Company may elect to issue you a refund for the applicable deficiency based on the Services provided, in the Company’s sole discretion. If it is deemed that a refund is due, a credit will be issued to the credit card that was used to purchase Company’s Services.
You agree to indemnify, defend and hold MYFASTPC, its licensors and affiliates and their respective assigns, harmless from any loss, liability, damages or claim, including reasonable attorneys’ fees and costs, that arise directly or indirectly from (i) your activities in connection with the MYFASTPC, (ii) a breach of this Agreement, including, but not limited to, any violation of the acceptable use policy, or (iii) any allegation that any information that you provide via MYFASTPC infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party. You also agree to reimburse on demand any and all indemnified parties for any losses incurred by such indemnified parties to which this indemnification provision relates.
THIRD PARTY SOFTWARE
MYFASTPC may use your computer to download or suggest that you acquire, install and use certain third party software (“Third Party Software”). MYFASTPC 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. 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 prior to installation or use of the Third Party Software, even if MYFASTPC assists You in the acquisition, installation, and/or use of Third Party Software. You must ensure that you comply with the terms and conditions under which You licensed all Third Party Software or purchased any equipment. We do not warrant or represent that we are an authorized 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 unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
MYFASTPC may provide follow-up services to a client for up to 14 days to attempt to resolve any reoccurring problems. Follow-up services are provided as a gratuity and this contract does not guarantee follow-up services.
MYFASTPC does not warrant that services will meet your requirements, or that the services will be uninterrupted, timely, secure, error or virus free. MYFASTPC makes no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the services. MYFASTPC provides no remedies for any loss of data resulting from use of the services and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications, data, or personalization settings. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this 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. MYFASTPC’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MYFASTPC in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by MYFASTPC. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without regard to conflict of laws provisions. You irrevocably and unconditionally consent to submit all disputes arising under this Agreement to Utah State Court.