Terms and Conditions
General Definitions:
These terms ("terms") govern your use of the Elevate Tech Group web site ("site") and any technology support services provided either by telephone, chat or computer (the site and the support services are collectively referred to as the "services") provided by Elevate Tech Group, Inc., its subsidiaries, affiliates and contractors (collectively referred to as "Elevate Tech Group", "we", "our", or "us"). By accessing, ordering or using the services via telephone or online via the site, you ("you" or "your") and other users of the Services (collectively, "users") agree to these Terms and our Privacy Policy available at www.elevatetechgroup.com.
Scope of Services:
You may initiate the services via telephone or via our site, or other means made available by Elevate Tech Group. Elevate Tech Group will use commercially reasonable efforts to answer your technology question and resolve your technology problem for a fee as stated in the service or as quoted, as applicable. Elevate Tech Group may provide certain portions of the services via telephone, remote control session, online chat or e-mail.
Terms of Use:
We provide you with access to and use of services subject to your compliance with our terms. Elevate Tech Group reserves the right to refuse to provide services to anyone at any time without notice for any reason. Some services may have minimum system requirements and we may limit technology we support. You represent and warrant to us that you agree and comply with all the following:
- You are at least 18 years old.
- You have the right, capacity and authorization necessary to be legally bound to the terms.
- You have read and agree to the terms and privacy policy on the site.
- You will comply with all treaties, laws, rules and regulations applicable to your use of services.
- Any information you submit to Elevate Tech Group is correct and complete.
- You agree to make payment for services rendered.
- If you do not agree to these terms, you may not access or use the services.
Permission to Access Your Computer:
You acknowledge that by your use of Elevate Tech Group services you are authorizing Elevate Tech Group to access and control your device (computer, personal electronics, camera, network, printer, mobile phone, etc.) for the purposes of diagnosis, service and repair. By accepting these terms, you hereby grant Elevate Tech Group the right to gather system data, connect to your device, take remote control of your device, download and use software on your device, and change the settings on your device while performing the services. Other than as set forth in the warranty section below, you agree that Elevate Tech Group has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services. We may monitor and record the services, including telephone, chat communications, screen video and shell video and for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Elevate Tech Group to monitor and record the services and to use or disclose any information as necessary or appropriate in accordance with our Privacy Policy. You also grant Elevate Tech Group permission to combine your information with that of others in a way that does not identify you personally to improve the services, for training, for marketing and promotional purposes, and for other business purposes. Please see our Privacy Policy for further details.
Data Backup:
You are solely responsible for maintaining and backing up all information, data, text or other materials and software stored on your device and storage media before ordering the services. You acknowledge and agree that Elevate Tech Group or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services.
Use of Software and Tools:
Elevate Tech Group may need to download and run software on your device to help diagnose and resolve your technology problem. You acknowledge and agree that use of all Elevate Tech Group software and third party software and tools accessed, downloaded or otherwise provided or made available with the services are subject to the license agreements that may appear or be referenced when you access or download the software. You may not access, download or use any software without agreeing to the terms and conditions of the license agreements. You agree that we may download and utilize software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of software that will expire and cease to function after a certain period of time unless you purchase a license to continue using such software. You may use the Elevate Tech Group software only in connection with the services and for no other purpose. You agree that we may, but are not obligated to, remove any software downloaded to your device during the services after we have completed or terminated the services.
Right of Entry:
Client agrees that Elevate Tech Group is granted right of entry for the purpose of removing and accessing all equipment owned by Elevate Tech Group.
Our Warranty of Services:
A service may not be successful because the problem may be beyond our ability to solve remotely. If you have purchased a one-time service from Elevate Tech Group, then the following warranty applies:
- If we are not able to answer your question or resolve your technical problem and you have complied with all of your obligations in these terms, we will not charge you a fee for the service. If a fee has already been charged, it will be refunded.
- If you experience a problem with the resolution we provided and you call us within thirty (30) days from the day you originally received the service, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the service.
You understand and agree that except as expressly set forth above, the services are provided "as is," without warranty of any kind and there are no other warranties for the Services. Any content or software that you access, download or use with the services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities.
Support Service Level Agreement:
- Standard Engineering Hours M-F 7:30am to 7:30pm / Must call emergency number after hours for SLA.
- Low Priority: (No time constraint, low or no impact to business.) Assign within 24 hours; In progress within 72 hours; Completion target: 338 hours (2 Weeks)
- Normal Priority: (Low business impact.) Assign within 8 hours; In progress within 24 hours; Completion target: 72 hours
- High Priority: (Single user affected significantly.) Assign within 4 hours; In progress within 8 hours; Completion target: 48 Hours
- Urgent Priority: (Single system down. Business significantly affected.) Assign within 2 hours; In progress within 4 hours; Completion target: 24 Hours
- Critical Priority: (All systems down. Business cannot function.) Assign within 1 hour; In progress within 2 hours; Completion target: 12 Hours
Customer Responsibilities:
We will need your cooperation by promptly responding to our requests for information and actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of software on your device and accept all applicable license agreements for the software. The applicable fees for the services you order may be quoted via telephone or chat. The fee for the services will be charged directly on your credit card and you agree to pay the charges applicable to your selected services, as well as any applicable taxes. In order to use certain software or services, we may require that you register. During the registration process, you may be asked to designate, or we may designate for you, a user name and password. You are responsible for maintaining the confidentiality of any password or account information you receive from Elevate Tech Group, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify Elevate Tech Group immediately upon learning of any unauthorized disclosure or use of your password or other account information. Elevate Tech Group has no liability for any unauthorized use of the services under your account or on your device.
Recurring Subscription, Unlimited Plan, Payments and Fair Use Policy:
We are excited to service your computer. Our lowest possible price is offered to care for an average consumer’s computer support needs. Our Fair Usage Policy is designed to prevent fraud and abuse by a small number of users. Only the registered device is covered and limited by the plan purchased. Unreasonable services, in excess of twice the average demanded hours, may result in your subscription being suspended or our relationship being terminated. We may provide you with a notice of improper behavior before suspending, terminating or offering an alternative subscription, as we deem appropriate. A Business Managed IT subscription package may only be purchased and serviced with a separate MIT agreement custom designed for your business. The Residential Subscription plan covers up to three devices that are not used for business in your household. When purchasing a subscription, you agree to a minimum 12 monthly payments, which will continue ongoing after the initial 12 months, until you notify Elevate Tech Group of cancellation. Monthly recurring charges for certain services and individual services must be paid in advance. If a credit card is submitted by you for monthly reoccurring or individual services, you agree to authorize the charges for all fees associated with the services, including renewals or upgrade changes as notified. If any portion of your bill is not paid by the due date for any reason, a late fee on unpaid balances may be charged and your services may also terminate or suspend without notice. In the event third party collection fees are incurred to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including legal fees.
Restrictions:
Your use of the services is only for your personal purpose on your technology and not for commercial use. You will not resell or transfer services to others, without written agreement. You shall not misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Elevate Tech Group or its customers or its partners, including but not limited to interfering with or otherwise disrupting business or networks connected to the service. You will not engage in any activities or actions in connection with the services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information or engage in any activities that violate the personal privacy or publicity rights of others. You will not access, monitor or use data, traffic, tools, systems, facilities or networks provided with or accessible from the services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. You may not use, download or copy any materials provided on the site or with the services. Any rights not expressly granted herein are reserved by Elevate Tech Group.
Links from and to the Site:
Our site may contain hyperlinks to Web sites that are not controlled by Elevate Tech Group. Elevate Tech Group is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of Elevate Tech Group. We reserve the right, however, to rescind any permission granted by us and to require termination at our discretion.
Third Party Products and Services:
In the course of delivering the services to you, we may refer you to third parties. These third parties and/or their websites may also be linked and/or displayed on our site. Although we may link or refer you to such products and services offered by third parties, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by us of those merchants or their products or services. We are not responsible in any way for any other web sites, products, services or information. Your dealings with other entities promoted on or through the services are solely between you and the other entity. You agree that Elevate Tech Group shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings. Likewise, any third party that may refer you to our services has no responsibility or liability for the services provided by Elevate Tech Group.
Limitation of Liabilities:
In no event shall Elevate Tech Group, its referral partners and suppliers, or any of their respective directors, officers or employees be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort, misrepresentation, strict liability or any other legal or equitable theory, that arises from directly or indirectly related use of or the inability to use, the services, software, content or your device and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if Elevate Tech Group has been advised of the possibility of such damages. In no event shall the total liability of Elevate Tech Group, its referral partners and suppliers to you in the aggregate for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the services, software or content exceed the lesser of the amount paid for the services at issue or US $100.00.
Governing Law:
The substantive laws of the State of Oregon, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Beaverton, Oregon, and you expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Elevate Tech Group may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.
General Information:
This version of the Terms is effective as of July 2015. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between you and Elevate Tech Group and govern your use of the Services, superseding any prior or contemporaneous agreements between you and Elevate Tech Group. The failure of Elevate Tech Group to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without Elevate Tech Group's express written consent. The Terms inure to the benefit of Elevate Tech Group's successors, assignees and licensees.