Service Terms
These terms (the “Terms”) govern your use of the Web site at geeks.online (“Site”) and any technology support services provided either in person by telephone or computer (the Site and the support services are collectively referred to as the “Services”) provided by Highpoint Communications, Inc., its subsidiaries, affiliates and contractors (“Geeks.Online”, “We”, “Our”, or “Us”). By accessing, ordering or using the Services via telephone or online via the Site, you (“You” or “Your” means you or, for services designed for businesses (“Business Services”), the legal entity that you are authorized to represent and on whose behalf the Business Services are purchased) and other users of the Services (collectively, “Users”) agree to these Terms and Our Privacy Policy available at https://geeks.online/privacy-policy/ If, at Your request, We agree to send Our employees or representatives to Your residence, place of business, or other location designated by You and agreed to by Us in order to provide You with technology support services, then these Terms shall govern such provision of services as well. If You do not agree to these Terms, You may not access or use the Services.
Scope of Services
You may initiate the Services via telephone, via the Site, or other means made available by Geeks.Online. Geeks.Online will use commercially reasonable efforts to answer Your technology question and resolve Your technology problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. Geeks.Online may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the technology we support. Certain Services may have minimum system requirements. Geeks.Online Services may include Services that are available on a one-time basis, for a fee (“On Demand Services”); as well as subscription Services, which are an entitlement to more than one Service over a period of time, for a recurring fee (“Subscription Services”).
Terms of Use
We provide You with access to and use of the Services subject to Your compliance with the Terms. Geeks.Online reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to Us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to Geeks.Online is correct and complete, and (f) any payment or credit card information You supply is correct.
Authorization to Access Your Computer; Monitoring of the Services
You acknowledge that by Your use of the Services You are authorizing Geeks.Online to access and control Your computer or device (collectively “Device”) for the purposes of diagnosis, service and repair. In connection with delivering the Services, Geeks.Online may download and use software, gather system data, take remote control of Your Device and access or modify Your Device settings. By accepting these terms, You hereby grant Geeks.Online the right to connect to Your Device, download and use software on Your Device to gather system data, repair Your Device, take remote control of 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 Geeks.Online 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, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Geeks.Online to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You and Our Users; to protect ourselves and/or Our Users; and to enhance the types of Services we may provide to You in the future. You also grant Geeks.Online permission to combine Your information with that of others in a way that does not identify You or any individual 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.
We may, but have no obligation to, monitor and/or to review all materials posted to the Site or through the Site’s services or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by third parties. However, We reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Our sole discretion, are in violation of these Terms or applicable law. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty if We believe You are in breach of the guidelines set forth in Our Terms or in violation of applicable law without notice or liability.
Data Backup
Although Geeks.Online makes every effort to preserve customer data It is your sole responsibility to maintain backups of all information, data text or other materials before ordering services. Yous acknowledge and agree that Geeks.Online or it’s 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. During the course of the service call we may offer back up services or data recovery. Geeks.Online does not support the installation of unlicensed software on customers equipment. Please ensure that you have a licensed copy of all necessary software.
Warranty
The Services may not be successful because the problem may be beyond Our ability to resolve remotely. If You have purchased Remote Support from Geeks.Online, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the Remote Service. If You experience a problem with the resolution We provided and You call us within seven (7) days from the day You originally received the Individual 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 Individual Service.
As set forth below, there are no other warranties for the Services. Geeks.Online makes no warranties or representations with respect to advice, guidance, information or other content posted to the Community portion of the Site or otherwise supplied to the Site by any third party, and expressly disclaims all warranties, express or implied, with respect to Community content and other third party content available on the Site.
Use of Software and Tools
Geeks.Online may need to download and/or run software on Your Device to help diagnose and resolve Your technology problem. Geeks.Online uses several types of software: the first type provides Device system information to Geeks.Online which helps Us diagnose and resolve Your technology problem, the second type allows 1800-Geeks.Online to remotely control Your Device and modify its settings or software, and the third type generally consists of utilities and other tools to improve Device performance and help resolve Your technology problem. You acknowledge and agree that use of all Geeks.Online software and third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) 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 without modification. 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 (usually thirty days) unless You purchase a license to continue using such Software. You may use the Geeks.Online 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.
Customer Responsibilities
You must cooperate with Geeks.Online and promptly respond to Our requests for information and comply with Our requests to take 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.
Appointment Cancellation
If you cancel an appointment with less then 24hrs notice a cancellation fee of $45 subtracted and paid to the service provider.
Registration, Passwords and Security
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 1800-Geeks.Online, 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 Geeks.Online immediately upon learning of any unauthorized disclosure or use of Your password or other account information. 1800-Geeks.Online has no liability for any unauthorized use of the Services under Your account or on Your Device.
Fees and Payment
The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged to your credit card or via ACH. You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes upon receipt of service. Any Invoice 30 days past due will be subject to late fees, interest & may be referred to a collection agency.
Service Availability
The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to obtain Subscription Services, You must at all times have current and functional antivirus software in place and running on Your Device. Failure to maintain such software may result in additional charges and fees. Geeks.Online reserves the right to terminate Your Subscription Service, upon notice, if Geeks.Online determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than You, (d) for any Device other than a registered system, (e) unreasonably, or (f) in excess of five (5) completed, in-scope Service incidents per any ninety (90) day period. In the event that Your Subscription Service is terminated, Geeks.Online will refund to You a prorated portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
Modifications to the Services
We reserve the right, for any reason, in Our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and We will not be liable to You or to any third party for doing so.
Dealings with Third Parties
In the course of delivering the Services to You, we may refer You to third parties, or the websites of third parties, that offer products and/or services that may facilitate the resolution of Your Device support issues or otherwise be of potential assistance to You. These third parties and/or their websites may also be linked and/or displayed on the Site. Although we may link or otherwise refer You to such products and services offered by third parties, unless expressly stated to the contrary, 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, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Geeks.Online shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Geeks.Online.
SMS Consent
By providing your phone number to us, you agree to receive SMS messages from us in a conversational format. We may send you SMS messages for various purposes, such as confirming or reminding you of your appointments, sending you requested information like estimates or invoices, and informing you of our latest offers and promotions. You can opt out of receiving SMS messages at any time by replying STOP to any message or contacting us at our customer service number. Standard message and data rates may apply.
Termination
Geeks.Online reserves the right to cease providing the services for any reason at any time and instead, as your sole and exclusive remedy, refund the fees paid for the applicable services for the time period, if any, after termination of the services. If you breach the terms no refund will be provided. Other than providing a refund when we terminate for our convenience, Geeks.Online will not be liable to you or any third-party for termination of the services for any reason. You acknowledge and agree that upon termination Geeks.Online may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the services.
Indemnity
you agree to defend, indemnify and hold Geeks.Online, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from or related to your use of the services or your violation of the terms.
Limited Liability
in no event shall Geeks.Online, its suppliers, and referral partners or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort (including negligence), misrepresentation, strict liability or any other legal or equitable theory, arising from directly or indirectly related to the 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 Geeks.Online 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 the above limitations or exclusions may not apply to you.In no event shall the total liability of Geeks.Online, its suppliers, and referral partners 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 greater of the amount paid for the services at issue. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Geeks.Online and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Geeks.Online. The failure of Geeks.Online 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 parties” 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 Geeks.Online’s express written consent. The Terms inure to the benefit of Geeks.Online’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.