SA Optimizer Proactive Maintenance
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Terms and conditions 1. Service inclusions – scope of service
The SA Optimizer Proactive Maintenance service, hereinafter referred to as service, is provided by “evolve technology and service solutions, LLC” hereinafter referred to as the service provider, to residential and small office customers hereinafter referred to as customer, on a prepaid basis. The service includes and is limited to the following features.
(a) Installation of fully licenses copies of virus protection and spyware protection chosen at the discretion of the service provider.
(b) Installation of fully licenses copies of computer system optimization utilities chosen at the discretion of the service provider.
(c) Scheduled service provided by the service provider is conducted on a monthly basis recurring at a day and time established by the service provider.
(d) The service is limited to the following:
(i) Reviews of system, virus and spyware scan logs identifying vulnerability to system security. In the event a vulnerability is determined, the service provider will conduct basic corrections to the customers system to resolve the vulnerability. If extensive efforts are required to remediate virus, malware, and / or spyware infections beyond fundamental virus scans available to the installed virus protection the customer will be notified of the status prior to billing for the remediation.
(ii) At the time of the first scheduled service the service provider will conduct a PC hardware and software inventory to catalogue the installed Microsoft and other software and hardware component specifications. This scan is facilitated by software chosen at the discretion of the service provider. The reporting generated is made available to the customers and catalogued at the service provider office for review to assist in providing answers and advice to customers questions related to their PC configurations, upgrade capabilities and compatibility or other service assistance.
(iii) The service provider launches PC system optimizations using the installed utilities including operating system registry error checks and resolution, application corrections and system registry defragmenters. The optimizations are limited to the capability of the installed computer system optimization utilities chosen by the service provider.
(iiii) A 10% discount is made available by the service provider to the customers for services beyond what is described under this scope of service. The discount is limited to services performed remotely not exceeding $400.00 per service incident and excludes hardware sales.
2. Terms of service
(a) The minimum term of the service is one year. A prepayment or payment in full is required prior to, or at the time of first service via electronic payment method facilitated by the service provider website. The minimum term of service is one year and automatically renews annually. The service may be cancelled as specified in the “termination of service” section area of this Residential proactive remote services agreement. All payments rejected due to non-available funds, fraudulent use or misinformation provided by the customers are subject to the delinquency and NSF policy published at www.evolve-usa.com/policies.htm .
(b) A setup fee of Forty-Five Dollars ($45.00) is charged at the time of the first scheduled service the in addition to the annual or quarterly billing amount for each computer enrolled into the service agreement to cover initial software expenses and integration time. This one-time fee may be waived for customers maintaining continuous enrollment in the service without payment interruptions.
(c) The service automatically renews yearly and the payment method provided by the customer is automatically billed without notice. A receipt is generated via email to the customer at the time of renewal.
(d) Promotional offers and enrollment discounts are limited to new customers and are only applicable to service fees during the first year of enrolment to the service unless otherwise expressed in writing by the service provider. Any continuation or automatic renewal of the service after the first year will be billed at the standard service rate unless otherwise expressed in writing by the service provider.
3. Fees related to interruptions in service for late or non-payment
(a) Customers failing to provide payment prior to the annual or quarterly renewal date may be charged a reinstatement fee of forty-five dollars ($45.00) in addition to the annual or quarterly billing for time related expenses required for reconfiguration of software licensed exclusively to the service provider.
(b) Customers choosing to discontinue service and renew service at a later date causing disruption in service are treated as new customers and will be charged a setup fee as indicated in "Terms of Service"
4. Termination of service
The term of the service is a minimum period of one year and automatically renews each year unless canceled by either the customer or the service provider. The customer may cancel further recurrences of the service agreement and billing via email to [email protected] thirty days prior to the annual renewal date of the agreement. The service provider may terminate this agreement at any time with notice. In the event of service termination by the service provider, any over payment for services not yet provided will be refunded via electronic payment or check to the customers with a notice of service termination.
5. Changes to service
The service provider may change the terms and pricing of service at any time. In the event of a change to the scope or pricing of service, the changes become effective immediately at the completion of the customers current service period.
6. Service exclusions
The service provider excludes the following from this service agreement: (1)Discounts to or onsite services, (2)Hardware, hardware installation or hardware replacement services, (3) Correction to customers misuse of software or equipment resulting in negative consequence to overall system performance not correctable as part of this service agreement. (4)Corrections to intentional spyware software installed by the customers, (5)Proactive scheduled services after extensive hardware failure resulting in extensive delays in utility performance or repeated loss of connections to customers PC, (6) remediation of extensive virus, malware, and or spyware infections that are beyond the capability of the installed virus protection included in the service.
7. Limitation of Liability
The service provider is held harmless for any customer loss of data, hardware defects and application failures during and after the service resulting directly and indirectly from service provided to the customers.
Delinquency and NSF
(a) Payments are due on or before the time of service. A late payment penalty is assessed at a rate of 1.5% per month for amounts due beyond thirty days. A thirty-five dollar fee ($35.00) is assessed for checks or credit card transactions returned due to non-sufficient funds and or stop payment.
8. Customer requirements
(a) Internet connectivity
It is required that the customer maintain internet connectivity at all times throughout the service period to insure adequate connection speeds for reliable service procedures. The service provider is held without harm during and is not required to provide service during interruptions and / or reductions in performance of customer’s internet connectivity. The customer remains liable and continues to be billed throughout the service period regardless of the status of the internet connectivity.
(b) Connectivity at scheduled service date
The customer is responsible to insure the computer system is turned on and maintains an internet accessible connection at the established date of scheduled monthly service. The customer remains liable and is billed throughout the service period regardless of the customer’s inability to be available at the selected service appointment date or time.
(c) Application removal at end of service period
Virus, malware, and spyware protection is licensed exclusively to the service provider and is not at any time the property of the customer. The computer system optimization utilities are licensed exclusively to the service provider and are not at any time the property of the customer. At the end of the final service appointment, the customer is required to allow the service provider to un-install all utilities licensed to the service provider. Prevention or failure to allow the removal of the software licensed to the service provider results in an additional billing to the customer in the amount of $350.00 (three hundred fifty dollars) for each computer enrolled to the service.
9. Virus removal policy
Our policy is that your data is our first priority. We understand that sometimes your data or documents are irreplaceable. This being the case we take every precaution to insure data remains safe. All virus scans are set to first clean infected files of virus infection if possible. The unfortunate truth is that sometimes files cannot be cleaned and must be deleted to remove infections from a system. Files that are unable to be cleaned of infection will be deleted. If infection is detected and files are required to be deleted to remove infection from a PC or server, it is sometimes required that applications or operating systems must be re-installed to function correctly after a virus removal process. The service provider is not responsible to re-install applications or operating systems corrupted as a result of a virus removal. At the customer request installation can be provided for additional fees as indicated under standard service pricing. The service provider will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
The SA Optimizer Proactive Maintenance service, hereinafter referred to as service, is provided by “evolve technology and service solutions, LLC” hereinafter referred to as the service provider, to residential and small office customers hereinafter referred to as customer, on a prepaid basis. The service includes and is limited to the following features.
(a) Installation of fully licenses copies of virus protection and spyware protection chosen at the discretion of the service provider.
(b) Installation of fully licenses copies of computer system optimization utilities chosen at the discretion of the service provider.
(c) Scheduled service provided by the service provider is conducted on a monthly basis recurring at a day and time established by the service provider.
(d) The service is limited to the following:
(i) Reviews of system, virus and spyware scan logs identifying vulnerability to system security. In the event a vulnerability is determined, the service provider will conduct basic corrections to the customers system to resolve the vulnerability. If extensive efforts are required to remediate virus, malware, and / or spyware infections beyond fundamental virus scans available to the installed virus protection the customer will be notified of the status prior to billing for the remediation.
(ii) At the time of the first scheduled service the service provider will conduct a PC hardware and software inventory to catalogue the installed Microsoft and other software and hardware component specifications. This scan is facilitated by software chosen at the discretion of the service provider. The reporting generated is made available to the customers and catalogued at the service provider office for review to assist in providing answers and advice to customers questions related to their PC configurations, upgrade capabilities and compatibility or other service assistance.
(iii) The service provider launches PC system optimizations using the installed utilities including operating system registry error checks and resolution, application corrections and system registry defragmenters. The optimizations are limited to the capability of the installed computer system optimization utilities chosen by the service provider.
(iiii) A 10% discount is made available by the service provider to the customers for services beyond what is described under this scope of service. The discount is limited to services performed remotely not exceeding $400.00 per service incident and excludes hardware sales.
2. Terms of service
(a) The minimum term of the service is one year. A prepayment or payment in full is required prior to, or at the time of first service via electronic payment method facilitated by the service provider website. The minimum term of service is one year and automatically renews annually. The service may be cancelled as specified in the “termination of service” section area of this Residential proactive remote services agreement. All payments rejected due to non-available funds, fraudulent use or misinformation provided by the customers are subject to the delinquency and NSF policy published at www.evolve-usa.com/policies.htm .
(b) A setup fee of Forty-Five Dollars ($45.00) is charged at the time of the first scheduled service the in addition to the annual or quarterly billing amount for each computer enrolled into the service agreement to cover initial software expenses and integration time. This one-time fee may be waived for customers maintaining continuous enrollment in the service without payment interruptions.
(c) The service automatically renews yearly and the payment method provided by the customer is automatically billed without notice. A receipt is generated via email to the customer at the time of renewal.
(d) Promotional offers and enrollment discounts are limited to new customers and are only applicable to service fees during the first year of enrolment to the service unless otherwise expressed in writing by the service provider. Any continuation or automatic renewal of the service after the first year will be billed at the standard service rate unless otherwise expressed in writing by the service provider.
3. Fees related to interruptions in service for late or non-payment
(a) Customers failing to provide payment prior to the annual or quarterly renewal date may be charged a reinstatement fee of forty-five dollars ($45.00) in addition to the annual or quarterly billing for time related expenses required for reconfiguration of software licensed exclusively to the service provider.
(b) Customers choosing to discontinue service and renew service at a later date causing disruption in service are treated as new customers and will be charged a setup fee as indicated in "Terms of Service"
4. Termination of service
The term of the service is a minimum period of one year and automatically renews each year unless canceled by either the customer or the service provider. The customer may cancel further recurrences of the service agreement and billing via email to [email protected] thirty days prior to the annual renewal date of the agreement. The service provider may terminate this agreement at any time with notice. In the event of service termination by the service provider, any over payment for services not yet provided will be refunded via electronic payment or check to the customers with a notice of service termination.
5. Changes to service
The service provider may change the terms and pricing of service at any time. In the event of a change to the scope or pricing of service, the changes become effective immediately at the completion of the customers current service period.
6. Service exclusions
The service provider excludes the following from this service agreement: (1)Discounts to or onsite services, (2)Hardware, hardware installation or hardware replacement services, (3) Correction to customers misuse of software or equipment resulting in negative consequence to overall system performance not correctable as part of this service agreement. (4)Corrections to intentional spyware software installed by the customers, (5)Proactive scheduled services after extensive hardware failure resulting in extensive delays in utility performance or repeated loss of connections to customers PC, (6) remediation of extensive virus, malware, and or spyware infections that are beyond the capability of the installed virus protection included in the service.
7. Limitation of Liability
The service provider is held harmless for any customer loss of data, hardware defects and application failures during and after the service resulting directly and indirectly from service provided to the customers.
Delinquency and NSF
(a) Payments are due on or before the time of service. A late payment penalty is assessed at a rate of 1.5% per month for amounts due beyond thirty days. A thirty-five dollar fee ($35.00) is assessed for checks or credit card transactions returned due to non-sufficient funds and or stop payment.
8. Customer requirements
(a) Internet connectivity
It is required that the customer maintain internet connectivity at all times throughout the service period to insure adequate connection speeds for reliable service procedures. The service provider is held without harm during and is not required to provide service during interruptions and / or reductions in performance of customer’s internet connectivity. The customer remains liable and continues to be billed throughout the service period regardless of the status of the internet connectivity.
(b) Connectivity at scheduled service date
The customer is responsible to insure the computer system is turned on and maintains an internet accessible connection at the established date of scheduled monthly service. The customer remains liable and is billed throughout the service period regardless of the customer’s inability to be available at the selected service appointment date or time.
(c) Application removal at end of service period
Virus, malware, and spyware protection is licensed exclusively to the service provider and is not at any time the property of the customer. The computer system optimization utilities are licensed exclusively to the service provider and are not at any time the property of the customer. At the end of the final service appointment, the customer is required to allow the service provider to un-install all utilities licensed to the service provider. Prevention or failure to allow the removal of the software licensed to the service provider results in an additional billing to the customer in the amount of $350.00 (three hundred fifty dollars) for each computer enrolled to the service.
9. Virus removal policy
Our policy is that your data is our first priority. We understand that sometimes your data or documents are irreplaceable. This being the case we take every precaution to insure data remains safe. All virus scans are set to first clean infected files of virus infection if possible. The unfortunate truth is that sometimes files cannot be cleaned and must be deleted to remove infections from a system. Files that are unable to be cleaned of infection will be deleted. If infection is detected and files are required to be deleted to remove infection from a PC or server, it is sometimes required that applications or operating systems must be re-installed to function correctly after a virus removal process. The service provider is not responsible to re-install applications or operating systems corrupted as a result of a virus removal. At the customer request installation can be provided for additional fees as indicated under standard service pricing. The service provider will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
