Service policy and procedures
Introductory offers and promotions
Introductory offers and promotional offers are for demonstration purposes only and are limited to first time customers unless expressly written otherwise by authorized staff of evolve technology & service solutions, LLC . Only one computer per household can participate in introductory offers and limited to a single use. Single use is a single uninterrupted support session limited to fifteen minutes. If additional time is required to complete service, the technician providing service will notify the customer of the expiration of free service and the price for continuation currently set at forty-five dollars per hour with a one hour minimum charge. Standard remote service fees
Standard remote service fees apply to non-introductory or promotional offers. Current fees are set at sixtydollars per hour with a one hour minimum charge. A prepayment or payment in full is required at the time of service via electronic payment method facilitated by our website. All payments rejected due to non-available funds, fraudulent use or misinformation provided by the customer are subject to the delinquency and NSF policy published at https://evolve-usa.weebly.com/service-policies-and-proceedures.html.
Delinquency and NSF
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 returned due to non-sufficient funds and or stop payment.
Product returns and exchanges
Any computer or server returned for credit is assessed a twenty percent (20%) restocking fee. Returns are reviewed on a case by case basis and are not applicable to used or opened equipment. Only unused components, PCs, servers and or software can be returned for credit. No returns are accepted after thirty days from the original purchase. Proof of purchase is required for all returns.
Service cancellations / Managed service cancellations
Managed services rely upon third party utilities and optimization tools. These applications must be removed from a PC or Server at the end of managed service term. Evolve Technology & Service Solutions, LLC must be grated access to the PC or Server as part of the expiration of a managed service period to ensure any and all recurring fees related to the service of the relevant PC or Server is canceled at the end of a managed service period. Failure to allow the removal or un-installation of any of these applications will result in a billing to the customer for a period of up to one additional year continuation of the prior enrolled managed service. Managed service is prepaid on a yearly basis and there is no prorated return amount. The service is Non-Refundable.
Product returns for credit
Customers returning Items to evolve technology & service solutions, LLC will receive a credit on their account to be applied towards further purchases or services provided. Refunds are available only upon request by the customer. Refunds are issued after adequate time is allowed for the processing of the customer's original payment. If the original payment provided by the customer was made by check, a refund will be available after fifteen (15) days from the original payment date. If the original payment provided by the customer was made by credit card, a refund will be available after seven (7) days from the original payment date. There is a minimum five percent (5 %)processing fee for any and all returns.
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 can not 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. Evolve technology & service solutions, LLC is not responsible to re-install applications or operating systems corrupted as a result of virus removal. At the customer request installation can be provided for additional fees as indicated under standard service pricing. Evolve technology & service solutions, LLC will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
For further information on viruses and how they effect a computer, click here.
Managed services policy
Optimizer
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.
Enhanced
Terms and conditions Section 1.01 Definitions
(a) The “SA Enhanced Proactive Service” hereinafter referred to as the service, is provided by “evolve technology and service solutions, LLC” hereinafter referred to as the service provider, to residential and small business customers hereinafter referred to as customer, on a prepaid basis.
(b) The service provides proactive maintenance, health monitoring, and reactive service to the enrolled PC hereinafter referred to as the system.
(c) The inclusions and limitations of the service are defined in sections 1.04 and 1.05.
(d) Normal hours of operation is Monday through Friday 9:00AM to 5:00 PM excluding holidays.
Section 1.02 Billing and Cost of service
(a) Service Fee - 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 cost of service is Six Hundred Dollars ($600) per year.
(b) Billing Statements - A statement is provided to the customer at the time of the initial enrolment as well as at the time of renewal itemizing the service fees paid by the customer. The statement is sent to the email address provided by the customer at the time of enrolment to the service.
(c) Service Renewal - The service automatically renews yearly. The payment method provided by the customer is billed without notice at the expiration of the annual term. A statement is generated via email to the customer at the time of renewal reflecting the charges for the service.
(d) Service Cancelation - 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 overpayment for services not yet provided will be refunded via electronic payment or check to the customers with a notice of service termination.
(e) Delinquency and NSF - 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.
Section 1.03 Customer requirements
(a) Payment method on file is required – The licensing of software utilities is prepaid by the service provider. It is required that customers provide current credit card information for continued service.
(b) Internet connectivity / System Accessibility - It is required that the customer maintain high-speed internet connectivity 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.
(c) System availability at scheduled optimizations - 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.
(d) Removal of licensed software - Virus, malware, and spyware protection is licensed exclusively to the service provider and is not at any time the property of the customer. The 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.
(e) Service interruptions and prevention due to customer use of system – The service provider will generate email notifications reminders to customers notifying them of upcoming scheduled maintenance dates. If the customer is using the system at the time of the scheduled service, and chat window is launched by the service provider asking permission to conduct service. If the customer does not respond or closes the chat session, the scheduled service will be suspended until the next scheduled service date. If service is required in response to a critical issue, the customer is contacted via email and phone to advise them of the necessity of a service appointment.
Section 1.04 Scope of service - Service Inclusions
(a) Proactive services
1) Virus Protection - The service provides business-class virus protection by Microsoft. It is the same Microsoft malware protection engine used by Forefront Endpoint Protection. If the Microsoft product id discontinued by Microsoft, an alternate will be chosen at the discretion of the service provider
2) Monthly optimizations - The service provider provides monthly 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.
3) Health Monitoring – During the service period the service provider monitors system health including virus protection status, availability and installation of critical security updates, critical events and errors generated by the system and potential hardware failures. The monitoring is limited to the capabilities of the system design. Notifications are configured to alert the service provider via email and to a central console in the event of critical issues.
4) Backup Management – Offsite backup management service is provided by the service provider using third party solutions chosen at the discretion of the service provider. The storage space is limited to 2GB under this agreement. If additional storage is required alternative solutions may be offered by the service provider. If a customer has a backup solution pre-configured, the service provider will monitor the results of the existing backup procedure to make necessary reconfigurations or adjustments as needed to help insure successful backups are conducted.
(b) Reactive services
1) Corrections to critical issues - The service provider will take corrective actions in response to notifications of critical issues generated by the monitoring utilities. Resolution to critical issues is provided during hours of operation. If necessary the service provider will contact the customer to advise them of actions they need to take to resolve the issue.
2) Free telephone support – Throughout the term of service, the service provider will provide the customer limited telephone assistance. . Telephone support is provided during normal hours of operation and is limited to fifty (20) incidents during each service term.
3) No charge shop service – Throughout the term of service, the service provider will provide the customer limited shop service. Shop service is service performed at the service provider place of business and is provided during normal hours of operation and is limited to ten (10) incidents during each service term.
4) No charge remote services – Throughout the term of service, the service provider will provide the customer limited remote service beyond the scheduled maintenance as needed. Remote service is service performed during normal business hours via internet gateway from the service provider place of business. Remote service is limited to ten (10) incidents during each service term.
Section 1.05 Scope of Service - Service Limitations
The service provider limits or excludes the following from the service: (
a) Onsite services – Service physically provided at customer location is not included within this service
(b) System Hardware and components – Replacement parts and computer systems are not provided within this service.
(c) Protection from customer misuse or negligence - Correction to customers misuse of software or equipment resulting in irreparable damage to the system are not provided within this service.
(d) Corrections to malicious software intentional installed by the customer - the service provider may discontinue service to the customer if it is determined that the customer repeatedly installs malicious and harmful software to the system. Service will resume when it is determined the customer ceases the intentional installation of malicious software.
(e) Proactive scheduled services after extensive hardware failure – If a system requires hardware replacement to establish serviceability, the service will be suspended until the system is repaired or replaced.
(f) Free telephone support –Telephone support is provided only during normal hours of operation and is limited to fifty (24) incidents during each service term. The service does not provide free support beyond this.
(g) Incidental shop service - Throughout the term of service, the service provider will provide the customer limited shop service. Shop service is service performed at the service provider place of business and is provided during normal hours of operation and is limited to ten (10) incidents during each service term. The service does not include shop service beyond this.
(h) Incidental remote service - Throughout the term of service, the service provider will provide the customer limited remote service as needed beyond the scheduled maintenance. Remote service is service performed during normal business hours via internet gateway from the service provider place of business. Remote service is limited to ten (10) incidents during each service term.
(i) System hardware - The service provider is not responsible for replacement of hardware devices and components necessary for system repair.
(j) Software - The service provider does not provide software beyond what is defined in section 1.04 Scope of service.
(k) Service interruptions and prevention due to customer use of system - If the customer is using the system at the time of scheduled maintenance, a text notification is generated by the service provider asking permission to conduct service on the system. If the customer fails to respond or closes the request, the service is suspended until the next scheduled service date. In the event of a critical issue, an attempt to contact the customer via phone will be made by the service provider.
Section 1.06 Limited 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. The service provider will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
Section 1.07 Virus removal - 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 will re-install applications or operating systems corrupted as a result of a virus removal as part of the incidental service as described in section 1.04 and 1.05. The service provider will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
Section 1.08 Reliance on third party applications – Features of the service are reliant upon third party applications providers. The service provider cannot control availability or changes made by third parties to the products facilitated within the scope of the service. If alternate solutions are determined necessary in response to third party discontinuance of existing relied upon software, alternate solutions will be made to the best ability of the service provider. If alternate solutions are necessary for continued service, they will be selected at the discretion of the service provider based upon the capability and cost effectiveness of the solution.
Section 1.09 Changes to service - The service provider may make changes to the terms of the service to clarify or add features of the service definition. In the event of a change to the scope or pricing of residential service, the changes become effective immediately at the completion of the customers current service period.
Section 1.10 Transfer of service - The customer may transfer the service to an alternate system under the following conditions. The system enrolled to the service is no longer operational and has been replaced with an alternate system. The fee to transfer software licensed to an alternate system is Seventy-five dollars ($75)
Introductory offers and promotions
Introductory offers and promotional offers are for demonstration purposes only and are limited to first time customers unless expressly written otherwise by authorized staff of evolve technology & service solutions, LLC . Only one computer per household can participate in introductory offers and limited to a single use. Single use is a single uninterrupted support session limited to fifteen minutes. If additional time is required to complete service, the technician providing service will notify the customer of the expiration of free service and the price for continuation currently set at forty-five dollars per hour with a one hour minimum charge. Standard remote service fees
Standard remote service fees apply to non-introductory or promotional offers. Current fees are set at sixtydollars per hour with a one hour minimum charge. A prepayment or payment in full is required at the time of service via electronic payment method facilitated by our website. All payments rejected due to non-available funds, fraudulent use or misinformation provided by the customer are subject to the delinquency and NSF policy published at https://evolve-usa.weebly.com/service-policies-and-proceedures.html.
Delinquency and NSF
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 returned due to non-sufficient funds and or stop payment.
Product returns and exchanges
Any computer or server returned for credit is assessed a twenty percent (20%) restocking fee. Returns are reviewed on a case by case basis and are not applicable to used or opened equipment. Only unused components, PCs, servers and or software can be returned for credit. No returns are accepted after thirty days from the original purchase. Proof of purchase is required for all returns.
Service cancellations / Managed service cancellations
Managed services rely upon third party utilities and optimization tools. These applications must be removed from a PC or Server at the end of managed service term. Evolve Technology & Service Solutions, LLC must be grated access to the PC or Server as part of the expiration of a managed service period to ensure any and all recurring fees related to the service of the relevant PC or Server is canceled at the end of a managed service period. Failure to allow the removal or un-installation of any of these applications will result in a billing to the customer for a period of up to one additional year continuation of the prior enrolled managed service. Managed service is prepaid on a yearly basis and there is no prorated return amount. The service is Non-Refundable.
Product returns for credit
Customers returning Items to evolve technology & service solutions, LLC will receive a credit on their account to be applied towards further purchases or services provided. Refunds are available only upon request by the customer. Refunds are issued after adequate time is allowed for the processing of the customer's original payment. If the original payment provided by the customer was made by check, a refund will be available after fifteen (15) days from the original payment date. If the original payment provided by the customer was made by credit card, a refund will be available after seven (7) days from the original payment date. There is a minimum five percent (5 %)processing fee for any and all returns.
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 can not 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. Evolve technology & service solutions, LLC is not responsible to re-install applications or operating systems corrupted as a result of virus removal. At the customer request installation can be provided for additional fees as indicated under standard service pricing. Evolve technology & service solutions, LLC will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
For further information on viruses and how they effect a computer, click here.
Managed services policy
Optimizer
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.
Enhanced
Terms and conditions Section 1.01 Definitions
(a) The “SA Enhanced Proactive Service” hereinafter referred to as the service, is provided by “evolve technology and service solutions, LLC” hereinafter referred to as the service provider, to residential and small business customers hereinafter referred to as customer, on a prepaid basis.
(b) The service provides proactive maintenance, health monitoring, and reactive service to the enrolled PC hereinafter referred to as the system.
(c) The inclusions and limitations of the service are defined in sections 1.04 and 1.05.
(d) Normal hours of operation is Monday through Friday 9:00AM to 5:00 PM excluding holidays.
Section 1.02 Billing and Cost of service
(a) Service Fee - 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 cost of service is Six Hundred Dollars ($600) per year.
(b) Billing Statements - A statement is provided to the customer at the time of the initial enrolment as well as at the time of renewal itemizing the service fees paid by the customer. The statement is sent to the email address provided by the customer at the time of enrolment to the service.
(c) Service Renewal - The service automatically renews yearly. The payment method provided by the customer is billed without notice at the expiration of the annual term. A statement is generated via email to the customer at the time of renewal reflecting the charges for the service.
(d) Service Cancelation - 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 overpayment for services not yet provided will be refunded via electronic payment or check to the customers with a notice of service termination.
(e) Delinquency and NSF - 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.
Section 1.03 Customer requirements
(a) Payment method on file is required – The licensing of software utilities is prepaid by the service provider. It is required that customers provide current credit card information for continued service.
(b) Internet connectivity / System Accessibility - It is required that the customer maintain high-speed internet connectivity 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.
(c) System availability at scheduled optimizations - 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.
(d) Removal of licensed software - Virus, malware, and spyware protection is licensed exclusively to the service provider and is not at any time the property of the customer. The 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.
(e) Service interruptions and prevention due to customer use of system – The service provider will generate email notifications reminders to customers notifying them of upcoming scheduled maintenance dates. If the customer is using the system at the time of the scheduled service, and chat window is launched by the service provider asking permission to conduct service. If the customer does not respond or closes the chat session, the scheduled service will be suspended until the next scheduled service date. If service is required in response to a critical issue, the customer is contacted via email and phone to advise them of the necessity of a service appointment.
Section 1.04 Scope of service - Service Inclusions
(a) Proactive services
1) Virus Protection - The service provides business-class virus protection by Microsoft. It is the same Microsoft malware protection engine used by Forefront Endpoint Protection. If the Microsoft product id discontinued by Microsoft, an alternate will be chosen at the discretion of the service provider
2) Monthly optimizations - The service provider provides monthly 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.
3) Health Monitoring – During the service period the service provider monitors system health including virus protection status, availability and installation of critical security updates, critical events and errors generated by the system and potential hardware failures. The monitoring is limited to the capabilities of the system design. Notifications are configured to alert the service provider via email and to a central console in the event of critical issues.
4) Backup Management – Offsite backup management service is provided by the service provider using third party solutions chosen at the discretion of the service provider. The storage space is limited to 2GB under this agreement. If additional storage is required alternative solutions may be offered by the service provider. If a customer has a backup solution pre-configured, the service provider will monitor the results of the existing backup procedure to make necessary reconfigurations or adjustments as needed to help insure successful backups are conducted.
(b) Reactive services
1) Corrections to critical issues - The service provider will take corrective actions in response to notifications of critical issues generated by the monitoring utilities. Resolution to critical issues is provided during hours of operation. If necessary the service provider will contact the customer to advise them of actions they need to take to resolve the issue.
2) Free telephone support – Throughout the term of service, the service provider will provide the customer limited telephone assistance. . Telephone support is provided during normal hours of operation and is limited to fifty (20) incidents during each service term.
3) No charge shop service – Throughout the term of service, the service provider will provide the customer limited shop service. Shop service is service performed at the service provider place of business and is provided during normal hours of operation and is limited to ten (10) incidents during each service term.
4) No charge remote services – Throughout the term of service, the service provider will provide the customer limited remote service beyond the scheduled maintenance as needed. Remote service is service performed during normal business hours via internet gateway from the service provider place of business. Remote service is limited to ten (10) incidents during each service term.
Section 1.05 Scope of Service - Service Limitations
The service provider limits or excludes the following from the service: (
a) Onsite services – Service physically provided at customer location is not included within this service
(b) System Hardware and components – Replacement parts and computer systems are not provided within this service.
(c) Protection from customer misuse or negligence - Correction to customers misuse of software or equipment resulting in irreparable damage to the system are not provided within this service.
(d) Corrections to malicious software intentional installed by the customer - the service provider may discontinue service to the customer if it is determined that the customer repeatedly installs malicious and harmful software to the system. Service will resume when it is determined the customer ceases the intentional installation of malicious software.
(e) Proactive scheduled services after extensive hardware failure – If a system requires hardware replacement to establish serviceability, the service will be suspended until the system is repaired or replaced.
(f) Free telephone support –Telephone support is provided only during normal hours of operation and is limited to fifty (24) incidents during each service term. The service does not provide free support beyond this.
(g) Incidental shop service - Throughout the term of service, the service provider will provide the customer limited shop service. Shop service is service performed at the service provider place of business and is provided during normal hours of operation and is limited to ten (10) incidents during each service term. The service does not include shop service beyond this.
(h) Incidental remote service - Throughout the term of service, the service provider will provide the customer limited remote service as needed beyond the scheduled maintenance. Remote service is service performed during normal business hours via internet gateway from the service provider place of business. Remote service is limited to ten (10) incidents during each service term.
(i) System hardware - The service provider is not responsible for replacement of hardware devices and components necessary for system repair.
(j) Software - The service provider does not provide software beyond what is defined in section 1.04 Scope of service.
(k) Service interruptions and prevention due to customer use of system - If the customer is using the system at the time of scheduled maintenance, a text notification is generated by the service provider asking permission to conduct service on the system. If the customer fails to respond or closes the request, the service is suspended until the next scheduled service date. In the event of a critical issue, an attempt to contact the customer via phone will be made by the service provider.
Section 1.06 Limited 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. The service provider will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
Section 1.07 Virus removal - 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 will re-install applications or operating systems corrupted as a result of a virus removal as part of the incidental service as described in section 1.04 and 1.05. The service provider will be held harmless for any negative outcome, data loss or system instability resulting from the removal of virus infected files.
Section 1.08 Reliance on third party applications – Features of the service are reliant upon third party applications providers. The service provider cannot control availability or changes made by third parties to the products facilitated within the scope of the service. If alternate solutions are determined necessary in response to third party discontinuance of existing relied upon software, alternate solutions will be made to the best ability of the service provider. If alternate solutions are necessary for continued service, they will be selected at the discretion of the service provider based upon the capability and cost effectiveness of the solution.
Section 1.09 Changes to service - The service provider may make changes to the terms of the service to clarify or add features of the service definition. In the event of a change to the scope or pricing of residential service, the changes become effective immediately at the completion of the customers current service period.
Section 1.10 Transfer of service - The customer may transfer the service to an alternate system under the following conditions. The system enrolled to the service is no longer operational and has been replaced with an alternate system. The fee to transfer software licensed to an alternate system is Seventy-five dollars ($75)
