Proviacy Policy – Terms & Conditions:
Last Updated 03/01/12

The following are the terms and conditions for use of Fixit99.com and its services. Please read them carefully. Our Service is offered to you with the condition that you accept without modification the terms and conditions contained herein. Fixit99 (the company) may change these Terms of Service at any time, with or without notice. Accordingly, you should return to this Website often to check for changes to the Terms of Services. You understand that by using the Service after a change becomes effective, you have agreed to it. By purchasing Services from the company, you are indicating your agreement to be bound by all of the terms and conditions set forth in this document.

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF Fixit99 COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Fixit99. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

NO MATERIAL WITHIN THIS SITE MAY BE COPIED, IN ANY FORM, FOR PUBLIC, PRIVATE, OR COMMERCIAL USE.

1. GENERAL
These Terms of Service (the “Agreement”) are entered into by and between you, the customer (personally and/or on behalf of your employer, as applicable) (“you”, “your” or “Subscriber”) and Fixit99 (“Fixit99”, “us” or “we”). You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online, by telephone or on-site (see Paragraph 4); or (c) your use of the Service (see Paragraph 2). This Agreement is made up of the terms below.

2. DEFINITION OF SERVICE
For purposes of this Agreement, the term “Service” shall mean the Fixit99 Remote PC Services service, including all technical support, usenet newsgroups, email and other features, products and services provided by Fixit99 under the service option that you have selected. The Service may be referred to as, “Remote Computer Support”, “Virtual On-Site Computer Support Service”, “On-Site Computer Support Service”, “Online Computer Support”, “Drop-Off Computer Support”

3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that Fixit99 relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your customer account. You agree to promptly notify Fixit99 whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).

You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission.

If you pre-purchase or subscribe to any Fixit99 Services: You may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by Fixit99.

Fixit99 reserves the right to charge an additional fee to perform additional services if additional services are required at time of call. Fixit99 may require you to install certain software to assist Fixit99 in the provision of the Services. Fixit99 reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify or disable the software, or its settings or configurations.

4. PRIVACY POLICY
Your privacy is important to Fixit99. Fixit99 will treat your personal information in accordance with its current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes Fixit99’s use and disclosure of information about you, your account and your use of the Service. To ensure customer service and quality assurance, all remote computer sessions and telephone calls with Fixit99 personnel will be recorded, stored, and monitored.

5. AVAILABILITY OF SERVICE
The Service you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Computer Support, we will qualify your Internet connection for the minimum line rate (speed) available for support based on our standard line qualification procedures. All Services are provided on an AS IS basis. Line rate, access and availability of Service are not guaranteed.

Fixit99 or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

Fixit99 will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of Fixit99’s control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in Fixit99’s ability to schedule a service session. You hereby release Fixit99 from any and all liability, and agree that Fixit99 shall not be liable to you or any third party for any direct or indirect damages, resulting from such delays.

6. SOFTWARE LICENSES AND THIRD PARTY SERVICES
In connection with our Service, we may provide to you, via download, CD, other media, or other delivery method the use of certain software which is owned by Fixit99 or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software (“Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose.

The Software may be accompanied by an end user license agreement from Fixit99 or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

With regard to any Software for which your acceptance of a separate license agreement is not required (“Fixit99 Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Fixit99 to use the Fixit99 Software (and any corrections, updates and upgrades). You may not make any copies of the Fixit99 Software. You agree that the Fixit99 Software is the confidential information of Fixit99 or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Fixit99 Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Fixit99 or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Fixit99 Software, or otherwise reduce the Fixit99 Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Fixit99 Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Fixit99 Software. You acknowledge that this license is not a sale of intellectual property and that Fixit99 or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Fixit99 Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the Fixit99 Software is strictly prohibited.

Third Party Software: As part of the Services, Fixit99 may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Fixit99 assists you in the acquisition, installation, and/or use of Third Party Software. Fixit99 has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

We provide technical assistance and support for the Software and the Fixit99 Software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

Your license to use the Software and the Fixit99 Software shall remain in full force and effect unless and until terminated by Fixit99, its third party licensors, providers or suppliers, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the Software and the Fixit99 Software and immediately delete the Software and the Fixit99 Software from your computer.

Other Third Party Agreements: As part of the Services, Fixit99 may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Fixit99 may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Fixit99’s sole discretion, result in the termination of your customer account and use of service.

7. PRICING AND PAYMENT
Pricing and Fees. Fixit99 fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the Fixit99 web site at Service Options unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Monthly recurring charges (subscription plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. Fixit99 or its agent will bill you directly, or charge your credit card, as you request and as approved by Fixit99.

Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time in the placement of Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.

Late Fees. If any portion of your bill is not paid by the due date, Fixit99 may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. In the event Fixit99 utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.

Local telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.

You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service. For our Fixit Fleixible monthly service, you agree to a 6 month minimum term. Cancellation fee of the remaining balance will be applied if cancelled prior to the 6 month date. You must manually contact Fixit99 after the six month period to cancel services, otherwise services will continue to be billed at your monthly rate until cancelled. You must send an email to cancel@fixit99.com to request cancellation of your service.

The waiver of any fees or charges lies solely at the discretion of Fixit99.

Guarantee on Service. Fixit99 will guarantee the work preformed by a technician for 14 days at no additional charge. Each problem is documented and only the same problem will be covered under the 14 day term.

8. LIMITATIONS ON USE OF THE SERVICE
You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.

You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Fixit99 and Fixit99 is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that Fixit99 does not own or control all of the various facilities and communications lines through which service may be provided, nor does Fixit99 guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Fixit99.

You agree that Fixit99 cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.

You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Fixit99 is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

You are not authorized to use any Fixit99 name or mark (including ‘Fixit99’) as a hypertext link to any Fixit99 Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Fixit99. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply Fixit99’s approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. Fixit99 Affiliates may use the Fixit99 name and link to the Fixit99 web site solely in accordance with the terms and conditions of the Fixit99 Affiliate Program.

9. WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY Fixit99 (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), Fixit99 (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Fixit99 OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF Fixit99 COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

Fixit99 RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

You agree to defend, indemnify and hold harmless Fixit99 from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and Fixit99 with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.