TERMS OF SERVICE and GENERAL TERMS

The following terms of use apply only to the services purchased from GeekedIT.com.

Errors on and Changes to our website

Despite our efforts to ensure that the information on our website is accurate there may be instances when information about a Service contains inaccurate or incomplete data, including data about the Service's price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.

Damages

In no event shall GeekedIT.com agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Governing law

These terms are governed and construed by the laws of the Commonwealth of California without regard to its conflict of law rules. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect.

CONDITIONS FOR SERVICE

Acceptance of the Services

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 or by telephone; or (c) your use of the Service. This Agreement is made up of the terms below and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement sets forth the terms and conditions under which you agree to use the Service and under which GeekedIT.com agrees to provide the Service to you.

Authorized User, Use and Responsibilities

You represent that: (1) 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; (2) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (3) the information you supply to us is correct and complete. You understand that GeekedIT.com relies on the information you supply and that providing false or incorrect information may result in Service withholding, delays, suspension or termination of your customer account. You agree to promptly notify GeekedIT.com whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).

Availability of Service and Liability

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.It is your responsibility to ensure that you have adequate connectivity to the Internet. All Services are provided on an AS IS basis. Line rate, access and availability of Service are not guaranteed. GeekedIT.com, 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.

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

TERMINATION OF SERVICE

Term and Termination 

This Agreement goes into effect upon your acceptance of this Agreement and shall continue until terminated by either party as permitted by this Agreement.

Pay-as-you-go or Subscription Service.

If you are a pay-as-you-go or subscription service customer, either you or GeekedIT.com may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Activation or set-up fees paid at the initiation of your service, if any, are not refundable. Termination by GeekedIT.com shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by GeekedIT.com for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any software that you acquire and install from GeekedIT.com may cease to operate, update or function properly after termination of the GeeKedIT.com service.

Termination and/or Suspension by GeekedIT.com

If, in the sole discretion of GeekedIT.com: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, GeekedIT.com's network, or the use and enjoyment of other users; (c) GeekedIT.com receives an order from a court to terminate your Service; (d) if GeekedIT.com for any reason ceases to offer the Service; (e) if you are no longer a GeekedIT.com customer, or (f) GeekedIT.com determines that you are abusing the Service or using the Service excessively then, GeekedIT.com at its sole election may terminate or suspend your Service immediately without notice.

Terminated Account

GeekedIT.com in its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.

PRICING AND PAYMENT

Pricing and Fees

GeekedIT.com fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the GeekedIT.com web site 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 and pre-purchase plans will be billed in advance, if applicable. GeekedIT.com or its agent will bill you directly, or charge your credit card, as you request and as approved by GeekedIT.com reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service.

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, GeekedIT.com may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event GeekedIT.com 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.

Change in Service

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.

Missed Appointments

If you do not contact GeekedIT.com a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at GeekedIT.com's option, a missed appointment fee according to the following schedule: Physical On-Site Computer Support: $60 missed appointment fee Remote Computer Support: $25 service fee that is converted into 15 minutes of remote support and added to your account for future use.

Service Without Resolution

GeekedIT.com will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If GeekedIT.com is unable to resolve your computer problem, you will still be liable for charges for time spent by GeekedIT.com in an attempt to correct a problem. If we are Unable to Create Online Connection GeekedIT.com will not charge you if GeekedIT.com cannot connect with your computer in attempt to provide remote computer support service.

Waiver

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

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 GeekedIT.com and GeekedIT.com 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 GeekedIT.com does not own or control all of the various facilities and communications lines through which service may be provided, nor does GeekedIT.com guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by GeekedIT.com.

You agree that GeekedIT.com 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. GeekedIT.com is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

You are not authorized to use any GeekedIT.com name’s or mark’s as a hypertext link to any Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of GeekedIT.com. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply GeekedIT.com'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. GeekedIT.com Affiliates may use the GeekedIT.com name and link to the GeekedIT.com web site solely in accordance with the terms and conditions of the GeekedIT.com.

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 GeekedIT.com AND/OR ITS AUTHORIZED SERVICE PROVIDERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), GeekedIT.com (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES AND AGENTS), 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 PLUMCHOICE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF GeekedIT.com COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

GeekedIT.com DOES NOT WARRANT THAT THE SERVICE PROVIDED BY GeekedIT.com OR ITS AUTHORIZED SERVICE PROVIDERS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. GeekedIT.com SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. GeekedIT.com MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. GeekedIT.com MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL GeekedIT.com (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF GeekedIT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO GeekedIT.com'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH GeekedIT.com (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), GeekedIT.com'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

GeekedIT.com 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.

Indemnification

You agree to defend, indemnify and hold harmless GeekedIT.com 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.

Notices

Notices required under this Agreement by you shall be provided to the GeekedIT.com Customer Service Department. Notices by GeekedIT.com to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

With regard to electronic communications, you and GeekedIT.com further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

General Provisions

All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

GeekedIT.com will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

You and GeekedIT.com agree that the substantive laws of the Commonwealth of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND GeekedIT.com CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN RICHMOND, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is GeekedIT.com or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.

In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.

GeekedIT.com's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

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 GeekedIT.com 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.


You're Signature:_________________________________  Date:__________________