TECHNICAL SUPPORT AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Thank you for visiting the website of Imaging Network Technology, LLC (the “Website”) and for your interest in using our services. IF YOU DECIDE TO USE OUR SERVICES, THIS IS THE AGREEMENT THAT WILL GOVERN THE SERVICES WE PROVIDE AND THE LEGAL RELATIONSHIP THAT WILL BE ESTABLISHED. AGAIN, IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING AND UNDERSTAND THE AGREEMENT YOU ARE ENTERING INTO.
This Agreement for Technical Support Services (the “Agreement”) is entered into by and between the entity and/or individual ordering the Service (“you”, “your” or “customer”) and Imaging Network Technology, LLC (“we,” “us,” “our” or “NTL”). The Agreement will be binding on you and on us and on anyone who, through you, is a beneficiary or user of our Services (the “Users”); which is why we want you to understand its terms and conditions.
1. OUR SERVICES
Our Services may be provided to you in numerous ways: (i) via remote control session, online chat or email through a computer link between your computer and ours, (ii) by telephone, or (iii) if you are located in our expanding Service Area, we may, at your request, send our employees or representatives to provide Services at your location (a “Service Visit”). This Agreement will govern all of these computer and technical support services, any other services you ask us to provide and any software products (the “Software”), materials and equipment necessary to resolve your Service Call and any Software, materials equipment or other products you otherwise elect to purchase from us (collectively the “Products”) Please note that all of the Services, Software and Products we provide are collectively called our “Services” in this Agreement. In providing our Services, we will use commercially reasonable efforts to answer your technical support questions and address your technology problems.
2. OUR FEES
We will provide our Services for the fee or fees described at our Website; or as quoted to you over the telephone or during our Service Call to your location. Our Services are available on a one-time fee basis ("Individual Services"). They are also available on a subscription basis, which, for a recurring fee, will entitle you to more than one Service over a set period of time ("Subscription Services").
3. YOUR RESPONSIBILITIES
You must comply with the provisions of this Agreement. You must also actively cooperate with us and our representative, promptly respond to our requests for information and comply with our requests to take those actions that we believe will help you resolve your technology problem(s). For remote support and other Services, you may need to downloading and, subject to the Software’s license, use specified Software on your computer. Implicit with each request or use you make of our Services will be your representation and warranty that: (i) you are at least 18 years of age; (ii) you have the right, capacity and necessary authorization(s) to be legally bound by this Agreement and bind any business or entity that you represent; (iii) you have read and agree to any additional Terms and Conditions and Privacy Policy we may have posted at our Website, (iv) you will comply with all and all of the laws, treaties, rules and regulations that may be applicable to your use of the Software or our Services, (v) any information you have submitted or will submit to us is correct and reasonably complete, (vi) any payment or credit card information you provide to us is correct and that you will pay our fees in accordance with the provision of this Agreement.
4. AUTHORIZATION TO ACCESS YOUR COMPUTER
For our remote support, monitoring and other specified Services, you are authorizing us to access and control your computer as may be required to diagnosis and repair specified problems, to perform ongoing monitoring, updating and maintenance, and for other Services as required. In connection with these Services, you are authorizing us (i) to gather system information, (ii) to take remote control over your computer, (iii) to access and modify your computer’s settings, (iv) to download, install and use software on your computer, and (v) take any other actions we believe are appropriate to perform our Services for you.
5. SOFTWARE AND TOOLS
As noted above, we may need to download, install and/or run software on your computer to (i) helps us diagnose and resolve your technology problem, (ii) to remotely control your computer and modify its settings or software, (iii) to provide utilities and other tools that may improve your computer’s performance and/or resolve your technology problem and/or (iv) to provide you with applications and functionality that you have requested (collectively the “Software”). Some of the Software will be of our creation and other Software will be from third-party vendors. Our Software will be subject to the license provisions outlined below. All third-party Software will be subject to the license provisions of the Vendor that may appear or be referenced when the Software is accessed or installed. Occasionally, trial versions of Software may be installed that will stop functioning after some period of time. In requesting our Services, you have authorized us to use our reasonable discretion in selecting Software on your behalf which we believe is appropriate to you needs and have authorized us to agree, on your behalf, to such licensing terms and conditions the Software may require. We do not need your prior permission to install or use any Software on your computer unless a specific license fee for the Software will be imposed. Please note that we reserve the right to remove Software from your computer if we believe your need for the Software has ended, however we are not assuming any obligation to do so and will incur no liability if we do not.
6. SECURITY
We will use commercially reasonable security measures to communicate with you and to deliver our Services to you. However, you hereby acknowledge and agree that no data transmissions that we or you initiate or any computer that is connected to the Internet can be guaranteed to be 100% secure or free from unauthorized interception or intrusion.
If you register or otherwise receive our Services online, you will receive and/or select a User Name and Password. You are responsible for maintaining the confidentiality of any Password and account information you receive from us. You must notify us immediately if you even suspect there has been any unauthorized disclosure or use of your password or other account information and, until you do so, you will be responsible for all charges your account may incur.
You are responsible for maintaining current and functional antivirus software on your computer. Your failure to maintain such software may result in additional charges and fees. Additionally, our Service Warranty will not become effective until after antivirus software has been installed and our antivirus software scans show your computer to be free of viruses, spyware, malware and other malicious code.
In no event will we be liable for any unauthorized use of our Services, for any Services we may, in good faith, provide, for interception or loss of any data or information that could occur, or any intrusion and damage to your computer may occur.
7. INFORMATION WE MAY COLLECT AND ITS CONFIDENTIALITY
Your communications with us, the information we collect in performing our Services and the Services we provide may be retained, recorded, and/or monitored for billing, customer service, internal training, market research and other proper business purposes; and you hereby authorize us to collect and use this information for these purposes. You further authorize us to use any information we collect as necessary or appropriate to provide our Services, to collect our fee(s), to defend ourselves or to improve our future Services to you. Additionally, we may disclose your information to our consultants or subcontractors; but only on a need-to-know basis and only to further the purposes of this Agreement. We reserve the right to use any technical information we derive from providing the Services for problem resolution, troubleshooting, product functionality enhancements and fixes, and for our knowledge base. We are also authorized to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes. We agree not to identify you or disclose any of your confidential information in any item in the knowledge base. However, you hereby authorize us to use or disclose any information we collect as necessary or appropriate to satisfy any law, regulation or other governmental request.
8. FEES AND PAYMENT
You agree to pay the our fee for the Services and agree to provide accurate credit card and/or other payment information for this purpose.
For Individual Services, the applicable fee or fees are due and payable at the time the Service is provided.
For Subscription Services, the applicable fees will depend on the type of subscription that you purchase and the duration of your subscription. An initial, non-refundable, set-up fee will apply to all Subscription Services. At the end of each subscription period, the Subscription Service you selected will, unless you cancel in advance, automatically renew at the then applicable subscription rate for an identical time period.
Any fees or charges which are not paid within five days of when due will be subject to an interest charge of one percent per month compounded from the original due date. Any fee or charge that is more than thirty days past-due will be subject to a five percent late fee. You agree to pay all of our collection charges, including our reasonable attorney’s fees, and any post-judgment collection costs that we may incur.
9. SERVICE AVAILABILITY AND LIMITATIONS
Our Services may not always be available. For example, availability may not be in every time zone or geographic location. It may also be unavailable due to system maintenance or Internet service disruptions. In no event will we be liable should any service interruptions occur.
Although we try to support all of the technology that our customers typically use, there are limits to the technology we can support. Also some Services may involve minimum system requirements. We reserve the right to impose our normal diagnostic fee when unsupported software is identified as a likely cause of your technology problem.
We reserve the right, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services and you acknowledge and agree that we will not be liable to you or to any third party should be elect to do so. We reserve the right to refuse to provide the Services to anyone at any time without notice for any reason. In the event we elect to terminate a Service for which we have already been paid, we will provide you with a refund on a prorated basis.
10. DATA AND SOFTWARE BACKUPS
Our Services do not include any backup or restoration services unless you have hired us specifically for this purpose, you have provided the media from or to which the restoration or backup is to occur and we have expressly agreed in writing to provide this service before any other Service has been provided to you. Except as provided above, we DO NOT provide data backup or restoration services.
BEFORE ORDERING OUR SERVICES.YOU ARE RESPONSIBLE FOR BACKING UP YOUR COMPUTER, INCLUDING ALL OF YOUR FILES, DATA, SOFTWARE AND ALL OTHER MATERIALS AND INFORMATION (COLLECTIVELY "CUSTOMER DATA").
YOU ACKNOWLEDGE AND AGREE THAT IMAGING NETWORK TECHNOLOGY, LLC (INCLUDING ITS REPRESENTIVES AND AFFILIATES) WILL NOT AT ANY TIME BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES. IMAGING NETWORK TECHNOLOGY, LLC WILL NOT KNOWINGLY SUPPORT OR SERVICE UNLICENSED SOFTWARE . APART FROM THE SOFTWARE WE PROVIDE, A LICENSED COPY OF ALL NECESSARY SOFTWARE IS YOUR RESPONSIBILITY.
11. SERVICE WARRANTY
Because our ability to resolve problems remotely is limited, our Services will sometimes not be successful.
In the event this should occur and you purchased an Individual Service from us, the following warranty will apply: If we are not able to answer your question or resolve your technology problem and you have complied with all of your obligations under this Agreement, we will not charge you a fee for the Individual Service we provided. If you experience a problem with the Service we provided and you call us within five (5) calendar days from the day you originally received the Individual Service, we will use commercially reasonable efforts to determine if our Service was the cause. If so, we will try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Individual Service. If we find that our Service was not the cause of your continuing problem, we may provide a estimate for the additional Services we believe you may require. A Service Visit may also be recommended. Except as may be otherwise expressly set forth below, there are no other warranties for the Services apart from this express warranty.
In the event this should occur and you purchased our Subscription Service, we will continue to use commercially reasonable efforts to answer your technical support questions and address your technology problems.
12. WARRANTY LIMITATION ON THIRD PARTY SOFTWARE AND PRODUCTS
All Software and Products that we provide will include the manufacturer’s warranty, if any. In the event any Software or Products is also covered by the Service Warranty set forth above, the Manufacturer’s warranty will have precedence over the Service Warranty we have provided. Any Software or Products that we may return for a refund, will be done so as your agent and on your behalf, without additional charge. However, you understand and agree that such returns may be subject to shipping or restocking fees for which we may charge or otherwise deduct from any sums that we refund to you.
13. WARRANTY LIMITATION ON SERVICE VISITS
Unless your Subscription Service expressly includes Service Visits, our fee for Service Visits will always be in addition to any all other fees we may have charged prior to the Service Visit, or may charge thereafter. Additionally, the minimum per trip fee we charge for each Service Visit (which varies by location) is not refundable under our Service Warranty or any other warranty set forth herein.
14. WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMAGING NETWORK TECHNOLOGY, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR TECHNOLOGY PROBLEM. IMAGING NETWORK TECHNOLOGY, LLC MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS AND NO SERVICE, MATERIAL OR COMMUNICATION, WHETHER ORAL OR WRITTEN, FROM IMAGING NETWORK TECHNOLOGY, LLC OR ITS REPRESENTATIVE SHALL CREATE ANY SUCH WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. CONSEQUENTIAL DAMAGE DISCLAIMER
IN NO EVENT SHALL IMAGING NETWORK TECHNOLOGY, LLC, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR INABILITY TO USE YOUR COMPUTER AND OTHER TECHNOLOGY. WITHOUT LIMITATION, IMAGING NETWORK TECHNOLOGY, LLC WILL NOT BE LIABLE FOR LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF IMAGING NETWORK TECHNOLOGY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMAGING NETWORK TECHNOLOGY, LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGE THAT MAY ARISE FROM ANY SERVICE OR IMAGING NETWORK TECHNOLOGY, LLC. OR ITS REPRESENTATIVE MIGHT OTHERWISE CAUSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION ON LIABILITY
IN NO EVENT SHALL THE TOTAL LIABILITY OF IMAGING NETWORK TECHNOLOGY, LLC, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.
YOU FURTHER ACKNOWLEDGE THAT THE PRICE YOU PAID YOU PAID FOR THE SERVICE INCLUDED A REDUCTION AS CONSIDERATION FOR YOUR AGREEING TO WARRANTY DISCLAIMER, CONSEQUENTIAL DAMAGE DISCLAIMER AND THE LIMITATION ON LIABILITY PROVISIONS OF THIS AGREEMENT.
17. PROPRIETARY RIGHTS IN OUR CREATIONS
In providing our Services, we may install software products and fixes that we previously created or we may create new software products of fixes for you. In all such situations, the following provisions will apply:
We grant you a non-exclusive, perpetual, fully paid up license to use the software product or fix we or our representatives deliver to you for your internal use. Unless provided pursuant to a separate license agreement, our software precuts and fixes are not for resale or distribution and may only be installed by us. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Unless otherwise indicated, we are the copyright owner or licensee of our Services, Software, and all other intellection property we provide. If you make use of the Services, Software or any other intellectual property of our creation, except as authorized by this Agreement, provided herein, you may be in violation of copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
18. DEALINGS WITH THIRD PARTIES
In the course providing you with our Services, we may mention or refer you to third parties, which although not included in the Services we provide, we believe offer products and/or services that would be of value to you. However, in the event any third party referrals should occur, you agree that we will not be responsible or liable for any loss or damage of any kind or nature should you elect to deal with these third parties.
19. TERMINATION
IMAGING NETWORK TECHNOLOGY, LLC RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND ANY FEES YOU PAID IN ADVANCE FOR SERVICES WE DID NOT DELIVER, IF ANY. UPON TERMINATION IMAGING NETWORK TECHNOLOGY, LLC MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR YOUR FURTHER ACCESS TO OUR SERVICES. APART FROM ANY REFUND TO WHICH YOU MAY BE ENTITLED, IMAGING NETWORK TECHNOLOGY, LLC WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF THE SERVICE.
20. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD IMAGING NETWORK TECHNOLOGY, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS. LIMITATION OF LIABILITY
21. GOVERNING LAW
The provisions of this Agreement will be governed by the laws of the Commonwealth of Virginia, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Fairfax County, Virginia, and you expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Imaging Network Technology, LLC may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.
22. ELECTRONIC COMMUNICATIONS
The information communicated on this Website constitutes an electronic communication. When you communicate with us through the Website or other forms of electronic media, such as e-mail, You are communicating with us electronically. You agree that Imaging Network Technology, LLC, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you.
23. OTHER MISCELLANEOUS PROVISIONS
The failure of Imaging Network Technology, LLC to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect. You may not assign this Agreement or any of your rights or obligations under this Agreement without the express written consent of Imaging Network Technology, LLC. However, this Agreement is intended to inure to the benefit of Imaging Network Technology, LLC and to its successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Questions or Comments
If you have any concerns about these Terms and Conditions, please submit
your questions by e-mail to: legal@imagingnetworktech.com
Monday - Friday
8:00 AM to 8:00 PM
After Hours and
Emergency Service Available