Trusted IT Support For Your Business or Home

2. Description of Service

Upon purchase of the Service, Customer shall be eligible to receive the following services via in-store, remote, in-home appointment or phone support (e.g., over the phone or via the Customer’s computer with a Friendly Computer Agent logged into the Customer’s computer):

· Software Installation · Software assessment and removal of viruses and malware · Operating system installation · Annual computer tune-up, including operating software system updates, screen cleaning, fan cleaning, and keyboard cleaning · Password reset · User Data Backup (Off Site) · Full System Backup (off Site) · Private business class email address on one of our domain options · Private VPN Service

Service is on a per-customer basis and is limited to the household devices owned by the Customer. Customer may cancel the Service and seek a refund, therefore if the cancellation occurs within 30 days of Customer’s date of purchase of the Service; no refunds will be provided after said 30-day timeframe. The fee for the Service is a set fee without regard to usage (i.e., outside of the 30-day return period, there will be no full or partial refund of the fee even if the Customer does not use the Service thereafter). Customer may initially purchase the Service in 1-year increments. Training and training services are not included in the Service but are available at Friendly Computers’ standard service rate. If Friendly Computers is unable to successfully complete one of the services set forth above in-store or by logging-in remotely to the Customer’s computer, Customer may purchase a Friendly Computers service to address the issue at a 50% discount from the regular service price. Customer pre-requisites: The Service requires a functioning high-speed Internet connection, and up-to[1]date antivirus software installed on the devices.

3. Payment

If Customer would like to continue the Service after expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are nonrefundable. Friendly Computers may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance. If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of each respective applicable period on an annual basis if Customer originally signed up for a 1-year term unless Friendly Computers terminates the subscription or Customer notifies Friendly Computers of his or her decision to terminate the subscription. For annual renewal plans, Friendly Computers will notify Customer of the pending subscription renewal at least 30 days prior to the date the subscription is scheduled to renew, except as otherwise required by law, and will charge Customer’s the annual fee as of the renewal date (i.e., the annual renewal plan is charged on a lump-sum basis, not a monthly basis). Friendly Computers will bill all charges automatically to Customer’s credit card at the beginning of every renewal period, at the rates then in effect, unless Customer notifies Friendly Computers otherwise. Customer must cancel his or her subscription before it renews in order to avoid billing of subscription fees for the renewal term to his or her credit card.

4. Modifications to Terms of Service and Service

Friendly Computers may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, Friendly Computers will notify you by posting the changes to the site from which you purchased the Services. Friendly Computers reserves the right to modify or discontinue the Service with or without notice to Customer. Friendly Computers shall not be liable to Customer or any third party should Friendly Computers exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

5. Privacy Policy

It is Friendly Computers’ policy to respect the privacy of its Customers. For information on our privacy practices, please call 1 (614) 600-3111 or review our privacy policy at www.friendlycomputers.net/privacy-policy/.

6. Customer's Responsibility to Back-Up Data

Customer agrees that prior to Friendly Computers servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Friendly Computers and/or its third party service provider, neither Friendly Computers nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

7. Limitations to Service

Customer agrees to indemnify, defend, and hold harmless Friendly Computers (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Friendly Computers by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Friendly Computers or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).

8. Indemnification

Customer agrees to indemnify, defend, and hold harmless Friendly Computers (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Friendly Computers by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Friendly Computers or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).

9. Disclaimer of Warranties

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRIENDLY COMPUTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRIENDLY COMPUTERS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FRIENDLY COMPUTERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM FRIENDLY COMPUTERS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER

10. Limitation of Liability

FRIENDLY COMPUTERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FRIENDLY COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Friendly Computers shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Friendly Computers shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Friendly Computers. Notwithstanding any language to the contrary, Friendly Computers’ maximum liability to Customer arising from or related to Friendly Computers under this Agreement shall be limited to the sums paid by Customer to Friendly Computers under this Agreement during the three months prior to the time the cause of action arose.

11. Laws

These Service Terms shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of law provisions. Customer and Friendly Computers agree to submit to the exclusive jurisdiction of the courts in Columbus, Ohio. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Friendly Computers agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.