Last updated on Dec 19th, 2019
PLEASE READ THESE SERVICE TERMS AND CONDITIONS (THE ‘AGREEMENT’) IN THEIR ENTIRETY BEFORE USING OR RECEIVING ANY SERVICES (AS DEFINED BELOW) FROM ENZODESK, INC. (THE ‘COMPANY’).
For purposes of this Agreement, ‘you’ and ‘your’ means each individual end-user of the ‘Company’s Services.
1. Acceptance of Policy– Upon utilization of one or more of the services offered by Enzodesk, the customer automatically accepts all the terms and policies detailed in this document. The caller bears the right to reject one or more of the terms and policies described in this document. If a caller rejects the terms and policies described in this document, Enzodesk reserves the right to refuse service to that caller.
2. Modification of Terms and Policies– Enzodesk bears the right to modify any information in this document at any time. Enzodesk is not obligated to provide prior warning, or post notification, to any individual or individuals of modifications to this document.
3. Scope of Services
Enzodesk will use commercially reasonable efforts to resolve your computer or tech support problem for a fee as set forth in the Site or as quoted on the telephone, as applicable. Enzodesk may provide certain portions of its service via telephone, remote control session, chat, email, or dispatching onsite technicians. Enzodesk provides services that are available on a one-time basis, for a fee as well as subscription services, which are an entitlement to more than one service over a period of time, for a recurring fee. It does not provide parts or computing equipment.
You hereby (a) give the Company, through one or more of its employees, agents or affiliates or through any third party service provider, the right to remotely access your computer systems, computers, software, network devices, servers, phones, tablets, mobile devices, routers, peripherals and/or any other hardware, systems or devices included in your home network (collectively ‘Computer Systems and Devices’) covered by the Services; (b) grant to the Company, through one or more of its employees, agents or affiliates or through any third party service provider, necessary and reasonable access to your Computer Systems and Devices covered by the Services on your premises; (c) give the Company, through one or more of its employees, agents or affiliates or through any third party service provider, the right to open, view or modify your computer software, applications, data, and data storage media including, without limitation, the computer operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your Computer Systems and Devices covered by the Services; and (d) give the Company, through one or more of its employees, agents or affiliates or through any third party service provider, the right to download and/or install software or other products on your Computer Systems and Devices covered by the Services, including without limitation, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware which the Company may elect to install.
5. Your Responsibilities
5.1 Certain Obligations. In addition to your other obligations under this Agreement, you:
- Agree to keep your personal or billing information up to date and accurate and promptly notify the Company of any changes;
- Acknowledge that you may be required to install certain software on your Computer Systems and Devices covered by the Services to assist the Company in providing the Services, that you may install and use the software in executable form only, and that the Company has the right to terminate this Agreement and the Services if you (i) do not install all of the required software on your Computer Systems and Devices covered by the Services (as applicable and as directed by the Company) or (ii) alter, modify or disable any of the required software or its settings or configurations;
- Shall not resell the Services, use them for high volume purposes, use them as a virtual support center, as determined solely by Company, or engage in similar activities;
- Shall only use the Services for the users and Computer Systems and Devices specifically registered with or otherwise authorized by the Company for use in connection with the Services;
- Acknowledge that, depending on the type of Services purchased, Services provided for each additional user and/or Computer System and Device may incur separate and additional fees as identified on documentation (including, without limitation, documentation provided via email) provided by the Company from time to time and/or set forth on the Company’s website.
- Shall at all times comply with the Company as minimum system and hardware requirements, which the Company may change from time to time, and you acknowledge that the Company has the right to terminate this Agreement and the Services if you do not comply with the Company’s minimum system and hardware requirements or are abusive, mistreat Company agents and/or have commercially unreasonable/excessive requests for support;
- In connection with your use of the Services and other activities related to this Agreement, you will (i) comply with all applicable local, state, national and international laws and regulations, (ii) not infringe the intellectual property or other rights of third parties, and (iii) not submit or otherwise transmit any material that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate, or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
6. Fees for Services
You may order service from Enzodesk by calling us directly, sending us an email, or chatting with our executive. Fees for our services can be found on our “Pricing” page. Some services, parts, and computers ordered receive customized quotes by phone and/or email. Once you place order you agree to pay fees for such service(s) and/or product(s).
Additional Terms And Conditions For Each Type Of Service Are As Follows:
6.1 Incident Plan:
We will diagnose the problem and then resolve the issue by sending a tech directly at your home or provide a fix instantly by initiating remote session (if an issue can be fixed online).
The Company offers on-site support Services for Company member plans through a third party service provider. Pricing for on-site support Services covers only the on-site Services based on the required scope of work as determined by the Company in its sole discretion. You agree to pay for the on-site support Services prior to the service provider arriving on site. You acknowledge and agree to pay any additional charges for any hardware or software that may be required. You agree to pay the Company directly and not to provide compensation of any kind, including tips, to any service provider who provides the on-site support Services. You will be required to pay a cancellation fee for any appointment for on-site support Services that you cancel.
6.2 Enzodesk Home IT Care Plans:
Enzodesk offers you a free demo of its platform through which it provides IT repair and support services to its customers. During the demo you are notified and explained about our IT care plans. If you agree to it, you will be charged accordingly. This will be a onetime fee and you will NOT be charged automatically after your subscription ends unless you notify us to renew the subscription. Telephone and email reminders of available service will be made and sent to subscriber regularly. You may cancel your subscription at any time, however all monthly charges prior to cancellation are non-refundable. The subscription fee grants you unlimited access to our online remote services, but you are not entitled to a refund if you did not utilize the service. Some Clients may be charged a lesser monthly amount due to promotion or discounted price offer.
7. Provision of Services
Enzodesk will perform Services based on a service plan mutually agreed to by the parties. Services will ordinarily be performed by an Enzodesk service representative or other authorized representative of Enzodesk. Client agrees, however, that Enzodesk, in its sole discretion, may provide the Services through a third party representative. If you need more specifics on how the Company’s provision of the Services aligns with your business needs, you must contact the Company.
Payments are secured via credit card information or ACH banking information provided by client during order submission or during onsite visit. Client agrees to not dispute charges with Credit Card Company.
Uncollected balances over 90 days will be considered in default and subject the Client to court costs, collection agency fees, and/or legal fees incurred in collection.
9. Credit Card and ACH/ETF Billing
You hereby authorize Enzodesk to charge and/or place a hold on your credit card or electronically debit banking information you provide with respect to any unpaid charges for services or products. You authorize the issuer of the credit card or bank to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card or bank to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Enzodesk to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card or bank until such amounts are paid in full. You agree to provide Enzodesk with updated credit card or banking information upon Enzodesk’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that Enzodesk will not have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card or bank account. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Enzodesk option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
10. Cancellation and Refund Policy
Enzodesk is committed to provide a professional and pleasant service experience to all its customers and we have a very transparent and customer friendly policy on refunds and cancellation of any services order. The Annual Subscription Support Plans require a 12-months commitment and are only refundable within 30 days of subscription. However, subject to pure discretion of company management upon merits of an individual case, payment would be fully refunded if for any reason you are not satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows:
To Initiate Any Refund You Can Inform Your Case to Refunds and Cancellation Department on Toll Free Number 1-855-791-0945 (10 AM EST to 7 PM EST) or write to firstname.lastname@example.org
The standard time to process a refund is within 24 working hours of submitting a refund request, however please note most banks take 2 to 3 days to credit the customer account after we have processed the same.
In Case Of Refund Of Non – USA Customers, If The Refunded Amount Is Less Than The Original amount Then Enzodesk Is Not Liable To Refund That Difference Amount As This Difference Is Due To The Currency Fluctuation.
Customers are advised to read the following carefully before claiming a refund.
10.1 Flat Fee Tune-Up
- Remote technician cannot connect to your computer.
- If we cannot fix or solve your computer problem.
10.2 Onsite Services
- On site technician is unable to fix your computer problem.
- On site technician does not show up to appointment and no re-schedule request was submitted to you.
However, onsite service orders that are cancelled by you (within 24 hours or less of date and time slot of the appointment) will be charged a cancellation fee of $25.
10.3 Subscription Plans
Customers can avail a full refund of services amount excluding any amount paid for software (if license is installed and activated) or any hardware, if the technicians are not able to address the primary issue reported during the first 7 days of services contract start date.
However in case the primary issue is resolved, and customer wants to cancel remaining period of subscription 1) immediately, then amount deducted would be $99.99 (rest amount refunded back) and for 2) after 30 days of purchase then amount deductible would be $99.99 plus $19.99 x number of months from subscription date.
PLEASE NOTE REFUNDS AND CANCELLATION DEPARTMENT CAN BE CONTACTED ON TOLL FREE 1-855-791-0945 BETWEEN 10 AM EST and 7 PM EST. MONDAY TO FRIDAY Or Email To email@example.com
11.2 Password Security
You are responsible to keep your password(s) secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. The Company may request temporary use of your password(s), and may otherwise retain your password(s) in a secure electronic file related to your account, to facilitate routine support and maintenance services. If you lose your password(s) or the encryption keys for any of your Company products or Services, the Company may not be able to assist you in recovering any associated data or information.
12. Limitations and Risks
Not With Standing Anything In These Terms And Conditions To The Contrary, The Entire Liability Of Either Party To The Other Arising Out Of These Terms And Conditions For The Services Performed Here Under Shall Be Limited To The Amount Actually Paid By Client To Vtechonsite Under The Applicable Services Schedule. In No Event, Shall Either Party Be Liable For Any Indirect, Special, Exemplary, Incidental Or Consequential Damages (Including Loss Of Profits Or Data) Whether Based On Contract, Tort (Including Negligence), Strict Liability Or Any Other Legal Theory, Even If Such Party Was Advised Of The Possibility Of Such Damages In Advance. The Parties Agree That The Limitations Specified In This Section 12 Will Survive And Apply Even If Any Limited Remedy Specified In These Terms And Conditions Is Found To Have Failed Of Its Essential Purpose.
Enzodesk is willing to enter into these Terms and Conditions and the Services Schedule and perform Services for Client only in consideration of and in reliance upon the provisions of these Terms and Conditions limiting Enzodesk exposure to liability, including but not limited to the provisions contained above. Such provisions constitute an essential part of the bargain underlying these Terms and Conditions and the Services Schedule and have been reflected in the consideration specified therein.
13. Governing Law and Venue
These Terms and Conditions shall be governed by and construed under the laws of the State of California, exclusive of its choice of law rules, as such law applies to agreements between California residents entered into and to be performed within California, except as governed by federal law. Any controversy or claim arising out of or in any way connected with these Terms and Conditions or the Services Schedule, or the alleged breach thereof shall be brought in the state and federal courts located in the State of California. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.
14. Complete Contract
This Agreement (including any other documents incorporated herein by reference) constitutes the entire agreement between the parties with regard to the subject matter hereof, and integrates all prior understandings and agreements between the parties with respect thereto, whether oral or written. You agree to accept the terms and conditions set forth in this Agreement to the exclusion of any standard terms you may customarily have for the purchase of services. No other agreement, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of the Company or any of its agents, employees and affiliates, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter of this Agreement. You acknowledge that you are entering into this Agreement based solely on the basis of the terms contained herein.