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Customer Experience & Support Services : UK: +44 800 031 4596 | USA: +1 844 287 3437

Terms of Service

“The Tech Helpdesk™” is a division of Commprise, Inc

Definition of terms used in this document

“Service” or “services” refers to the technical assistance, and/or the process of providing technical assistance, that The Tech Helpdesk™ offers and any options therein.

“Caller” is any individual or individuals who willingly contact a representative of The Tech Helpdesk™. Methods of contact include, but are not limited to, telephone, email, and internet chat. Communication of a The Tech Helpdesk™ representative with a “caller” does not imply that any services have been rendered.

“Customer” is any individual or individuals who willingly choose to utilize one or more services offered by The Tech Helpdesk™.

“Customer” also describes any individual or individuals utilizing one or more services offered by The Tech Helpdesk™, but who has a “caller” contact The Tech Helpdesk™ to represent them.

“Utilization” or “utilize” is the action of a caller willingly receiving one or more of the services offered by The Tech Helpdesk™.

“Technology” refers to any desktop computer, portable computer (laptop), tablet or smartphone. Desktop computers typically have a monitor (screen), mouse and keyboard attached to them. Laptops are all inclusive and can also be referred to as a “computer”. Tablets and smartphones are typically mobile devices with a touchscreen running a specific mobile operating system such as, but not limited to, iOS and Android. The term also refers to devices including but not limited to, networking equipment such as routers both wireless and non-wireless, consumer electronics such as televisions, Blu-ray players, and video streaming devices.

“Computer peripherals” or “peripherals” are any device that attaches to a computer. Examples include, but are not limited to, printers, scanners, speakers, microphones, cameras, and external storage devices (external hard drives, tape drives, USB drives, etc.).

“Software” is any program that can be placed, installed, and/or used on a computer, mobile phone or tablet device.

Acceptance of policy

Upon utilization of one or more of the services offered by The Tech Helpdesk™, 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, The Tech Helpdesk™ reserves the right to refuse service to that caller.

Modification of terms and policies

The Tech Helpdesk™ bears the right to modify any information in this document at any time. The Tech Helpdesk™ is not obligated to provide prior warning, or post notification, to any individual or individuals of modifications to this document.

Types of services available

All options refer to The Tech Helpdesk™ home or consumer service options, as well as The Tech Helpdesk™ business service options.

“Data Backup” – a customer pays an upfront fee for cloud data backup services, followed by an ongoing monthly charge (recurring payment) for continued data backup services, which include support for all data backup service related issues or questions. This service is billed ongoing for 1 month at a time and will automatically recur unless a cancellation of services is initiated. The Tech Helpdesk™ may utilize 3rd party software and services to provide the data backup capability. Support is typically handled exclusively by The Tech Helpdesk™ representatives.

“Software” – a customer pays an upfront fee for anti-virus and/or anti-spyware software, followed by an ongoing yearly charge (recurring payment) for continued software updates. This service is billed ongoing for 1 year at a time and will automatically recur unless a cancellation of services is initiated. The Tech Helpdesk™ may utilize 3rd party software and services to provide the software. Support is handled exclusively by The Tech Helpdesk™ representatives.

Fees/Payment

The amount that the customer is going to be charged relies upon which service option or options they choose to utilize.

When a customer agrees to utilize one or more The Tech Helpdesk™ services, it is the customer’s obligation to provide payment prior to the service being initiated. The customer bears the right to refuse payment for the services, but The Tech Helpdesk™ then bears the right to refuse service to that individual or individuals.

Credit Card & Debit Card Use

The Tech Helpdesk™ accepts all cards that have either a Visa, MasterCard, American Express card logo on them.

Any customer providing credit card or debit card information over the phone must be at least 18 years of age. If the customer does not have a credit card or debit card, the individual of whose credit card or debit card they will use must be present at the time of the call. Otherwise, The Tech Helpdesk™ bears the right to refuse service to the caller.

If any or all of the customer’s credit/debit cards fail authorization, The Tech Helpdesk™ bears the right to refuse services to that customer.

The Tech Helpdesk™ may utilize “AVS”, or “Address Verification Service”, in addition to the standard credit/debit card approval methods. This supplies an additional layer of security. Customers may be denied service based on the failure of the AVS check.

The Tech Helpdesk™ may securely store credit/debit card data for billing purposes. This information is typically stored on a 3rd party secure payment gateway and The Tech Helpdesk™ does not have access to any complete card numbers.

The Tech Helpdesk™ maintains the highest level of security compliance.

Technologies Supported

The Tech Helpdesk™ supports computers, computer related devices, mobile phones (such as smartphones), tablets, software, and most consumer electronics. Computer-related devices typically are referred to as “peripherals” as mentioned above. But support expands to “any technology that assists a computer or other technology device in performing one or more functions”. This includes, but is not limited to, support for issues such as viruses and malware, routers and modems, and assistance with software packages such as Antivirus software. As new technology arises, it is left to the discretion of The Tech Helpdesk™ if any other technologies will be added to the scope of support. The Tech Helpdesk™ reserves the right to decline service for any issue, device, product or item for any reason at our discretion.

Responsibilities of The Tech Helpdesk™

It is the responsibility of The Tech Helpdesk™ to provide customers with competent and timely solutions to their technology problem(s). The Tech Helpdesk™ representatives strive to provide excellent service. If the technician cannot resolve the issue via a remote connection, the technician is required to instruct the customer as to what needs to be done to resolve the issue.

The customer should be aware that while The Tech Helpdesk™ technicians are expected to perform exceptionally and timely, certain circumstances and the nature of issues can cause resolution times to vary. The Tech Helpdesk™ does not guarantee resolution times and time of resolution is not a factor impacting our money back guarantee.

The Tech Helpdesk™ has partnered with a third-party firm to provide onsite support when a situation is not able to be resolved over the phone or remotely. The Tech Helpdesk™ is not responsible for any services rendered by the third party. Billing may be handled directly through the third party and The Tech Helpdesk™ is not responsible for billing errors including overages, refunds, etc. when billed by the third party firm. The Tech Helpdesk™ removes itself from all liability associated with using this third party service. Onsite services are not included in any The Tech Helpdesk™ Unlimited Support plans and they are always separate billable services.

The Tech Helpdesk™ services are in no way a warranty. Replacement of items such as hardware, components and accessories are not covered.

The Tech Helpdesk™ is not responsible for obtaining, or paying for, any software, including, but not limited to, operating systems, software applications, and drivers.

Customer’s Responsibility

The customer is expected to provide the sales agent, support technician or any other The Tech Helpdesk™ representative, with any information requested to the best of the customer’s ability and knowledge. Withholding important information for the purpose of invoking the money back guarantee is prohibited.

The customer is expected to understand basic instructions that the technician provides to them over the phone (moving the mouse, mouse clicking, locating power buttons on devices, etc.).

The customer is also responsible for seeing the support process through to its completion.

Indemnification

Customer agrees to indemnify, defend, and hold harmless The Tech Helpdesk™ and its employees from and against any claims, damages, liabilities, costs, fines, penalties and expenses (including attorney and other professional fees and costs) arising out of or relating to (a) Customer use or misuse of any Software and/or Services; (b) Customer violation of the The Tech Helpdesk™ Terms of Service; (c) Customer violation of any rights of a third party; or (d) any other negligent or intentional misconduct by Customer. The Tech Helpdesk™ retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customers is required to cooperate in asserting any available defenses.

Custom Designed Software

The Tech Helpdesk™ may use custom designed software and scripts to assist in resolving an issue, reporting data system information, or automating a task. Such software may be manufactured by The Tech Helpdesk™ or manufactured by a Third-party (see section titled “Third-party Software”). To the best knowledge of The Tech Helpdesk™, the software is fully licensed and breaks no laws when it is used on a customer’s device.

The Tech Helpdesk™ is not responsible for the unlikely scenario of such software causing damage to your device’s hardware or software. How the technician proceeds if this occurs is at the discretion of the support technician, supervisor, and/or manager.

The Tech Helpdesk™ may accept End User License Agreements on your behalf – for any The Tech Helpdesk™ designed software.

Third-party Software

Oftentimes, The Tech Helpdesk™ will use “third-party software” to assist in resolving an issue. “Third-party software” is software that is not manufactured by The Tech Helpdesk™. Examples of this software are virus and malware removal tools. To the best knowledge of The Tech Helpdesk™, the software is fully licensed and breaks no laws when it is used on a customer’s device.

The Tech Helpdesk™ is not responsible for the unlikely scenario of third-party software causing damage to your device’s hardware or software. How the technician proceeds if this occurs is at the discretion of the support technician, supervisor, and/or manager.

The Tech Helpdesk™ may accept End User License Agreements on your behalf – for third party software and any The Tech Helpdesk™ branded software.

Remote Assistance

The Tech Helpdesk™ uses proprietary remote assistance software to help resolve most customer issues. Remote assistance software allows the technician to remotely control a customer’s device to expedite the steps needed to resolve the issue.

This software is fully licensed and breaks no laws when it is used on a customer’s device.

The software installs a small piece of software on the customer’s device. While the software is typically harmless, The Tech Helpdesk™ bears no responsibility for unforeseen negative effects that the software has on the customer’s device.

A functioning internet connection is required on the device in which the technician intends to take remote control of. The lack of internet connectivity or a slow internet connection can make remote assistance impossible. In this scenario, the customer will need to follow the technician’s instructions to restore the device’s internet connection for the purpose of eventual remote control.

The customer bears the right to refuse a remote connection to their device. But the customer must then understand that without remote assistance, resolution of the issue will take longer and require more customer interaction.

The Tech Helpdesk™ also bears the right to refuse service, at its sole discretion, if a customer chooses to refuse a remote assistance connection.

Data Backup and Data Loss

The Tech Helpdesk™ will make their “best effort” to salvage and secure any important data on a customer’s device or notify the customer of a situation where data may be lost. However, The Tech Helpdesk™ is not responsible for notifying the customer of potential data loss, backing up data, the loss of any data or the failure/inability to retrieve previously backed up data, by The Tech Helpdesk™ Backup Service or any other method. Unforeseen issues may occur and The Tech Helpdesk™ is not responsible for these situations during the course of our troubleshooting and support process. It is the customer’s responsibility to ensure that their data is properly backed up before engaging in any support or troubleshooting with The Tech Helpdesk™.

Failure to maintain current payment for any data backup services provided by The Tech Helpdesk™ will automatically forfeit access to existing data backups completed by The Tech Helpdesk™ Backup Service. Data backups will be deleted upon cancellation or non-payment of services. The customer does not own perpetual rights to their backed up data. Data is only accessible through the data backup service while the customer is a current, paying data backup service subscriber. The Tech Helpdesk™ will also cease to complete any additional data backups. Any data loss or data backups missed are not the responsibility of The Tech Helpdesk™.

Cancellation policy

The customer may cancel standard service offerings at any time. However, cancellation of a service does not necessarily entitle the customer to a refund. Please see the “Refund Policy” section for more information.

From time to time The Tech Helpdesk™ may offer a service option that requires a commitment, either written or verbal, to pay and/or keep the service active for a specific period of time. During this time, the customer cannot cancel the service as per the binding written or verbal agreement. Any payments required to be made must continue for the duration of the agreed upon time. At which time the agreed upon time frame has ended, the customer is allowed to cancel their service. The cancellation of service does not necessarily entitle the customer to a refund. Please see the “Refund Policy” section for more information.

Refund policy

The customer bears to the right to receive a refund if the service process has not yet been initiated. This implies that absolutely no steps have been taken by the Tech Helpdesk™ technician to resolve the customer’s issue or to answer the customer’s question(s). If the customer receives a refund at this time, The Tech Helpdesk™ bears the right to refuse further service to that customer.

The Tech Helpdesk™ provides a “100% money back guarantee” on the initial incident. “Initial incident” implies a situation where a customer is calling in for the first time with a specific computer or technology problem or question(s). It is the responsibility of The Tech Helpdesk™ technician to resolve the problem and/or answer the question(s) accurately. The technician must be allowed all opportunities to resolve the issue. What is considered “all opportunities” varies depending on the nature of the issue and will be defined at the discretion of a The Tech Helpdesk™ technician, agent, supervisor, and/or manager. If the technician is unable to fully resolve the customer’s’ problem, or answer the question(s) after exhausting all possible methods of a resolution, a full refund may be issued. The customer does not have the option to end support in order to receive a refund prior to The Tech Helpdesk™ finding a solution or exhausting all opportunities to resolve the issue. The support process must be allowed to be fully vetted in order for a refund to be considered, regardless of the reason. In a situation where The Tech Helpdesk™ has resolved at least one (1) issue, even if it was not the initial incident, the money-back guarantee is no longer valid and the customer is not entitled to a refund for any services – either fully or partially.

The Tech Helpdesk™ cannot guarantee the timeframe of how long a refund will take to credit back to a customer’s card. It is typically 5-7 business days, however, The Tech Helpdesk™ has no control over of the time-frame after The Tech Helpdesk™ has processed the refund.

If The Tech Helpdesk™ determines that an operating system reinstall is necessary to properly fix the issue(s) at hand; a refund will not be provided if the customer chooses not to continue or if the customer does not have proper legal working copies of any software that may be installed on the device or may be required for the device to fully work properly. This includes, but is not limited to, operating systems, drivers, and applications (or “apps”).

The Tech Helpdesk™ must be directly contacted to cancel any ongoing service. A dispute with the customer’s Credit Card Company or bank is not a notification of cancellation nor is it a valid reason for any credit or refund.

The Tech Helpdesk™ reserves the right to cancel, refund or suspend service for any reason. In cases of service cancellations, The Tech Helpdesk™ will fairly assess the situation and provide refunds when appropriate.

Failure of the data backup process, failure of data to be properly backed up, or any other data loss or retrieval issue is not grounds for the refund of any support service or data backup service.

Failure of hardware, components, and accessories after the initial incident are not grounds for a refund. The Tech Helpdesk™ will continue to support any other current technology or replacement technology. Future forfeiture of any customer hardware is also not grounds for a refund of any service fees paid either fully or partially.

All software sales, such as sales of The Tech Helpdesk™ MSS, The Tech Helpdesk™ Cloud Solution, or both together as a bundle; are final. No refunds are allowed once the transaction has been processed and the software license keys have been assigned to the customer via our payment and electronic fulfillment system. License keys must be activated within 1-year of purchase. License keys not activated within 1-year of purchase will automatically be deactivated for use by the customer.

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