The following terms and conditions ("Terms" or this "Agreement"), together with any other policies or guidelines referenced herein, constitute the contract between you and VORTEX COMPUTER SYSTEMS. These Terms govern the use of the Vortex Live service (“Service”), whether VORTEX COMPUTER SYSTEMS provides the Service through phone support engineer, or through the VORTEX COMPUTER SYSTEMS website ("Site") or by an on-site engineer. By using the Service, you agree to these Terms.
Updates
At the discretion of VORTEX COMPUTER SYSTEMS, these Terms may be amended or updated from time to time, without prior notice to you. VORTEX COMPUTER SYSTEMS reserves the right to make any such updates by posting the revised Terms on the Site. You can review the most recent version of these Terms at any time on the Site and it is your responsibility to routinely review these Terms. Your continued use of the Service following any change in Terms constitutes your acceptance of those changes.
Description of Service & Support
The goal of VORTEX COMPUTER SYSTEMS is to offer you support services via phone, internet, or through the website. Our engineers will attempt to assist you with software and hardware installation, configuration, performance and security and other technology matters that are specifically included in the Service you register for, but nothing in these Terms or the Site shall constitute, or shall be construed as, a guarantee of any results. By registering for the Service, you agree to allow VORTEX COMPUTER SYSTEMS to use whatever tools deemed necessary to repair your computer, including remote access. The Services are available to small business customers and residential customers alike. The Services cannot be directly or indirectly resold to any other users.
VORTEX COMPUTER SYSTEMS reserves the right to refrain from providing any or all requested services on the basis that minimum system requirements are not met, or if technical conditions or customer requirements are beyond the scope of services as reasonably determined by VORTEX COMPUTER SYSTEMS.
Technical problems that may arise may be the result of software or hardware errors not yet resolved by the hardware or software manufacturer. VORTEX COMPUTER SYSTEMS has limited proprietary information from vendors, manufacturers and developers and may not have the ability to obtain the proprietary information that may be necessary to resolve a specific technical problem.
VORTEX COMPUTER SYSTEMS will not replace broken equipment as part of the service but will make suggestions regarding replacement.
VORTEX COMPUTER SYSTEMS reserves the right to reduce or expand the scope of support offered by the Service without prior notice to you.
Software
You understand and agree that subscription to the service does not include free upgrades of existing software, operating systems, or applications. Furthermore, use of this Service does not constitute a license to use software, applications or equipment from VORTEX COMPUTER SYSTEMS. VORTEX COMPUTER SYSTEMS does not provide any such upgrades or licenses through this Service.
As part of the services, VORTEX COMPUTER SYSTEMS may suggest that you acquire, install and use certain third party software. Third party software, whether or not suggested by VORTEX COMPUTER SYSTEMS is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, regardless of whether VORTEX COMPUTER SYSTEMS assists you in the acquisition, installation, and/or use of Third Party Software, because your use of Third Party Software is governed by the terms of the license agreement between you and such owners or licensees. VORTEX COMPUTER SYSTEMS grants no rights to the Third Party Software and does not make any representation or warranty regarding the Third Party Software.
Your Responsibility for Loss of Data and Software
You understand and agree that prior to contacting or allowing VORTEX COMPUTER SYSTEMS to perform services on your computer, it is your sole responsibility to back up the data, software, information and other files stored on your computer disks and drives. You acknowledge and agree that VORTEX COMPUTER SYSTEMS shall not be responsible under any circumstance for any loss, alteration or corruption of data, software or files. You are solely responsible for acquiring and maintaining the Internet and telecommunications services and devices required to access and use the Service.
Representations by Customer
You represent that you are a legal license holder of the software on your machine. VORTEX COMPUTER SYSTEMS will not assist you if you are not the legal license holder. You further represent that you are the owner of any hardware or network devices you request VORTEX COMPUTER SYSTEMS to assist you with in association with the Service.
All information that you provide to VORTEX COMPUTER SYSTEMS must be accurate, including your name, address, credit or charge card numbers, expiration dates or any other Service payment information required by VORTEX COMPUTER SYSTEMS. You further represent that you are authorized to bill the charges to the credit card that you provide VORTEX COMPUTER SYSTEMS.
Privacy Policy & Compliance with Applicable Laws
This Service will be subject to VORTEX COMPUTER SYSTEMS's privacy policy. If VORTEX COMPUTER SYSTEMS works with you on any password or other access control oriented problems, VORTEX COMPUTER SYSTEMS strongly recommends that you reset such password(s) immediately following the completion of the Service. Use of the Service is also subject to applicable local, state, national and international laws and regulations, including but not limited to the United States Exports laws. You agree to comply with such laws and regulations.
Pricing and Payment
Some of the Services may be offered to you conditioned on your purchase of a subscription. Unless you provide us with prior written notice, your subscription will re-bill automatically on a month-to-month basis. The re-bill price will be the same as the original price you agreed to pay, unless we notify you in advance. Fees and charges for the Services can only be paid by a credit card. You agree that VORTEX COMPUTER SYSTEMS will charge the credit card you provide for all Services, and you agree to pay the applicable charges according to the terms and conditions of that card. By authorizing VORTEX COMPUTER SYSTEMS to charge a credit card, you authorize VORTEX COMPUTER SYSTEMS to automatically continue charging that card (or any replacement credit card if the original card is renewed, lost, stolen or changed for any reason by the credit-issuing entity, and such entity informs VORTEX COMPUTER SYSTEMS of such new replacement account) for all fees and charges associated with the Services. Monthly fees and charges (under subscription plans) will be charged to your credit card one month in advance; fees and charges for services outside a subscription plan will be charged to your credit card in arrears. Charges will include charges for the Service subscription plan and (but not limited to) set-up fees, drive out charges, hourly charges, additional hardware, and all applicable taxes. VORTEX COMPUTER SYSTEMS can provide you a statement itemizing the services and fees that correspond to the charges billed to your credit card. You must notify VORTEX COMPUTER SYSTEMS in writing if you intend to: 1) discontinue the service; 2) change the credit card on record. VORTEX COMPUTER SYSTEMS does not accept debit cards for payment of any charge or fee.
VORTEX COMPUTER SYSTEMS reserves the right to reject the credit card you have provided, and will either request a different credit card for billing, or will not complete your order. Service to you may be denied, suspended or discontinued without notice at any time if your credit card account is suspended, put on hold, or becomes inactive, or if the date on your credit card expires and you have not provided us with updated information for an active account prior to such expiration, or if your credit card provider denies or discontinues providing payment to us, or if you otherwise fail to make payment to us when due.
VORTEX COMPUTER SYSTEMS agrees to attempt to assist you without an additional charge if within fourteen (14) days after the initial service call the same problem identified on the initial service call recurs, with such assistance to be provided without an additional charge only during such fourteen (14) day period.
VORTEX COMPUTER SYSTEMS may, at any time, with notice by email or other means of communication, change the amount of or basis for determining any fee or charge or institute new fees or charges for the Service. If fees are charged on an hourly basis, any estimate given to you of the required service time is an estimate only and not an cap on the fees that will be actually incurred. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in U.S. Dollars.
If any portion of your bill is not paid by the due date, VORTEX COMPUTER SYSTEMS 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 VORTEX COMPUTER SYSTEMS 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. Whether you are accessing the Service from your business or away from your business, you are responsible for all telephone charges. If you do not contact VORTEX COMPUTER SYSTEMS a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at VORTEX COMPUTER SYSTEMS's option, a missed appointment fee of $40.
VORTEX COMPUTER SYSTEMS reserves the right to charge service fees to a customer's credit card up to four (4) weeks after the conclusion of service.
On-Site Computer Services
For on-site services, our engineers must have your consent to enter your premises, clear access to the computer(s) and/or peripheral(s) to be serviced, and a safe working environment. A person at least 18 years of age authorized by you must be present for the entire time period during which services are provided. If these requirements are not met when the engineer arrives, a $40 cancellation charge will be assessed.
It is your responsibility to back up all data, software, information and other files stored on your computer disks and drives before the engineer arrives. VORTEX COMPUTER SYSTEMS will not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. You are also responsible for removing from the work environment all property and materials that could be damaged or cause damage as a result of our services.
Disclaimer of Warranties
Your use of the service, this site and the information on this site is at your own risk.
VORTEX COMPUTER SYSTEMS makes no warranty that the service and/or site will meet your requirements, the service and/or site will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service and/or site will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service and/or site will meet your expectations, that the operation or functionality of the service and/or site will be free of defects, or that any such defects will be corrected, or that any response times or appointment times will be met by VORTEX COMPUTER SYSTEMS.
VORTEX COMPUTER SYSTEMS does not warrant that the site will operate error-free or that this site and its server are free of computer viruses and other harmful goods. If your use of the services, the site or the materials results in the need for servicing or replacing equipment or data, VORTEX COMPUTER SYSTEMS is not responsible for those costs.
No advice or information, whether oral or written, obtained by you from VORTEX COMPUTER SYSTEMS OR THROUGH OR FROM THE SERVICE AND/OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE SERVICES, THE SITE, THE CONTENTS THEREIN, AND ANY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VORTEX COMPUTER SYSTEMS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND ENGINEERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR SAVINGS, DOWNTIME, CORRUPTION OR REPLACEMENT OF PROGRAMS AND DATA, OR OTHER TANGIBLE INTANGIBLE LOSSES (EVEN IF VORTEX COMPUTER SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) THE USE OF THE SERVICES, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES, AND/OR (E) THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO INABILITY TO ACCESS THE SITE AND CONTENT CONTAINED THEREIN, IN THE CASE OF EACH OF THE FOREGOING CLAUSES (A) THROUGH (D) WHETHER SUCH DAMAGES ARE BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VORTEX COMPUTER SYSTEMS'S TOTAL LIABILITY ARISING OUT OF THE SERVICES, OR FROM VORTEX COMPUTER SYSTEMS'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT VORTEX COMPUTER SYSTEMS'S SOLE DISCRETION AND OPTION, TO (a) REPERFORM THE SERVICES, OR (b) REFUND THE CHARGES AND FEES PAID BY YOU FOR THE SERVICE GIVING RISE TO CLAIM, IF ANY. THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL VORTEX COMPUTER SYSTEMS BE LIABLE TO YOU FOR ANY MORE THAN WHAT YOU PAID FOR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. THE PROVISIONS OF THIS SECTION TITLED "LIMITATION OF LIABILITY" AND THE PRIOR SECTION TITLED "DISCLAIMER OF WARRANTIES" WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Indemnification
You agree to indemnify, defend, hold harmless and release VORTEX COMPUTER SYSTEMS, affiliates and subsidiaries and their respective directors, officers, employees and engineers, from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Service and/or the Site.
Jurisdiction
These Terms and the relationship between you and VORTEX COMPUTER SYSTEMS will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Harris County, Texas. You further agree that any dispute arising from your use of the Service must be brought exclusively with the courts of Harris County, Texas.
General Information
These Terms, and any other policies or guidelines referenced herein, constitute the entire agreement between VORTEX COMPUTER SYSTEMS and you in connection with the Service. These Terms govern your use of the Service, superseding any prior or contemporaneous written or oral communications, proposals, representations and agreements between you and VORTEX COMPUTER SYSTEMS with respect to the subject matter of these Terms. If any provision of these Terms 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 these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of VORTEX COMPUTER SYSTEMS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If you violate any of these Terms, VORTEX COMPUTER SYSTEMS may in its sole discretion terminate or suspend your access and use of the Service immediately without notice. You agree that VORTEX COMPUTER SYSTEMS shall not be liable to you or any third party for any termination of your access to the Service. VORTEX COMPUTER SYSTEMS may, but you may not, assign your rights or obligations under the contract embodied by these Terms.