- Acknowledgment And Acceptance Of Terms Of Service
These Nerds on Call, Inc. Service Plan Terms of Service (“Service Terms”) are provided to you (“Customer”) in connection with the Nerds on Call, Inc. Service Plan (the “Service”) that Customer has purchased. These terms and conditions comprise the entire agreement between Customer and Nerds on Call, Inc. with respect to the Service.
- Description Of Service
Upon purchase of the Service, Customer shall be eligible to receive the following services via remote or phone support (i.e., over the phone or via the Customer’s computer with a Nerds on Call, Inc. Agent logged into the Customer’s computer):
- Unlimited PC & Networking Support 7 Days a Week
- Virus & Spyware Removal
- PC Tune-Up
- Data Backup Assistance
- Software Setup & Troubleshooting
- Email Setup & Troubleshooting
- Printer Help
- Additional peripheral devices (cameras, gaming, etc.)
Service is on a per-customer basis and is limited to two (2) devices owned by the Customer. The fee for the Service is a set fee without regard to usage (i.e., once the Customer has purchased the Service, there will be no refund of the fee even if the Customer does not use the Service after that). Customers must purchase the Service in 6-month increments. This Service does not include the provision of any software or hardware. Data recovery, training, and training services outside of the aforementioned services are not included in the Service but are available at Nerds on Call, Inc. standard service rates. In addition, Nerds on Call, Inc. agents cannot remotely access cameras, gaming systems, or smartphones, and thus services that would require direct access to cameras, gaming systems, or smartphones are not included in the Service.
Customer prerequisites: The Service requires a functioning high-speed Internet connection, and up-to-date antivirus software installed on any PCs that are included in the Service.
- Payment
If Customer would like to continue the Service after the 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 an extension. Unless stated in writing otherwise, all fees and charges are nonrefundable. Nerds on Call, Inc. may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
- Modifications To Terms Of Service And Service
Nerds on Call, Inc. may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, Nerds on Call, Inc. will notify Customer by posting the changes to the site from which Customer purchased the Services. Nerds on Call, Inc. reserves the right to modify or discontinue the Service with or without notice to Customer. Nerds on Call, Inc. shall not be liable to Customer or any third party should Nerds on Call, Inc. 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.
- Privacy Policy
It is Nerds on Call, Inc.’s policy to respect the privacy of its Customers. For information on our privacy practices, please call 1-800-919-6373 or review our privacy policy at https://callnerds.com/nerds-privacy-policy/
- Customer’s Responsibility To Back-Up Data
Customer agrees that prior to Nerds on Call, Inc. 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 Nerds on Call, Inc. and/or its third-party service provider, neither Nerds on Call, Inc. 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.
- Limitations To Service
Nerds on Call, Inc. shall not be liable for any failure or delay in performance due to any cause beyond its control. Nerds on Call, Inc. and/or its third-party service providers reserve the right to refrain from providing the Services ordered and instead refund the Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope
of these Service Terms, as determined by Nerds on Call, Inc.
- Indemnification
Customer agrees to indemnify, defend, and hold harmless Nerds on Call, Inc. (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 Nerds on Call, Inc. 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 Nerds on Call, Inc. 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).
- Disclaimer Of Warranties
The customer expressly agrees that the use of the service is at the customer’s sole risk. the service is provided on an “as is” and “as available” basis. Nerds On Call, Inc. 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. Nerds On Call, Inc. makes no warranty that the service will meet the customer’s requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does Nerds On Call, Inc. 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. the customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at the customer’s own discretion and risk and that customer will be solely responsible for any damage to the 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 the customer from Nerds On Call, Inc., 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.
- Limitation Of Liability
Nerds In Call, Inc. 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 the 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 Nerds On Call, Inc. Have 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 sole responsibility to backup the software and data that is stored on Customer’s computers, hard disk drive(s), and/or any other storage devices Customer may have, and Nerds on Call, Inc. shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Nerds on Call, Inc. shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Nerds on Call, Inc. Notwithstanding any language to the contrary, Nerds on Call, Inc. maximum liability to Customer arising from or related to Nerds on Call, Inc. under this Agreement shall be limited to the sums paid by Customer to Nerds on Call, Inc. under this Agreement during the three months prior to the time the cause of action arose.
- Laws
These Service Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. Customer and Nerds on Call, Inc. agree to submit to the exclusive jurisdiction of the courts in Sacramento, California. 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 Nerds on Call, Inc. 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.
Callnerds.com Usage
These terms and conditions outline the rules and regulations for the use of Nerds On Call Computer Repair’s Website, located at https://callnerds.com/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use callnerds.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person who logs on to this website and is compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Cookies
We employ the use of cookies. By accessing callnerds.com, you agreed to use cookies in agreement with the Nerds On Call Computer Repair’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Nerds On Call Computer Repair and/or its licensors own the intellectual property rights for all material on callnerds.com. All intellectual property rights are reserved. You may access this from callnerds.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from callnerds.com
- Sell, rent, or sub-license material from callnerds.com
- Reproduce, duplicate or copy material from callnerds.com
- Redistribute content from callnerds.com
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Nerds On Call Computer Repair does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Nerds On Call Computer Repair, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Nerds On Call Computer Repair shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Nerds On Call Computer Repair reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Nerds On Call Computer Repair a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law, and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Nerds On Call Computer Repair, and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Nerds On Call Computer Repair. Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Nerds On Call Computer Repair’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve of immediately removing all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms Of Use For Online Store
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have reached the legal age in your state or province and have provided consent for any minor dependents to use this site.
You are prohibited from using our products for any unlawful or unauthorized purpose, and you agree not to violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service.
You must refrain from transmitting any worms or viruses or any code with destructive properties.
Violation of any of these Terms will lead to immediate termination of your Services.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that your computer monitor’s display of any color will be precise.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Nor do we warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You acknowledge and agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.
In no case shall Nerds On Call, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Third-Party Disclaimer:
At Nerds On Call, we prioritize the security and privacy of your personal information. To deliver our services efficiently and effectively, we may need to share certain personal data with trusted third-party partners. This data may include, but is not limited to, your name, email address, physical address, and payment-related information.
Our partners are carefully selected to ensure they uphold high standards of data protection. These trusted entities, such as QuickBooks Online, RepairShopr, and WorldPay, assist us in managing various aspects of our service delivery, including payment processing, account management, and customer support.
Please rest assured that any information shared with these third parties is done solely to fulfill your service requests and manage your account with Nerds On Call. We take every precaution to ensure that your data is handled securely and in accordance with applicable privacy laws. We remain committed to safeguarding your personal information and ensuring it is used only for the purposes intended.
