Terms of Service
The Basics
- We provide services on a pay-what-you-can basis. This means that you decide the price of service.
- Payment is requested only after service is complete.
- We provide the services mainly via remote control session, so if we are unable to establish one, we may refer you to a third party.
- We will do our best to deliver the services you request, but we may decide at any time that resolution of your problem is not feasible for us, end the services, and refer you elsewhere.
- We will not request payment for incomplete services, but if you want to give us money anyway, we won't complain.
Data Backup
You are solely responsible for backing up your data. While we will do our best to avoid such an outcome, we are not responsible for data loss.
Access Authorization
When necessary for the delivery of services that you request, you authorize us to:
- Take remote control of your computer
- Download, install, and use software on your computer
- Gather system information
- Change system or application configuration
- Delete or alter data on your computer
- Take any other action necessary to deliver the service.
If potentially damaging or irrevocable action must be taken in attempting to resolve your problem, we will request your permission before proceeding.
Recording and Monitoring
- We may record and monitor your use of the services, including telephone calls, online chats, and remote control sessions.
- We may disclose any information obtained through recording or monitoring of the services as necessary to satisfy a lawful request from a government agency.
- We will disclose said information in response to such a request only if we determine that we are legally required to do so.
- We may disclose any information obtained through recording or monitoring of the services, for any other reason, in a way that does not personally identify you.
Warranty
If you notify us within fifteen days of payment that you have become dissatisfied with or have additional problems relevant to the service we provided, we will do our best to resolve the problem without requesting additional payment. If our efforts fail, we will refund the fees that you paid for the relevant service.
Security
- We will do our best to deliver the services securely and to keep secure any personal information you provide to us.
- No data transmission over the Internet is entirely secure.
- We make no guarantee that any personal information you provide to us or third parties will be free from unauthorized access.
Third Parties
- We will direct you to a third party for payment processing.
- We are not responsible for the handling of your personal and financial information by the third party.
- Your dealings with any third party, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party.
- We are not responsible for any loss or damage arising from our referrals to or your dealings with any third party.
Heavy Legalese
Disclaimer of Warranties
You understand and agree that, except as expressly set forth above, the Services are provided "as is" and "as available", without warranty of any kind, express or implied, including, without limitation, any warranties concerning the availability, accuracy, completeness, or usefulness of the Services, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that the Services will be timely, secure, uninterrupted, error-free, or successful in resolving your problem. We make no warranty that the Services will meet your expectations or requirements. No advice, results, content, or materials, whether oral or written, that you obtain from the Services or from us shall create any warranty. Your use of the Services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities.
Indemnity
You agree to defend, indemnify, and hold harmless Pay What You Can Services from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Services or violation of the Terms of Service.
The Rest
This version of the Terms is effective as of January 2012, and supercedes any prior or contemporaneous agreement between you and Pay What You Can Services. Our failure to exercise or enforce any right or provision set forth in the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should nonetheless endeavor to effect the intentions of the provision, and the other provisions of the Terms shall remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action you have arising from or related to your use of the Services must be filed within one year after it first arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.