GuruTeks LLC is a provider of online personal or professional computer maintenance and support. A legal and enforceable contract is formed between the client and GuruTeks for availing the support services the client chooses by himself, through GuruTeks website or any third party (vendor). Before you enter into the contract with GuruTeks, You should read the terms and conditions mentioned below carefully. The document lays down clearly the policy and matter specifically related to the materials. Before clicking on the “I ACCEPT” button, please read all the instructions carefully and then proceed further.
The terms describe the prerequisites of the relationship of the client with GuruTeks and the usage of website and computer support services. The instructions should be read carefully as they include important information pertaining to the charges of the services such as fee for early termination, period of contract, conditions under which the contract will be renewed or terminated, limitations of liability, privacy, rights of the website to change conditions of contract, and dispute resolution through arbitration i.e., out of court settlement. If you acknowledge the agreement, then it will be applicable and implicit to all the service plans including the existing ones. If you do not agree to all the terms and conditions, then GuruTeks is not liable to provide any services.
GuruTeks is an independent provider of online technical support services for software, hardware, and peripherals. We are unique because we have expertise in products from a wide variety of third-party companies. GuruTeks has no affiliation with any of these third-party companies unless such relationship is expressly specified. For permitted use and specific warranties associated with the software, hardware, and peripherals, please contact the relevant third party. GuruTeks is not responsible for third party content provided on or through the Site and you bear all risks associated with the use of such third party Content, products and services. GuruTeks’ support staff are GuruTeks Certified Technicians but do not necessarily hold any certifications from any third party unless expressly specified. The use of any third party trademarks, logos, or brand names is for informational purposes only, and does not imply an endorsement by GuruTeks or vice versa or that such trademark owner has authorized GuruTeks to promote its products or services. The GuruTeks website, and all content provided on or through the site, are provided on an “as is” and “as available” basis, except where expressly provided otherwise. GuruTeks expressly disclaims all warranties of any kind to the fullest extent allowable by applicable law, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement, with respect to the GuruTeks Website and all content provided on or through the GuruTeks Website. GuruTeks makes no representations or warranties as to: (a) the GuruTeks Website or its Content will meet your requirements; (b) the accuracy, reliability or quality of the results that may be obtained from the use of the GuruTeks Website, its Content, or anything obtained by you on or through the GuruTeks Website or its Content will meet your expectations. GuruTeks makes no representations or warranties that the GuruTeks Website will be available on a, timely, continuous, secure or error-free basis. Any Content accessed, downloaded or otherwise obtained on or through the use of the site is used at your own discretion. GuruTeks shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.
Guru Teks Websites
Websites of GuruTeks are teks.guru and or any other website owned, managed, operated or given the license by teks.guru to any third party which may be the reseller of GuruTeks services.
“Materials” refer to the web casts, download areas, white papers, press releases, datasheets, FAQs, product related information, quick reference guides, or similar works of any kind which are available in the form of downloads from the GuruTeks Websites come under the proprietary and copyrighted material of GuruTeks and/or its suppliers. Although this definition of “Materials” does not include the design or layout of the GuruTeks Websites or any other websites owned, operated, licensed or controlled by GuruTeks
Definition of “Software” is a type of computer program, which includes client and/or network security software owned by GuruTeks or a third party, which is available to use and may be downloaded through a link on the website or in the form of CD, any other media, or delivered through any other means. These Software are protected under copyright, trade secret, unfair competition, and other laws which come under Intellectual Property Rights. It includes both types of software i.e., GuruTeks Software and third party Software. The use of Software by you implicitly refers to the respective agreements such as a license agreement or user agreement which include all the terms and conditions (“License Terms”) related to the Software, ordering documents, and exhibits.
Introduction: “Per-Incident-Services” are available for a fee at a single incident basis, i.e., one-time service whereas clients of “Subscription-Based- Services” are entitled for more than one Service over a certain period. GuruTeks shall provide the Services as mentioned in the Terms and Conditions of the clause. As per the requirement the service representative of GuruTeks, will provide the services to you through a live chat session on your personal computer via internet, or through telephone, email or in person. The objective of GuruTeks is the continuous improvement of its services and products. Also, GuruTeks can improve the technical aspect related to the services at its own discretion and but as per the existing laws may alter the features or descriptions of the Services from time to time. However, this will not change the quality of the Services provided to you which it has specifically agreed to provide you.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Support Software Tool and Remote Access : At the time of Services Session, GuruTeks may
ask you to download and install certain support software on your personal computer from the Site and/or remotely control your PC with your permission by using the remote assist tool with the help of GuruTeks service representative; in order to repair a problem, after diagnosing it, collect the system data and make some modifications in the computer settings; during the service session GuruTeks may use third party support software on your PC. As discussed in the terms and conditions, the remote assist tools and the support software (including any third party software) owned by GuruTeks or any third party licensors, vendors or suppliers to be used during the service session to analyze, diagnose and fix a problem, are collectively known as “Support Software Tool”. By giving approval to accept the support from GuruTeks, it is implicit that you have allowed the representative to install any support software tool or remotely access your personal computer to resolve the problem. During the service session GuruTeks expects that you have the understood the process of remote access during which there would be no residual software on your PC, instead if you want you can disconnect the access at any time.
Description of Services
GuruTeks will provide the following services as per the terms and conditions. The service representative will diagnose the Software problem that you are facing on your computer/tablet/Phone or connected devices for which you need help. After diagnosing, it will be fixed by installing the required software or work on the specific executive files for that program or software which is facing the problem. This will help in improving the performance of your PC. During the diagnosis, if any other problem is detected then our representative will suggest you to use any other software products. In addition to that, our representative will set the operating system and also diagnose and address PC, network or peripheral related issues. Sometimes, even after initial testing and suitable environment services, some computers may fail to receive the services in absence of a high speed internet connection or some other hardware related issue.
Commercially Reasonable Effort
GuruTeks makes every possible effort to fix your problem which is reasonably priced and if the problem cannot be resolved, then you are not liable to pay the charges to the service representative if unless otherwise specified. During the service session, if the GuruTeks service representative finds out that the issue is beyond the scope of repair then GuruTeks may refer you to any other appropriate alternative source, not directly but if required. As per the laws, GuruTeks on its sole discretion, reserves the right to refuse, suspend or terminate any of the existing services.
Sometimes the services are not always available according to the time zone, or on the same geographical location, as it may have some system maintenance or internet related issue. At the time of purchase of Subscription services, your computer must be virus free, as determined by GuruTeks. If virus is detected, then prior to purchase of subscription services, cleaning of the computer with an antivirus product may be required. In case GuruTeks, by any means, finds out that your subscription service is being used fraudulently, unreasonably, by any user other than you, or any system other than registered system, then it reserves the right to terminate the service by giving notice. If the subscription is terminated, then in that case, GuruTeks will reimburse a pro rata portion from the prepaid amount. Depending on the purchase of subscription level, the services are subjected to additional requirements, limitations and restrictions.
By accepting to use our Service, You agree that you are in legal possession of the software installed on your PC. You also agree that your PC, and your use of services and internet is solely at your risk. If you choose to accept the Services, you confirm that: You have full access to the hardware and software which forms the basis of the problem, and Have performed a back-up on separate media of the software / data on any other hardware so that it is safe. The information provided to GuruTeks by you must be accurate, which includes your details such as name, address, credit card numbers with expiry dates or any other payment related information. Any bills to be paid by credit card should be authorized by you in the name of GuruTeks.
To the extent, as applicable by law, GuruTeks will not be liable for any loss or recovery of the data, programs, or use of systems(s) or network issues arising out of negligence, or any act of omission for the Services given by GuruTeks and/or its representatives. If any password or access control is provided to you, then it is strongly recommended to immediately change the password after completion of services.
Transfer of Services
Transfer in case of Subscription-Based-Services is done only once during the subscription period from one computer to another provided it is of the same owner. The Services are strictly prohibited to be used with a service bureau or any other network of distribution or sharing arrangement, or on behalf of any third parties or any hardware or software previously installed on your computer.
GuruTeks does not provide any data backup or restoration services. It is your sole responsibility to Maintain and take the back up of all data, text or other storage media or materials such as software which we call as “customer data” before the order for the services is given. An acknowledgement of agreement should be given by you that GuruTeks or its referral partners will not be responsible or liable for any loss of data, hardware or software under any circumstances while availing the services. GuruTeks does not provide any backup copies or support in installation of unlicensed software to the customers. It should be ensured that you have a licensed copy of all necessary software.
SERVICE PLANS, REFUNDS, BILLING, PAYMENT RENEWALS
The Per-Incident-Services shall be provided on a one-time basis. The term “one-time” means the service will address a single problem at a time for a single customer on his/her personal computer. If the customer makes a request within 30 days for the same technical issue then a follow-up consultation is provided. Sometimes, the Services may not give the desired results because due to remote assistance, the problem may be beyond comprehension and it might be difficult to resolve. If a Single Incident Service has been purchased from GuruTeks, then the following warranty applies: If it is not possible to resolve the technical issue and all the conditions have been fulfilled by You, then no fee would be charged for that particular Service. If the problem occurs again after the resolution provided and we get a call from You within 30 days from the day of receiving the Single Incident Service, commercially reasonable efforts would be made at no additional charge. If the problem persists then the fee paid would be refunded for the Single Service. No other warranties are there for the Services.
The fee varies for the Subscription Services, depending on the type and duration of subscription purchased. Only if a special or a trial offer for Subscription Service has been purchased unless otherwise mentioned, a one-time set up fee is applicable to all the Subscription Services.
The redemption period for refund of “PER INCIDENT PLAN” lasts for 30 calendar days from the date of purchase of the single service plan. If You can prove that GuruTeks has not provided you with satisfactory services for the PER-Incident plan, then GuruTeks will refund the money that You paid for our services (shipping and handling charges, and any other applicable taxes are deductible, except for certain states and countries where all these charges are refundable). The refund request can be claimed by contacting with the help desk of the website or customer care within the specified period for redemption.
If You have purchased SUBSCRIPTION services from Guruteks and You choose to cancel the subscription request, GuruTeks is liable for the repayment of the cancelled subscription service (shipping and handling charges, and any other applicable taxes are deductible, except for certain states and countries where all these charges are refundable), provided that you have not used our support service or devices on your PC or any other devices. The refund request should be made within 5 business days from the purchase of the service.
Payment for the Services
The fee quoted for the Services is available on the site or may be quoted over telephone. The order may be made according to the requirement. The payment (including the applicable taxes) of your order will be made on your credit card and the charges are applicable as per your selected Services. For purchase of the Services made by you from GuruTeks through the Site: You agree that GuruTeks may charge to your credit card or other authenticated payment mechanism requested by You and verified by GuruTeks all amounts payable and owing for GuruTeks for the Services; Unless otherwise agreed by GuruTeks in writing, all payments payable for the Services must be made at the time of purchase immediately after receiving these services from GuruTeks; GuruTeks, is not obliged under any condition, to give the Services if the payment is not made. Services purchased from a Reseller/Vendor will be subjected to their terms of sale.
GuruTeks LLC will notify You via e-mail, 30-days prior to expiration of the Subscription Service agreement. It is Your responsibility to request renewal of the Subscription Service. Subscription Services are not automatically renewed and ends after the period is over.
Fair Usage Policy & Termination
Though there is no limit for the online support requests for the subscription based plan selected by the client, as defined by GuruTeks, however, each Subscriber’s use of the support services are subject to GuruTeks’s “fair use” policy. Under this policy, at any time, if it is found that, in a subscription based plan, user is misusing the service by any means, or exceeding the level of use unreasonably, then GuruTeks at its sole discretion reserves the right to suspend or terminate the Subscriber’s Subscription Services. In addition, GuruTeks also has the full right under its discretion to suspend or terminate any Subscription Services of existing Subscribers if it is found that the services are being used (a) fraudulently, (b)by any person other than Subscriber, or (c) for any computer system other than a Registered System.
PRIVACY : DATA PROTECTION
UNLAWFUL AND NON-COMMERCIAL USE LIMITATIONS
Personal and Non-Commercial Use Limitation
Unless specified in the agreement, the Services, Materials and Software included in your service plan are solely for personal and noncommercial use. It cannot be reproduced, modified, copied, distributed, transmitted to anyone, published anywhere, given license to anyone, displayed, performed, create derivatives from the originals, sell information, regarding the software, products or services from the Subscribed Services. All the Services, Materials, and Software are available only for a valid Service Plan.
Unlawful or Prohibited Use
The Materials, Software or Services available on GuruTeks Website should not be used for any unlawful purpose or prohibited by the Terms and conditions of Use. Also it should not be used in any manner that may lead to improper functioning or overburdening of any GuruTeks server, or the network(s) connected to it or may lead to interference while someone else is using Materials, Software or Services available on GuruTeks website. No attempt should be made in order to gain unauthorized access to any Materials, Software or Services on GuruTeks Websites through hacking or password mining, of other accounts, computer systems or networks connected to any GuruTeks server. No means other than specifically permitted to you under a Plan Order should be applied to obtain the Materials, Software, Services or information from GuruTeks Websites.
General Usage Restrictions
Use of all the Services, Materials or Software, on GuruTeks’ website is strictly prohibited unless mentioned in the agreement. The rights to execute, copy, modify, display, transmit, distribute, manufacture, use, and sale the products and services are all reserved by GuruTeks and its suppliers. Reverse engineering and decompilation of the Software is also strictly prohibited.
OTHER IMPORTANT INFORMATION
Disclaimer of Warranty
According to the law and its extent of application, GuruTeks expressly disclaims all warranties, whether express or implied, warranty without limitation, warranty of merchantability, and fitness for a particular purpose or non infringement. as per the conditions, GuruTeks makes no warranties that: The services and/or site will address all your requirements; The services and / or site will be unremitting, apt, safe, or error-free; The results acquired by the use of the services and/or site will always be precise or trustworthy; The quality of any services, products, services or information purchased by you and/or site will address your expectations; and Any faults in the services and/or site will be accepted. any kind of support software tool, materials and/or data downloaded or otherwise gained by using these services is at your own judgement and jeopardy. the support software tool is provided “as it is,” without any warranty and the usage instructions are also presented along with it. GuruTeks provides no warranty for the third party products.
Limitation of Liability
Some states and their jurisdictions comprising the member countries of the European economic area, do not permit the limitation or exclusion of liability for incidental or consequential damages so the mentioned limitation or exclusion liabilities may not apply. as per the maximum extent of applicable law and despite of whether the solution provided herein fails to meet the crucial purpose, GuruTeks will not be liable for any type of special, significant, indirect or similar damages, which includes any lost profits or lost data due to the services provided even if GuruTeks has advised of such possibility of damages. in any case, GuruTeks’ liability shall not exceed more than the price that you paid for availing the services or fifty dollars (U.S. $50.00) or equivalent amount in the valid currency.
Limitations of Actions
If the cause of action is commenced within three months then it will be resolved otherwise it shall be waived off or disqualified.
GuruTeks and its licensors or suppliers hold all proprietary rights related to the GuruTeks Websites, its Services, the Support Software Tool, all trade names, trademarks and service marks associated with the Services. None of the GuruTeks’ proprietary rights such as trademarks notices, copyright, legends, notices, or any other incorporated service marks shall not be removed, defaced or obscured by you. Any Support Software Tool with the Services shall not be reverse engineered, reverse compiled or reduced to any other readable form.
GuruTeks shall not be deemed responsible for any failure in the performance due to any circumstances beyond control, which also includes but does not limit the acts of God, civil or military war, riots, embargoes, natural calamities such as fire, floods, accidents, and industrial problems such as strikes, lockouts, transportation, a new computer virus, fuel, energy, labor or materials. Hence, GuruTeks is not liable, to you or any third party for any direct or indirect damages which might result from such delays. GuruTeks or its associate concerns may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability to perform maintenance activities and session control.
An acknowledgement has to be given that the Support Software Tool, related technical data and services (collectively termed “Controlled Technology”) is subject to the import and export laws of the US territory, and the laws of other countries also where Controlled Technology is imported or re-exported. Your consent should be given that you will comply with all the relevant laws. You will not export any Controlled Technology which is contradictory to US law or to any prohibited country, entity, or person for which an export license or other governmental approval is required. All GuruTeks products are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any other country which requires relevant trade sanctions. You hereby agree not to export or sell any Controlled Technology to be used for any chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles testing.
If any provision given in the Terms of Service is held invalid or unenforceable, then keeping the other provisions in effect, that portion shall be enforced to the maximum possibility. Due to some reason, if GuruTeks fails to enforce any provision of the Terms of Service then it should not be deemed as a waiver of that provision.
GuruTeks reserves the right to make alterations in the Terms and Conditions, at GuruTeks Portal by posting a revised version of the Terms and Conditions on the GuruTeks Portal or by sending information regarding any amendment to the Terms of Service to the email address provided by at the time of registration. It is the client’s responsibility to regularly review the GuruTeks website for any notifications or amendments in the Terms and Conditions
THIRD PARTY PRODUCTS AND SERVICES
Third Party Products
GuruTeks may suggest you to acquire, install and use certain third party software or services which is licensed by the respective owners or licensees of the Third Party Software. Before installation of the Third Party Software on your PC the terms and conditions should be followed given by the owners or licensees, even if assistance is provided by GuruTeks during the acquisition, installation, and/or use of Third Party Software. GuruTeks will not take responsibility or right to the Third Party Software. It does not gives you the license of Third Party Software or make any representation or warranty regarding it. Even if technical assistance and support is provided by GuruTeks, for Third Party Software or equipment, it must be in compliance with the terms and conditions under which it has been purchased. We do not represent or give warranty that we are an authorized service provider for Third Party Software or equipment; it is your sole responsibility to determine whether you want us to give additional rights to provide such support. You have to acknowledge that support of Third Party Software or equipment by an unauthorized service provider may declare void any warranty which is made by the supplier of such Third Party Software or equipment.
Third Party Services
As a part of the Services provided to you, GuruTeks may suggest certain third party services. If you accept to use or subscribe any third party services, then it is subject to the terms of service of the service provider. In that case the delivery of services and its use should be in compliance with such provider’s terms of service. Third party services may include, technical support, portal, training, music, gaming and storage services (but not limited to) that GuruTeks will make available from time to time. If the terms of third party service provider are violated then it may result in the termination of your customer account and use of service at GuruTeks’ sole discretion.
The Terms will be governed according to the laws of Texas. The Terms will not derogate you from any rights, which come under existing consumer protection legislation or other applicable laws in your jurisdiction. The Terms are an agreement between you and GuruTeks for the Services provided and: (i) supersede all prior oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevailing conflicts or additional terms of any quote, order, acknowledgment, or any communication between the parties. The Terms would be deemed as terminated immediately if there is any breach and the Services will be stopped. The disclaimers of warranties and damages and limitations of liability agreed upon shall survive termination. If there are any queries, regarding the Terms, or if you want to contact GuruTeks, then please write to: (i) GuruTeks Customer Service, email@example.com or call us at 1-800-406-6187.