Terms of Use
These Terms of Service for Wiz Electronics Inc (This “Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “you”) and Wiz Electronics Inc and its suppliers and licensors (collectively Wiz Electronics Inc”) for the Wiz Electronics Inc Services (“Services”). By using for or purchasing the services or by accepting this agreement you acknowledge that you have read this agreement, that you understand it, that you agree and accept the terms as presented herein. If you do not agree to these terms and conditions, do not apply for, accept, use or purchase the services. The Services include new products, product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, account with Wiz Electronics Inc. The services are for a limited Time only, failure to use the services within the subscription period shall not grounds for a secure of ANY FEES PAID.
Definitions
Terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
“Content”
Software, Materials, Services and other related information are collectively referred to as “Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of
“Services”
“Services” means Wiz Electronics Inc Support Services, which are Wiz Electronics Inc chat and phone based computer optimization and PC cleaning services as set forth on the Wiz Electronics Inc web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and Wiz Electronics Inc may discontinue or modify the Services in its sole discretion. “Software” means any software used by Wiz Electronics Inc in connection with the Services.
“Subscription Period”
Subscription Period means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after the period specified in the chosen package.
“PLANS”
“Plans” or “Subscription/(s)” are tenured Subscription plans offered by Wiz Electronics Inc that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
General
Technical Support Services are provided only via phone, Internet chat and secure desktop sharing. Services are provided upon Subscriber’s contacting Wiz Electronics Inc support as explained on the Wiz Electronics Inc Subscriber authorizes Wiz Electronics Inc to configure its computers and delete the files that Wiz Electronics Inc deems unnecessary to a computer’s operation. Subscriber gives Wiz Electronics Inc express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber provides Wiz Electronics Inc express permission to install, configure, and use such software on subscriber’ computers.
Access
To provide the Services, Wiz Electronics Inc must access a computer or network receiving the Services over the Internet. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. Subscriber is solely responsible for providing an Internet connection and access to its computers. Subscriber must assist Wiz Electronics Inc in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the Wiz Electronics Inc representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the Wiz Electronics Inc representative’s sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide Wiz Electronics Inc with correct and accurate information.
Credit Card Billing
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Wiz Electronics Inc to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Wiz Electronics Inc and/or any other company who bills products or services, or acts as billing agent for Wiz Electronics Inc to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Wiz Electronics Inc with updated credit card information upon Wiz Electronics Inc request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Wiz Electronics Inc nor any Wiz Electronics Inc affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Wiz Electronics Inc option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may, at our discretion, charge you an additional $15.00.
Refund policy
For subscription plans, a full secure will be issued if Wiz Electronics Inc has not been able to resolve even a single issue for your computer within the first 30 days of the signing up to Wiz Electronics Inc subscription.
If our technical support has resolved one or more issues, the fees charged for subscription service will not be refunded. Its sole discretion of Wiz Electronics Inc and on a case by case basis, secure can be issued of the charged fees after deducting charges for services provided to customer.
For incident plans, you will be eligible for secure when any of the following criterions are met:
The issue is out of scope for the particular plan
30 days have not passed after the issue was last worked upon by a Wiz Electronics Inc technician
Issue was not resolved until the time account was active.
We don’t store credit card information for any customer and we would not do any charging without your explicit consent. You may be able to change from one plan to another (e.g. from incident based plan to 180 days plan). We would negotiate with you and in order to accommodate your revised requirements.
Limitations
The Services are subject to change without notice. The Services do not cover restoration services, repair services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. Wiz Electronics Inc does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and file
Term and Termination
For subscription-based Services, this Agreement shall be effective for maximum of twelve months from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the Wiz Electronics Inc representative terminates. In addition, Wiz Electronics Inc may cancel the Services at any time if Wiz Electronics Inc, in its discretion, determines that Subscriber’s use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and Wiz Electronics Inc is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the Wiz Electronics Inc website. Any breach of this Agreement shall immediately terminate Subscriber’s subscription to the Services and/or may limit Subscriber’s access to the Services. No refunds shall be provided upon termination of the Agreement.
Disclaimer
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER “AS IS” BY Wiz Electronics Inc, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER’S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. Wiz Electronics Inc DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Wiz Electronics Inc DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, I3 N EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. Wiz Electronics Inc DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Wiz Electronics Inc. AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (C) ANY VOIDANCE OF A WARRANTY ON THIRD PARTY PRODUCT OR SERVICE RESULTING FROM USE OF THE SERVICES (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER, OR (F) ANY USE OF ON SITE SERVICES BUNDLED WITH THE SERVICES. Wiz Electronics Inc. IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF Wiz Electronics Inc., ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Wiz Electronics Inc. TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEEDS THE FEES PAID BY SUBSCRIBER TO Wiz Electronics Inc. FOR THE SERVICES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
Force Majeure
Wiz Electronics Inc is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. Wiz Electronics Inc is not liable for any failure or delay caused by problems with Internet connections.
Governing Law; Venue
Subscriber and Wiz Electronics Inc agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the USA.
Entire Agreement
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. Wiz Electronics Inc may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. Wiz Electronics Inc may impose limits on certain features of the Services at any time. Wiz Electronics Inc may amend this Agreement at any time by posting a copy of the amended Agreement on the Wiz Electronics Inc website. Such amendments may be made in Wiz Electronics Inc sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. Wiz Electronics Inc is not bound by any representation of
(i) Any agent, representative or employee of any third party; or in
(ii) Information posted on the Wiz Electronics Inc website of a general informational nature.
General Information
This version of the Terms is effective as of December 2012. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between you and Wiz Electronics Inc and govern your use of the Services, superseding any prior or contemporaneous agreements between You and Wiz Electronics Inc. The failure of Wiz Electronics Inc to exercise or enforce any right or provision of the Terms 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 nevertheless agree that the court should endeavor to give effect to the parties” intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without Wiz Electronics Inc express written consent. The Terms inure to the benefit of Wiz Electronics Inc successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.