This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and SNAP REMEDY (“SNAP REMEDY”). Your access to the Site (defined below) and our services, including technical support service provider (“Expert”) access, diagnostics, and repair to your computer systems (“Expert Services”) and cloud backup, antivirus, and password management (“Premium Services”) are governed by the policies, terms and conditions below. For convenience, we refer to the SNAP REMEDY website and any content therein provided by SNAP REMEDY as the “Site”, and we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your SNAP REMEDY account with the Experts as “e-Support” and we refer to any technical support services you may receive from an Expert (including e-Support ) and their listings on the Site as “Expert Services.”
This Agreement limits SNAP REMEDY's liability and obligations to you and allows SNAP REMEDY to change, suspend or terminate your access to and use of the Site, e-Support, your SNAP REMEDY account and Expert Services in its sole discretion. We urge you to carefully read this Agreement and all policies referenced herein or elsewhere on the Site, which are incorporated herein by reference and form part of this Agreement.
YOU UNDERSTAND THAT BY CLICKING THE “AGREE & JOIN” BUTTON, OR BY USING THE SITE, OR BY USING ANY EXPERT SERVICES, OR BY OBTAINING A SNAP REMEDY ACCOUNT, OR BY HAVING ANY FORM OF COMMUNICATION WITH AN EXPERT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING THE SITE AND EXPERT SERVICES.
The Site and Expert Services are only available to persons who are at least eighteen (18) years old (an “Adult”). SNAP REMEDY shall only be responsible for work arrangements made directly and in writing and mutually-agreed upon between SNAP REMEDY and customers. Experts, employees, engineers, managers and any other representatives of SNAP REMEDY act solely in a limited and strictly-defined relationship as independent contractors for SNAP REMEDY, and SNAP REMEDY shall in no way be liable or responsible for any relationships or arrangements made between customers and experts, nor for any offers extended by experts that are not made directly and in writing by SNAP REMEDY itself.
SNAP REMEDY MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE ACCESS TO THE SITE AND/OR SNAP REMEDY SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY SNAP REMEDY AS DETERMINED BY SNAP REMEDY IN ITS SOLE DISCRETION.
An Expert may request that a desktop sharing session be initiated in order to provide Expert Services to you. To engage in a desktop sharing session you will have to: (i) download and install a third party desktop sharing software application (“Sharing Software”) subject to the terms and conditions of the software provider’s license agreement; and (ii) provide the Expert access to your computer using the Sharing Software. You must agree to allow access to your computer to enable the Expert to provide you Expert Services. If you do not, the Expert will not be able to provide you with the Expert Service in question.
SNAP REMEDY confirms that the Sharing Software will not install or copy any files, programs or otherwise either to or from the desktop without explicit permission from the Customer. All programs and tools used by Experts will be run through the Experts’ access, unless such installation has been requested as a part of SNAP REMEDY services. THE SHARING SOFTWARE (NOR ANY OTHER SOFTWARE USED IN CONNECTION WITH THE PERFORMANCE OF SNAP REMEDY SERVICES) IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE SHARING SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE SHARING SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF.
To ensure quality service and maximal safety for customers, communication regarding SNAP REMEDY and its services shall be in writing (either by email or Customer initiation through our Site) or by telephone. SNAP REMEDY shall in no way be liable or responsible for any relationships or arrangements made between customers and Experts, nor for any offers extended by Experts that are not made directly and in writing by SNAP REMEDY itself.
To partake of Expert Services you must have a validly licensed and working personal computer with the following suggested meeting the following minimum requirements:
If you do not have a validly licensed and working personal computer meeting the suggested minimum requirements, please contact an Expert to discuss the services SNAP REMEDY may be able to provide to you.
SNAP REMEDY's charges and billing practices are customer-specific, and you will agree to said charges prior to Services commencing.
The Site and Expert Services may only be used and accessed for lawful purposes. You agree to abide by all applicable laws, treatises and regulations in connection with the Site and use of Expert Services. In addition, without limitation, you agree to comply with the following:
At the end of each session with an Expert, you have the opportunity to leave feedback and make comments about your experience with the Experts with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. SNAP REMEDY advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. SNAP REMEDY does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto. Notwithstanding the foregoing, SNAP REMEDY does reserve the right, in its sole discretion, to remove any Customer Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement.
We invite you to provide SNAP REMEDY with feedback, comments and suggestions for improvements to the Site and Expert Services (collectively, “Feedback”). You may submit Feedback by filling out a feedback form made available on the Site or via email or other means as well as after a support session is completed. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of SNAP REMEDY. You hereby assign to SNAP REMEDY and agree to assign to SNAP REMEDY all of your right, title and interest in and to all Customer Comments and Feedback, including all moral and intellectual property rights therein. At SNAP REMEDY’s request and expense, you will execute documents and take such further acts as SNAP REMEDY may reasonably request to assist SNAP REMEDY to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
“Confidential Information” means:
Any SNAP REMEDY business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to business opportunities or research and development. Confidential Information excludes any information that:
You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SNAP REMEDY, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR EXPERT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF SNAP REMEDY) INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, SNAP REMEDY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT, OR ACTION.
AS BETWEEN YOU AND SNAP REMEDY, THE SITE AND ANY EXPERT SERVICES, PREMIUM SERVICES, THIRD PARTY SOFTWARE, OR GOODS OBTAINED THROUGH THE SITE OR OTHERWISE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SNAP REMEDY AND SUPPLIERS TO SNAP REMEDY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, EXPERT SERVICES, PREMIUM SERVICES, THIRD PARTY SOFTWARE, AND ALL COMMUNICATIONS BETWEEN EXPERTS AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SNAP REMEDY makes no representation or warranty that the Site or any third party software and/or platform will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
UNDER NO CIRCUMSTANCES WILL SNAP REMEDY OR PERSONS/ENTITIES WORKING ON SNAP REMEDY’S BEHALF, INCLUDING EXPERTS AND THIRD PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR EXPERT OR PREMIUM SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR INJURY OR DAMAGES RESULTING FROM USE OF THE EXPERT SERVICES AND/OR PREMIUM SERVICES, INCLUDING, WITHOUT LIMITATION, WHETHER YOU CHOOSE TO MEET WITH AN EXPERT IN PERSON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNAP REMEDY AND PERSONS/ENTITIES WORKING ON SNAP REMEDY’S BEHALF AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES AND/OR PREMIUM SERVICES PROVIDED, OR NOT PROVIDED TO YOU, WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY SNAP REMEDY UNDER THIS AGREEMENT (AFTER PAYMENTS TO EXPERTS AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SNAP REMEDY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will not use the Site or Expert Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SNAP REMEDY has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Should any Expert, employee, manager, agent or representative of SNAP REMEDY suspect that any Customer device or computer contains pirated or illegally obtained software, we reserve the right to suspend, refuse or terminate service, at our sole discretion, until such time as the pirated or illegally obtained software is removed from such device or computer. This includes, but is not limited to, suspension of Expert Services and/or Premium Services, refusal of Expert Services and/or Premium Services, and termination of your SNAP REMEDY account.
SNAP REMEDY will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion, failure or delay in the performance of any third party whose services SNAP REMEDY uses in the course of providing either Expert Services or Premium Services, or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the SNAP REMEDY infrastructure or connectivity to the Internet or failure at a SNAP REMEDY co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, SNAP REMEDY will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
You consent to the use of:
Any notice or other communication to be given hereunder will be in writing and given:
The Site may provide links to websites other than SNAP REMEDY’s. Such links are provided for reference only, and SNAP REMEDY neither controls such websites nor endorses any of the material on any such websites or any association with their operators. SNAP REMEDY accepts no liability whatsoever arising, directly or indirectly, as a result of you visiting any of the links provided by SNAP REMEDY for reference only.
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of SNAP REMEDY and any prohibited assignment will be null and void. SNAP REMEDY may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the Agent, employee, or joint venturer of the other. This Agreement will be governed by and interpreted in accordance with the laws of the province of Ontario Except where prohibited by applicable law, any controversy, claim, or dispute arising out of or relating to this Agreement, your use of any SNAP REMEDY service (including but not limited to the Site, your account, and the Expert Services) will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy, or dispute of any other party. You agree that this Agreement and the rules, restrictions and policies contained herein, and SNAP REMEDY’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SNAP REMEDY. This Agreement together with the rules and policies of SNAP REMEDY constitutes the entire agreement between SNAP REMEDY and you with respect to the subject matter hereof.