ONLINE VIRUS REPAIR SERVICES TERMS AND CONDITIONS
The following terms and conditions (hereinafter collectively referred to as the “TERMS”) constitute a legal and binding agreement between Online Virus Repair Inc., 560 Higuera Street, San Luis Obispo, CA 93401 (hereinafter referred to as “OVR”) and the user (hereinafter also referred to as the “USER”) of the services (hereinafter collectively referred to as “SERVICES” and described below) selected or initiated by the same USER either on the OVR website (hereinafter referred to as the “SITE”) or through the OVR call-center (hereinafter referred to as the “PHONE”).
The policy and material specifically referred to in the TERMS are incorporated into the TERMS by reference.
By clicking on the Connect Now button, as well as by use of the SERVICES, you are deemed to have expressly accepted and consented to be bound by the TERMS.
SECT. 1 – SERVICES
1.1. SERVICE DESCRIPTIONS. Subject to the TERMS, OVR shall provide the following service:
1.1.a. Malware removal. OVR diagnoses client PC to determine if is infected by malware (such as, by not limited to: rootkit viruses, Trojans, junk software, viruses, adware/PUPS, junk toolbars / extensions, spyware and browser hijackers) and cleans the infected computer to the best of our abilities.
1.1.b. Computer Tune-Up. OVR diagnoses PC in order to improve performance, removes spyware, adware, and PUPS (potential unwanted software), commonly known as junk software.
1.1.c. Protection Setup. OVR installs anti-virus, anti-malware, ad-blocking, and expert setup and configuration, in order to protect computer from all types of malware.
1.2. MINIMUM REQUIREMENTS. To receive the SERVICES, are required both a reliable high speed internet connection (cable, DSL, fiber, or a provider with at least 5mbps down) and the following minimum system requirements:
1.2.a. Windows Vista or newer-– 1000MB RAM – 10,000MB of available hard drive space – administrators password;
1.2.b. Mac OS is not supported under any circumstances;
1.2.c. Working mouse and keyboard;
1.3. ONE TIME DELIVERY. The SERVICES shall be provided on a one-time basis. Accordingly, SERVICES purchased will address a single issue or problem and include follow-up resolution upon request within 90 business days on the same issue or problem.
1.4. SERVICE DELIVERY TIMES. Before the SERVICES are rendered, OVR provides a mere and approximate estimate of SERVICE delivery times, based on the scenario for each USER, who expressly acknowledge the following:
1.4.a. OVR does not promise, guarantee, or warranty any time frame for any of the SERVICES provided;
1.4.b. many factors (such as, without limitation, internet connection speed, computer performance, etc.) may extend the estimated SERVICES delivery times.
1.5. GEOGRAPHICAL AND LANGUAGE LIMITS. SERVICES are only available in the territory of United States of America and are provided in English only. OVR does not offer any translation service. OVR may refuse service under language-communication problems (IE: strong accents, rude comments, or for any other reason.)
SECT. 2 – PAYMENT AND COLLECTION
2.1. PAYMENT FOR SERVICES. The applicable fees for the SERVICES are be quoted on the SITE or on the PHONE before their execution.
2.2. CHARGE. The fees due for the SERVICES will be charged – online, via Freshbooks invoicing or by PHONE – directly using credit card of the USER, who agrees to pay the charges applicable to the selected SERVICES, as well as any applicable taxes. To such purposes, USER expressly agrees the following:
2.2.a. OVR charges to USER credit card (or other valid payment method approved by OVR) all amounts due and owing for OVR for the SERVICES;
2.2.b. Unless otherwise agreed by OVR in writing, all payments for the SERVICES must be made at the time of SERVICES completion;
2.2.c. in case of payment delay over 30 (thirty) days, all amounts due and owing for OVR for SERVICES are submitted to collections, adding both a 15% (fifteen percent) fee on such amounts plus a USD 25.00 (twenty five) service charge; OVR expressly reserves the right to use any USER billing information for billing and collections purposes; in addition to the above, OVR may file a formal complaint to the USER’s internet service provider;
2.3. REFUNDS. No refund will be authorized, exception made for the provisions above in Sects. 3.1 and 3.2.
SECT. 3 – WARRANTY
3.1. ISSUES BEYOND THE SERVICES ABILITY. Before or in course of providing the SERVICES, OVR may determine, at its own discretion, that the issues are beyond the scope or the ability of the SERVICES (such as, without limitation, in case of damaged computers, etc.). To such purpose, OVR may use commercially reasonable efforts to refer the USER to the appropriate alternative resources, provided that OVR has not the obligation to transfer the USER directly to such resources. In such case, OVR will not charge the fees for the selected SERVICES.
3.2. TROUBLESHOOTING. In case of any problem with the SERVICES experienced by the USER, the latter shall inform OVR within 90 (ninety) days from the day the USER originally received the SERVICES and OVR will use commercially reasonable efforts to try to resolve the problem at no additional charge, provided that any problems outside the scope of the SERVICE will not be accepted, and may incur a charge. If those efforts are unsuccessful, OVR will refund the fees paid for the SERVICES in question.
SECT. 4 – DISCLAIMER OF WARRANTY
4.1. DISCLAIMER OF WARRANTY. OVR expressly disclaims any and all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. In particular, OVR makes no warranties that:
4.1.a. SERVICES will meet USER requirements or expectations with reference to the quality of any SERVICES, product or information purchased or obtained through the SERVICES and/or the SITE and/or by PHONE;
4.1.b. SERVICES will be uninterrupted, timely, secure, or error-free;
4.1.c. The results that may be obtained from the use of the SERVICES will be accurate or reliable; and
4.1.d. Any errors in the SERVICES will be corrected.
4.2. LIMITATION OF LIABILITY. In no event OVR will be liable or responsible, under any circumstance at any time, to USER and/or any third party for:
4.2.a. any loss or corruption of data or software stored on USER’s computer and/or storage media, hardware (including, without limitations, hard drives, memory modules, or external USB devices, etc.), use of systems(s) or networks arising out of the SERVICES;
4.2.b. Any act or omission, including negligence, by OVR and/or its employees, affiliates or representatives; furthermore, USER expressly acknowledges and agrees that OVR does not provide data backup or restoration services;
4.2.c. Any special, consequential, indirect or similar damages, including any lost profits arising out of the provision of SERVICES, even if OVR has been advised of the possibility of such damages. Notwithstanding the preceding, in no case shall OVR’s liability exceed the greater of the price paid for the SERVICES.
4.3. FORCE MAJEURE. OVR shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond OVR’s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, OVR may be excused from such performance to the extent it is delayed or prevented by such cause.
SECT. 5 – USER RESPONSIBILITIES
USER expressly agrees that is a legal license holder of the software on his personal computer and his use of the SERVICES is solely at his own risk. By receiving the SERVICES, USER agrees and confirms that:
5.1. Has full access to his hardware and software that are the basis of the problem;
5.2. Has completed a backup onto separate media of any software or data on the hardware that may be impacted by the SERVICES;
5.3. All information that provided to OVR must be accurate, including his name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided to OVR;
5.4. Authorizes OVR to bill the credit card provided to OVR, for any charges to which the same USER consents.
SECT. 6 – PRIVACY AND DATA PROTECTION
6.2. When USER requests the SERVICES, the following information will be collected and sent from USER’s personal computer to OVR via an internet connection:
6.2.a. Information provided to OVR’s employee or representative over the PHONE or entered into the SITE;
6.2.b. The type and version of operating system;
6.3. During the SERVICES session, the following information may be collected from the USER’s computer and sent to OVR via secured connection:
6.3.a. System information (i.e., operating system, directory listing, installed programs, active processes information, registry data, and occasionally data files.
6.3.b. the number of files scanned, threats found and the type thereof, threats fixed, and threats remaining that have not been fixed;
6.3.c. Whether a firewall or antivirus software are installed, running, and up to date;
6.4. The information as set out above are collected by OVR at the sole purpose of delivering the SERVICES (including analyzing, diagnosing, and resolving the problem experienced by USER), optimizing the functionality thereof, and drafting statistics in anonym form to track and publish reports on security risk trend. Such information may be disclosed by OVR only if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process.
SECT. 7 – REFUSAL, SUSPENSION AND TERMINATION RIGHTS
USER acknowledges that OVR has the right to refuse, suspend or terminate any of the SERVICES in its sole discretion. Furthermore, the TERMS shall terminate immediately upon any USER breach of any term contained herein. The disclaimers of warranties and damages, and limitations on liability set forth in the TERMS shall survive termination.
SECT. 8 – PROPRIETARY RIGHTS
All intellectual property rights and any information relating to the SERVICES including, without limitation, all patents, inventions, studies, know-how, design rights (whether registered or not), as well as trademarks, brand names, and logos associated or displayed with the SERVICES or within the SITE, are exclusive property of OVR or its licensors or suppliers.
SECT. 9 – GOVERNING LAW AND ARBITRATION
These TERMS will be governed by the laws of the State of California (U.S.A.). USER agrees that any dispute, claim or controversy arising out the execution of this TERMS shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. In particular, by agreeing to the TERMS, USER agrees that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and waives the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the TERMS. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (whose rules and forms are available online at www.adr.org). The arbitrator is bound by the TERMS and may award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
SECT. 10 – MISCELLANEOUS
10.1. RECOMMENDATIONS. USER acknowledges that OVR may recommend software for monetary gain, such as, but no limited to, anti-virus, backup software, malware-protection, and others.
10.2. NO IMPLIED WAIVER. Any tolerance or silence by OVR, even if on a continuous and reiterated basis, in relation to any breach or default by the USER of any provision of this agreement, as well as any acceptance of payments by the OVR, shall not be considered as a consent by the latter to such breaches and defaults and shall not affect the validity of the clause breached by USER nor shall be construed as a waiver to any of the rights pertaining to OVR pursuant to this TERMS and/or to the applicable law.
10.3. ENTIRETY. TERMS are the entire agreement between USER and OVR relating to the SERVICES and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter, and prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.
COLUMN or CAPTION FOR SECT. 1:
Our services are provided on a one time basis, only for the U.S.A. and in English only. We make efforts to provide timely services, but many factors may extend such delivery times. Reliable internet and a decently performing computer is required for our service.
COLUMN or CAPTION FOR SECT. 2:
Our fees are always quoted before their execution and charged only on their completion. In case of payment delay, we may charge collection service fees and file a formal complaint to your internet service provider.
COLUMN or CAPTION FOR SECT. 3:
Despite all our reasonable efforts to resolve your issues, some problems are beyond our ability. In such cases, we will not charge our service fee (or we will refund it, if previously paid).
COLUMN or CAPTION FOR SECT. 4:
DISCLAIMER OF WARRANTY
We are not liable if something goes wrong. We don’t provide a restoration service: always have a backup of your data and software stored on your computer or devices.
COLUMN or CAPTION FOR SECT. 5:
Please, respect our few rules to avoid any problems.
COLUMN or CAPTION FOR SECT. 6:
PRIVACY AND DATA PROTECTION
COLUMN or CAPTION FOR SECT. 7:
REFUSAL, SUSPENSION AND TERMINATION RIGHTS
We may stop providing services at any time.
COLUMN or CAPTION FOR SECT. 8:
Please respect our trademarks, brands and intellectual property rights.
COLUMN or CAPTION FOR SECT. 9:
GOVERNING LAW AND ARBITRATION
The laws of the State of California (U.S.A.) govern our relationship. We hope all will be fine, but in case of dispute, claim or controversy such issues will be resolved by arbitration or small claims court.