These terms and conditions comprise the entire agreement between Customer and Wasatch Syndicate with respect to our services.
If a Customer would like to continue the Service after expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are non-refundable. As Wasatch Syndicate may change the fees and charges in when, or add new fees or charges, by giving Customer notice in advance.
Wasatch Syndicate may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, Wasatch Syndicate will notify you by posting the changes to the site from which you purchased the Services. Wasatch Syndicate reserves the right to modify or discontinue the Service with or without notice to Customer. Wasatch Syndicate shall not be liable to the Customer or any third party should Wasatch Syndicate exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
Customer agrees that prior to Wasatch Syndicate servicing any Customer equipment it is Customer’s responsibility to:
(1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) Remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer can request Wasatch Syndicate to backup their data for which Wasatch Syndicate will not be liable for any data corruption during packing or unpacking of files.
Wasatch Syndicate shall not be liable for any failure or delay in performance due to any cause beyond its control. Wasatch Syndicate and/or its third party service providers reserve
the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Wasatch Syndicate.
Customer agrees to indemnify, defend, and hold harmless Wasatch Syndicate (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable solicitors’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Wasatch Syndicate by reason of, or arising from:
(a) Customer’s breach of this Agreement;
(b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;
(c) Customer’s actual or alleged failure to promptly pay sums due to Wasatch Syndicate or third parties;
(d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WASATCH SYNDICATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WASATCH SYNDICATE MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ASK REMOTE XPERTS NASHVILLE DIRECT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER
FROM WASATCH SYNDICATE OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
WASATCH SYNDICATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WASATCH SYNDICATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is Customer’ s responsibility to back-up the software and data that is stored on Customer’ s computers, hard disk drive( s) , and/or on any other storage devices Customer may have, and Wasatch Syndicate shall not be responsible at any time f or any loss, alteration,
or corruption of any software, data, or files. Wasatch Syndicate shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to
Customer by Wasatch Syndicate. Notwithstanding any language to the contrary, Wasatch Syndicate maximum liability to Customer arising from or related to Wasatch Syndicate under this Agreement shall be limited to the sums paid by Customer to Wasatch Syndicate under this Agreement during the three months prior to the time the cause of action arose.
These Service Terms shall be governed by and construed in accordance
with the laws of State of Utah, United States of America excluding its conflict of law provisions. Customer and Wasatch Syndicate agree to submit to the exclusive jurisdiction of the courts in State of Utah, United States of America. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Wasatch Syndicate agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Wasatch Syndicate is an independent service provider. It does not work for Microsoft nor has any association with Microsoft. However, Wasatch Syndicate deploys Microsoft Certified Technicians to initiate and conclude support services.