Terms & Conditions for Security And Maintenance (SAM) Plan

April 23, 2010

Security And Maintenance (SAM) Plan Terms & Conditions

“CTCP”, “we”, “us”, or “our” refers to Cyber Tek Computer Pros.

“You” or “your” refers to the customer of record.

TERMS

  1. This agreement is between Cyber Tek Computer Pros and the customer.
  2. This agreement applies to the Security And Maintenance plan hereafter referred to as the SAM plan.
  3. Cyber Tek Computer Pros reserves the right to change these terms and conditions at any time without notification to SAM subscribers.

ORDER FOR SERVICES

  1. By paying the first month’s fee for the Security And Maintenance plan, the customer agrees to the terms and conditions outlined in this document.

PRICES

  1. Each workstation will incur a charge of $20 per month or $240/year.
  2. Each Server will incur a charge of $40 per month or 480/year.
  3. Discounted remote support rate of $60/hour billed in 15 minute increments.
  4. Services required by the customer to be provided after normal business hours (Monaday through Friday from 8am to 5pm, excluding holidays) will be billed in the following fashion:
    1. Service provided Monday through Friday from 5pm to 9pm will be billed at 1.5 times the normal rate.
    2. Service provided between 9pm and 8am will be billed at 2 times the normal rate.
    3. Service provided on Saturday between 8am and 9pm will be billed at 1.5 times the normal rate.
    4. Service provided on Sunday from 12am to 12pm will be billed at 2 times the normal rate.

PAYMENT

  1. If paying monthly, the customer must provide a credit card which we will keep on file to charge monthly charges to.
  2. The customer must notify Cyber Tek Computer Pros if there are any changes to the credit card being used to pay for the SAM plan.
  3. Charges are performed on the first business day of the calendar month. If payment fails, CTCP will contact the customer to get updated credit card information.
  4. Payment is made at the first of the month for services that will be rendered for that month.
  5. If payment has not been made by the 10th day of the calendar month, services will be terminated and any software installed by CTCP in support of the SAM plan will be uninstalled.
  6. Customer is responsible for any additional fees levied on Cyber Tek Computer Pros by financial institutions related to the payment of their monthly fee over and above the usual credit card fees associated with normal payment. This includes, but is not limited to chargeback fees, insufficient funds fees, and late fees.

SERVICES PROVIDED

  1. Managed security software will be installed, monitored, and maintained on your computer.
  2. Computer monitoring software will be installed on your computer. This software monitors the health of your computer and notifies us of any potential issues.
  3. Remote control software will be installed on your computer. This software allows us to work on your computer over the internet.
  4. Cyber Tek Computer Pros will perform critical Windows security updates in order to keep your computer safe.
  5. Cyber  Tek Computer Pros will fix any problems related to  Windows itself.
  6. Cyber Tek Computer Pros will attempt to keep computers covered under the SAM plan running as fast as they can by performing ongoing and periodic tune-ups.
  7. Cyber Tek Computer Pros will keep the following programs up-to-date on your computer: Adobe Flash Player, Java, Adobe Reader, Java, Adobe Air, Google Chrome, Mozilla Firefox, and .NET. Other programs may be kept up-to-date if Cyber Tek Computer Pros deems that program to be a security risk or necessary for the normal operation of Windows.
  8. Infection free guarantee.
    If your computer becomes infected, CTCP will clean off the infection for free.
    Note that if the customer has broken any section of this agreement by removing or disabling security software, changing settings, allowing another computer service company to work on your computer, or granting access to a covered computer to someone whose actions compromise Windows or the security of your computer, or if CTCP determines the infection is the result of your actions, this guarantee is null and void and the customer will have to pay regular charges to remove infections.
    The no infection guarantee only applies to versions of Windows currently supported by Microsoft.
  9. Discounted remote support.
    A discounted remote support fee of $60/hour billed in 15 minute increments will be charged for any services other than those included in the SAM plan. These charges will be charged to the same credit card your monthly SAM fee is charged to. Annual subscribers will be billed for these service. Failure to pay for these services will result in termination of SAM plan services on all computers.
  10. All services are provided only during normal business hours which are Monday Through Friday from 8am to 5pm excluding holidays.

SERVICES NOT PROVIDED

As stated earlier, the SAM plan covers Windows itself and any programs that come with Windows. The following is a partial list of things not covered under the SAM plan.

  1. Any devices connected to a computer including, but not limited to printers, cell phones, scanners, signature pads, digital pads, and the like.
  2. Any software that is not built-in to Windows. This includes, but is not limited to Microsoft Office, Email Clients (Except Windows 10 Mail), Backup Programs not purchased from CTCP, QuickBooks, Quicken, Adobe Photoshop, games, TurboTax, and apps downloaded from app store. Basically, anything that isn’t built-in to Windows is not covered.
  3. Accounts on websites, servers, or other services not provided by CTCP. This includes, but is not limited to email accounts, website accounts, file sharing accounts, etc.
  4. EXCEPTIONS
    There are a few exceptions to this rule. The SAM plan will cover the software listed here even though it is not built-in to Windows.

    1. Google Chrome
    2. Mozilla Firefox
    3. Microsoft Edge is covered since it is built-in to Windows
    4. Internet Explorer is NOT covered even though it is built-in to Windows.
  5. This plan does not include any onsite service or discounts for onsite service. Only remote service is included. The one exception to this is the no infection guarantee. In order to disinfect a covered computer, CTCP may need to pick it up and work on it in our office.

SOFTWARE & Settings

Cyber Tek Computer Pros will install and maintain the following software and settings on your computer. Uninstalling, disabling, or interfering with the software and settings listed below will make the infection free guarantee portion of this agreement null and void.

  1. ScreenConnect
    Used for remote control of your computer so that we may work on your computer over the Internet.
  2. Managed Antivirus
    Security software.
  3. GFI MAX Advanced Monitoring Agent
    Monitors the health of your computer.
  4. GFI Languard
  5. Web Protection  Agent
  6. DNS settings
  7. FreeFileSync
  8. CCleaner
  9. Bitdefender TrafficLight installed in Firefox and Chrome
  10. uBlock Origins installed in Firefox and Chrome
  11. All files in the c:\ctcp folder

CTCP reserves the right to change the software being used at its discretion without notifying SAM subscribers.

AUTHORIZATION TO ACCESS YOUR DEVICE

  1. You hereby authorize us to access and control your computer or device for the purposes of providing the services outlined in this agreement.
  2. In connection with delivering these services, we may also download and install software, gather system data and information, take remote control of your device, and access or change device settings. By accepting this agreement, you hereby grant us the right to download and install software, gather system data and information, take remote control of your device, and access or change device settings. Other than as set forth in the warranty section below, you agree that Cyber Tek Computer Pros has no responsibility or liability under any circumstances at any time for any loss or harm that may arise from or may be related to the services or software provided.
  3. You agree that Cyber Tek Computer Pros can remote into your computer whenever needed in order to provide SAM related services without requesting your permission.
  4. Cyber Tek Computer Pros agrees to only remote into computers covered under the SAM plan if it appears they computer is not in use.
  5. If Cyber Tek Computer Pros is working on your computer and you need to use your computer, you can call us and ask us to get off your computer.

CUSTOMER RESPONSIBILITY

  1. Customer must not uninstall, disable, change, or interfere with the security settings or software installed by Cyber Tek Computer Pros.
  2. Customer must not intentionally or willfully put the security of your device at risk.
  3. Customer must pay their bill on time.
  4. Customer must not allow another computer service company to work on their computer unless the computer is out of CTCP’s territory.
  5. Customer is responsible if they grant access to their computer, whether physical or remote, if that person compromises Windows or the security of the computer.
  6. Customer must notify Cyber Tek Computer Pros of any changes in payment information they provide.
  7. Customer must notify Cyber Tek Computer Pros of any changes in your contact information (Address, email address, telephone number, cell phone number, etc.)

Transference of Service

  1. SAM plan coverage may be transferred from one computer to another.
  2. There will be a transfer fee of $40

CANCELLATION & TERMINATION

  1. Customer can cancel any time by contacting us by email or phone.
  2. Customer must cancel before the first business day of the month in order to avoid another month’s charge.
  3. If customer cancels in the middle of the month, there will be no prorated refund of any kind for the current month.
  4. If customer cancels coverage on a computer before a computer has been on the SAM plan a full year, the customer must pay a cancellation fee in the amount of 50% of the total of the remaining months left on the first year of coverage for each computer being cancelled.
  5. If customer cancels SAM coverage after the covered computer has been on the plan for 1 year or more, there is no cancellation fee.
  6. Cyber Tek Computer Pros reserves the right to cease providing the services and software outlined in this agreement for any reason at any time without providing any refund, prorated or other, for the remainder of the month.
  7. If customer is paying annually, a prorated refund for months subsequent to current month may be provided.
  8. Cyber Tek Computer Pros reserves the right to cease providing the services and software outlined in this agreement if Cyber Tek Computer Pros becomes aware that a covered device is being used in any kind of illegal activity. Cyber Tek Computer Pros will not provide any kind of refund, prorated or other, for the remainder of the month or year in this situation.
  9. Upon termination or cancellation, the customer agrees to allow Cyber Tek Computer Pros to uninstall and deactivate any software that was installed as part of the SAM plan.
  10. Cyber Tek Computer Pros is not liable for any damage, infection, or adverse effects that occur to your device subsequent to the date of termination or cancellation.

PRIVACY POLICY

  1. Cyber Tek Computer Pros will never, under any circumstances, sell or give any of your your personal information to any person or company outside of Cyber Tek Computer Pros.
  2. Cyber Tek Computer Pros will attempt to secure your personal information. However, Cyber Tek Computer Pros will not be held liable if your personal information is stolen from Cyber Tek Computer Pros whether it be through hacking or physical burglary.

RESTRICTIONS

You shall not: (a) “mirror” any Content or Software on any other server without Cyber Tek Computer Pros’ prior written permission; (b) use the Services, Content or Software for any illegal purpose; (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Cyber Tek Computer Pros or its customers, its partners and its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Services and/or the Software; (d) engage in any activities or actions in connection with the Content, Services and/or Software that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information; (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services and/or the Software, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages (e.g., “SPAM”), advertising, informational announcements or communications in any form  in connection with the Services or the Software; or (h) interfere with the Services, the Software or any system, service, network, or person accessible from the Services or the Software, including, without limitation, deliberate attempts to overload a system by the multiple postings of messages.

ILLEGAL ACTIVITIES

Be advised that if Cyber Tek Computer Pros becomes aware that a device covered under our SAM plan is being used in illegal activities, Cyber Tek Computer Pros will report this to the appropriate authorities.

INDEMNITY

You agree to defend, indemnify and hold harmless Cyber Tek Computer Pros, its parents, subsidiaries and affiliates and their respective officers, directors, employees and agents from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or these Terms by you (or any parties who use your account, with or without your permission, to access the Services or the Software); (b) the use of the Services, the Software or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Services); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Services or the Software); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Services, Software, or the Internet.

GOVERNING LAW

It is agreed that the substantive laws of the State of Texas, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of these Terms. YOU AND Cyber Tek Computer Pros CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN WILLIAMSON COUNTY, TEXAS OR THE FEDERAL COURT OF THE WESTERN DISTRICT OF TEXAS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT, THE SERVICES OR THE SOFTWARE.  Cyber Tek Computer Pros and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.  Except as otherwise required by law, including Texas laws relating to consumer transactions, any cause of action or claim you may have with respect to the Services or the Software must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  In any action or proceeding arising from or relating in any way to the subject matter of these Terms, you agree that Cyber Tek Computer Pros shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with said action or proceeding and in the event that Cyber Tek Computer Pros prevails.  Notwithstanding the foregoing, Cyber Tek Computer Pros may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.

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