TERMS AND CONDITIONS

This i See The Geeks Online Support Inc. (“iSeeTheGeeks”) General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with iSeeTheGeeks service that Customer has purchased (the “Service”). These terms and conditions comprise the entire agreement between Customer and iSeeTheGeeks with respect to the Service.

PAYMENT

Unless stated in writing otherwise, all fees and charges are nonrefundable. iSeeTheGeeks may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.

MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

iSeeTheGeeks may change the terms and conditions of the Service from time to time. Upon any such change, iSeeTheGeeks will notify the Customer by posting the changes to the site from which the Service was purchased. Geeks reserves the right to modify or discontinue the Service with or without notice to Customer. iSeeTheGeeks shall not be liable to Customer or any third party should iSeeTheGeeks exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

PRIVACY POLICY

We value the relationship we have with our customers and are committed to responsible information-handling practices. We take great care in safeguarding your personal information and in complying with all applicable privacy laws and our own internal standards and best practices. As part of your interaction with iSeeTheGeeks, we may collect personal information such as contact information, including name, address, phone number and e-mail address.

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

Customer agrees that prior to iSeeTheGeeks 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, phone 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 requests back-up services from iSeeTheGeeks and/or its third party service provider, neither iSeeTheGeeks nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

LIMITATIONS TO SERVICE

iSeeTheGeeks shall not be liable for any failure or delay in performance due to any cause beyond its control. iSeeTheGeeks 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 iSeeTheGeeks.

INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless iSeeTheGeeks (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 attorneys’ 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 iSeeTheGeeks 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 iSeeTheGeeks 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).

WARRANTY

All iSeeTheGeeks repair services are backed by a 30 day warranty period for the repaired part.
Warranty is limited to the parts and/or service(s) that were paid for.
After iSeeTheGeeks repairs the device, the warranty does not protect against:
• Mishandling that causes the frame to bend, twist, or crack
• Water damage
• Subsequent accidental or purposeful drops
• Tampering with internal hardware
• Damage resulting from attempted customer repairs
• Software issues unrelated to the repair
• New damages unrelated to the original repair
• Any loss of data occurring as a result of the repair – customers are advised to back up all data prior to repair attempt

Our warranty also does not cover the outcome of a repair if certain pre-repair conditions exist, including:
• Existence of known manufacturing and/or performance issues related to the device separate from the repair
• Existence of damage to the frame of device, as noted prior to the repair
• Water damage
• Jailbroken devices
• Tampering with internal hardware: under certain conditions, internal damage may make a repair impossible.
The warranty is valid only for the specific device repaired and the original customer; it is not transferable across devices or if the device is sold or given to another individual.

iSeeTheGeeks is not an Authorized Services Provider (ASP) for Microsoft, Apple, Blackberry, Samsung or any laptops or phone manufacturer.

DISCLAIMER OF WARRANTIES

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. iSeeTheGeeks 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. iSeeTheGeeks 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 iSeeTheGeeks 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 iSeeTheGeeks 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. It is the responsibility of customer to back-up all data on computers and other devices; iSeeTheGeeks will not be held liable for loss of any customer data.

LIMITATION OF LIABILITY

iSeeTheGeeks 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 iSeeTheGeeks 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 customers responsibility to back-up the software and data that is stored on customer’s computer, hard disk drive(s), and/or any other storage devices customer may have, and iSeeTheGeeks shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. iSeeTheGeeks shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to customer by iSeeTheGeeks. Notwithstanding any language to the contrary, iSeeTheGeeks maximum liability to customer arising from or related to iSeeTheGeeks under this agreement shall be limited to the sums paid by customer to iSeeTheGeeks under this agreement during the three months prior to the time the cause of action arose.

TERMINATION

Either Customer or iSeeTheGeeks may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer’s right to use the Service immediately ceases. Customer shall have no rights and iSeeTheGeeks will have no obligations regarding the Service thereafter.

LAWS

The Service Terms shall be governed by and construed in accordance with the laws of Canada, excluding its conflict of law provisions. Customer and iSeeTheGeeks agree to submit to the exclusive jurisdiction of the courts in Canada. Customer and iSeeTheGeeks 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.