Privacy
Our Commitment to Privacy:
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:Names,Addresses, and Phone Numbers
This notice applies to all information collected or submitted on the [company name] website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:Names, Address,Phone Numbers, and Credit Cards
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We offer gift-cards by which you can personalize a product you order for another person. Information you provide to us to create a gift-card is only used for that purpose, and it is only disclosed to the person receiving the gift.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.Our Commitment To Data Security:
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information:
You can access all your personally identifiable information that we collect online and maintain by contacting our controller at support@accunoc.com. We use this procedure to better safeguard your information.
How To Contact Us:
Should you have other questions or concerns about these privacy policies, please call us at [phone number] or send us an email at support@accunoc.com.
Terms and Conditions
IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING SOFTWARE OR USING SERVICES.
This is a legally binding agreement ("Agreement") between the user of AccuNOC's services (“Client”) and Bond Business Services, Inc. ("website-AccuNOC"), a New Jersey Corporation. These are the only terms and conditions that govern Bond Business Services's obligations to Client and Client’s rights with respect to the AccuNOC Services (“Services”) to be provided as indicated in the applicable written, telephonic, or on-line Order Form or other order document (“Order Form”) and the AccuNOC Software to be installed on Client’s computer(s) and used in connection with the Services. If Client does not agree to the terms and conditions of this Agreement, he/she may not install the Software or use the Services and should promptly delete any downloaded or copied install files. Bond Business Services may change these Terms of Service at any time, with or without notice. Accordingly, please return to this Web site to check for changes to the Terms of Service.
1. GENERAL
Client has accepted this Contract upon: (a) Client’s submission of a written, online, or telephone request for service; (b) Client accepting the Membership Maintenance; or (c)Client’s use of any aspect of AccuNOC's Service as defined in Paragraph 2. This Contract is made up of the terms below plus the Privacy Policy, all attachments to this Contract, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. Client hereby gives permission for AccuNOC, through AccuNOC's service representatives, to access Client’s computer. Client acknowledges that this access carries with it some potential risk to information on Client’s computer, and agrees to release and hold AccuNOC harmless from all liability for loss, including incidental or consequential damages, that may result there from. The Contract and related policies are also set forth on the AccuNOC Web site (http://www.accunoc.com) ("Web site"). The Contract sets forth the terms and conditions under which Client agrees to use the Service, and under which AccuNOC agrees to provide the Service to Client.
2. DEFINITION OF SERVICE
For purposes of this Contract, the term "Service" shall mean the AccuNOC Computer Help service, including all technical support, newsgroups, e-mail and other features, products and services provided by AccuNOC under the service option Client has selected. The Service may be referred to as, “Total PC,” “PC Care,” “Remote Computer Support,” "Virtual On-Demand Computer Support," "On-Demand Computer Support Service," "Online Computer Support," “Maintenance Service,” "Ongoing Maintenance Service," "Membership," and "Membership Services." As part of the Service, AccuNOC may license to Client, or assist Client in licensing, third party software (see Section 9 below).
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 Client represents that:
(i) Client is 18 years of age or older and has the legal capacity and authority to bind self and/or the person, employer, partnership, firm, association, corporation or business organization, entity or enterprise Client represents, as applicable, to this Contract; (ii) Client consents on behalf of self and/or as an authorized representative of the person, employer, partnership, firm, association, corporation or business organization, entity or enterprise Client represents, as applicable, to be bound by this Contract; and (iii) the information Client supplies to AccuNOC is correct and complete. Client understands that AccuNOC relies on the information Client has supplied and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of Client’s account. Client agrees to promptly notify AccuNOC whenever Client’s personal or billing information changes (including name, address, telephone number, and credit card number and expiration date).
3.2
Client agrees to be responsible for all use on Client’s account, including any secondary accounts or sub-accounts registered to Client’s primary account. Client understands this means Client accepts full liability and responsibility for the actions of anyone who uses the Service via Client’s account, or any secondary accounts, with or without Client’s permission.
3.3
Client hereby acknowledges and agrees that a Membership Service Contract covers only the software, hardware and peripherals specifically registered via the AccuNOC Contract. As part of the Membership Service, AccuNOC may require Client to install certain software, including the AccuNOC Software, to assist AccuNOC in the provision of the Services. AccuNOC reserves the right to terminate this Contract if Client (i) does not agree to install the software on his/her PC; or (ii) alters, modifies or disables the software or its settings or configurations.
3.4
Client agrees that it will not use the Services for transmitting, storing, or managing inappropriate materials, including without limitation materials containing viruses or other harmful code; unsolicited mail (spam); copyrighted materials to which Client does not have appropriate rights; materials offensive to community standards (other than ancillary to and necessary for use with authorized Services designed to promote compliance with such standards); harassing, tortious or defamatory materials; or other materials prohibited by applicable international, federal, state or local laws and regulations.
4. PRICING AND PAYMENT
4.1 Charges:
Client agrees to pay the applicable fees for AccuNOC services specified in the Order Form as well as any taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, failure to cancel fees, termination fees, other nonrecurring charges and set-up fees. Client also agrees to pay any additional charges or fees applied to Client’s billing account for any reason, including but not limited to, interest and charges due to insufficient credit or insufficient funds. Client will at all times provide to AccuNOC valid credit card information. If Client changes to another credit card or receives a new account number for his/her credit card, Client will notify AccuNOC immediately of such changes. AccuNOC does not accept debit cards for payment of any charges or fees.
4.2 Membership Pricing:
Membership includes the all fee as noted in the Order Form, which includes licensing of the AccuNOC proprietary AccuNOC Software and the initial system cleaning. If more than two hours is required in the initial cleaning, any additional time required will be billed at the membership discount rate specified in the Order Form. Additional security and solution software applications and configurations can be added to Client’s setup fee for the additional charge specified in the Order Form.
4.3 Regular Maintenance and Missed Appointments:
AccuNOC will provide maintenance to Client four times per year, or once every three months. AccuNOC will contact Client in advance to schedule maintenance service via the HelpDesk. However, Client is responsible for all maintenance charges even if Client is unable to schedule the service. And, if Client does not contact AccuNOC a minimum of two (2) hours prior to an appointment to cancel or otherwise reschedule the appointment, Client will be charged the maintenance fee and, at AccuNOC's option, a missed appointment fee of $25.
4.4 Late Fees:
For any amount not paid to AccuNOC when due, Client agrees to pay a late fee of ten percent (10%) of such amount and to pay interest on the overdue amount at the rate of 1.5% per month until paid in full. Client authorizes AccuNOC to charge such late fees and interest to Client’s credit card. Further, Client agrees to pay all collection costs, including reasonable attorney's fees, incurred by AccuNOC in collecting any amounts Client owes to AccuNOC, whether incurred before or after civil litigation is commenced.
4.5 Service without Resolution:
AccuNOC will not charge for the first 15-minutes if it is unable to recommend a solution. AccuNOC will make every commercially reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix Client’s computer or network problem. If AccuNOC is unable to resolve Client’s computer problem after 15-minutes, Client will be liable for charges for time spent by AccuNOC in an attempt to correct a problem regardless of outcome.
4.6 The waiver of any fees or charges lies solely at the discretion of AccuNOC.
4.7 AccuNOC reserves the right to charge service fees to Client’s credit card up to eight (8) weeks after the conclusion of service.
5. PRIVACY POLICY & CONFIDENTIAL INFORMATION
5.1
At AccuNOC, Client’s privacy is our most vital concern and a key element of our Service. DirectPointe will treat Client’s personal information in accordance with its current Privacy Policy, subject to change from time to time.
5.2
Each party to this Contract agrees not to misuse or disclose to any non-party, any confidential information of the other party. Confidential information is information which relates to the other party's research, development, trade secrets, business affairs, or personal or financial data, but does not include information which is in the public domain or easily ascertainable by non-parties of ordinary skill in computer systems design and programming.
5.3
Client hereby acknowledges that during the performance of this Contract, AccuNOC, its advisors, agents, employees and service representatives may learn or receive confidential information pertaining to Client and AccuNOC hereby confirms that all such information relating to Client’s business or personal affairs will be kept confidential, except to the extent such information is required to be divulged by law or by court order or is required to be divulged to AccuNOC or AccuNOC's advisor, agents, employees or affiliates to enable AccuNOC to perform its obligations under this Contract.
5.4
Except as specifically set forth in writing and signed by all parties, AccuNOC shall own and retain all copyright and patent rights with respect to all ideas and materials developed under this Contract. AccuNOC hereby grants to Client a non-exclusive license to use and employ such ideas and materials on Client’s computer system(s) and network.
6. AVAILABILITY OF SERVICE
6.1
The Service may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that Client’s connection was qualified or Client’s computer environment was suitable. For Remote Computer Support, AccuNOC will qualify Client’s Internet connection for the minimum line rate (speed) available for support, based on our standard line qualification procedures. Membership Services requires high speed Internet access; it is Client’s responsibility to ensure adequate connectivity to the Internet. All Services are provided on an AS IS basis. Line rate, access and availability of Service are provided by third parties and are not guaranteed by AccuNOC.
6.2
AccuNOC or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
6.3
For Membership Services, AccuNOC will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, Client hereby acknowledges that circumstances outside of AccuNOC's control (e.g., a large-scale outbreak of a new computer virus) may cause significant delays in AccuNOC's ability to schedule a service session. Client hereby releases DirectPointe from any and all liability, and agrees that AccuNOC shall not be liable to Client or any third party for any direct or indirect damages resulting from such delays.
Terms " " Cont.
7. TERM AND TERMINATION
7.1 Effective Date and Term:
This Contract goes into effect upon Client’s acceptance of this Contract as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until one year from the date of this Contract and is automatically renewed unless either party provides a written notice of termination 60 days prior to the renewal date. If this Contract is cancelled by Client in less than the agreed notice timeframe as described above, there will be a $150.00 cancellation fee, with the exception outlined in 7.2.1.
7.2.1 Termination of Service:
In the event that AccuNOC fails to perform as promised under this Contract, Client agrees to provide AccuNOC with a right to cure the performance defects. Toward this end, Client agrees to give a thirty (30) days written notice to AccuNOC of any alleged defective or deficient Contract performance within the 5 day guaranteed period from the date such performance was rendered, and to provide AccuNOC with prompt and reasonable access to Client’s computer system(s) and network and, to the extent necessary, Client’s home or office premises. If AccuNOC agrees that a deficiency exists, it shall have the right to repair the same within a reasonable time. If AccuNOC is unable to reasonably cure a defect caused by AccuNOC and that substantially impairs Client’s use of the computer(s) covered under this Contract, Client may terminate this Contract upon written notice to AccuNOC. In any such case, AccuNOC's liability shall be limited as specified in Section 12.
7.2.2 Termination and/or Suspension by AccuNOC:
If, in the sole discretion of AccuNOC: (a) Client is in breach of any of the terms of this Contract (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) Client’s use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, DirectPointe's network, or the use and enjoyment of other users; (c) AccuNOC receives an order from a court to terminate Client’s Service; (d) if AccuNOC for any reason ceases to offer the Service; (e) if Client is no longer a AccuNOC client, or (f.) AccuNOC determines that Client is abusing the Service, AccuNOC at its sole election may terminate or suspend Client’s Service immediately without notice.
7.2.3 Terminated Account:
AccuNOC, in its sole discretion, may refuse to accept Client’s request for service, renewal or re-subscription following a termination or suspension of Client’s use of the Service. If Client cancels this Contract for no material reason and/or in less than the agreed notice timeframe as described in paragraph 7.1, Client agrees that a cancellation fee will apply as specified in the Order Form.
8. SOFTWARE LICENSES AND THIRD PARTY SERVICES
8.1
With respect to all software, CDs, programs or other intellectual property which AccuNOC makes available or furnishes to Client pursuant to this Contract, AccuNOC grants Client one (1) personal, non-exclusive, non-transferable, non-sub-licensable license to access and use the same, only during the term of this Contract, solely for Client’s personal or internal business purposes with respect to the computer(s) receiving services subject to this Contract. As an end-user, Client may not copy, modify, publish, transmit, rent, license, re-sell, transfer, trade or allow others to use or benefit from such software, CDs, programs or other intellectual property. All rights not expressly granted to Client are expressly reserved by AccuNOC.
8.3 Third Party Software:
As part of the Services, AccuNOC may suggest the installation and use of certain third party software ("Third Party Software"). Third Party Software is licensed to Client by the respective owners or licensees of the Third Party Software. Client agrees to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether AccuNOC assists Client in the acquisition, installation, and/or use of Third Party Software. AccuNOC has no rights to the Third Party Software and does not license Third Party Software to Client or make any representation or warranty regarding the Third Party Software.
8.4
AccuNOC will provide technical assistance and support for the Software and the AccuNOC Software in accordance with its policies. To the extent that AccuNOC provides technical assistance and support for Third Party Software or equipment, Client will comply with the terms and conditions under which Client licensed such Third Party Software or purchased such equipment. AccuNOC makes no warranty that it is an authorized service provider for Third Party Software or for any equipment; it is Client’s sole responsibility to determine if Client requires additional rights for AccuNOC to provide such support, and if so, to acquire such rights. Client acknowledges that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
9. INDEPENDENT CONTRACTOR
I acknowledge that AccuNOC is an independent Contractor and neither AccuNOC, or AccuNOC Techs, agents, employees nor affiliates is or shall be deemed employed by Client. AccuNOC reserves the right to determine the method, manner and means by which such services will be performed. AccuNOC and its Techs, agents, and employees are not required to perform services for Client during any particular hour of the day or night, and the time spent on Client’s computer is at AccuNOC's discretion, subject to Client’s access times and security requirements. Client further acknowledges that AccuNOC is not required to devote its full time nor the full time of any of its Techs, agents, employees or affiliates to the performance of services required under this Contract, and Client recognizes that AccuNOC has other clients and that it offers services to the general public. The order and sequence in which the work is to be performed shall be under the control of AccuNOC and its Techs, agents, employees and affiliates, and not under Client’s control. Client will not provide any insurance coverage of any kind for AccuNOC or its staff.
10.3 RELEASE OF LIABILITY
AccuNOC hereby warrants that the materials, analysis, data, programs, and services to be delivered or rendered under this Contract will be of the kind and quality designated and will be performed by qualified personnel. CLIENT HEREBY AGREES THAT AccuNOC MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, CONCERNING THE PRODUCTS OR SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE, EXCEPT TO THE EXTENT THAT A MANUFACTURER'S WARRANTY MAY APPLY. Client further agrees to release and hold AccuNOC, its Techs, agents, employees, and affiliates harmless from any and all liability associated with the performance of service or the provision of products beyond the limited warranty provided in this section.
Further:
A.
Client acknowledges that due to the nature of the services being performed, Client is exposed to some potential risk of damage or loss including, without limitation, damage to Client’s computer hardware, cabling, hubs, routers, switches, peripherals, accessories, furniture, home, and office, as well as potential risk of damage, corruption, loss of business or time, loss of computer software, applications, data, and data storage media. Client understands that it is highly recommended that Client take proper and adequate measures to preserve, protect and safeguard critical data by backing up such data in appropriate ways prior to any services being performed by AccuNOC. Unless specifically requested and provided to Client as a paid service by AccuNOC, Client is exclusively responsible for providing all backup, archiving, and protective storage as well as restoration, if required, of Client’s data.
C. AccuNOC Backup Services:
AccuNOC provides 500MB of compressed online data backup as part of Client’s base subscription fee. More backup space is available for an additional fee. Client acknowledges that the security key given during the backup setup process is the unique identifier that unlocks the encryption code for Client’s data. For security purposes, AccuNOC DOES NOT retain a copy of Client’s security key. Therefore, Client agrees to keep this security key stored in a place separate from Client’s computer to keep it safe and retrievable when Client needs to access backup data. Client also understands that AccuNOC will monitor Client’s data storage usage to ensure that Client’s data is kept safe. As Client’s storage requirements increase and exceed the 500MB base, Client will be upgraded and autobilled for the next level of storage space required.
D.
Client agrees to release and hold AccuNOC harmless from all liability for damage or loss as well as any incidental or consequential damage or financial damage or loss that may result from the actions of AccuNOC, its Techs, agents, employees and affiliates.
13. LIMITATION OF LIABILITY
Client hereby acknowledges and agrees that:
A.
under this Contract, Client is dealing with a corporation ("Bond Business Services, Inc.") formed under the laws of the State of New Jersey; and
B.
no employee, officer, director, or shareholder of Bond Business Services, Inc. is, or will be, liable for Bond Business Services, Inc.'s obligations under this Contract or for any other debts or obligations of Bond Business Services, Inc.; and
C.
in any dispute with AccuNOC, whether arising under this Contract or otherwise, it will proceed only against AccuNOC and not against any employee, officer, director, shareholder, or agent of AccuNOC in their individual capacities.
14. DAMAGES DISCLAIMER
CLIENT AGREES THAT Bond Business Services, Inc. SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, EITHER IN CONTRACT OR TORT, INCLUDING LOSS OF PROFITS CLIENT MAY SUFFER AS A RESULT OF Bond Business Services, Inc. CONTRACT PERFORMANCE. This shall be true whether or not the possibility of such damages has been disclosed to Bond Business Services, Inc. in advance or could have been reasonably foreseen by Bond Business Services, Inc.. In the event this limitation of damages is held unenforceable, then the parties agree that by reason of the difficulty in foreseeing all possible damages which Client may incur, Bond Business Services, Inc.'s liability to Client shall be limited to the sum of five hundred dollars ($500.00) as liquidated damages and not as a penalty, or the cost of repairing or replacing Client’s computer system, whichever is less.
18. ASSIGNMENT
Upon written notice, AccuNOC may assign this Contract in its entirety to any affiliate, including a parent, subsidiary, or successor in interest to its business. This Contract may not otherwise be assigned by either party except with the advance written consent of the other party. Subject to limitations on assignment, this Contract shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto.
BY USING THIS WEB SITE, I CERTIFY THAT I HAVE READ, UNDERSTAND, AND AGREE TO, THE TERMS OF THIS CONTRACT, WHICH ALSO INLCLUDES THE TERMS AND CONDITIONS IN THE SECTIONS ABOVE THIS APPROVAL PAGE (INCLUDING WITHOUT LIMITATION THE PROVISIONS FOR RELEASE OF LIABILITY, DAMAGES DISCLAIMER, AND DISPUTE RESOLUTION) THE SAME AS IF SIGNED WITH MY SIGNATURE.