PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the “Terms”) govern your use of the websites at http://www.pinktec.ca and http://www.kimberleytaylor.com (“Site(s)”) and any computer support services provided either via onsite computer, remote computer or by telephone. The Sites, the computer support & coaching services are collectively referred to as the “Services” provided by Pinktec Computer Services. By accessing, ordering or using the Services via telephone or online via the Site, you (“you” or “your”) and other users of the Services (collectively, “Users”) agree to these Terms and our Privacy Policy available at www.pinktec.ca/privacy policy. If you do not agree to these Terms, You may not access or use the Services.

Terms of Use

We provide you with access to and use of the Services subject to your compliance with the Terms. Pinktec Computer Services reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least the age of majority in the province within you reside; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on this Site and agree to read both Privacy Policies & End User License Agreements (EULA) from sites hosting third-party software being used as part of the Services before accepting their terms of use (d) You will comply with all treaties, laws, rules and regulations applicable to your use of the Services, (e) any information You submit to Pinktec Computer Services is correct and complete, and (f) any payment or credit card information you supply is correct.

Authorization to Access your Computer

You acknowledge that by your use of the Services you are authorizing Pinktec Computer Services to access and control your computer for the purposes of computer maintenance, coaching, diagnosis and service. Other than as set forth in the warranty section below, you agree that Pinktec Computer Services has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.

Remote Support

By definition remote support is a secure service that allows a representative to assist an end-user in solving computer problems, either by showing what steps to take via screen sharing, or with permission, taking control of the desktop and performing a task(s) remotely. In connection with delivering the services, Pinktec Computer Services may download and use software, gather system data, take remote support of your computer and access or modify your computer settings. By accepting these terms, you hereby grant Pinktec Computer Services the right to connect to your computer, download and use third party software on your computer to gather system data, improve the performance of your PC if possible, take remote support of your computer and change the settings on your computer while performing the services. As some software and security devices installed do not respond to remote support access, you may be required to modify settings as we walk you through the steps. During a remote session, you always have full control of your PC and mouse at the same time that we do. You will always be given a choice whether or not to participate in the maintenance of your PC. We encourage participation so that you can learn how to perform some of the routine maintenance of your PC on your own. As you retain complete control of your PC, you may choose to end the session at any time.

Unattended Support

As an added convenience, our remote support software allows us to perform routine maintenance or specific tasks on your PC while you are away or the PC is not in use minimizing interruptions. This is referred to as Unattended support, which must be pre-arranged by appointment. In order for this service to work, prior permissions must be granted to Pinktec Computer Services before the scheduled appointment. This service allows you to have your computer system maintained and scanned while it is otherwise not in use. For an added measure of privacy and control, you can temporarily block or permanently turn off Unattended Support access as needed. IMPORTANT: Pinktec Computer Services will assume that you have complied with the backup requirements prior to the unattended support session being initiated. If the backup could not be done prior to the scheduled appointment then you must inform Pinktec Computer Services so that the appointment can be rescheduled.

Data Backup

Pinktec Computer Services DOES NOT provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials and software stored on your computer and storage media before engaging in remote connection with Pinktec Computer Services. You acknowledge and agree that Pinktec Computer Services or its referral partners have no responsibility or liability under any circumstances at any time for any loss or corruption of customer data, software or hardware that may arise out of the services.

Pinktec Computer Services does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.

Scope of Services

You may initiate the Services via telephone or other means made available by Pinktec Computer Services. Pinktec Computer Services will use commercially reasonable efforts to answer your personal technology question and resolve your personal technology problem for a fee as set forth in the Site or quoted on the telephone. Upon receiving the telephone call or email, Pinktec Computer Services may provide certain portions of the Services via remote control session, online chat or e-mail. Pinktec Computer Services may set forth limits to the personal technology we support. Certain Services may have minimum system requirements.

Warranty

The Services may not be successful because the problem may be beyond our ability to resolve remotely. We should be able to determine this in our initial complementary 30 minute consultation. If we agree to move forward after consultation but are still not able to answer your question or resolve your personal technology problem and you have complied with all your obligations in these Terms, we will only charge you our two hour minimum rate to cover our time. There will be no refunds on PC Tune-Ups as this service is considered routine maintenance and although this service should enhance your PC performance it may not fix other notable issues. As set forth below, there are no other warranties for the Services.

Disclaimer of Warranties

You understand and agree that except as expressly set forth above, the services including all advice, content and software, without limitation are provided “AS IS”, without warranty of any kind either express or implied, including, without limitation, any warranties concerning the availability, accuracy, completeness, usefulness of the services and any warranties of title, non-infringement, or merchantability for a particular purpose. Pinktec Computer Services does not warrant that the services will be timely, secure, uninterrupted, error free or successful in resolving your question or computer problem. Pinktec Computer Services makes no warranty that the services will meet users’ expectations or requirements. No advice, results, content or materials whether oral or written, obtained by you from the services shall create any warranty. Any content or software that you access, download or use with the services is done AT YOUR OWN DISCRETION AND RISK and you agree that you will be solely responsible for any damage that results from such activities.

Use of Software and Tools

Pinktec Computer Services may need to download and/or run software on your personal computer to help diagnose, improve performance and resolve your personal technology problem. Pinktec Computer Services uses several types of software: the first type provides Pinktec Computer Services to remotely control your computer and modify its settings or software, the second type, provides computer system information to Pinktec Computer Services which helps us diagnose and resolve your personal technology problem, and the third type, if needed, generally consists of utilities and other tools to improve computer performance and help resolve your personal technology problem. You acknowledge and agree that use of all third party software and tools accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to the license agreements that may appear or be referenced when you access or download the Software. You agree that we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.

Customer Responsibilities

You must cooperate with Pinktec Computer Services and promptly respond to our requests for information and comply with our requests to take actions to resolve your personal technology problem. You must consent to the downloading and use of Software on your personal computer and accept all applicable license agreements for the Software. Some types of software, particularly security tools, will not respond to remote interaction. In these isolated instances, the customer will be required to participate in the session under our direction or in the case of pre-arranged “Unattended Support” disable these applications.

Monitoring of the Services

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving our customer service and business processes. You acknowledge and agree that we do retain the right to monitor and record the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or our Users. Please see our Privacy Policy for further details.

Registration, Passwords and Security

In order to use certain Services, we may require that you register. During the registration process, you may be asked to designate, or we may designate for you, a user name and password. You are responsible for maintaining the confidentiality of any password or account information you receive from Pinktec Computer Services, and are responsible for all activities that occur using that password or other account information. You must notify Pinktec Computer Services immediately upon learning of any unauthorized disclosure or use of your password or other account information. Pinktec Computer Services has no liability for any unauthorized use of the Services under Your account or on your computer.

Fees and Payment

The applicable fees for the Services you order will be quoted on the telephone and in the required engagement letter that you will sign and return. The fee for the Services will be invoiced and you agree to pay the charges applicable for your selected Services as well as any applicable taxes by cheque, money order or PayPal no later than 5 business days after receipt. Overdue accounts will be charged (1.5 %) interest per month. Rates are subject to change without notice. In addition, there will be a $30.00 charge for NSF cheques plus any additional banking fees charged as a result.

Service Availability

These Services are currently available to users of Windows XP and Vista Operating Systems residing in Canada and the U.S.A. meeting minimum system and Internet connection requirements. The Services may not always be available due to system maintenance, Internet service disruptions, power outages, vacation entitlement, illness and acts of God.

Use of the Services

Your use of the Services is only for personal and noncommercial purposes on your personal technology, and not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of your personal support technology or providers of services relating to such technology, to access or use the Services. You agree not to disclose any details of Pinktec Computer Services technology or advice to anyone else without the express written permission of Pinktec Computer Services You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes; (2) Pinktec Computer Services's trademarks and/or copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to you in connection with the Services constitute a non-proprietary designated use license and not a transfer of title. Pinktec Computer Services reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Pinktec Computer Services. Except as expressly provided herein, You may not use, copy, print download, upload, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Pinktec Computer Services. Pinktec Computer Services reserves any rights not expressly granted herein.

Restrictions

You shall not: (a) “mirror” any Content on the Site on any other server without Pinktec Computer Services's prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Pinktec Computer Services or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services 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, 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, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

Modifications to the Services

We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, suspend, terminate, change, or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.

Security

While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.

Submissions

All comments, feedback, information other than your personally identifiable information or billing information or materials submitted to Pinktec Computer Services (“Submissions”) shall be considered non-confidential and Pinktec Computer Services's property. By providing such Submissions to Pinktec Computer Services, You agree to assign to Pinktec Computer Services, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Pinktec Computer Services shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions you provide in connection with the Services may be purged periodically in Pinktec Computer Services's sole discretion.

International Use

Currently, the Services are only available to residents of Canada and the United States of America. Please see the Governing Law clause to follow. You agree to comply with all applicable laws and regulations.

Governing Law

This Agreement is governed by and to be construed in accordance with the Laws of British Columbia, Canada.

Any legal proceedings arising out of or relating to this agreement will be subject to the exclusive jurisdiction of the courts of British Columbia, Canada. You agree that in the event that you commence legal proceedings in any court outside of British Columbia, you will reimburse Pinktec Computer Services for all attorneys’ fees and costs that it incurs in connection with such proceedings irrespective of the eventual outcome of such legal proceedings.

Links from and to the Site

This Site may contain hyperlinks to Web sites that are not controlled by Pinktec Computer Services. Pinktec Computer Services is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.

You may not provide any type of link to the Site without the express written permission of Pinktec Computer Services. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.

Dealings with Third Parties

Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that Pinktec Computer Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer you to the Services have no responsibility or liability for the Services provided by Pinktec Computer Services.

Termination

Indemnity

You agree to defend, indemnify and hold Pinktec Computer Services, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses including reasonable attorneys’ fees, in any way arising from or related to your use of the services or your violation of the terms.

Limitation of Liability

In no event shall Pinktec Computer Services, its suppliers, and referral partners or any of their respective agents or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort including negligence, misrepresentation, strict liability or any other legal or equitable theory, arising from directly or indirectly related to the use of or the inability to use, the services, software, content or your personal computer and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if Pinktec Computer Services has been advised of the possibility of such damages. Some jurisdictions do not allow the limitations or exclusion of liability for the incidental or consequential damages so the above limitations or exclusions may not apply to you.

In no event shall the total liability of Pinktec Computer Services to you in the aggregate for any and all damages, losses and causes of action whether in contract or tort but not limited to, negligence or otherwise arising from the terms or your use of the services, software or content exceed the greater of the amount paid for the services at issue or CAD $100.00.

Electronic Communications

The information communicated on this Site constitutes an electronic communication. When you communicate with us through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.

Notices and communications to Pinktec Computer Services must be sent to the applicable address given in these Terms or to pinktec.team@gmail.com

GENERAL

Severability

If any provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the enforceability or validity of any other provision of this Agreement, and any such provision may be severed from this Agreement without affecting the remainder of the Agreement.

Voluntary Agreement

You acknowledge and declare that you have carefully considered and understood the terms of this Agreement, that you have consulted legal counsel or waived such right and that you execute this Agreement voluntarily.

Amendments

No modification of this Agreement is effective unless it is in writing and signed by the Parties.

Entire Agreement

This Agreement constitutes the entire agreement between the Parties as to the performance of the Service, and replaces and supersedes any other agreements, correspondence or other discussions between the parties whether or not any of the foregoing have been reduced to writing.

Time is of the Essence

Time is of the essence in the Agreement for all deadlines.

Language

The original version of this agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language of this agreement, the English language version shall prevail.