Tezcom LLC (“Tezcom”) is an independent technical support service provider for computer software products (“Services”). By using our Services, or any of them, you (“User”) agree to all Terms of Service (“Agreement”). If you are using our Services on behalf of a business, that Business, or other entity (“Business”), then also accepts the entire Agreement, and shall be bound by all of this Agreement with you as a User. Please read this Agreement carefully.
Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms may be provided by Tezcom at any time with the relevant Services, and those additional terms will become part of your agreement with us if you use those Services.
Using our Services
You must follow any and all Tezcom policies made available to you with regard to the Services. Any variance you make from Tezcom policies is deemed a misuse and a default of this Agreement by you. Don’t misuse the Services. For example, do not interfere with our Services or the instructions that we provide. Tezcom may, at its sole option and absolute discretion, suspend or stop providing Services to you if you do not comply with any term or policy.
Once Services have been ordered, you may not modify the Services or scope of Services ordered.
Warranties and Disclaimers
Tezcom provides Services using a commercially reasonable level of skill and care, but there are certain things that Tezcom does not promise about Services. Other than as expressly set out in this Agreement, Tezcom makes no specific promise about the Services whatsoever. Some jurisdictions may provide for certain warranties, like an implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, Tezcom excludes and disclaims all warranties, and you consent to this exclusion and disclaimer.
Tezcom provides Services for third party computer software products. Any use of third party brand names, products, trademarks and services is only for your reference, and Tezcom disclaims any affiliation, endorsement, and/or sponsorship of or by any such third party or vendor. Use of Services constitutes acceptance and understanding of this disclaimer, and of the entire Agreement.
Liability for our Services
To the extent permitted by law, Tezcom will not be responsible for any loss or damage whatsoever, including, without exception, any lost profits, revenues, data, financial losses, or any damages whatsoever, be they indirect, special, consequential, exemplary, punitive, or other damages. To the extent permitted by law, the total liability of Tezcom for any claim asserted by virtue of this Agreement, use of the Services, or otherwise, including without exception, for breach of any implied or express warranties, is limited to the amount paid to us for Services. You agree to hold harmless and indemnify Tezcom and its affiliates, officers, agents, and employees, successors and assigns, from any and all claim, suit or action, or liability of any sort arising from or related in any way to the use of the Services or any of them, or arising in any way from the Agreement or any part of it. Such hold harmless and indemnification includes, without limitation, any liability and/or expense arising or related in any way from the Services, or use of them, this Agreement, and/or any and all claims, losses, damages, suits, judgments, litigation costs, and/or attorneys’ fees.
Business Uses of our Services
You and the Business agree to hold harmless and indemnify Tezcom and its affiliates, officers, agents, and employees, successors and assigns, from any claim, suit or action, or liability of any sort arising from or related in any way to the use of the Services or any of them, or arising in any way from the Agreement or any part of it. Such hold harmless and indemnification includes, without limitation, any liability and/or expense arising or related in any way from the Services, or use of them, this agreement, and/or any and all claims, losses, damages, suits, judgments, litigation costs, and/or attorneys’ fees.
Tezcom understands that we may be working with or exposed to your confidential information and will only release this information to parties directly involved in Services. By using our Services, you agree that you will immediately change computer, email, and any other passwords Tezcom has had access to. You will hold Tezcom harmless should breach of security occur, if you have not changed business/system passwords immediately after Tezcom’s access. In no event shall Tezcom be responsible for any loss or damage arising from such security breach, unless by intentional, willful larceny of such information by Tezcom done with malicious intent to damage or injure the User.
In the event of termination of Services, you agree to pay Tezcom for Services provided, subject to its refund and chargeback policies, regardless of who cancels or terminates the Services.
Tezcom reserves the right to cancel and/or terminate Services for any reason, or no reason at all, at any time, without limitation. Tezcom reserves the right to terminate and/or cancel Services if there is any lack of access to your computer, or any interference with access to your computer. No refund will apply if Tezcom terminates Services for cause.
About these Terms
At any time, Tezcom may modify this Agreement or any additional terms that apply to a Service, or additional terms pertaining to the Services to, for example, reflect changes to the law or changes to the Services. You should look at the Agreement regularly. Tezcom will post notice of modifications to the Agreement on this page. Changes will not apply retroactively. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Services or any of them, then you must immediately terminate your use of that Service, or you are bound by the modifications.
These terms apply to any and all Services provided by Tezcom, Tezcom PC Cares, and its affilliates.
If there is a conflict between this Agreement and any additional terms, the additional terms will control for that conflict. Any and all additional terms become part of this Agreement immediately upon their publication.
This Agreement controls the relationship between Tezcom and you. It does not create any third party beneficiary rights.
If you do not comply with this Agreement or any part of it, and if Tezcom does not seek immediate action, it shall not constitute a waiver of any rights under these terms, and Tezcom reserves the right to take action in the future.
If it turns out that a particular term in this Agreement is not enforceable, this will not affect any other terms. Any such unenforceable term shall be excised and the rest of the Agreement shall remain binding.
The state laws of Virginia, U.S.A., apply to any disputes arising out of or relating to this Agreement and/or the Services. The parties agree that the sole appropriate venue for any and all claims arising out of or relating to this Agreement and/or the Services will be litigated exclusively in the state courts in the City of Newport News, Virginia or at Tezcom’s sole and absolute discretion, in the federal court of Newport News, Virginia USA (or in Norfolk, Virginia, if Newport News is not available). You and Tezcom consent to personal jurisdiction in Newport News, Virginia, USA (or in Norfolk, Virginia, if Newport News is not available).