Terms & Conditions
THESE “TERMS AND CONDITIONS” ARE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCEPT PCOK TECHNICAL SUPPORT SERVICES.
BY PROCEEDING TO USE PCOK SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS AND CONDITIONS, AND ARE AGREEING TO BE BOUND BY THEM WITHOUT MODIFICATION AND UNDERSTAND THAT THESE TERMS AND CONDITIONS SHALL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS WITHOUT MODIFICATION, PLEASE DO NOT PROCEED, CEASE ANY USE OF PCOK SERVICES AND YOU WILL RECEIVE A FULL REFUND.
SERVICE DESCRIPTION AND SCOPE OF SUPPORT
PCOK technical support services are intended to address software and computer related issues including: (a) evaluation of and attempts to correct software, operating systems and networking issues; (b) configuration troubleshooting; (c) virus/spyware troubleshooting; and (d) troubleshooting of software and peripherals support for network, video and sound cards, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment. All PCOK services are offered in English only.
PCOK technicians may use electronic and software tools they deem necessary to repair your computer, such as remote access to your computer.
PCOK may install software on your computer that allows you to obtain additional technology services. For software installations, PCOK technicians may accept End User License Agreements on your behalf.
PCOK services are for problem-specific troubleshooting and problem resolution, and exclude: i) computer programming; ii) software development; iii) training on hardware or software use. iv) warranty repairs or product replacement; v) support for Windows 95 and earlier versions of Windows; vi) support for Apple (Mac) operating systems earlier than Mac OS X. PCOK services do not support all software, hardware or Internet-related products, applications or features and the company reserves the right to defer support issues to your equipment or software vendor.
Use of PCOK services does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications (irrespective of whether PCOK technician accepts an End-User License Agreement on your behalf).
PCOK technician must receive full access to the product(s) to be serviced. We may refrain from providing any services on the basis that the minimum system requirements are not met or the technical needs or other requirements are unusual or extensive as reasonably determined by us. In some cases, PCOK technicians may not be able to diagnose or resolve a problem because of complications relating to your computer or its configuration. We reserve the right to refuse to troubleshoot software not on its list of supported products. All PCOK services are offered as “best efforts” services and without warranty except as specifically set forth in this Agreement. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that PCOK technicians may not have the ability to obtain the information necessary to resolve a specific technical problem.
PCOK technicians or PCOK website may direct you to third-party software or hardware vendors, websites, or other resources of potential interest. PCOK DOES NOT ENDORSE OR CONTROL SUCH THIRD PARTY RESOURCES AND CANNOT VERIFY THE ACCURACY AND QUALITY OF THE INFORMATION AND PRODUCTS PROVIDED BY SUCH THIRD PARTIES. PCOK MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.
In order to receive PCOK technical support services, you must have:
(a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and
(b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted.
PCOK IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR ALTERATION OF DATA, SOFTWARE OR FILES THAT MAY RESULT FROM PCOK SERVICES OR THE ACTS OF PCOK TECHNICIANS. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL RESTORATION AND RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS.
You are responsible for ensuring that any information or data disclosed to PCOK technicians is not confidential or proprietary to you or any third party.
You hereby grant PCOK technicians permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform PCOK services. You acknowledge and agree that you are the owner or authorized user of any hardware or software about which you are contacting PCOK technical support services.
You agree to cooperate with and follow instructions provided by PCOK technicians and acknowledge that such cooperation by you is essential to delivery of services to you.
PCOK services terms can be purchased either: (a) for an unlimited number of problems for a term beginning on the date you order PCOK Support Services and continuing for the duration of the plan you selected (“Subscription based ”); or (b) on a per-incident basis (the “Per-Incident Plan”). With respect to the Per-Incident Support Plan, PCOK technicians, in their sole discretion will determine what constitutes a Problem. PCOK Support technicians will address a Problem which may include, follow-up telephone calls regarding the Problem. Its sole discretion deems reasonable and necessary in attempting to resolve the Problem. Once the Problem has been resolved by PCOK technicians, any further calls or requests for assistance will be considered a new Problem and additional fees will apply.
IF YOU PURCHASE PCOK SERVICES UNDER A TERM PLAN AND YOUR SERVICES (I.E., SUBSCRIPTION TO PCOK SERVICES) ARE TERMINATED BY YOU (OR BY PCOK IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICES, YOU AGREE THAT YOU WILL RECEIVE THE LESSER OF A PRO-RATED REFUND BASED ON THE NUMBER OF MONTHS REMAINING IN YOUR TERM OR 75% OF THE AMOUNT PAID FOR THE ENTIRE TERM.
A Problem will be considered resolved when you receive one of the following: (a) information or advice that resolves the Problem; (b) information on how to obtain a software solution that will resolve the Problem; (c) notice that the Problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Problem can be resolved by upgrading to a newer release of a product; (e) notice that the Problem has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend.
Our advice to you may include steps that you will need to take before the Problem can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for future reference when you are ready to resume the process.
We have 15 days money back policy.
For incident based plans, you will be eligible for refund when any of the following criterions are met You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active. The issue is out of scope for the particular plan. 15 days have not passed after the issue was last worked upon by PCOK Tech-Expert.
For subscription based plans, a full refund will be issued if PCOK has not been able to resolve even a single issue for you within the first 15 days of the subscription. If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this My Geeks World may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.
REPRESENTATIONS AND WARRANTIES
(a) Limitation of Liability: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT DREAMWORLD’S AGGREGATE TOTAL LIABILITY TO YOU FOR DAMAGES RELATED TO YOUR USE OR PCOK’S PROVISION OF ITS PCOK TECHNICAL SUPPORT SERVICES IS LIMITED TO THE TOTAL AMOUNT OF MONEY THAT YOU PAY FOR SUCH SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL PCOK, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER MONEY DAMAGES THAT RELATE TO OR ARISE OUT OF YOUR USE OF THE PCOK SERVICES OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF OR DAMAGE TO DATA, DELETION OF FILES OR ELECTRONIC MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER DAMAGING CODE, PERMANENT OR TEMPORARY LOSS OF USE OF EQUIPMENT OR FACILITIES, INTERRUPTION OF BUSINESS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT PCOK OR PCOK TECHNICIANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
(b) Disclaimer of warranties: PCOK cannot guarantee that the provision of PCOK technical support services will resolve your issues or problems. PCOK warrants that it will make reasonable efforts to perform PCOK technical support services in a professional manner. TO THE EXTENT PERMITTED BY LAW, PCOK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND ARISING FROM OR RELATING TO PCOK’S PCOK SERVICES, THESE TERMS AND CONDITIONS, ANY RECOMMENDATION OF PCOK’S PCOK TECHNICIANS, OR ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED VIA THE PCOK SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PCOK MAKES NO WARRANTY THAT (i) THE INFORMATION OBTAINED VIA THE PCOK SERVICES WILL BE ACCURATE OR RELIABLE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PCOK SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USING THE PCOK SERVICES.
(c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations of the above paragraph shall apply to the greatest extent permitted by law.
These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter discussed herein and supersede any and all previous oral or written representations, communications, understandings or agreements with respect to such subject matter. These Terms and Conditions shall inure to the benefit of PCOK and its respective successors and assigns. No Waiver of any portion of these Terms and Conditions shall be implied by any course of dealing between you and PCOK. These Terms and Conditions will be construed without regard to the party responsible for its preparation If any provision of these Terms and Conditions is held to be inconsistent with any law, rule or regulation, such provision shall be deemed rescinded or modified in accordance with such law, rule or regulation, and the remainder of these Terms and Conditions shall not be affected. The laws of the State of New York (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction), will govern these Terms and Conditions and any interpretation, construction, enforcement and disputes of any sort that might arise between you PCOK and/or its affiliates or contractors. Any action or proceeding brought to enforce any right, assert any claim, or obtain relief whatsoever in connection with or relating to these Terms and Conditions or your use of PCOK services, shall be brought exclusively in the Federal and State Courts of the county of Las Vegas, in the State of Nevada, and you consent and submit to the jurisdiction of such courts. All provisions in these Terms and Conditions regarding disclaimers and limitations on liability shall survive any termination of these Terms and Conditions. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms and Conditions.