Techniday Terms & Conditions
Disclaimer:
Techniday Terms of Service “Service Terms” is for you “The Customer” in connection with the Techniday that Customer has purchased the “Service”. These terms and conditions comprise the entire agreement between Customer and Techniday with respect to the Service purchased. Techniday is an independent provider of remote technical support services for software, hardware, and peripherals products from different third-party companies. Techniday has no affiliation with any such companies unless such relationship is expressly specified.
You agree to let Techniday to fix your computer. The length of time required to service/ repair your computer cannot be predicted. Techniday will only perform and provide computer services, repairs, and upgrades as requested by the customer. Techniday will conduct honest, reasonable, and considerate services. Our goal is to provide the highest quality of service and support, but specific results cannot be guaranteed. Computer service/repairs are provided as a service. There may be circumstances under which your computer cannot be repaired. It will have to be rebuilt or upgraded. Examples: Age of PC, repair/replacement parts obsolete (memory chips, motherboards, etc.) You authorize the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services.
Liability:
Techniday is not liable for any issues caused by third party software installations for example an antivirus installed in your computer. However we will try to ensure that it doesn’t happen as a Service Provider. Techniday technical support agents are well trained and experts in their respective fields for providing technical troubleshooting, but do not necessarily hold any certifications from any third party unless expressly specified.
You understand that in the process of working on your computer equipment, there is a potential of data loss. You agree that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. Techniday will neither be responsible for data loss nor will Techniday be responsible for restoring lost data.
Techniday shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Techniday. Notwithstanding any language to the contrary, Techniday maximum liability to Customer arising from or related to Techniday under this Agreement shall be limited to the sums paid by Customer to Techniday under this Agreement during the 15 days prior to the time the cause of action arose. Any refund will be enforced based on our refund policy: please speak to our agent or visit us online to know more or to get a copy of Refund Policy.
Techniday 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 g Techniday 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.
Payment:
Computer services/repairs are billed as stated on the service order or invoice provided. The most common services are charged by flat rate fees that can be found on the Plans page of techniday.com. Services not listed on the Plans page falls under “Custom plan” designed as per your (customer) specific need, and charged accordingly by Techniday based on our own determination of pricing. Not all services can be performed by remote technical support. For refund policy, please check on the website or speak to our agent. You agree to Techniday, to fix your computer. Techniday will only perform and provide computer services, repairs, and upgrades as requested by the customer and you agree to pay for these services as per the plan and invoice.
Terms Modification Policy:
Techniday may change the terms and conditions of the Service from time to time. Upon any such change, Techniday will notify the Customer by posting the changes to the site from which the Service was purchased. Techniday reserves the right to modify or discontinue the Service with or without notice to Customer. Techniday shall not be liable to Customer or any third party should Techniday 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.
Third Party Software Policy:
Techniday shall not be liable for any failure or delay in performance due to any cause beyond its control Techniday 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 Techniday.
For permitted use and specific warranties associated with the software, hardware, and peripherals, please contact the relevant third party. Techniday is not responsible for third party Content provided on or through the Site and you bear all risks associated with the use of such third party Content, products and services.
Indemnification:
Customer agrees to indemnify, defend, and hold harmless Techniday - 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 Techniday by reason of, or arising from: (1) Customer’s breach of this Agreement; (2) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (3) Customer’s actual or alleged failure to promptly pay sums due Techniday or third parties; (4) Customer’s failure to comply with applicable laws, regulations or ordinances; or (5) the acts or omissions of Customer (or its officers, directors, employees or agents).
Warranties terms:
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. Techniday 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. Techniday 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 Techniday 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 Techniday 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; Techniday will not be held liable for loss of any customer data.
State Laws:
The Service Terms shall be governed by and construed in accordance with the laws of the State of NJ, excluding its conflict of law provisions. Customer and Techniday agree to submit to the exclusive jurisdiction of the courts in NJ. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Techniday agree that any cause of action arising out of or related to this Service must commence within one 3 months after the cause of action arose; otherwise, such cause of action is permanently barred.
Either Customer or Techniday may immediately terminate the Service upon written notice to the other party with the terms and condition of Techniday refund policy. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no rights and Techniday will have no obligations regarding the Service thereafter.
