THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YIPPEE TECH Means Yippee Technology LLC Or YIPPEETECH OR www.yippeetech.us OR www.yippeetech.com Or www.yippeetech.co.uk YOUR USE OF YIPPEETECH WEBSITES AND YIPPEETECH COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH YIPPEETECH. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE YIPPEE TECHNOLOGY LLC AND OUR WEBSITES WHICH WILL BE REFERED AS “YIPPEETECH”FURTHER.
AGREEMENT
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND YIPPEETECH (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by YIPPEETECH in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the YIPPEETECH Technical Services
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
CONTENT
Software, Materials, Services and other related information are collectively referred to as “Content.”
YOU” OR “YOU
“You” means you individually, any person, including any employer that you are acting on behalf of.
YIPPEETECH CERTIFIED TECHNICIAN’S
“YIPPEETECH Certified Technician means” technicians and specialists certified by YIPPEETECH to perform the Services under this Agreement.
SUBSCRIPTION BASED PLANS
“Subscription Based Plans” or “Subscription’s” are tenured Subscription plans offered by YIPPEETECH that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the YIPPEETECH website or by calling YIPPEETECH. Once YIPPEETECH accepts the Plan Order submitted by you, then you will receive an email from YIPPEETECH at the email address that you provide or have provided to YIPPEETECH as part of the Registration Process for the Services. YIPPEETECH is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by YIPPEETECH of a Plan Order, you will have a Service Plan.
UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Service Plan, YIPPEETECH will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, YIPPEETECH will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to YIPPEETECH Limited Warranty, which is set forth below. For more information, please call us at 1-800-274-6143. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
PAYMENT
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by YIPPEETECH. YIPPEETECH has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other YIPPEETECH Technical services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the YIPPEETECH Technical services you were required to purchase to receive the special rate as notified to YIPPEETECH or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize YIPPEETECH to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize YIPPEETECH and/or any other company who bills products or services, or acts as billing agent for YIPPEETECH to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide YIPPEETECH with updated credit card information upon YIPPEETECH’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither YIPPEETECH nor any YIPPEETECH affiliated company will have any liability whichever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at YIPPEETECH option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $10.00.
RENEWAL POLICY
Currently it is our policy to not automatically renew our subscribers.
PRIVACY POLICY
The YIPPEETECH Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (https://yippeetech.us/privacy-policy). If you have not yet reviewed the YIPPEETECH Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to YIPPEETECH over the telephone, electronically or otherwise, is not confidential or proprietary to you.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION
Though YIPPEETECH has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to YIPPEETECH “fair use” policy. Under this policy, if at any time, in YIPPEETECH sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then YIPPEETECH reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, YIPPEETECH reserves the right to suspend or terminate any Subscription Services of any Subscriber that YIPPEETECH, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to YIPPEETECH; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
USER RESPONSIBILITY
Cooperate with the YIPPEETECH Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
- The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
- You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with YIPPEETECH support personnel.
- Software/Data Backup: You understand and agree that YIPPEETECH shall under no circumstance be responsible for any lost or corrupted software or data. YIPPEETECH strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
- Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify YIPPEETECH immediately of any unauthorized use of your account or any other breach of security. YIPPEETECH will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by YIPPEETECH or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
EXCLUSIONS FROM SERVICES
“Services” shall not include the following:
- any item or activity not covered by the terms of a Plan Order;
- service beyond the duration limitations identified in your Plan Order;
- problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
- Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
- Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance;
- Problems caused by using accessories, parts, or components not compatible with the product.
- Non Compliance with the YIPPEETECH technician instructions for resolving the query.
If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to [email protected]