Our TECHS
Have Provided Service For
Live Tech Support

Could not be any better unless it was a free service Help was way beyond the call of duty and better than I thought was obtainable at any price. Great dedication and expertise"
Richard R.
Wonderful experience !!!!"
Carl H.
I appreciate the support I received the technician was patient, I did not feel rushed or spoken down to, he was friendly and kept me informed at all times. I would recommend Business Assist to others."
Jo H.
My Experience with Business Assist has been great. I recommend it highly."
Toby S.
Even thought it took a long time it was well worth the time . We went though a lot of steps. But we got results."
Matthew H.
The solutions engineer is very good at his job, patient and willing to do what gets the job, thanks again! (:"
Justin L.
 

Business Assist Terms of Service

Terms and Condition of your Business Assist Membership; this is your Agreement, as a member, with Business Assist. It is effective on the date of acceptance of the member's application for enrollment in the Fax/Tech Support Program.

Services Overview

Your Business Assist Membership provides a fast, reliable way to fax using your email and our 24/7 Tech-On-Call for your entire companies computer needs as well as Cyber Defender and SOS Online Back up Service.

Your assigned toll free access number is available to you and is available 24/7 ;to send and receive unlimited faxes from any Internet connection.

Customer Service is available, Monday through Friday from 9AM to 5PM ET for service assistance. For billing inquiries our representatives are available from 9AM to 8PM, Monday through Friday at 888-801-5043. You can contact us by email at support@businessasst.com or in writing at PO Box 2136, Palm Harbor, FL 34682.

Rates and Terms

Business Assist is billed at $49.95 per month. You must be at least 18 years old and are authorized to make changes and incur charges to the telephone service. The $49.95 monthly service fee will be automatically billed by Business Assist to your monthly telephone bill. You can cancel your service at anytime by calling Business Assist at (888)801-5043 or by emailing us at support@businessasst.com.

Fax Service Terms & Conditions

Assigned Fax Access Number

The Fax Access number assigned to you is the property of Business Assist and cannot be transferred by any party without written permission. Business Assist retains the right to change your assigned number if necessary. You will be notified in advance of any change.

Changes in Service / Benefits

Business Assist reserves the right to change the availability of the Fax Service or make modifications, deletions, or additions to its service offerings at any time without prior notice.

Business Assist Plan benefits may vary in some states. Business Assist providers are subject to change without notice. The Plan may be discontinued or modified at any time. Business Assist discounts cannot be used in conjunction with any other discount program.

Service Termination/Suspension

If for any reason your monthly service fee is returned unpaid, your Fax/Tech Service shall be suspended until payment is received or for thirty days. At the end of the thirty-day period, if the fee remains unpaid, your service shall be cancelled.

We may immediately terminate your Fax Service without notice if your usage is in any way interfering with the operation of the Business Assist, Fax system or if your use of the service is fraudulent. Business Assist may terminate your service without cause by notifying you in writing or via email at least thirty (30) days prior to termination.

You may cancel your Business Assist plan because of a modification. Should you choose to do so, the liability of Business Assist shall be limited to a refund of membership fees paid for the period subsequent to the modification.

Should you choose not to cancel your membership, your membership shall continue based on the terms deferred in the modification letter. All members will be mailed a modification letter not less than sixty (60) days prior to modification.

Limitation of Liability

Business Assist will strive to provide continuous, uninterrupted service. However, service is not guaranteed and liability for interruptions or quality of service shall be limited to a maximum of two months service fees

TechServiceOnCall 24-7 Terms and Conditions

These Terms & Conditions state important requirements regarding your use of TechServiceOnCall 24-7’s computer support service and your relationship with TechServiceOnCall 24-7. You should read them carefully as they contain important information and instructions pertaining to your and our rights and obligations for the TechServiceOnCall 24-7 Service.

Agreement

These terms and conditions, together with each accepted plan order submitted by you, the acceptable use policy and the privacy policy, state the entire agreement between you and TechServiceOnCall 24-7.

You must agree to the Terms and Conditions in order to be eligible to use the TechServiceOnCall 24-7 Portal (defined below), or obtain Services (defined below). If you choose not to submit a Plan Order, then the entire "Agreement" between you and TechServiceOnCall 24-7 consists of these Terms and Conditions, the Acceptable Usage Policy and the Privacy Policy.

Definitions

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and AUP and are incorporated by reference to these Terms and Conditions.

"YOU" 
"You" means you individually, any person, including any employer that you are acting on behalf of. 

 “PLAN ORDER”
”Plan Order” refers to the specific type of plan you selected. These may include monthly or annual billing plan orders and/or business or consumer plan orders.

Services and TechServiceOnCall 24-7 Portal / Telephone
All references to "Services" refer to any TechServiceOnCall 24-7 service plan that you enter into with TechServiceOnCall 24-7 through use of the TechServiceOnCall 24-7 web portal located at www.TechOnCall24-7.com or through an inbound telephone request.

Materials

"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the TechServiceOnCall 24-7 Portal said materials are the proprietary and copyrighted work of TechServiceOnCall 24-7 and/or its suppliers. The definition of "Materials" does not include the design or layout of the Tech OnCall24-7.com Web site or any other TechServiceOnCall 24-7 owned, operated, licensed or controlled site.

Software

"Software" means a computer program of any kind, whether owned by TechServiceOnCall 24-7 or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.

Submission of Plan Orders; Service Plans
You may order Services by submitting Plan Orders through the TechServiceOnCall 24-7 Portal. Once TechServiceOnCall 24-7 accepts the Plan Order submitted by you, then you will receive an email from TechServiceOnCall 24-7 and/or its suppliers at the email address that you provide or have provided to TechServiceOnCall 24-7 as part of the Registration Process for the Services. TechServiceOnCall 24-7 is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by TechServiceOnCall 24-7 of a Plan Order, you will have a Service Plan.

Undertaking

Subject to the Terms and Conditions, and the specifics of each Service Plan, the suppliers of TechServiceOnCall 24-7 will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, the suppliers of TechServiceOnCall 24-7 will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to TechServiceOnCall 24-7's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at (88)568-6362.

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. TechServiceOnCall 24-7 has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.

Money Back Policy

TechServiceOnCall 24-7's services are delivered on a state-of-the-art integrated delivery platform which allows us to support your computer(s) remotely and/or, in association with our partners, by way of a visit to your home. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows:

- For our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning at the time of online purchase. 

PRIVACY POLICY
TechServiceOnCall 24-7 Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. If you have not yet reviewed the TechServiceOnCall 24-7 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 TechServiceOnCall 24-7 over the telephone, electronically or otherwise, is not confidential or proprietary to you.

Acceptable Use Policy (AUP)

The TechServiceOnCall 24-7 Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the TechServiceOnCall 24-7 AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the TechServiceOnCall 24-7 Portal, the Services, and/or any Materials will conform to and be governed by the AUP specifically, as well as these Terms and Conditions and the Privacy Policy generally.

Guests: Limited License to Use of Tech on Call™ Portal
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. TechServiceOnCall 24-7 has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. 
As a Guest you may use the TechServiceOnCall 24-7 Portal and Materials (defined below) specifically designated as available to guests on the TechServiceOnCall 24-7 Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by TechServiceOnCall 24-7 (b) registering with TechServiceOnCall 24-7 and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

Communication Services

The suppliers of TechServiceOnCall 24-7 may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with the suppliers of TechServiceOnCall 24-7's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

LIMITED LICENSES TO USE THE TechServiceOnCall 24-7 PORTAL, MATERIALS AND SOFTWARE 


 As permitted through a Service, you may use Materials and Software (as defined below) posted on the TechServiceOnCall 24-7 Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS
 Any other use of the TechServiceOnCall 24-7 Portal, Services, Materials or Software, other than as explicitly permitted by TechServiceOnCall 24-7 is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to TechServiceOnCall 24-7 and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.

USER RESPONSIBILITY 
 In connection with obtaining Services, you agree that you will:
1. Cooperate with the supplier of TechServiceOnCall 24-7's Engineer: 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 engineer. Please listen carefully to the engineer and follow the engineer's instructions. You must confirm that the following conditions are true:

1.1 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;
1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with the suppliers of TechServiceOnCall 24-7 support personnel.

2. Software/Data Backup: You understand and agree that TechServiceOnCall 24-7 shall under no circumstance be responsible for any lost or corrupted software or data. TechServiceOnCall 24-7 strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

3. 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 TechServiceOnCall 24-7 immediately of any unauthorized use of your account or any other breach of security. TechServiceOnCall 24-7 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 TechServiceOnCall 24-7 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.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
 You hereby acknowledge that circumstances outside of TechServiceOnCall 24-7's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in TechServiceOnCall 24-7's and its suppliers' ability to schedule a support session. You hereby release TechServiceOnCall 24-7 from any and all liability, and agree that TechServiceOnCall 24-7 shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. TechServiceOnCall 24-7 or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM "SERVICES"
 "Services" shall not include the following:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in your Plan Order;
3. 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;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result from:

5.1 External causes such as accident, abuse, misuse, or problems with electrical power;
5.2 Usage that is not in accordance with product instructions provided by manufacture;
5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
5.5 Non-Compliance with the supplier of Tech On Call 247's™ engineer instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE TechServiceOnCall 24-7 PORTAL, OR THROUGH A SERVICE
 For your convenience, TechServiceOnCall 24-7 may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.

The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound or image from any TechServiceOnCall 24-7 Web site may be copied or retransmitted unless expressly permitted by TechServiceOnCall 24-7.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA)- GENERAL
 In connection with our Service, we may provide to you certain software which is owned by TechServiceOnCall 24-7 or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

The Software may be accompanied by a EULA from TechServiceOnCall 24-7 or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR TechServiceOnCall 24-7 SOFTWARE
 With regard to any Software made available to you by the suppliers of TechServiceOnCall 24-7 through the TechServiceOnCall 24-7 Portal for which your acceptance of a separate license agreement is not required ("TechServiceOnCall 24-7 Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by TechServiceOnCall 24-7 to use the TechServiceOnCall 24-7 Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the TechServiceOnCall 24-7Software. You agree that the TechServiceOnCall 24-7 Software is the confidential and proprietary information of TechServiceOnCall 24-7or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TechServiceOnCall 24-7 Software, or otherwise reduce the TechServiceOnCall 24-7 Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the TechServiceOnCall 24-7 Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the TechServiceOnCall 24-7 Software. You acknowledge that this license is not a sale of intellectual property and that TechServiceOnCall 24-7 or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the TechServiceOnCall 24-7 Software and related documentation, as well as any corrections, updates and upgrades. The TechServiceOnCall 24-7 Software may be used in the United States only, and any export of the TechServiceOnCall 24-7 Software is strictly prohibited.

THIRD PARTY SOFTWARE
 As part of the Services, the suppliers of TechServiceOnCall 24-7 may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not the suppliers of TechServiceOnCall 24-7 directly assists you in the acquisition, installation, and/or use of Third Party Software. TechServiceOnCall 24-7 has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

Your license to the TechServiceOnCall 24-7 Software shall remain in full force and effect unless and until terminated by TechServiceOnCall 24-7, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the TechServiceOnCall 24-7 Software and immediately delete the TechServiceOnCall 24-7 Software from your computer.

To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS
 As part of the Services, TechServiceOnCall 24-7 or its suppliers may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that TechServiceOnCall 24-7 or its suppliers may elect to make available from time to time. Violation of such third party provider's terms of service may, in TechServiceOnCall 24-7's or its suppliers' sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY
 TechServiceOnCall 24-7 DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW TechServiceOnCall 24-7 TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

TechServiceOnCall 24-7 SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.

TechServiceOnCall 24-7 AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TechServiceOnCall 24-7 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TechServiceOnCall 24-7 AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL TechServiceOnCall 24-7 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY
 Notwithstanding anything to the contrary, in no event shall TechServiceOnCall 24-7 be liable to you in excess of the amounts actually paid by you to TechServiceOnCall 24-7 under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS
 Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION
 TechServiceOnCall 24-7 at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of TechServiceOnCall 24-7: 

(a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; 
(b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, TechServiceOnCall 24-7's network, or the use and enjoyment of TechServiceOnCall 24-7's other users; 
(c) TechServiceOnCall 24-7 receives an order from a court to terminate the Service you are using ;
(d) if TechServiceOnCall 24-7 for any reason ceases to offer the Service; 
(e) if you are no longer a TechServiceOnCall 24-7 customer, or 
(f) TechServiceOnCall 24-7 determines that you are abusing the Service.

TechServiceOnCall 24-7, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY; WAIVER
 If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. TechServiceOnCall 24-7's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER
 The TechServiceOnCall 24-7 Portal is available internationally and may contain references to TechServiceOnCall 24-7 products, services, and programs that are not available in a viewer's country. These references do not imply that TechServiceOnCall 24-7 intends to make such products, services, or programs available in such country.

MODIFICATION
 TechServiceOnCall 24-7 reserves the right to amend the Terms and Condition, and the TechServiceOnCall 24-7 Portal at any time by (a) posting a revised version of the Terms and Conditions on the TechServiceOnCall 24-7 Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to TechServiceOnCall 24-7 in connection with registration. You are responsible for regularly reviewing the TechServiceOnCall 24-7 website to be notified of any amendments to the Terms and Conditions. Your use of the TechServiceOnCall 24-7 Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

LAW FORUM
 This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of New York without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.

ARBITRATION
 Dispute Resolution By Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:

Business Assist (the "Company") hopes to make you a happy customer, but if there is an issue that needs to be resolved, this section describes how both us will proceed.

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-888-801-5043. In the unlikely event that the Company's customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and the Company each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and the Company further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis.   

For any non-frivolous claim that does not exceed $75,000, the Company will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from the Company to at least the same extent as you would be entitled to in court.

In addition, under the circumstances explained below, the Company will pay you more than the amount of the arbitrator's award and the Company will pay your attorney (if any) twice his or her reasonable attorneys' fees, if the arbitrator awards you an amount that is greater than what the Company has offered you to settle the dispute.

Arbitration Agreement

References to "we," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us.

(1) Except for small claims court cases which would be governed by the local court in which you or the Company files a small claims lawsuit, you and the Company agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission, or the Better Business Bureau. Such agencies can, if the law allows, seek relief against us on your behalf.

(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and our business relationship.

(3) YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.   The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.   If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(4) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company should be addressed to: PO Box 2136, Palm Harbor, FL 34682 ("Company Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and the Company are unable to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

(5) After the Company receives notice at the Company Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.   The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless you and the Company agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, the Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11 of the Federal Rules of Civil Procedure, then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

(6) If, after finding in your favor-in any respect-on the merits of your claim, the arbitrator issues you an award that is greater than the value of the Company's last written settlement offer made before an arbitrator was selected, then the Company will:

  • pay you the amount of the award or $5,000 ("the alternative payment"), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If the Company did not make a written offer to settle the dispute before an arbitrator was selected and you prevailed on a non-frivolous claim, you and your attorney will be entitled to receive the alternative payment and the attorney premium described above. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(7) The right to attorneys' fees and expenses discussed in the preceding paragraph supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.

(8)   If for any reason a claim proceeds in court rather than through arbitration, you and the Company agree that there will not be a jury trial.  You and the Company unconditionally waive any right to trial by jury in any action, proceeding, or counterclaim, arising out of or relating to this agreement in any way. 

(9)  You and the Company agree that if the Company makes any future change to this dispute resolution provision (other than a change to the Notice Address) while you are a customer, you may reject any such change by sending us written notice within 30 days of the change to the Company's address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of the provision in effect prior to the proposed revision.

 

Revision Date: 6/1/2011

 

 

 
 
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