Please read this Agreement carefully before subscribing to or using BestMacs’ services. By subscribing to the services or by clicking on “I accept” checkbox in the sign-up form, you acknowledge that: (1) you have read this agreement; (2) you understand it, and (3) you agree to the terms stated.
BestMacs, Inc. is an Apple-Centric managed service provider that provides remote technical support for a monthly membership fee. This Agreement sets forth the terms and conditions of BestMacs’ bSmart services.
- Service Terms
BestMacs’ bSmart offers two levels of service.
Level 1 is $40.00 per month and provides the following: access to BestMacs’ resource directory, the bSmart weekly newsletter, video library of Apple training, participation in a monthly conference call with BestMacs and other bSmart subscribers.
Level 2 service is $60.00 a month and includes all services referenced in Level 1. In addition, Level 2 services include a read-only warning system for Macs with alerts to your PSA via email.
- Fees and Payment Terms
You shall pay all monthly fees in advance using a credit card or debit card that will be charged monthly. Payments will be recurrent monthly and in advance of the upcoming month. The same credit or debit card will be charged, with your authorization on the day of the contact, for any billable remote support fees. If BestMacs is unable to bill the chosen method of payment, the bSmart services will not be offered until payment is received. The service is month to month and you may cancel at any time. Unless otherwise stated in this Agreement, no refunds or prorated refunds will be allowed. All fees and services are posted on BestMacs’ websites and are subject to change without notice. You will not be charged for any fee or service change until the first day of the month following that announced service or fee change. Additional fees may apply for emergencies and off-peak time, but you will be quoted a price in advance and BestMacs will not perform those services quoted unless you agree. BestMacs may deactivate or disable services without notice if you fail to pay the applicable fees. Within 90-days of subscription, you have the right to cancel this Agreement by notifying BestMacs. Upon proper cancellation during this 90-day period, BestMacs shall refund prior monthly fees to you. All incidental remote support fees and any monthly fees after the first 90-days of service are nonrefundable.
- Customer Responsibilities
You are responsible for providing a working credit card or debit card for the monthly bSmart services provided by BestMacs. You shall also assist BestMacs as reasonably requested in diagnosing the computer and providing services. Any failure or refusal to cooperate with the BestMacs representative constitutes a breach of this Agreement. BestMacs representatives have sole discretion of any instructions and steps necessary in providing the services.
- Other Charges and Fees
You are responsible for all reasonable costs or charges not explicitly covered under Paragraph 2 of this Agreement, including, but not limited to charges for the replacement of equipment, changes or disconnects of service, consulting fees, or any request for professional services beyond the scope of this Agreement.
Upon recurrent monthly payment, the bSmart service will continue month to month until you affirmatively cancel the subscription or BestMacs terminates the Agreement. Should the method of payment provided not be in proper working order the service will cancel immediately. Neither BestMacs nor customer will be liable to the other for any termination or expiration of service or this Agreement, unless otherwise stated herein.
- Limitations of Liability
While the BestMacs’ bSmart phone based technical experts will strive to keep diagnoses as accurate as possible, there may on occasion be the requirement for an on-site technician visit. When an on-site visit occurs, additional cost may apply at the BestMacs’ service rates. It is your responsibility to have reliable backup of your data. In no event will BestMacs be liable to you for loss of profits or savings, loss of good will or opportunity, loss or corruption of data, or wasted time, nor will BestMacs be liable to you for any loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any service supplied by BestMacs to you. BestMacs will not be liable to you for damages or losses as a result of your failure to secure a reliable back up of your data. The maximum amount of recovery you may obtain from BestMacs is the monthly subscription fee that you paid for that particular month. BestMacs is not responsible for any losses you may suffer arising out of your use, failure to use, or failure to update any antivirus software.
By subscribing and obtaining bSmart services, you agree to indemnify BestMacs and shall keep BestMacs indemnified against any losses, damages, costs, liabilities (including but not limited to any legal expenses and any amounts paid by BestMacs to a third party in a settlement of a claim or a dispute on advice of BestMacs’ legal authorities) incurred or suffered by BestMacs arising out of any breach by you of any provision of these terms and conditions. You also agree to indemnify and hold BestMacs harmless for any loss or liability that arises out of any action on your part that caused or contributed to cause a loss or any type of damage to you, including, but not limited to, damages or loss caused by inadequate back-up, faulty software, or your illegal activity.
- Governing Law, Venue, and Arbitration
These terms and conditions shall be governed by and construed under the laws of the State of Kansas, exclusive of its choice of law rules, as such law applies to Agreements between Kansas residents entered into and to be performed within Kansas, except as governed by federal law.
Any dispute arising under this Agreement shall be resolved through binding arbitration between the parties. Arbitration shall be conducted by the American Arbitration Association (AAA) and pursuant to its Rules.
- Confidentiality and Privacy
BestMacs will maintain as secret and confidential information obtained from you in providing services pursuant to this Agreement and will not use that information for any reason other than as necessary for providing services. This obligation will not apply to information that is in the public domain or where disclosure is either required by law or ordered by a court of competent jurisdiction. As a paying subscriber to the bSmart service, you also agree to protect BestMacs’ intellectual property and will keep any information obtained from BestMacs as confidential. You will only use that confidential information as part of the service provided to you.
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not render the entire Agreement invalid and all remaining provisions of this Agreement shall remain in full force and effect. In such event, (a) the Agreement shall be construed as if not containing the particular invalid or enforceable provision, and the rights and obligations for each party shall be construed and enforced accordingly or (b) to the extent the scope of any provision is too broad in any respect to permit enforcement, the parties agree that such scope may be judicially modified accordingly.
- Entire Agreement
This Agreement is the complete and exclusive statement of the Agreement between you and BestMacs and supersedes any prior oral or written proposals and communications pertaining to the subject matter hereof.
- Miscellaneous / Force Majeure
In no event shall a party be liable to the other party for any delay or failure to perform its obligations under this Agreement (other than a failure to pay amounts owed), which delay or failure to perform is attributable to an event of force majeure or other causes beyond the control of such party and without the fault or negligence of the party claiming excusable delay.
BY CLICKING “YOU AGREE” ON THE SIGN-UP FORM YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. DO NOT CLICK THE “YOU AGREE” CHECKBOX IF YOU DO NOT ACCEPT THIS AGREEMENT.