CreativeTek, Inc. Terms and Conditions Agreement
Version 1711: current as of November 28, 2017
TERM OF AGREEMENT
- This Terms and Conditions Agreement (hereon after Agreement) between CreativeTek, Inc. (hereon after CreativeTek) and the Client shall commence on the date the first services are rendered and continue in full force during all future interactions between the parties.
- Changes to this Agreement may be made from time to time. Updates will be made available at creativetek.net/terms. CreativeTek will notify the Client by email of such changes. All changes are applicable, even if CreativeTek has been unable to notify the Client of such changes for any reason.
- This Agreement is the sole and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements and documentation relating to the subject matter hereof.
- This Agreement shall be interpreted in accordance with the substantive law of the State of Nebraska.
- Computer services and repairs are provided as a service in an attempt to correct or improve the condition affecting a device. Positive results cannot be guaranteed in every case due to the nature of electronics, software, age of device, and other factors.
- Acceptance by CreativeTek of a device for repairs does not guarantee that a repair is possible. There may be circumstances under which the repair is impossible, or the cost of services and parts necessary for the repair would be excessive and therefore deemed unreasonable by either party.
- Upon request, CreativeTek may offer an estimated date of completion for a repair. In some cases, the length of time required to service or repair a computer may exceed the estimated time frame. There are multiple factors which may interfere with timely completion, for example: shipping of parts, problems with updates, extent of damage, or other unforeseen circumstances.
- In some cases, the Client must be contacted to request further information or to make a decision about the repair. If the Client is not available, work will be halted until the Client reaches back. The technician may then move to a different project, thereby delaying the completion date.
- In some cases, CreativeTek may need to uninstall software from the computer in order to perform the repair. It is the Client’s responsibility to inform CreativeTek of any software of specific importance which should not be removed. In some cases, CreativeTek may need to install software (such as anti-virus) in order to perform the repair. This software will be removed from the computer after the repair is complete unless the Client chooses to purchase the software.
- During the diagnostic or repair, the possibility of data loss, damage, or breakage of parts is small, but not negligible. Although precautions are in place to avoid losses, the electronic components in a computer are delicate and may fail or break. CreativeTek is not responsible for loss of data or failure or breakage of parts under any circumstance. An offer to remediate the loss – either as replacement or discount – may be made in an effort to alleviate the Client’s situation. Such offer shall not be deemed a sign of responsibility on the part of CreativeTek.
- Some repairs may require the reinstallation of the operating system. This process requires that the hard drive is erased in order to perform a clean reinstallation of the operating system onto the same hard drive. If possible, CreativeTek will make a backup of the Client’s files onto a CreativeTek-owned hard drive so that the files are not lost in the process. Although CreativeTek performs such backup as thoroughly as possible, in some rare cases, some files may be lost in the process. It is the Client’s responsibility to inform CreativeTek of any files of significant concern or high importance. The Client may choose to perform their own backup prior to starting the repairs. Under no circumstances are programs transferrable during a reinstall. CreativeTek will make an attempt to recover license information in order to facilitate reinstallation of programs. It is ultimately the Client’s responsibility to provide license numbers and installation media. In some cases, files which were backed up and restored, can’t be opened by the Client’s computer. This situation may arise when the program which created the files is deprecated, incompatible, discontinued, or unavailable for reinstallation.
- All repairs performed via remote control and repairs performed by the Client with advice from CreativeTek are subject to the same terms and conditions.
- CreativeTek is a value-added reseller. As such, CreativeTek not only sells boxed, unopened products directly to the Client, but also offers the option to configure, customize, assemble, and/or install the product for the Client. If customizations are requested – as in the purchase of a new computer – the Client is expressly allowing CreativeTek to remove the product from its original packaging and customize it on the Client’s behalf. During this process, the product becomes an open box product.
- If during the customization process, CreativeTek discovers the product to be defective, CreativeTek will not sell such product to the Client. A new product of the same specifications will be customized for the Client. Shipping of a replacement product may delay the estimated delivery date.
- Other than defects which may be discovered during customization process, CreativeTek does not perform any specific tests to ensure the product is not defective.
- For purposes of manufacturer warranty, unless a defect is discovered during customization (see 3.2.), the Client assumes ownership of the product at the time the order is placed. Warranty issues hereon after are to be resolved between the Client and the manufacturer. On computers purchased new, which were customized by CreativeTek, and which are in the manufacturer’s warranty period, CreativeTek may act as the intermediary between the Client and the manufacturer free of charge to the Client during the manufacturer’s warranty period. The Client may be liable for shipping costs if the manufacturer’s warranty excludes shipping.
- In some cases, customization of a new computer may include file transfer services from the Client’s old computer. In some cases, files which are transferred, can’t be opened by the Client’s new computer. This situation may arise when the program which created the files is deprecated, incompatible, discontinued, or unavailable for reinstallation.
- On purchases of software which is to be installed by CreativeTek on the Client’s behalf, the Client assumes ownership of the product the moment it is opened or unsealed for purposes of installation. This provision applies even if the Client’s computer is unable to support the software for any reason. CreativeTek shall conduct a reasonable compatibility assessment prior to the sale. However, some assumptions may be necessary, for example, that the Client’s computer is not obsolete, or that there aren’t pre-existing problems with the computer which may render the software useless unless the problems are repaired.
- Due to the nature of technology products, CreativeTek has a strict return policy. All sales are final with the following exceptions: 1). an in-stock product in unopened, sealed and undamaged packaging can be returned for store credit within 30 days of the invoice date, 2). a special-order item in unopened, sealed and undamaged packaging can be returned for store credit within 7 days of the invoice date subject to a 20% restocking fee. A product which has been customized or is in open box condition (see 3.1.) is not returnable or refundable.
- CreativeTek assumes no responsibility over the product or its suitability or defects. See WARRANTIES.
MONITORING & SECURITY SUBSCRIPTION
- Monitoring & Security (hereon after Monitoring) is a recurring fee-based service. The fee is billed either monthly or annually on a per-computer basis.
- Monitoring is made possible by a monitoring agent installed on a Client’s computer or server. The host watches for risk indicators such as viruses, malware, ransomware, high memory utilization, high CPU utilization, disk space available and other computer health indicators. If one of these risk indicators is detected, a notification is triggered. In such a case, CreativeTek will notify the Client of such risk indicator within a reasonable time. It is the Client’s responsibility to act upon this notification or request that CreativeTek take action to correct the risk.
- In addition to monitoring for risk indicators, the agent allows CreativeTek to access the computer remotely. Remote access can be performed unattended (without the Client present) as long as the computer is on and connected to the Internet. Remote access is performed for reasons such as: troubleshooting, repairs, support, training, and remediation of risk indicators. Remote access is never performed without prior authorization from the Client (verbal authorization is accepted).
- Atera Networks Ltd. maintains the security and the infrastructure for the monitoring software to make this service available and safe. A copy of the Atera security statement is available here: https://support.atera.com/hc/en-us/articles/218941397-How-do-you-ensure-privacy-and-security-in-the-Atera-Cloud-
- Under no circumstances does CreativeTek assume responsibility for a breach or vulnerability in Atera Networks’ systems which may increase risk or cause harm to a Client’s computer or data.
- The extent of CreativeTek’s Monitoring services is to alert the Client of possible risk or breach. CreativeTek shall not be deemed liable for risk, breach, or the consequences of such events, whether detected or undetected.
- The Monitoring subscription renews automatically either monthly or annually as indicated on the invoice. Unless cancelled prior to the next renewal, payment is still due for the entire period since CreativeTek has assumed the licensing expenses for the software.
- CreativeTek reserves the right to cancel Monitoring services for a specific Client or device for any reason. Notification shall be made to the Client and cancellation take effect immediately or at a scheduled date. A prorated refund of the unused portion may be issued as a check if the Client’s account is in good standing. Such refund, if any, may be applied to the Client’s open balance instead.
- For grandfathered subscriptions, CreativeTek may bill for this service as Monitoring (not Monitoring & Security) if the subscription started before Antivirus was added. These grandfathered subscriptions are billed at a lower rate than Monitoring & Security, but do not include virus, malware, or ransomware protection. At the Client’s request, the subscription may be upgraded to Monitoring & Security in order to add virus protection. However, once upgraded, a subscription cannot be reverted to Monitoring only.
- For full details about Monitoring & Security, the Client may refer to the product flier received with their first invoice.
FULL PROTECTION SUBSCRIPTION
- Full Protection is a recurring fee-based coverage. It provides protection to the Client against the cost of computer repairs. The fee is billed either monthly or annually on a per-computer basis.
- Full Protection covers 100% of the cost of the following repairs: Tune-ups, Virus Removal, Security Checks, Software Errors, Browser Repairs, Printing Problem, Networking Problems, Data Recovery, Windows Repair or Reinstall. Some limitations apply. Software errors coverage is limited to Windows, Microsoft, and Intuit products. Printing and network repairs are covered to the extent of the problems caused by the computer or its printing software and drivers. Problems caused by the printer or the network to which the printer is connected are not covered. Data recovery covers attempts by CreativeTek to recover data off a failed hard drive. At our discretion, CreativeTek may choose to send the hard drive to a lab for more advanced methods of recovery. In any case, the maximum limit of data recovery coverage is $500.
- As an added benefit, Full Protection covers the cost of replacement parts which failed due to natural causes..
- Full Protection does not cover the cost of replacement parts due to physical damage like dropping or liquid spills.
- Full Protection does not cover optional upgrades or updates, such as installation of new software or newer drivers, unless doing so is necessary to perform a repair.
- The following are explicitly excluded from coverage: damage caused by third parties, physical damage, performance upgrades, and peripheral or network equipment.
- CreativeTek will not pay for, or reimburse for repairs performed by third parties.
- For full details about Full Protection, the Client may refer to the product flier received with their first invoice.
BACKUP SERVICES SUBSCRIPTION
- Backup Services (hereon after Backup) is a recurring fee-based service. It provides access to the CreativeTek Online Backup software (hereon after Backup Software) as well as cloud storage and/or local storage (like a hard drive or backup server). The fee is billed either monthly or annually on a per-computer basis.
- The fee billed for Backup covers a license to use the Backup Software and the online storage space allocated for storing files. The fee does not include setup, configuration, recovery, or other services, although such services may be offered free of charge in some cases.
- As part of this service, CreativeTek may offer to install and configure the Backup Software on behalf of the Client. CreativeTek will do so to the best of our ability and do not assume responsibility for the completeness of the locations chosen for backup. In the process of installing and configuring the Backup Software, CreativeTek will also select a backup schedule, retention policies, and file types to be backed up. At any time, the Client can see, and make changes to, the settings of the Backup by running the CreativeTek Online Backup software. It is the Client’s responsibility to ask CreativeTek if any questions arise as to the settings of the Backup Software.
- CreativeTek will, from time to time, review backup activity for signs of problems. The kinds of problems detected during these reviews include: missed latest scheduled backup, success of latest backup, storage space remaining, time elapsed since last backup. If problems or anomalies are observed, the Client will be notified. It is the Client’s responsibility to request CreativeTek’s help if needed in order to perform appropriate corrective actions.
- Additional services like changes to backup settings, corrective actions, file recovery, or recovery tests performed by CreativeTek may be considered billable at CreativeTek’s discretion.
- CreativeTek uses a third party for the development and updates to the Backup Software. CreativeTek does not assume responsibility for problems, glitches, or defects of the backup software which may result in loss of data. Upon discovery of such problems, CreativeTek will contact the software developer to seek a resolution.
- CreativeTek uses a third party for the remote storage of files at a secure facility. CreativeTek does not assume responsibility for problems, glitches, or defects of the remote storage service which may result in loss of data. Upon discovery of such problems, CreativeTek will contact the storage provider to seek a resolution.
- CreativeTek offers a disaster recovery test service. The test is designed to validate the recoverability and integrity of files stored in the backup storage. It is recommended to run this test periodically to ensure recoverability in case of disaster.
- In cases where the covered computer is lost or destroyed, files may be restored to a new computer. In some cases, files which are restored from Backup, can’t be opened by the Client’s computer. This situation may arise when the program which created the files is deprecated, incompatible, discontinued, or unavailable for reinstallation.
- CreativeTek is not responsible for data loss. See WARRANTIES.
MY CREATIVETEK SUBSCRIPTION
- My CreativeTek is not a product or service; it is a payment plan for services. It is made available to business accounts.
- Under My CreativeTek, the Client agrees to make a fixed monthly or annual payment to CreativeTek in exchange for deferred billing of services at a pre-determined and guaranteed fixed hourly rate.
- CreativeTek will provide monthly statements showing the Client’s current balance represented as hours. Services will continue to be provided even if the plan balance is exceeded unless the Client notifies CreativeTek in writing (email notification is acceptable) to stop or limit providing services for the remainder of the plan year.
- At the end of the plan year, any over-use amount will become due and payable within 30 days. Clients whose account is in good standing and who have a good payment history, may be able to roll over-use amounts into a 12-month loan. An annual interest rate of between 6% and 18% shall be applied to the loan.
- At the end of the plan year, if a positive balance remains (not all funds were depleted), the balance will carry forward to the next calendar year.
- Starting with the 2018 plan year, an administrative fee equivalent to 2% of the plan value will be imposed at the end of the plan year to cover the cost of running the plan and the cost of credit CreativeTek assumes in order to provide deferred billing.
SECURITY AND DATA PROTECTION
- CreativeTek sells, customizes, and installs, devices which are connected to the Internet and therefore may become targets for hackers, viruses, malware, and other threats inherent to the Internet.
- CreativeTek takes a reasonable degree of care to ensure such devices are not readily exposed to threat. New computers sold and customized by CreativeTek are installed with an antivirus software. Firewalls installed and customized by CreativeTek are enabled with any available security features out of the box, except when such features would incur an additional cost. In such cases, and if the feature seems necessary, the Client may be presented with the option to buy the additional features. Additionally, CreativeTek employs the use of complex passwords created on behalf of the Client (1 uppercase letter/1 number/1 symbol). CreativeTek also employs such complex passwords in the creation of WPA/WPA2 wireless networks when applicable.
- To help alleviate the exposure to threats, CreativeTek offers additional security services, such as Full Protection Monitoring, Network Management, Server Management, User Management, and other customized update, management and security options. Such services are offered at a cost and invoiced separately. Unless such services are purchased or received as a trial, the Client should not assume that the services are included in the price of the purchase.
- The Client acknowledges that there is an ever-growing number of threats on the Internet. Individuals and Corporations of all sizes can be breached or attacked at any given time. CreativeTek, after taking a reasonable degree of care, assumes no responsibility for any breach or attack.
- The parties acknowledge that in the course of performing the services under this Agreement, a risk for data loss exists. CreativeTek will use its best efforts to prevent data loss. CreativeTek shall not be liable for data loss during the provision of services under this Agreement.
- As the owner and/or operator of the computers, firewalls, and all other connected devices, the Client, Client’s employees, agents, and other authorized persons (hereon after collectively Authorized Persons) have the ability to change settings and use the devices in ways which can increase the risk of breach or attack. The Client is encouraged to develop and maintain a usage policy governing the behavior of the Client’s Authorized Persons. CreativeTek is not liable for any security compromise or damages resulting from an Authorized Person’s actions, whether intentional or accidental.
IQ BUSINESS SOLUTIONS
- CreativeTek offers business solutions above and beyond the sale of IT products and services. These services are provided under the IQ Business Solutions name and are governed by a separate agreement.
- Services provided by CreativeTek are priced as follows:
- Fixed rate services such as Diagnostics, Tune-ups, Parts Replacement, or Operating System Reinstalls
- Tiered rate services such as Data Recovery, in which the degree of difficulty will influence the final price, but where the difficulty is unknown until the service is complete
- Hourly services such as Troubleshooting, Support, Networking, or Training
- Recurring fee-based services such as Full Protection, Email Services, or Website Hosting
- Plan-covered services may be any of the above, but at a lower price or free of charge based on the Client’s enrollment in Full Protection or My CreativeTek (see Subscription Services).
- Minimum charges are applied as follows:
- $9 Storage Fee charged weekly for a device which is not picked up from our office within 5 business days of a service or diagnostic being completed (except when an arrangement is made at the time of drop-off)
- $19 House Call Fee for services performed at the Client’s location (plus $0.60 per mile if outside Alliance city limits)
- $39 Diagnostic Fee (waived if the service or repair is performed)
- Up to $69 Minimum Onsite Fee (for all services performed at the Client’s location which would otherwise amount to less than this amount)
- $69 Same Day Service Fee if Client requests same-day service, but delivering such service would cause other Clients to be postponed or cancelled
- $99 After-hours Fee if Client requests work to be performed outside regular business hours
- $129 Emergency Fee if work for other Clients must be interrupted or postponed in order to assist the Client within 30 minutes
- All sales of products and some services are subject to Nebraska and Local Sales Tax.
- Full payment is due upon completion of sale or services unless another arrangement has been made for the Client’s account.
- Special order products must be paid for in advance.
- CreativeTek accepts cash, checks, PayPal, and credit cards as methods of payment. Credit card payments greater than $500 must be made in person at CreativeTek’s office.
- Checks may be deposited electronically the same day and may clear the Client’s bank account as soon as the next business day.
- Interest will be applied to past due invoices on the 10th day of every month. The rate of interest is calculated at 18% per year (minimum of $5 per statement).
- An amount is considered delinquent 30 days after the invoice due date. CreativeTek reserves the right to pursue available means of collection. The Client is responsible for the costs incurred by CreativeTek in attempts to collect the delinquent amount plus interest.
- Some products and devices provided in an estimate may be special order. Due to the constant change in price and availability of technology products, CreativeTek is unable to guarantee exact prices. The price of products listed may change or the products may become unavailable without notice. Upon request, we can generate an updated estimate for final consideration when the Client is ready to purchase.
- The hourly rate of labor in an estimate is guaranteed for 30 days, however, the number of hours required to complete the project can vary greatly based on many factors, including complications that may arise and the unique characteristics of the Client’s premises.
- The parties acknowledge that remote access to systems may be provided through applications such as LogMeIn, Remote Desktop, or Remote Management (routers and firewalls).
- The parties agree that remote access will not occur without the consent of the Client or the Client’s staff.
- The parties further acknowledge that third-party applications may monitor and collect details about the systems regarding CPU, Memory, Hard Drive and other items for the purposes of detecting suspicious activity, malware, and performance issues. To opt out of these monitoring services, the Client must issue a written request (email is acceptable) to CreativeTek.
- During the provision of services, CreativeTek may allow third parties remote access to a Client’s systems if necessary. Such third parties may include CreativeTek contractors, software vendors, or tech support agents.
- The parties acknowledge that during the provision of services under this Agreement, the Client may experience outages or other downtime across the Client’s IT ecosystem resulting in loss of profits. CreativeTek shall use its best efforts to prevent such loss and shall not be liable for such losses. See WARRANTIES.
- There are no express or implied warranties other than those provided by the manufacturer of products sold to the Client. No warranties whether express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose shall apply. No other express or implied warranty or guarantee given by any person, firm or corporation with respect to these products and services shall be binding on CreativeTek. CreativeTek assumes no responsibility that the product and/or service will be fit for any particular purpose for which the Client may be buying the product and/or service, except as otherwise provided in the manufacturer’s warranty or in applicable law.
- CreativeTek shall not be liable for loss of data, loss of revenue, profits, failure to realize savings or other benefits, or any other special, incidental or consequential damages caused by the use, misuse, or inability to use these products and/or services, regardless of the legal theory on which the claim is based, and even if CreativeTek has been advised of the possibility of such damages.
- No recovery of any kind against CreativeTek shall be greater in amount than the purchase price of the products and/or services sold by CreativeTek and causing the alleged damage. The Client assumes all risk and liability for loss, damage or injury to the Client and the Client’s property and to others and their property arising out of the use, misuse, or inability to use these products and/or services.
- CreativeTek and the Client acknowledge that in the course of performing under this Agreement, each party may be provided with or given access to information, in oral, recorded, electronic or written form, which information is proprietary and confidential to the other party. The parties agree that each shall use the same degree of care in preventing the disclosure of any confidential information to any third party as each party uses with regard to its own information of similar importance, however, in no event shall either party employ less than a reasonable degree of care to protect any confidential information.
- Confidential information shall only be disclosed to employees, agents or independent contractors who have a need to know the information for the purposes of providing services under this Agreement. “Confidential Information,” as used herein, shall not include, and neither party shall have any obligations of confidentiality with respect to information that is:
- In, or comes into, the public domain, except as a result of a breach of this provision;
- Received by either party from a third party not under any obligation of confidentiality with respect thereto;
- Independently developed by either party’s personnel that have not had access to the Confidential Information;
- Required to be disclosed by either party under operation of law; or
- Approved in advance in writing for disclosure by the owner of the Confidential Information.
- Confidential Information shall include all material, non-public, business related information, whether written or oral, regardless of whether it is marked as confidential, that is disclosed or made available to either party by the other party, directly or indirectly, through any means of communication or observation by the disclosing party or its representatives and shall include, at a minimum, any information protected by the laws of the State of Nebraska or any federal legislation (i.e. HIPAA, FERPA, etc.).
ACCEPTANCE OF THIS AGREEMENT
- By engaging with CreativeTek in the purchase of products and services, the Client agrees to these terms and conditions of service.
- By continuing to use CreativeTek’s services after receipt of the changes contained herein, an existing Client agrees to these terms and conditions of service.