Collection of your Personal Information: We may collect and store information as part of operating our support services. NowNerd and our affiliates, collectively known as the "Service", may ask you to provide personal information, such as your email address, name, address, telephone number and billing data. We may also collect and store your service history, chat records, phone conversations, screen recording and feedback reports pertaining to your service. We may also collect additional information to perform services. Device information is technically collected, such as hardware model, operating system version, unique device identifiers, system settings, system software, connection information, IP address, web log information, network information, demographics and navigation data. All of your activity through the Service may be recorded in a secure database.
How We Collect Information: We collect information from you when you interact with us about a service we offer or provide. We may obtain information about you from an affiliate or partner referring our services. We automatically collect certain types of information when you visit our websites or use our services using the following or similar tools. "Cookies" are small data files placed on your computer by the websites you visit and can be used to help recognize you as a user of that site when you return, or when you visit other sites. Cookies allow proper functionality of a website. "Web beacons" are small graphic images on a Web page or in an email that can be used for such things as recording the pages and statistical data. A "widget" is a small program or application that can be embedded in a web page. Widgets can provide real-time information, such as stock quotes or weather reports, or other functionality. Widgets are often provided by a third party, and may allow that third party to collect data about users viewing that page. A Web "server log" is a record of activity created by the computer (called a "server") that delivers the Web pages you request to your browser. For example, a Web server log may record the search term you entered or the link you clicked to bring you the Web page. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.
Sharing of Your Personal Information: Except as described in this statement, WE WILL NOT DISCLOSE your personal information outside of the Service and its subsidiaries and affiliates without your consent. Some services are co-branded to another company (partner/affiliate). If you register to or use such a service, both the Service privacy statement and the partner's privacy statement may be displayed. Both our Service and the partner will receive information you provide. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
Security of Your Personal Information: Our Service is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. We store the personal information we collect on computer systems with limited access, which are located in controlled facilities. However, no security system is infallible. We cannot guarantee the security of our database, web sites, or services, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet. We are not responsible for the actions of third parties. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.
Links to Third Party Sites: Our sites may contain links to other sites, including sites operated by other entities. Please be aware that these sites may collect personal information about you. We urge you to review the privacy policies posted on any web site you visit before using the site and providing personal information. We are not responsible for the privacy practices or the content of such websites.
Collection and Use of Children's Personal Information: Our website is not designed to attract children under the age of 13. We do not intentionally or knowingly collect information from anyone under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete the data.
How to Contact Us: We are committed to keeping your private information secure. If you have questions or concerns regarding this statement, please call 971-245-5500
These terms ("terms") govern your use of the NowNerd web site ("site") and any technology support services provided either by telephone, chat or computer (the site and the support services are collectively referred to as the "services") provided by NowNerd, Inc., its subsidiaries, affiliates and contractors (collectively referred to as "NowNerd", "we", "our", or "us").
Scope of Services: You may initiate the services via telephone or via our site, or other means made available by NowNerd. NowNerd will use commercially reasonable efforts to answer your technology question and resolve your technology problem for a fee as stated in the service or as quoted, as applicable. NowNerd may provide certain portions of the services via telephone, remote control session, online chat or e-mail.
- You are at least 18 years old.
- You have the right, capacity and authorization necessary to be legally bound to the terms.
- You will comply with all treaties, laws, rules and regulations applicable to your use of services.
- Any information you submit to NowNerd is correct and complete.
- You agree to make payment for services rendered.
- If you do not agree to these terms, you may not access or use the services.
Data Backup You are solely responsible for maintaining and backing up all information, data, text or other materials and software stored on your device and storage media before ordering the services. You acknowledge and agree that NowNerd or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services.
Use of Software and Tools NowNerd may need to download and run software on your device to help diagnose and resolve your technology problem. You acknowledge and agree that use of all NowNerd software and third party software and tools accessed, downloaded or otherwise provided or made available with the services are subject to the license agreements that may appear or be referenced when you access or download the software. You may not access, download or use any software without agreeing to the terms and conditions of the license agreements. You agree that we may download and utilize software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of software that will expire and cease to function after a certain period of time unless you purchase a license to continue using such software. You may use the NowNerd software only in connection with the services and for no other purpose. You agree that we may, but are not obligated to, remove any software downloaded to your device during the services after we have completed or terminated the services.
Right of Entry Client agrees that Now Nerd is granted right of entry for the purpose of removing and accessing all equipment owned by Now Nerd.
Our Warranty of Services A service may not be successful because the problem may be beyond our ability to solve remotely. If you have purchased a one-time service from NowNerd, then the following warranty applies:
- If we are not able to answer your question or resolve your technical problem and you have complied with all of your obligations in these terms, we will not charge you a fee for the service. If a fee has already been charged, it will be refunded.
- If you experience a problem with the resolution we provided and you call us within thirty (30) days from the day you originally received the service, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the service.
You understand and agree that except as expressly set forth above, the services are provided "as is," without warranty of any kind and there are no other warranties for the Services. Any content or software that you access, download or use with the services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities.
Support Service Level Agreement
- Low Priority: (No time constraint, low or no impact to business.) Assign within 24 hours; In progress within 72 hours; Completion target: 338 hours (2 Weeks)
- Normal Priority: (Low business impact.) Assign within 8 hours; In progress within 24 hours; Completion target: 72 hours
- High Priority: (Single user affected significantly.) Assign within 4 hours; In progress within 8 hours; Completion target: 48 Hours
- Urgent Priority: (Single system down. Business significantly affected.) Assign within 2 hours; In progress within 4 hours; Completion target: 24 Hours
- Critical Priority: (All systems down. Business cannot function.) Assign within 1 hour; In progress within 2 hours; Completion target: 12 Hours
Customer Responsibilities We will need your cooperation by promptly responding to our requests for information and actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of software on your device and accept all applicable license agreements for the software. The applicable fees for the services you order may be quoted via telephone or chat. The fee for the services will be charged directly on your credit card and you agree to pay the charges applicable to your selected services, as well as any applicable taxes. In order to use certain software or services, we may require that you register. During the registration process, you may be asked to designate, or we may designate for you, a user name and password. You are responsible for maintaining the confidentiality of any password or account information you receive from NowNerd, and are responsible for all activities that occur using that password or other account information. You must provide complete and accurate identification, contact, and other information required as part of the registration process. You must notify NowNerd immediately upon learning of any unauthorized disclosure or use of your password or other account information. NowNerd has no liability for any unauthorized use of the services under your account or on your device.
Recurring Subscription, Unlimited Plan, Payments and Fair Use Policy We are excited to service your computer. Our lowest possible price is offered to care for an average consumer’s computer support needs. Our Fair Usage Policy is designed to prevent fraud and abuse by a small number of users. Only the registered device is covered and limited by the plan purchased. Unreasonable services, in excess of twice the average demanded hours, may result in your subscription being suspended or our relationship being terminated. We may provide you with a notice of improper behavior before suspending, terminating or offering an alternative subscription, as we deem appropriate. A Business Managed IT subscription package may only be purchased and serviced with a separate MIT agreement custom designed for your business. The Residential Subscription plan covers up to three devices that are not used for business in your household. When purchasing a subscription, you agree to a minimum 12 monthly payments, which will continue ongoing after the initial 12 months, until you notify NowNerd of cancellation. Monthly recurring charges for certain services and individual services must be paid in advance. If a credit card is submitted by you for monthly reoccurring or individual services, you agree to authorize the charges for all fees associated with the services, including renewals or upgrade changes as notified. If any portion of your bill is not paid by the due date for any reason, a late fee on unpaid balances may be charged and your services may also terminate or suspend without notice. In the event third party collection fees are incurred to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including legal fees.
Restrictions Your use of the services is only for your personal purpose on your technology and not for commercial use. You will not resell or transfer services to others, without written agreement. You shall not misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of NowNerd or its customers or its partners, including but not limited to interfering with or otherwise disrupting business or networks connected to the service. You will not engage in any activities or actions in connection with the services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information or engage in any activities that violate the personal privacy or publicity rights of others. You will not access, monitor or use data, traffic, tools, systems, facilities or networks provided with or accessible from the services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. You may not use, download or copy any materials provided on the site or with the services. Any rights not expressly granted herein are reserved by NowNerd.
Links from and to the Site Our site may contain hyperlinks to Web sites that are not controlled by NowNerd. NowNerd is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of NowNerd. We reserve the right, however, to rescind any permission granted by us and to require termination at our discretion.
Third Party Products and Services In the course of delivering the services to you, we may refer you to third parties. These third parties and/or their websites may also be linked and/or displayed on our site. Although we may link or refer you to such products and services offered by third parties, such references, links and/or displays in no way mean, imply, suggest or constitute any evaluation or approval by us of those merchants or their products or services. We are not responsible in any way for any other web sites, products, services or information. Your dealings with other entities promoted on or through the services are solely between you and the other entity. You agree that NowNerd shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings. Likewise, any third party that may refer you to our services has no responsibility or liability for the services provided by NowNerd.
Limitation of Liabilities In no event shall NowNerd, its referral partners and suppliers, or any of their respective directors, officers or employees be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort, misrepresentation, strict liability or any other legal or equitable theory, that arises from directly or indirectly related use of or the inability to use, the services, software, content or your device and other technology including, without limitation, lost sales, lost revenue, lost profits or other loss of business, loss of or damage to data, or cost of substitute services even if NowNerd has been advised of the possibility of such damages. In no event shall the total liability of NowNerd, its referral partners and suppliers to you in the aggregate for any and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the services, software or content exceed the lesser of the amount paid for the services at issue or US $100.00.
Governing Law The substantive laws of the State of Oregon, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Beaverton, Oregon, and you expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, NowNerd may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.