A NOTE ON TERMINOLOGY: Terms defined in this Agreement, when used with initial capital letters, have the meanings given in this Agreement. "You" and "your," refer to you, the user (and your organization, if you are an employee). "MyOnsiteTech.com", "us", "our", and "we" refer to MyOnsiteTech.com, LLC a Florida based company. All use of the MyOnsiteTech.com website, its services, and any services offered through the website is subject to the Terms and Conditions of this agreement and the policies, agreements and instructions for the use of this site contained in the site and posted by MyOnsiteTech.com, which are hereby incorporated herein. If these terms are considered an offer, acceptance is expressly limited to these terms.
Authorized use of the website is available only to persons who are at least 18 years old and are otherwise capable of forming legally binding contracts under applicable law.
We reserve the right at any time to:
• Change the Terms and Conditions of this Agreement;
• Change the website, including eliminating or discontinuing any content on or feature of the website; or
• Change any fees or charges for using the website.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the website. Your use of the website after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
DESCRIPTION OF SERVICE: MyOnsiteTech.com provides clients with access to information of certified independent technicians in your area and setup a time running invoice with means to hire and contract with them to perform computer services. Contact mediums with the technicians will be thru a text message, phone call and email. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new MyOnsiteTech.com properties, shall be subject to the Terms and Conditions. You acknowledge and agree that the MyOnsiteTech.com service is provided "AS IS" and that MyOnsiteTech.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use MyOnsiteTech.com services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, if you do not have equipment necessary to make such connection to the World Wide Web or your web access is not working correctly, you can call the toll free number (1-877-myonsitetech),(1-877-696-6748)and a message will be directed to our staff about your wanting services. The technician will be equip with a cell phone for communication.
REGISTRATION: To become a client you must create an account with us. When and if you register to become a client, you agree to provide accurate, current and complete information about yourself as prompted by our client information form, and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your client data as accurate, current and complete. You acknowledge that if your client data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the website.
Either you or MyOnsiteTech.com may terminate your access to the service at any time, for any reason. Any invoice purchases paid are nonrefundable. We reserve the right to immediately terminate your access to the MyOnsiteTech.com service, without notice, upon any breach of this Agreement by which is brought to our attention.
Your client account of MyOnsiteTech.com is for your sole personal use. You may not authorize others to use your client account, and you may not assign or otherwise transfer your client account to any other person or entity.
EMAIL AND PASSWORD: As part of the client account process, you will be asked to provide an email address that will deliver your auto gererated UserID and password to you. You are responsible for the confidentiality and use of your UserID and password and agree not to transfer or resell your use of or access to the website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us by emailing us at info@MyOnsiteTech.com and you will have to open another account to get an auto generated UserID and password emailed to you. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
ONLINE CONDUCT: As a client, you agree that:
You are solely responsible for the content or information you provide on MyOnsiteTech.com.
You will not provide on MyOnsiteTech.com website, or transmit to other clients or technicians, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us by sending an email to info@MyOnsiteTech.com of any material contained in MyOnsiteTech.com that you believe infringes these rules.
You will use MyOnsiteTech.com service in a manner consistent with any and all applicable laws and regulations. You will not include in any unrelated fields any company names, telephone numbers, street addresses, URLs, email addresses, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. MyOnsiteTech.com reserves the right, but has no obligation; to reject any profile, photograph, or resume that does not comply with these prohibitions.
You will not remove or copy any copyright, servicemark, trademark, patents, patent pending, or other proprietary rights notices contained in the website.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other clients to buy or sell any products or services through MyOnsiteTech.com. You will not transmit any chain letters, spam or junk email to other clients.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other clients whether or not for commercial purposes, without their/our express consent.
You will not use any deeplinking, robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents.
You will not impersonate any person or entity.
You will not post, distribute or reproduce in anyway any copyrighted material, patent material, patent pending material, trademarks, servicemarks, trade names or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You will not interfere with or disrupt MyOnsiteTech.com services or the website or the servers or networks connected to MyOnsiteTech.com services or the website.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through MyOnsiteTech.com.
You will not "frame" or "mirror" any part of the website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to MyOnsiteTech.com or the website in order to direct any person to any other website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or any software, code used on or for the website or cause or allow others to do so.
You are solely responsible for your interactions with other clients.
We do not exclude any liability for death or personal injury due to our negligence.
INDEMNITY BY CLIENT: You agree to indemnify, defend and hold us, our officers, directors, independent technicians, managers and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorney's fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, patent pending, patents, tradenames, trademark, service mark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers or other information or content made available through MyOnsiteTech.com are those of their respective client- author and not of MyOnsiteTech.com, and should not necessarily be relied upon. Such clients are solely responsible for such content. MyOnsiteTech.com does not guarantee the accuracy, completeness or usefulness of any information on MyOnsiteTech.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will MyOnsiteTech.com be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the website or transmitted to clients.
The website may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.
It is possible that other clients or technicians (including unauthorized users, or "hackers") may obtain personal information about you due to your use of the service, and that the recipient may use such information in ways other than those intended with this site. MyOnsiteTech.com is not responsible for the use of any personal information that you may choose to disclose on the MyOnsiteTech.com website.
MyOnsiteTech.com reserves the right, but has no obligation, to monitor the materials posted in any area of the website. MyOnsiteTech.com shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of MyOnsiteTech.com, you remain solely responsible for the content of the materials you post in any area of the website and your private email messages.
PROPRIETARY RIGHTS: MyOnsiteTech.com owns and retains other proprietary rights in the MyOnsiteTech.com services and the website. MyOnsiteTech.com services and the website contain the copyrighted material, patent material, patent pending material, trademarks , servicemarks and other proprietary information and software/code of MyOnsiteTech.com and its licensors. In addition, other clients may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
By posting information or content to any area of MyOnsiteTech.com, you automatically grant, and you represent and warrant that you have the right to grant, to MyOnsiteTech.com and other clients an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY CLIENT: The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of skills, preferences and to allow you to participate in the MyOnsiteTech.com service.
DISCLAIMER OF WARRANTY. MyOnsiteTech.com PROVIDES THE SERVICE AND THE WEBSITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH MyOnsiteTech.com OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE. MyOnsiteTech.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MyOnsiteTech.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE WEBSITE WILL BE CORRECTED. MyOnsiteTech.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE, CELLPHONE, TEXT MESSAGING, FTP, REMOTE VNC, EMAIL OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE, CELLPHONE, TEXT MESSAGES, EMAIL OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL MyOnsiteTech.com BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE MyOnsiteTech.com SERVICES OR THE WEBSITE, EVEN IF MyOnsiteTech.com OR ITS AGENTS OR REPRESENTATIVES OR independent CONTRACTORS KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS MyOnsiteTech.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MyOnsiteTech.com FOR THE SERVICE'S DURING THE TERM OF CONTRACT.
In addition, MyOnsiteTech.com disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
We do not exclude any liability for death or personal injury due to our negligence.
COPYRIGHT POLICY: We respect the intellectual property of others, and we ask our clients to do the same. If you believe that a copy of your work is available on MyOnsiteTech.com without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:
• A description of the copyrighted work that you claim has been infringed;
• Details of where the infringing material is located on the website;
• Your address, telephone number and email address;
• A statement by you that you believe in good faith that the use of the work on the website is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and
• An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.
Please deliver this information to: (MyOnsiteTech.com,LLC, 3640 N. Federal Hwy, #922, Lighthouse Point, FL, 33064)
COMPLAINTS: To resolve a complaint regarding MyOnsiteTech.com service or the website, you should contact MyOnsiteTech.com at info@MyOnsiteTech.com.
SALES TAX: MyOnsiteTech.com does not collect the sales tax that is calculated on the Web Invoice. The client and the independent technician are the responsible parties of the reassurance of paying the sales tax to the local tax authorities. The client is solely responsible for paying the sales tax directly to the independent technician with a PayPal payment after the invoice is completed. Upon the independent technician receiving the sales tax payment thru PayPal their soley responsible for remitting the payment from the client to the the local tax authorities with that payment, including notifying MyOnsiteTech.com with a paypal receipt of the sales tax remittance.
GENERAL PROVISIONS: This Agreement with you, set out in these client Terms and Conditions, is governed by US law in the State of Florida and you and we submit to the non-exclusive jurisdiction of the Broward County, Florida in the event of any dispute regarding these Terms and Conditions or MyOnsiteTech.com service or the website or any matter related thereto. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
This Agreement, accepted by you upon registering for MyOnsiteTech.com service, contains the entire agreement between you and MyOnsiteTech.com regarding the MyOnsiteTech.com service and the website. Unless otherwise explicitly stated, the Terms and Conditions will survive termination of your membership to MyOnsiteTech.com service. This agreement shall terminate immediately and without notice if you breach any of the Terms and Conditions, subject to the survival of all rights and reservations of MyOnsiteTech.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The client certifies that the client has read and agrees to be bound by these MyOnsiteTech.com client Terms and Conditions.
We may update this Privacy Agreement from time to time as our services change and expand. If we update this Privacy Agreement, we will post the updated Agreement on this page. Unless otherwise provided below, the revised terms will take effect when they are posted. Once any changes that we make to this Privacy Agreement become effective, your continued use of the site after such time will signify your acceptance of the new terms. If we are going to use your Personally Identifiable Information, as defined below, in a manner different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that affect user information already stored in our database, we will post a prominent notice on our web site notifying users of the change. In some cases when we post the notice we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.
2. This Site contains links to other sites
MyOnsiteTech.com is not responsible for the privacy practices or the content of any other web sites to which the site links or to which link to the site. By clicking on a link, logo or other item, please note that you may no longer be on the MyOnsiteTech.com site. To check what Internet location you are on, note the URL at the top and/or bottom of your browser. We encourage you to read the posted privacy statement of that web site whenever interacting with any site.
3. Web Invoice
This area of the site is for the transaction communications of Clients and Service Providers. The private and shared areas of the site help to facilitate communication and the exchange and sharing of information between Clients and Service Providers once a Web Invoice has been accepted and created. The information contained with respect to Web Invoice between Clients and Service Providers is not used for any purpose other than to facilitate transaction communication and the exchange of information between the parties involved. MyOnsiteTech.com reserves the right to monitor communications throughout our site, and if we believe that a Client or Service Provider is violating any of our agreements; international, federal or state laws; and/or our stated policies we may terminate such usage.
4. Registration Information We Gather
If you register to buy or sell services using MyOnsiteTech.com, we collect and store information that specifically identifies you or your account ("Personally Identifiable Information"). At this time, the most information you would be required to submit is information about your computer skills, resume, social security number, abilities to perform computer service work, your first name, last name, street address, city, state, zip/postal code, country, paypal email account and email address. Clients using credit cards are required to enter a valid credit card number, CVV number, name as it appears on the credit card and the address associated with the credit card. Clients using virtual checks (echecks), are required to enter a valid routing number, account number and drivers license. We may, in the future, include other optional requests for information from you, to help us to tailor the site for you and deliver personalized information to you. Credit card and eCheck information will be transmitted via SSL encryption for your protection.
5. The MyOnsiteTech.com Payment System
MyOnsiteTech.com offers a payment system that allows Clients to pay with a credit card and eCheck. If you make use of this service, MyOnsiteTech.com will collect your credit card number and/or other entered financial institution information and will use that information to charge your Web Invoice transactions and/or to perform the billing operation on behalf of the Service Provider, including but not limited to the use and disclosure of such credit card number and information to third parties (merchants) as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the Client through the CVV # and/or last 5 digets of the checking account # authentication processes.
6. Automatically Gathered Information
MyOnsiteTech.com automatically collects your browser type and browser software version to tailor the presentation of the services to your platform and to maintain a record of your activity on the site. MyOnsiteTech.com uses cookies to enable users to specify unique preferences and to track user trends and patterns. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our site may not function as effectively or may be considerably slower. As an automatic process, our web server software records a log file of IP addresses that access the Site. We also collect IP address information, but do not ordinarily link IP addresses to Users' Personally Identifiable Information. However, we can and will use IP addresses to identify a user when we, in our sole discretion, determine that it is necessary to enforce compliance with our various policies or to protect our service, site, customers or others.
7. Service Provider Profile and Employment
As part of employment with MyOnsiteTech.com, you will be asked to pay/submit to a criminal background screening which will be reimbursed after ten Web Invoices have been completed. You will submit a resume describing your computer experience, certifications, rates and qualifications. Some of the information requested is mandatory. If you decide to offer your services through MyOnsiteTech.com, potential Clients will look to your profile to help them decide whether to make use of your services.
8. How We Use Registration Information
We use Personally Identifiable Information for our own internal purposes including contacting you via email and/or phone to inform you about updates to our services and providing you with information relating to e-commerce transactions that you conduct on the site. We reserve the right to disclose your information as required by law. We do not rent or sell our Clients and Service Providers Personally Identifiable Information to third parties. We do, however, provide you with the opportunity to receive communications via email.
9. Use of General Data
MyOnsiteTech.com reserves the right to use the general data it obtains from the use of the system, including all statistical information. You acknowledge that such data belongs to MyOnsiteTech.com and that MyOnsiteTech.com shall have the right to use such data as it determines in its sole discretion.
10. Third Party Intermediaries
We use an outside credit card/eCheck processing company to bill Clients for services. We believe these companies do not retain share, store, or use personally identifiable information for any secondary purposes.
11. Security
MyOnsiteTech.com will use commercially reasonable methods to keep Personally Identifiable Information securely in our files and systems. Our Web Invoice is operated using secure Internet connections, using SSL (Secure Sockets Layer) encryption, to help protect your financial data. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.
12. Terminating Your Account
MyOnsiteTech.com saves your Personally Identifiable Information until your account with us is terminated. To terminate an account, contact MyOnsiteTech.com via email as indicated on our About Us page. If you terminate your account, your Personally Identifiable Information cannot be recovered and it will take a short amount of time until we have updated all of our databases. After termination of your account, your Personally Identifiable Information may remain on our archived database and records for a reasonable time as residual information. We will not use this residual information. Notwithstanding the above, we will maintain information on Clients and Providers who have been removed for violating any of our agreements/policies.
13. Correcting/Updating Your Information and Opting Out
This Site gives the following options for changing and modifying information previously provided. a. You may update your account information using the Clients account page. b. You may update your credit card/eCheck information using the Clients page, on the site. For other requests, please contact info@MyOnsiteTech.com.
14. Legal Disclaimer
Though we make every effort to preserve Client and Service Provider privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process.
15. Contacting Us
If you have any questions about this Privacy Agreement or the practices of this Site, you may contact us email or write to our office.
