INVISUS iCare Services Terms & Conditions
This Agreement covers important topics such as term of service, how the service works, billing, late fees, our rights to change this agreement and your rights to alter your service; limitations of liability, information privacy and the use of information about you, and settlement of disputes by arbitration instead of in court. If you accept this Agreement, it will apply to all services offered by INVISUS. Its provisions also apply to any other transactions or agreements between you and INVISUS, LLC. To the extent their terms and conditions conflict with this agreement, this Agreement will govern.
You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for a company, you are representing that you are authorized to bind it and where the context requires, "you" means the company.
INVISUS offers various computer services and identity protection services for individuals, families and small businesses. Some INVISUS services may have special terms and conditions of service that apply in addition to the terms outlined here.
30 Day Service Guarantee
If during your first 30 days of service you are not satisfied for any reason with your iCare service, you may cancel without further obligation or penalties. If with your cooperation and assistance the INVISUS technicians are unable to perform any of our services on your computer(s) including checkup, cleanup, software installation, repair, tune-up, optimization or other services, you may cancel your service within the first 30 days and request a full refund without termination penalties or other charges. HOWEVER, NO REFUND WILL BE ISSUED IF ANY CHECKUP, CLEANING, DIAGNOSITC, OPTIMIZATION, REPAIR OR OTHER WORK ON YOUR COMPUTER(S) IS DONE BY ONE OF OUR TECHNICIANS.
Billing and Payments
Your monthly subscription fee will be billed and charged automatically to the credit or debit card that you used to initiate your original subscription, or by any other payment method approved by INVISUS. Changes to your monthly billing based on additions or cancellations of services to your account will be billed at a prorated rate based on the date of the change to your overall subscription. All subscriptions started on the 29th, 30th or 31st of any month will be billed on the 28th of each month thereafter. If you have multiple INVISUS service subscriptions, they will all be billed together once a month, on the day of your very first subscription.
Late payments, Account Suspended.
If for any reason payment is not made on the day it is due, your service will be automatically suspended until your account is brought current. INVISUS will notify you of past due amounts by email and/or by phone. Accounts that reach 60 days past due will be terminated by INVISUS. Past due accounts are returned to current status upon payment in full of all past due amounts. INVISUS may, to the extent permitted by law, charge a late fee of up to one and one-half percent (1.5%) a month (18 percent annually), or a flat $5 a month late fee, whichever is greater, on unpaid balances. INVISUS may charge a $25 service fee for any returned check or denial of payment by credit card, depending on applicable law. INVISUS may also charge for any collection agency fees billed trying to collect from you.
Service Upgrades, Transfers
Only the primary account holder on record with INVISUS may change plan types or account status. Upgrades of any subscription to a more comprehensive or higher level service may be done at any time. NO REFUNDS WILL BE GIVEN FOR SERVICE SET-UP FEES PAID, AND CERTAIN UPGRADE OR TRANSFER FEES MAY APPLY FOR UPGRADING OR CHANGING TO OTHER INVISUS SERVICE PLANS. Your computer service subscription may be transferred from one computer to another. A service transfer and setup fee to another computer may apply.
iCare is a month to month service. If you are dissatisfied with your service for any reason, you may cancel it at any time. To cancel services, the primary account holder must call INVISUS customer service and request cancellation. To prevent privacy and security risks, email cancellation requests are not accepted unless the account being cancelled is verified by phone.
About iCare Services
iCare provides you with computer protection and technical support services for computers enrolled in our service plans. Services include but are not limited to security checkups, virus/malware removal, problem troubleshooting and repair, system tune-ups and maintenance, peripheral device connectivity, Wi-Fi network connectivity, and mobile device security support and consultation.
iCare Personal covers support for one personal computer and up to 2 mobile devices. iCare Home covers support for all personal household computers and mobile devices (no more than 2 computers may be covered that are used for home business purposes). Home businesses with more than 2 computers must enroll in the iCare Pro service plan.
When you contact our technical support call center you will be connected to a technician. The technician will address the questions and technical difficulties you are seeking help to resolve with your computer(s). The technician may offer to remotely connect to your computer on a secure connection through the Internet to provide the service. You understand that you must request tech support service from INVISUS and allow our technicians to work with you and your computer(s). INVISUS cannot gain access to your system in the absence of your request, online presence and involvement in the process. You have the option to allow, decline, halt the advancement of, and/or terminate the on-line remote session.
Each session is private and secure, initiated at your request, and enables you to watch your technician work right on your screen. Once service has been provided, you will be able to terminate the connection, or watch the technician terminate the connection with your computer and peripherals. You may, however, exercise the option of maintaining a plug-in in-place for future sessions. You may only use the remote on-line support services during the session requested by you. You must initiate subsequent requests for service.
Some features of the iCare services may not be available to customers with slow Internet connection speeds. Such limitations may be decided on a case by case basis at the discretion of our technicians. While we will continue to provide the most comprehensive services possible – striving to provide the industry’s best services overall, there are no discounts for limitations to services in such situations. All system and Internet connection requirements are clearly posted on the account sign-up page. It is the sole responsibility of the customer to be aware of their system limitations and Internet service before subscribing to our services.
INVISUS may from time to time be unable to provide the services requested. Examples that may render service temporarily unavailable include: catastrophic events, electrical power outages, website maintenance, virus activity, difficulty with Internet access that is beyond the control of INVISUS and other reasonable instances.
INVISUS is not responsible for lost files or data. We recommend you establish or maintain a separate and external backup file of the programs and information stored on your computer for the reconstruction of any data before seeking technical services from INVISUS.
As part of the service, INVISUS may suggest that you license or use software from third parties in addition to INVISUS proprietary software. It is your responsibility to comply with all licensing and regulatory requirements associated with any third-party software. You further understand and acknowledge that any software, materials or resources you acquire and/or install (or un-install) as part of the service provided by INVISUS may not function properly and/or cease to operate at any time. If you link to a web site that is provided for your convenience during the service, you acknowledge, agree and accept that the links provided/used are maintained by their respective organization, entity or business and that organization, entity or business is responsible for any and all content and/or consequences related to the use of those links/websites. In any event, other than INVISUS proprietary software, INVISUS does not represent, warrant or guarantee the reliability of any product that you choose to license or use at any time during, after, or prior to the Service.
The information you provided as part of your service signup will be transmitted securely and your confidential information will be kept private. We will not share your account information with others without your permission. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We can also use this information to communicate with you about goods and services related to INVISUS products and services.
All employees, agents or representatives that act on behalf INVISUS are contractually obligated to keep all information deserving legal protection confidential and private. Our technicians only interact with or work with files, programs, and information on your computer(s) that you provide or that are necessary to perform the services you request. Our technicians will not use the remote online connection tools to obtain confidential or sensitive information stored on your computer(s), deliberately damage the information on your computer(s), or cause you to experience system problems. The Internet itself is not a secure network. The best available technology does not and cannot guarantee that data that you transmit or receive over the Internet will not be intercepted or corrupted by sources beyond the control of INVISUS.
Our Rights to Make Changes
Your account, subscription and service are subject to our business policies, practices and procedures, which we can change without notice. WE CAN CHANGE PRICES AND ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME BY GIVING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU ARE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN CANCEL THE AFFECTED SERVICE AT ANY TIME.
Our Rights to Limit or End This Agreement
INVISUS may temporarily suspend an account belonging to or associated with you if concerns arise regarding the use or nature of usage of your account. INVISUS reserves the right to refuse service and terminate or refuse a request for service on reasonable grounds.
You agree not to use (or to permit your computer to be used) for any purpose that is illegal or not allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO: (a) paying late more than once in any 12 month period; (b) verbally or physically abusing our employees or agents; (c) lying to us; (d) asking our technicians to do anything illegal or unethical on your behalf (e) interfering with network, customer service, or business operations; (f) becoming insolvent or going bankrupt; (g) breaching this agreement; (h) "spamming," "mail bombing," or other abusive messaging; (i) providing credit information we cannot verify; (j) using your INVISUS service in a way that adversely affects service to other customers; or (k) allowing any unauthorized person or party to use INVISUS software or services without being a legal customer of INVISUS. We can also temporarily limit your service for any business or governmental reason.
Disclaimer of Warranties
You understand that INVISUS DOES NOT GUARANTEE YOUR SECURITY OR PROTECTION AND MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY FEDERAL, STATE, AND LOCAL LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INVISUS cannot promise error-free service and doesn't authorize anyone to make any warranties on its behalf.
Waivers and Limitations of Liability
INVISUS AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR AFFILIATES SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY BREACH OF SECURITY OR INCIDENT OF IDENTITY THEFT, LOSS OF DATA, INTERRUPTION OF SERVICE, OR FOR INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND. Services may be subject to limitations, delays and other problems inherent in the use of computers, software, and the Internet. You agree that INVISUS is not liable for problems caused by you or a third party, or for other problems inherent in the use of the Internet and electronic communications, or other issues INVISUS does not control.
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL CLAIM OF SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.
Instead of suing in a court of law, we each agree to settle disputes (except certain small claims) only by arbitration. To the fullest extent permitted by law we each agree that:
1. Any controversy or claim arising out of or relating to this agreement will be settled by one or more neutral arbitrators on an individual basis before the American Arbitration Association ("AAA"). This does not change your substantive rights, just the potential forums for resolving disputes. In addition, you can still bring any issues you may have to the attention of appropriate federal, state, or local government agencies and they can still, if the law allows, seek relief against us on your behalf.
2. Only an arbitrator can decide whether an issue is arbitrable. An arbitrator can allocate the fees and costs of arbitration in an award. If applicable statue provides for an award of attorney's fees, an arbitrator can award them too. Any arbitration award made after completion of any arbitration is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.
About This Agreement
A waiver of any part of this Agreement in one instance won't be a waiver of any other part or any other instance. You cannot assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice, and you agree to make all subsequent payments as instructed. NOTICES ARE CONSIDERED DELIVERED 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICES ADDRESS ON YOUR MOST RECENT BILL, IF BY YOU. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement. This agreement and the documents to which it refers form this entire agreement between us on their subjects. You cannot rely on any other documents or statements on this subjects, and you have no other rights with respect to service or this Agreement, except as specifically provided by laws. This Agreement is governed by the laws of the state of Utah.