The following are the terms and conditions for use of MyTECH Services Inc. services.
Please read them carefully. Our Service is offered to you with the condition that
you accept without modification the terms and conditions contained herein. MyTECH
Services Inc. may change these Terms of Service at any time, with or without notice.
Accordingly, you should return to this Website often to check for changes to the
Terms of Services. You understand that by using the Service after a change becomes
effective, you have agreed to it. By purchasing Services from MyTECH Services Inc.,
you are indicating your agreement to be bound by all of the terms and conditions
set forth in this document. THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS
REGARDING YOUR USE OF MYTECH SERVICES INC.’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP
WITH MYTECH SERVICES INC.. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OURS.
These Terms of Service (the "Agreement") are entered into by and between you, the
customer (personally and/or on behalf of your employer, as applicable) ("you", "your"
or "Subscriber") and MyTECH Services Inc., . ("MyTECH Services Inc.", "us" or "we").
You are deemed to have accepted this Agreement upon the earlier of: (a) your submission
of an online or telephone request for service; (b) your accepting the Terms of Service
electronically during registration or in the course of initiating a support session
whether online, by telephone or on-site (see Paragraph 4); or (c) your use of the
Service (see Paragraph 2). This Agreement is made up of the terms below, plus the
specifically referred to in these Terms of Service, all of which are incorporated
herein by reference. The Agreement and related policies are also set forth on the
MyTECH Services Inc. website (http://www.MyTECHsc.com) ("Website"). The Agreement
sets forth the terms and conditions under which you agree to use the Service, and
under which MyTECH Services Inc. agrees to provide the Service to you. You may also
receive a paper copy of this Agreement either by telephoning MyTECH Services Inc.
at 803-359-1571 or by writing to us at MyTECH Services Inc., PO Box 1610: Lexington,
SC 29072, Attention: Billing Department.
2. Definition of Service
For purposes of this Agreement, the term "Service" shall mean the MyTECH Services
Inc. service, including all technical support, usenet newsgroups, email and other
features, products and services provided by MyTECH Services Inc. under the service
option that you have selected. The Service may be referred to as, "Remote Computer
Support", "Virtual On-Site Computer Support Service", "On-Site Computer Support
Service", "Online Computer Support", "Drop-Off Computer Support" or "MyTECH Services
Inc. Online PC Services". As part of the Service, MyTECH Services Inc. may license
to you, or assist you in licensing from third parties, software (see Section 6 below).
3. Authorized User, Use, and Responsibilities
3.1 You represent that: (i) you are 18 years of age or older and you have the legal
capacity and authority to bind yourself and your employer, as applicable, to this
Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative
of your employer, as applicable, to be bound by this Agreement; and (iii) the information
you supply to us is correct and complete. You understand that MyTECH Services Inc.
relies on the information you supply and that providing false or incorrect information
may result in Service withholding or delays or the suspension or termination of
your customer account. You agree to promptly notify MyTECH Services Inc. whenever
your personal or billing information changes (including for example, your name,
address, telephone number, and credit card number and expiration date).
3.2 You agree that you are responsible for all use on your account, including any
secondary accounts or sub-accounts registered to your primary account. You understand
this means that you accept full liability and responsibility for the actions of
anyone who uses the Service via your account, or any secondary accounts, with or
without your permission.
3.3 If you select a service plan that includes a pre-determined allocation of Services
(for example, pre-purchasing 5 hours of Remote Computer Support Service), unused
allotment of Services will remain in your customer account until used. You may use
your account for up to four log-on sessions per appointment at any time. You may
use more than one IP address for each log-on session.
3.4 If you pre-purchase or subscribe to any MyTECH Services Inc. Services: You may
not resell the Service, use it for high volume purposes, or engage in other similar
activities, or use it as a virtual support center, as determined solely by MyTECH
Your privacy is important to MyTECH Services Inc. MyTECH Services Inc. will treat
describes MyTECH Services Inc.'s use and disclosure of information about you, your
account and your use of the Service. To ensure customer service and quality assurance,
all remote computer sessions and telephone calls with MyTECH Services Inc. personnel
will be recorded, stored, and monitored.
5.2 MyTECH Services Inc. or its suppliers may, at any time, without notice or liability,
restrict the use of the Service or limit its time of availability in order to perform
maintenance activities and to maintain session control.
5. Availability of Service
5.1 The Service you select may not be available at all times, and may not be available
in the format generally marketed, and some personal computers may not be able to
receive the Service even if initial testing showed that your connection was qualified
or your computer environment was suitable. For Remote Computer Support, we will
qualify your Internet connection for the minimum line rate (speed) available for
support based on our standard line qualification procedures. All Services are provided
on an AS IS basis. Line rate, access and availability of Service are not guaranteed.
6. Software Licenses and Third Party Services
6.1 In connection with our Service, we may provide to you, via download, CD, other
media, or other delivery method the use of certain software which is owned by MyTECH
Services Inc. or its third party licensors, providers and suppliers, and which may
be provided free or for a fee, including client and/or network security software
("Software"). We reserve the right to update or change the Software from time to
time and you agree to cooperate in performing such steps as may be necessary to
install any updates or upgrades to the Software. You may use the Software only as
part of or for use with the Service and for no other purpose.
6.2 The Software may be accompanied by an end user license agreement from MyTECH
Services Inc. or a third party. Your use of the Software is governed by the terms
of that license agreement and by this Agreement, where applicable. You may not install
or use any Software that is accompanied by or includes an end user license agreement
unless you first agree to the terms and conditions of the end user license agreement.
6.3 With regard to any Software for which your acceptance of a separate license
agreement is not required ("MyTECH Services Inc. Software"), you are hereby granted
a revocable, non-exclusive, non-transferable license by MyTECH Services Inc. to
use the MyTECH Services Inc. Software (and any corrections, updates and upgrades).
You may not make any copies of the MyTECH Services Inc. Software. You agree that
the MyTECH Services Inc. Software is the confidential information of MyTECH Services
Inc. or its third party licensors, providers or suppliers, which you shall not disclose
to others or use except as expressly permitted herein. The MyTECH Services Inc.
Software contains copyrighted material, trade secrets, patents, and proprietary
information owned by MyTECH Services Inc. or its third party licensors, providers,
or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to
discover any source code or underlying ideas or algorithms of the MyTECH Services
Inc. Software, or otherwise reduce the MyTECH Services Inc. Software to a human
readable form, modify, rent, lease, loan, use for timesharing or service bureau
purposes, reproduce, sublicense or distribute copies of the Software, or otherwise
transfer the MyTECH Services Inc. Software to any third party. You may not remove
or alter any trademark, trade name, copyright or other proprietary notices, legends,
symbols, or labels appearing on or in copies of the Software. You are not granted
any title or rights of ownership in the MyTECH Services Inc. Software. You acknowledge
that this license is not a sale of intellectual property and that MyTECH Services
Inc. or its third party licensors, providers or suppliers continue to own all right,
title and interest, including but not limited to all copyright, patent, trademark,
trade secret, and moral rights, to the MyTECH Services Inc. Software and related
documentation, as well as any corrections, updates and upgrades. The Software may
be used in the United States only, and any export of the MyTECH Services Inc. Software
is strictly prohibited.
6.4 Third Party Software: As part of the Services, MyTECH Services Inc. may suggest
that you acquire, install and use certain third party software ("Third Party Software").
Third Party Software is licensed to you by the respective owners or licensees of
the Third Party Software. You must agree to the terms and conditions set forth by
such owners or licensees before installing Third Party Software, whether MyTECH
Services Inc. assists you in the acquisition, installation, and/or use of Third
Party Software. MyTECH Services Inc. has no rights to the Third Party Software and
does not license Third Party Software to you or make any representation or warranty
regarding the Third Party Software.
6.5 We provide technical assistance and support for the Software and the MyTECH
Services Inc. Software in accordance with our policies. To the extent that we provide
technical assistance and support for Third Party Software or equipment, you must
ensure that you comply with the terms and conditions under which you licensed such
Third Party Software or purchased such equipment. We make no warranty that we are
an authorized service provider for Third Party Software or for any equipment; it
is your sole responsibility to determine if you require additional rights for us
to provide such support, and if so, to acquire such rights. You acknowledge that
support of Third Party Software or equipment by an unauthorized service provider
may void any warranty made by the supplier of such Third Party Software or equipment.
6.6 Your license to use the Software and the MyTECH Services Inc. Software shall
remain in full force and effect unless and until terminated by MyTECH Services Inc.,
its third party licensors, providers or suppliers, or until your customer account
is terminated. Upon termination of your customer account for any reason, you must
cease all use of the Software and the MyTECH Services Inc. Software and immediately
delete the Software and the MyTECH Services Inc. Software from your computer.
7. Term and Termination
7.1 Effective Date and Term. This Agreement goes into effect upon your acceptance
of this Agreement as set forth in Paragraph 1 and shall continue, subject to the
terms of this Paragraph, until terminated by either party as permitted by this Agreement.
Billing for your remote, on-site, drop-off or telephone computer support service
will apply on an 'as used' basis.
7.2 Termination of Service.
7.2.1 Pay-as-you-go. If you are a pay-as-you-go service customer, either you or
MyTECH Services Inc. may terminate this Agreement without cause by giving thirty
(30) days written notice to the other party. Activation or set-up fees paid at the
initiation of your service, if any, are not refundable. Termination by MyTECH Services
Inc. shall be effective thirty (30) days after the date of notice to you, except
as otherwise provided in this Agreement. In the event of termination by MyTECH Services
Inc., for any reason, you will be required to pay the remaining balance of the charges
applicable to your Service through the effective date of termination.
7.2.2 Termination and/or Suspension by MyTECH Services Inc. If, in the sole discretion
of MyTECH Services Inc.: (a) you are in breach of any of the terms of this Agreement
(including but not limited to all policies regarding abuse and acceptable use of
the Service) or any license for Third Party Software; (b) your use of the Service
is prohibited by law or is disruptive to, adversely impacts or causes a malfunction
to the Service, MyTECH Services Inc.'s network, or the use and enjoyment of other
users; (c) MyTECH Services Inc. receives an order from a court to terminate your
Service; (d) if MyTECH Services Inc. for any reason ceases to offer the Service;
(e) if you are no longer a MyTECH Services Inc. customer, or (f.) MyTECH Services
Inc. determines that you are abusing the Service or using the Service excessively
then, MyTECH Services Inc. at its sole election may terminate or suspend your Service
immediately without notice.
7.2.3 Terminated Account. MyTECH Services Inc., in its sole discretion, may refuse
to accept your request for service following a termination or suspension of your
use of the Service.
8. Pricing and Payment
8.1 Pricing and Fees. MyTECH Services Inc. fees and charges for the Service(s) you
select are supplied to you during the ordering process and are available on the
MyTECH Services Inc. web site at Service Options unless otherwise provided for in
this Agreement. You agree to pay the charges applicable to your selected Service
plan, as well as any, applicable taxes and other charges including but not limited
to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination
fees, other nonrecurring charges and set-up fees. You also agree to pay any additional
charges or fees applied to your billing account for any reason, including but not
limited to, interest, and charges due to insufficient credit or insufficient funds.
Set up fees, activation fees, installation fees and other non-recurring fees, if
applicable, will be included in your first bill. Usage charges will be billed in
arrears, and pre-purchase plans will be billed in advance, if applicable. MyTECH
Services Inc. or its agent will bill you directly, or charge your credit card, as
you request and as approved by MyTECH Services Inc. MyTECH Services Inc. does not
accept debit cards for payment of any charges or fees.
8.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued
without notice at any time in the placement of Service charges on your credit card,
or your credit card provider denies or discontinues providing credit to you for
any reason, or you fail to make payment when due or provide us with a new credit
card expiration date before the existing one expires.
8.3 Late Fees. If any portion of your bill is not paid by the due date, MyTECH Services
Inc. may charge you a late fee on unpaid balances and may also terminate or suspend
your Service without notice. The late fee will be the lesser of five percent (5%)
per month, or the highest rate permitted by law. In the event MyTECH Services Inc.
utilizes a collection agency or resorts to legal action to recover monies due, you
agree to reimburse us for all expenses incurred to recover such monies, including
8.4 Local telephone, Toll and Long Distance Charges. Whether you are accessing the
Service from your home or away from your home, you are responsible for all telephone
8.5 You have the option to change your Service(s) at any time by notifying us, provided
that you qualify for and comply with any requirements of the changed Service.
8.6 Missed Appointments. If you do not contact MyTECH Services Inc. a minimum of
two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment,
you will be charged, at MyTECH Services Inc.'s option, a missed appointment fee
according to the following schedule: Physical On-Site Computer Support: %50 of the
cost of scheduled service
8.7 Service Without Resolution. MyTECH Services Inc. will make every reasonable
attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer
or network problem. If MyTECH Services Inc. is unable to resolve your computer problem,
you will still be liable for charges for time spent by MyTECH Services Inc. in an
attempt to correct a problem.
8.8 Unable to Create Online Connection. MyTECH Services Inc. will not charge you
if MyTECH Services Inc. cannot connect with your computer in attempt to provide
remote computer support service.
8.9 The waiver of any fees or charges lies solely at the discretion of MyTECH Services
8.10 MyTECH Services Inc. reserves the right to charge service fees to a customer's
credit card up to eight (8) weeks after the conclusion of service.
9. LIMITATIONS ON USE OF THE SERVICE
9.1 You agree that your use of the Service and the Internet, without limitation,
is your sole responsibility, is solely at your own risk, and you will comply with
all applicable local, state, national and international laws and regulations.
9.2 You agree that the Internet is not owned, operated or managed by, or in any
way affiliated with MyTECH Services Inc. and MyTECH Services Inc. is not responsible
and has no control over the information, content or other materials, some of which
may be offensive, malicious or destructive in nature, which may be accessed through
use of the Service. You further agree that MyTECH Services Inc. does not own or
control all of the various facilities and communications lines through which service
may be provided, nor does MyTECH Services Inc. guarantee access to or through websites,
servers or other facilities on the Internet, whether or not such facilities are
owned or controlled by MyTECH Services Inc.
9.3 You agree that MyTECH Services Inc. cannot and does not guarantee or warrant
that data available for downloading through the Service will be free of defects,
infection or viruses, worms, Trojan horses or other code that manifest contaminating,
malicious or destructive properties. You are responsible for implementing adequate
procedures to satisfy your particular requirements for accuracy of data input and
output and for maintaining a means external to the Service for the reconstruction
of any lost data.
9.4 You agree that the Internet is not a secure network and that third parties may
be able to intercept, access, use, or corrupt the information you transmit or receive
over the Internet. MyTECH Services Inc. is not responsible for invalid destinations,
transmission errors, or corruption or security of your data.
9.5 You are not authorized to use any MyTECH Services Inc. name or mark (including
‘MyTECH’) as a hypertext link to any MyTECH Services Inc. Web site or in any advertising,
publicity or in any other commercial manner without the prior written consent of
MyTECH Services Inc. You understand that your ability to link to a Web site through
the Service does not, in any way, represent or imply MyTECH Services Inc.'s approval
of, or its determination of the quality of that product or service, and that links
are provided for your convenience only. The links provided through the Service are
maintained by their respective organizations, which are solely responsible for their
content. MyTECH Services Inc. Affiliates may use the MyTECH Services Inc. name and
link to the MyTECH Services Inc. web site solely in accordance with the terms and
conditions of the MyTECH Services Inc. Affiliate Program.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON
AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY
SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER
WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY MYTECH SERVICES INC. (BUT ONLY
IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), MYTECH SERVICES INC.
(AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM
ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER
SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE,
OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY MYTECH SERVICES INC.
OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF MYTECH SERVICES INC. COMPUTER
SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
10.2 MYTECH SERVICES INC. DOES NOT WARRANT THAT THE SERVICE PROVIDED BY MYTECH SERVICES
INC. WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL
BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. MYTECH
SERVICES INC. SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER
THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. MYTECH SERVICES INC. MAKES
NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET.
MYTECH SERVICES INC. MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED
BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY
FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY
HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR
BUSINESS MAY RESULT IF AN ERROR OCCURS.
10.3 IN NO EVENT SHALL MYTECH SERVICES INC. (OR ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS,
INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE
OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY,
EVEN IF MYTECH SERVICES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR
DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO MYTECH
SERVICES INC.'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS,
AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH MYTECH SERVICES
INC. (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), MYTECH
SERVICES INC.'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS,
ARE COLLECTIVELY RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE
REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS),
WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR
LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
10.7 MYTECH SERVICES INC. RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE
CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH
OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
You agree to defend, indemnify and hold harmless MyTECH Services Inc. from and against
all liabilities, costs and expenses, including reasonable attorney's fees, related
to or arising from: (a) any violation of applicable laws, regulations or this Agreement
by you (or any parties who use your account, with or without your permission, to
access the Service); (b) the use of the Service or the Internet or the placement
or transmission of any message, information, software or other materials on the
Internet by you (or any parties who use your account, with or without your permission,
to access the Service); (c) negligent acts, errors, or omissions by you (or any
parties who use your account, with or without your permission, to access the Service);
(d) injuries to or death of any person and for damages to or loss of any property,
which may in any way arise out of or result from or in connection with this Agreement,
except to the extent that such liabilities arise from the active negligence or willful
misconduct of the other party; or (e) claims for infringement of any intellectual
property rights arising from the use of the Service, Software, or the Internet.
12.1 Notices required under this Agreement by you shall be provided to the MyTECH
Services Inc. Customer Service Department. Notices by MyTECH Services Inc. to you
shall be deemed given: (a) when sent to your registered email address, or (b) when
deposited in the United States mail addressed to you at last-known address or (c)
when hand delivered to your home, as applicable. Notice of changes to this Agreement
and these Terms of Service will be deemed given upon posting to the pages on the
12.2 With regard to electronic communications, you and MyTECH Services Inc. further
agree that: (a) the User ID and/or alias of a sender, contained in an electronic
communication ("email"), is legally sufficient to verify the sender's identity and
the authenticity of the communication; (b) an email sent containing your User ID
and/or alias establishes you as its originator and has the same effect as a document
with your written signature on it; and (c) an email or any computer printout of
it, is a valid proof of the validity of the original content of the electronic communication.
13. GENERAL PROVISIONS
13.1 All obligations of the parties under this Agreement, which, by their nature,
would continue beyond the termination, cancellation or expiration of this Agreement,
including by way of illustration and not limitation, those clauses relating to Software
Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive
such termination, cancellation or expiration.
13.2 MyTECH Services Inc. will not be liable for delays, damages or failures in
performance due to causes beyond its reasonable control, including, but not limited
to, acts of a governmental body, acts of God, acts of third parties, fires, floods,
strikes or other labor-related disputes, of other things we do not control, or an
inability to obtain necessary equipment or services.
13.3 You agree not to assign or otherwise transfer, this Agreement in whole or in
part, including the Software or your rights or obligations under it. Any attempt
to do so shall be void. We may assign all or any part of this Agreement without
notice and you agree to make all subsequent payments as directed.
13.4 You and MyTECH Services Inc. agree that the substantive laws of the State of
Maryland, without reference to its principles of conflicts of laws, will be applied
to govern, construe and enforce all of the rights and duties of the parties arising
from or relating in any way to the subject matter of this Agreement. YOU AND MYTECH
SERVICES INC. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT
LOCATED IN LEXINGTON COUNTY, SOUTH CAROLINA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED
IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO
THE SERVICE. Except as otherwise required by law, including SOUTH CAROLINA laws
relating to consumer transactions, any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred. In any action
or proceeding arising from or relating in any way to the subject matter of this
Agreement you agree that MyTECH Services Inc. shall be entitled to recover its reasonable
attorneys’ fees and costs incurred in connection with said action or proceeding
and in the event that MyTECH Services Inc. prevails.
13.5 Use, duplication or disclosure by any Government entity is subject to restrictions
set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013,
and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is MyTECH
Services Inc. or its licensors and suppliers. The use of Software and documentation
is further restricted in accordance with the terms of this Agreement.
13.6 In the event of a conflict between this Agreement and any applicable tariff,
the tariff shall prevail. We reserve the right to modify the Service to reflect
any change in any applicable tariff or underlying network service or component affecting
13.7 MyTECH Services Inc.'s failure at any time to insist upon strict compliance
with any of the provisions of this Agreement in any instance shall not be construed
to be a waiver of such terms in the future. If any provision of this Agreement is
determined to be invalid, illegal or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired
thereby, and the unenforceable portion shall be construed as nearly as possible
to reflect the original intentions of the parties.
13.8 This Agreement, including all Attachments and all other policies posted on
the Website, which are fully incorporated into this Agreement either by attachment
or by reference, constitutes the entire agreement between you and MyTECH Services
Inc. with respect to the subject matter hereto and supersedes any and all prior
or contemporaneous agreements whether written or oral. Any changes by you to this
Agreement, or any additional or different terms in your purchase orders, acknowledgements
or other documents, written or electronic, are void.