The following terms and conditions (hereinafter collectively referred to as the “TERMS”) constitute a legal and binding agreement between Twin Oaks Technology and Financial Services , 104 B Broadway Street, Martin, TN 38237 (hereinafter referred to as “Twin Oaks”) and the user (hereinafter also referred to as the “USER”) of the services (hereinafter collectively referred to as “SERVICES”) initiated by the same USER either on the TWIN OAKS website (hereinafter referred to as the “SITE”) or through the TWIN OAKS call-center (hereinafter referred to as the “PHONE”).
The policy and material specifically referred to in the TERMS are incorporated into the TERMS by reference.
By initiating the service either on TWIN OAKS SITE or PHONE, you are deemed to have expressly accepted and consented to be bound by the TERMS.
1.1. Service Descriptions: Subject to the TERMS, TWIN OAKS shall provide the following service:
1.1.a. Malware removal: TWIN OAKS diagnoses client PC to determine if is infected by malware (such as, but not limited to: rootkit viruses, Trojans, junk software, viruses, adware/PUPS, junk toolbars / extensions, spyware and browser hijackers) and cleans the infected computer to the best of our abilities.
1.1.b. Computer Tune-Up: TWIN OAKS diagnoses PC in order to improve performance, removes spyware, adware, and PUPS (potential unwanted software), commonly known as junk software.
1.1.c. Protection Review: TWIN OAKS reviews anti-virus, anti-malware, ad-blocking, and configuration, in order to recommend best practices to protect computer from all types of malware.
1.2. Minimum Requirements: To receive the SERVICES, requires both a reliable high speed internet connection (cable, DSL, fiber, or a provider with at least 5mbps down) and the following minimum system requirements:
1.2.a. Windows Vista or newer—1GB RAM – administrators password;
1.2.b. Mac OS is not supported under any circumstances;
1.2.c. Working mouse and keyboard;
1.3. One Time Delivery: The SERVICES shall be provided on a one-time basis. Accordingly, SERVICES purchased will address a single issue or problem and include follow-up resolution upon request within 90 business days on the same issue or problem.
1.4. Service Delivery Times: Before the SERVICES are rendered, TWIN OAKS provides a mere and approximate estimate of SERVICE delivery times, based on the scenario for each USER, who expressly acknowledge the following:
1.4.a. TWIN OAKS does not promise, guarantee, or warranty any time frame for any of the SERVICES provided;
1.4.b. Many factors (such as, without limitation, internet connection speed, computer performance, etc.) may extend the estimated SERVICES delivery times.
1.5. Geographic and Language Limits: SERVICES are only available in the territory of United States of America and are provided in English only. TWIN OAKS does not offer any translation service. TWIN OAKS may refuse service under language-communication problems (IE: strong accents, rude comments, or for any other reason.)
2.1. Payment for Services: The fees due for the SERVICES will be charged – online or by PHONE – directly using credit card of the USER, who agrees to pay the charges applicable to the selected SERVICES, as well as any applicable taxes. To such purposes, USER expressly agrees to the following:
2.1.a. Refunds: Before or in course of providing the SERVICES, TWIN OAKS may determine, at its own discretion, that the issues are beyond the scope or the ability of the SERVICES (such as, without limitation, in case of damaged computers, etc.). To such purpose, TWIN OAKS may use commercially reasonable efforts to refer the USER to the appropriate alternative resources, provided that TWIN OAKS has not the obligation to transfer the USER directly to such resources. In such case, TWIN OAKS will refund the cost of the SERVICES.
3.1. Limitation of Liability: In no event TWIN OAKS will be liable or responsible, under any circumstance at any time, to USER and/or any third party for:
3.1.a. any loss or corruption of data or software stored on USER’s computer and/or storage media, hardware (including, without limitations, hard drives, memory modules, or external USB devices, etc.), use of systems(s) or networks arising out of the SERVICES;
3.1.b. Any act or omission, including negligence, by TWIN OAKS and/or its employees, affiliates or representatives; furthermore, USER expressly acknowledges and agrees that TWIN OAKS does not provide data backup or restoration services;
3.1.c. Any special, consequential, indirect or similar damages, including any lost profits arising out of the provision of SERVICES, even if TWIN OAKS has been advised of the possibility of such damages. Notwithstanding the preceding, in no case shall TWIN OAKS’s liability exceed the price paid for the SERVICES.
4.1. USER expressly agrees that he is a legal license holder of the software on his personal computer and his use of the SERVICES is solely at his own risk. By receiving the SERVICES, USER agrees and confirms that:
4.1.a. Has full access to his hardware and software that are the basis of the problem;
4.1.b. Has completed a backup onto separate media of any software or data on the hardware that may be impacted by the SERVICES;
4.1.c. All information provided to TWIN OAKS must be accurate, including name and address, any credit or charge card numbers, expiration dates or any other payment information provided to TWIN OAKS;
4.1.d Authorizes TWIN OAKS to bill the credit card provided to TWIN OAKS, for any charges to which the same USER consents.
5.1. When USER requests the SERVICES, the following information will be collected and sent from USER’s personal computer to TWIN OAKS via an internet connection:
5.1.a. Information provided to TWIN OAKS’s employee or representative over the PHONE or entered into the SITE.
5.1.b. The type and version of operating system.
5.2. During the SERVICES session, the following information may be collected from the USER’s computer and sent to TWIN OAKS via secured connection:
5.2.a. System information (i.e., operating system, directory listing, installed programs, active processes information, registry data, and occasionally data files.
5.2.b. The number of files scanned, threats found and the type thereof, threats fixed, and threats remaining that have not been fixed;
5.2.c. Whether a firewall or antivirus software are installed, running, and up to date;
5.3. The information as set out above are collected by TWIN OAKS at the sole purpose of delivering the SERVICES (including analyzing, diagnosing, and resolving the problem experienced by USER), optimizing the functionality thereof. Such information may be disclosed by TWIN OAKS only if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process.
USER acknowledges that TWIN OAKS has the right to refuse, suspend or terminate any of the SERVICES in its sole discretion. Furthermore, the TERMS shall terminate immediately upon any USER breach of any term contained herein. The disclaimers of warranties and damages, and limitations on liability set forth in the TERMS shall survive termination.
All intellectual property rights and any information relating to the SERVICES including, without limitation, all patents, inventions, studies, know-how, design rights (whether registered or not), as well as trademarks, brand names, and logos associated or displayed with the SERVICES or within the SITE, are exclusive property of TWIN OAKS or its licensors or suppliers.
These TERMS will be governed by the laws of the State of Tennessee (U.S.A.). USER agrees that any dispute, claim or controversy arising out the execution of this TERMS shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. In particular, by agreeing to the TERMS, USER agrees that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and waives the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the TERMS. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (whose rules and forms are available online at www.adr.org). The arbitrator is bound by the TERMS and may award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
9.1. Recommendations: USER acknowledges that TWIN OAKS may recommend software for monetary gain, such as, but not limited to, anti-virus, backup software, malware-protection, and others.
9.2. No Implied Waiver: Any tolerance or silence by TWIN OAKS, even if on a continuous and reiterated basis, in relation to any breach or default by the USER of any provision of this agreement, as well as any acceptance of payments by the TWIN OAKS, shall not be considered as a consent by the latter to such breaches and defaults and shall not affect the validity of the clause breached by USER nor shall be construed as a waiver to any of the rights pertaining to TWIN OAKS pursuant to this TERMS and/or to the applicable law.
9.3. Entirety: TERMS are the entire agreement between USER and TWIN OAKS relating to the SERVICES and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter, and prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.