REMOTE COMPUTER SERVICE TERMS OF SERVICE

IMPORTANT NOTICE: These Terms of Service apply only to “remote services,” which means Sparrow’s iTeam performs technology services for you over the telephone at (517) 364-4357 and/or via the Internet.

TERMS AND CONDITIONS

(a) General Services: Sparrow’s iTeam will attempt to diagnosis your technology problem, and then provide you with a technology solution over the telephone or via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control or cannot be resolved in a 2 hour time period starting from the time of your initial call. In such a case, Sparrow’s iTeam will refer you to a 3rd party partner for further assistance and/or necessary purchases.

(b) Remote Support Services: Remote support services may be offered to you over the telephone or via the Internet if your PC was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows XP or newer. If you elect to receive remote support, then Sparrow’s iTeam remotely logs on through your high-speed Internet connection to view your computer desktop from the Sparrow’s iTeam Operations Center. Sparrow’s iTeam stays in contact with you to keep you briefed on the process as we attempt to resolve your technology problem. Remote support may involve the installation of software on your computer that will allow Sparrow’s iTeam to provide the remote support services. By electing to receive remote support, you agree to allow Sparrow’s iTeam to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, in the sole discretion of Sparrow’s iTeam, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer.

(c) Your Responsibility: You understand and agree that prior to contacting or allowing Sparrow’s iTeam to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Sparrow’s iTeam shall not be responsible under any circumstance for any loss or corruption of data and/or software, on your computer.

SERVICE LIMITATIONS; LIABILITY

(a) LIMITATIONS TO SERVICE: SPARROW’S iTEAM RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS DETERMINED BY SPARROW’S iTEAM IN ITS SOLE DISCRETION.

(c) Force Majure: If Sparrow’s iTeam's ability to render remote services is impaired by you or circumstances beyond the control of Sparrow’s iTeam, Sparrow’s iTeam may choose not to provide or to discontinue providing remote services.

(c) Limitation of Liability: To the extent permitted by law, you agree that Sparrow total liability for damages related to its remote services is limited to the total amount you pay for the remote services, and you release Sparrow from liability for any indirect, incidental, special, or consequential damages. SPARROW IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.

Arbitration All disputes arising out of or related to this Agreement shall be resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall be conducted in Ingham County, Michigan. The award rendered by the arbitrator shall be final and binding upon the parties hereto, and the cost of arbitration and attorneys’ fees shall be apportioned as the arbitrator deems appropriate. Judgment thereon may be entered in a court having jurisdiction thereof or having jurisdiction over any of the parties. No party shall have any right to commence or maintain any pursuit or legal proceeding concerning a dispute hereunder until the dispute has been determined in accordance with the arbitration provisions of this paragraph and then only for enforcement of the award rendered in such arbitration.

Entire Agreement. This Agreement is and shall be deemed the complete and final expression of the agreement between the parties as to matters herein contained and relative thereto, and supersedes all previous agreements between the parties pertaining to such matters. It is clearly understood that no promise or representation not contained herein was an inducement to either party or was relied on by either party in entering into this Agreement.

Applicable Law. This Agreement shall be governed by the laws of the State of Michigan, excluding any conflict of laws rules.