These terms and conditions (these “Terms” or this “Agreement”) became effective beginning September 30, 2019.
These Terms, together with any other policies or guidelines referenced herein, constitute agreement between you and AT&T Corp., a New York Corporation, with offices at 208 South Akard St., Dallas, Texas 75202 (“AT&T”), regarding your access to and use of AT&T Tech360SM (“Tech360”; previously named, "Tech Support 360") service. including all technical support, advice, servicing and software provided as part of each of the services (collectively or individually, the “Service”). These Terms govern your purchase and use of the Service, whether provided through a telephone agent, via the Internet through the AT&T Tech360 website (https://tech360.att.com/), the AT&T Business website (https://att.com, https://www.att.com/ and https://www.business.att.com/), or by an on-site technician. By registering for or using the Service, you agree to these Terms. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE THAT MAY BE ENFORCED BY THE PARTIES.
Changes to these Terms of Service
Description of Service
Limitations on Use of Service
Limitations on Availability of Service
Use of Independent Contractors to Provide Services
Your Responsibility for Users under your Account; Limitation to Employees
Compliance with Applicable Laws
Business Associate Agreement
Acceptable Use; Compliance with Legal Process
Pricing and Payment
Methods of Payment
Service Options and Pricing
These Terms may be modified by AT&T. AT&T will modify these Terms by posting the modified Terms at this website or at another website that AT&T designates to You. AT&T will make commercially reasonable efforts to notify You when AT&T modifies these terms by placing a notice on the Service Sites. You will use commercially reasonable efforts to review the Service Site or this Site from time to time to remain aware of all provisions in the current Terms. You agree that Your use of the Service after the posted date of any revised Terms constitutes your acceptance of those revised terms.
The goal of the Service is to provide you certain technical support services remotely over the Internet and by phone (“Remote Services”). Tech360 technicians (“Service Technicians”) will make reasonable attempts to assist you with the software, hardware and network troubleshooting, installation, configuration, set-up and other technology matters that are specifically included in the Service for which you register. Where available, the Service also makes available on-site technical assistance for a separate charge.
The Tech360 Service may include remote computing or data storage capabilities, such as computer data storage, remote access to stored data, collaboration capabilities, and related services (collectively, “Backup and Go”). Please note that the term “Backup and Go”, as used in these Terms, covers and includes both (i) the services referred to as AT&T Tech360 Premium PLUS and (ii) the AT&T Tech360 Backup and Go family of services.
The Tech360 service may include use of a mobile application. Use of the mobile application is subject to user acceptance of applicable end-user license term.
AT&T reserves the right to change or modify the specific service offerings included within the Service.
The Service does not include assistance with computer programming or development support. The Service is not a hardware or software warranty or repair service. AT&T will not fix or replace broken equipment as part of the Service.
No Guarantee of Results or Response/Appointment Times
AT&T does not guarantee any results. If our Service Technicians are unable to assist you with a particular request after making a reasonable effort to do so, you will still be responsible for time spent in trying to assist you.
We will make reasonable efforts to respond to a service request within a reasonable time or within the response time described under an applicable Service, whichever occurs first, but we do not guarantee that a response will be provided within a specific time period. Specifically, although we will make reasonable efforts to accommodate your service appointment needs and keep those service appointments, there is no guarantee that we will be able to do so.
You hereby acknowledge and agree that the Service covers only the software, hardware and peripherals specifically listed in the product description for that Service on the Respective Service Site. Please note that the list of supported software, hardware and peripherals associated with that product description, or any other aspect of the Service, is subject to change and may be modified at any time.
Customer Authorization of Remote Access; Customer Cooperation
By registering for the Service, you agree to allow our Service Technicians to use the tools they deem necessary or advisable to perform the Service, including obtaining remote access to your computer and related network and peripherals during your service session.
If our Service Technicians advise you to take such preliminary steps as buying cables or cords, acquiring software, etc., they will create and keep a ticket open for you so that it can be referenced again when you are ready to go to the next step. If you cannot pursue the recommended course of action, our Service Technicians will consider the ticket closed.
The Service cannot be directly or indirectly resold or otherwise made available by you to others and they cannot be made available to anyone outside of your business. Specifically, only you and your employees may access the Service.
The Service is not intended for direct or indirect use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines or other activities in which the failure of the Service to attain a desired result, or to do so within a certain period of time, could lead to death, personal injury or physical or environmental damage.
Through our Service Technicians, we offer a personal service that we believe can be a valuable resource for helping you to address your technical questions and difficulties. In providing that personal service, we require our Service Technicians to be courteous and respectful, and we expect the same of you. We reserve the right to terminate a support session or your account as a result of offensive discourse or behavior.
Minimum system requirements. AT&T reserves the right to refrain from providing any or all requested Services on the basis that minimum system requirements are not met, or if technical conditions or customer requirements are beyond the scope of Services as determined by AT&T or its subcontractors.
Technical limitations. Some customers may not be able to receive the Service if initial testing shows that their computer environment is not suitable for remote access. Further, our Service Technicians may not have access to the necessary proprietary information from vendors, manufacturers and developers necessary to assist with a specific technical matter. Our ability to provide assistance may also be limited by other matters outside of our control, such as software or hardware errors not yet resolved by the applicable hardware or software manufacturer.
Maintenance. We may, at any time, without notice or liability, restrict or suspend the Service in order to perform maintenance activities and to maintain session control.
Minimum system requirements for all AT&T Tech360SM PC and Mac® subscriptions:
A high speed Internet connection. Windows 7, Windows 8, or Windows 10 with a minimum of 1 GB system memory. MAC® OS X 10.11 and above.
Smartphone or Tablet Device Minimum Requirements: iPhone or iPad with iOS version 8.0 or above, Android based tablet or phone with OS 4.1 version or above, or Windows 8+ based tablet support plus limited support for Windows RT.
Peripheral Device Minimum Requirements: In order to receive support on a peripheral device, its system requirements must meet PC or MAC subscription (Advanced, Premium, Small Office, Enterprise, Premium PLUS) Support or One Time Services minimum system requirements. Peripheral devices, i.e., printers, faxes, digital cameras, etc., must be tethered via USB cord to the computer; peripherals do not include tablets or smartphones.
Smart Device Minimum Requirements: In order to receive support on Smart Devices, the customer’s technology environment (e.g., network, computer, mobile device, application) specifications must meet the minimum system requirements of the supported products (devices and control applications). Technicians will use commercially reasonable efforts to support Smart devices, operating systems, and software covered in the scope of work for services that are currently supported by the original manufacturer. Any technology that is no longer supported by the original manufacturer may have limited support.
Refer to the Support page for further details on Smart Device Support.
Minimum system requirements for all Backup and Go subscriptions:
A high speed Internet connection. Windows 7, Windows 8, or Windows 10 with a minimum of 1 GB system memory. MAC OS X 10.11 and above with limited support available for MAC® OS X 10.6 (Snow), MAC® OS X 10.7 (Lion), 10.8 (Mountain Lion), 10.9 (Mavericks), 10.10 (Yosemite). Excludes all server operating systems including Windows Server 2000, 2003, 2008, Linux Enterprise.
AT&T or its affiliates may contract with one or more independent contractors (also referred to herein as “third-party service providers”) to provide some or all of the Service. You acknowledge and consent to the provision of some or all of the Service by one or more independent contractors engaged by AT&T or its affiliates for such purposes. In this Agreement, references to “we”, “our Service Technicians”, the “Service”, and services provided by “us” or “AT&T”, refer both to AT&T and to such independent contractors and their technicians and the services provided by them under such engagements by AT&T or its affiliates.
In connection with the Service, one or more of our third-party service providers may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned or licensed by such third-party service provider, and which may be provided free or for a fee (“Provider Software”). You acknowledge and agree that you may be required to install and download Provider Software pursuant to the terms and conditions of an end user license agreement in order to permit some or all of the Service to be provided to you. Provider Software may be required for all Remote Services.
From time to time, you may be required to download and install updated or replacement Provider Software to keep your Service working properly. AT&T will notify you of all such required updates and replacements, and you agree to perform the required download and installation or have them performed by our Service Technicians. Your failure to download and install Provider Software when required (including any updates and replacements) may result in loss of data or other adverse consequences.
You understand and agree that the Service does not include free upgrades of existing software, operating systems, or applications. Furthermore, use of this Service does not constitute a license to use software, applications or equipment from AT&T. AT&T does not provide any such upgrades or licenses through this Service. However, as part of the Service, you may request our Service Technicians to assist you to, or they may suggest that you, acquire, install and use certain third-party software.
All third-party software, including Provider Software (collectively, “Third-Party Software”), whether or not required to permit some or all of the Service and whether or not suggested by our Service Technicians, 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, regardless of whether our Service Technicians assist you in the acquisition, installation, and/or use of Third-Party Software, because your use of Third-Party Software is governed by the terms of the end user license agreement between you and such owners or licensees.
AT&T grants to You no rights to any Third-Party Software and makes no representation or warranty regarding any Third-Party Software. Furthermore, please remember that it is your responsibility to comply with the terms and conditions under which you licensed such Third-Party Software. AT&T makes no warranty that we are an authorized service provider for any Third-Party Software or for any computer hardware or other equipment; it is your sole responsibility to determine if you require additional rights for us to provide technical support for any Third-Party Software or computer equipment, and if so, to acquire such rights.
Your Responsibility to Preserve and Protect Computer Data, Software, and other Electronic Files
You understand and agree that it is your sole responsibility to back up and protect all data, software, information, and other files stored in any manner on your computer, peripherals, smartphone, or other hardware and devices prior to a service appointment with a Service Technician. If our Service Technicians work with you on any password or other access issues (in connection with support services or Backup and Go), we recommend that you reset such passwords(s) or access feature(s). AT&T and its third-party service providers shall not be responsible at any time for any security, loss, alteration, or corruption of any of your software, systems, data, or files.
You acknowledge 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. AT&T disclaims any guarantee or warranty, and you acknowledge that AT&T does not guarantee or warrant that data, software, or other electronic files that may be provided, suggested, accessed or otherwise available for download in connection with the Service will be free of defects, infection, malware or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties.
Your Responsibility to Obtain Internet and Telephone Connections
You are solely responsible for acquiring and maintaining the Internet and telecommunications services and devices required to access and use the Service. The Service does not include Internet, telephone, wireless, wireline or other connectivity services.
You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts associated with 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 or sub-accounts, with or without your permission. You also agree that only you and employees of your business may use the Service for which you are registered.
Representations by You; Binding Nature of this Agreement on Your Business
You represent that you are and will remain a legal license holder or licensed user of the software on your equipment. You further represent that you are and will be the owner or lessee of any hardware or network devices that you may request our Service Technicians to assist you with in association with the Service.
Any individual who purchases the Service on that individual’s own behalf or on behalf of a business must be an adult of at least 18 years of age, and, if purchasing the Service as a representative on behalf of a business, must be an authorized representative of that business. By agreeing to these terms, you agree that these Terms constitute a valid and binding obligation on the user of the service, whether that is you, or you and the business you represent. All references to “you” and “your” herein shall refer to such business (and any entity that operates that business) as well as you, individually. PLEASE NOTE THAT INDIRECT, ATTEMPTED, OR ACTUAL VIOLATIONS OF THESE TERMS, BY YOU OR ANY OTHER PERSON USING YOUR USERNAME AND PASSWORD SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
All information that you provide in connection with the Service must be accurate, including your name, address, credit or charge card numbers, expiration dates or any other required payment information. You further represent that you are authorized to pay charges using the credit card account or, as applicable, the AT&T wireless or local telephone bill at the billing address that you provide for Service charges.
Use of the Service by You or Your users is also subject to applicable local, state, national and international laws and regulations, including, without limitation, federal and state privacy laws. You agree to comply with such laws and regulations, including without limitation obtaining any user consents that may be required. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer’s and AT&T’s collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer personal data to AT&T when it has the legal authority to do so.
If You or your users use a Service for the transmission or storage of protected health information, as that term is defined in the HIPAA statute as stated in Sec. 45 CFR Parts 160 and 164, by your use, You are agreeing to and accepting the terms of the AT&T Business Associate Agreement found at www.att.com/businessassociateagreement
Use of the Service is subject to AT&T’s Acceptable Use Policy, found at https://www.att.com/legal/terms.aup.html. You agree to abide by the Acceptable Use Policy in connection with the Service. Violations of the Acceptable Use Policy may result in suspension or termination of your ability to use the Service.
AT&T and its third-party service providers may access, use, and disclose transaction information and any content provided by or concerning you to comply with the law (e.g., a lawful subpoena) based on AT&T’s reasonable judgment that disclosure is legally required; to initiate, render, bill, and collect for the Service; to protect AT&T’s rights or property; or to protect users of AT&T’s services, the respective Service Site and other persons or entities from fraudulent, abusive, or unlawful use of the respective Service Site or any aspect of the Service.
Charges for the Service may be billed via a monthly AT&T bill or to a credit card you provide.
The applicable prices for the Tech360 service options are available on the respective Service Site (other than separate pricing for on-site technicians). Service options may include One-Time Services, Service Package Subscriptions, and Smart Minute packages. Backup and Go is only available on a Service Package Subscription basis. From time to time we may offer additional service and pricing options, some of which may be offered on a limited-time or trial basis. If any additional service or pricing options become available, your purchase and use of the applicable services will be governed by these Terms.
Unless otherwise expressly stated on the AT&T Tech360 Site, the price you pay for any service option (other than Smart Minutes, Small Office and Enterprise Service Subscription Packages) applies only to a single computer: PC or Mac®, which you must register when you purchase the Service, one tablet, one smartphone, and to connected peripherals and smart/IoT devices. You may purchase service options for additional computers. Unless otherwise expressly stated on the AT&T Tech360 Site, any Service we provide is offered only in connection with the computer or computers you have registered with us. Support for “peripherals” does not include support for smartphones unless otherwise expressly stated. In the event that we offer service options for smartphones, each service (and related pricing) option applies only to a single, registered smartphone.
AT&T Tech360SM One-Time Services
Tech360 One-Time Service purchased must be used on or before the date that is 12 months from the date of purchase. For one-time services (only), you may request additional service at no charge during the five (5) days after an initial remote service appointment for the same problem addressed during the initial service appointment if it recurs, but no such assistance shall be provided without an additional charge after such five (5) day period.
AT&T Tech360SM PC and Mac® Support and Backup and Go Service Package Subscriptions
Tech360 and/or Backup and Go services or service components are purchased on a subscription basis (“Subscription Plans”) that are registered to specific customer computers. Subscription Plans are available to register an individual computer or multiple computers. Tech360 supports the computer or computers registered for the Subscription Plan (a “Registered Computer” or “Seat”). Each Registered Computer or Seat under a Subscription Plan provides support for a single (1) PC or Mac computer and, additionally, one (1) smartphone and one (1) tablet.
Subscription Plans for individual registered computers may be charged monthly. Certain Subscription Plans for multiple registered computers may require a minimum subscription term of one (1) year. For Subscription Plans that require a minimum one-year term, unless you cancel at the expiration of the one-year term (by providing AT&T prior written notice), the Subscription Plan and the Service will renew automatically on a month-to-month basis. The rates and prices that apply during any month-to-month renewal period will be the rates and prices in effect upon the expiration of your subscription term. AT&T may change such prices, terms or conditions on 30 days’ prior notice to Customer.
Billing for the Service commences when you initially order the Service. Ongoing monthly fees and charges will be charged to the credit card, AT&T account or invoice (or other billing method you agree to) approximately one month in advance. If you terminate a Service Package Subscription that requires a 12-month minimum commitment before the 12-month minimum commitment expires, AT&T may charge you an early termination fee equal to 50% of the monthly recurring rate for the terminated Service Package multiplied by the months remaining in the term. After the 12-month minimum commitment period, billing will continue on a monthly basis until the Service Package Subscription is cancelled.
AT&T Tech360SM Smart Minute Packages
AT&T Tech360SM Smart Minutes are pre-paid minutes allocated in 15-minute increments. For any purchase of Smart Minutes, you will be charged in advance for the full cost of the number of 15-minute increment(s) you purchase, and that full cost will become non-refundable once you have used any of your Smart Minutes. Your Smart Minutes can be used any time during the 365 day period following the date of purchase and expire at the end of such 365-day period. Minutes are used in 15-minute increments with a minimum service appointment length of 15 minutes; any unused portion of a 15-minute increment will expire automatically after a service appointment and will not be carried over.
Additional Future Service Options
We may offer additional or different service options (including pricing options) in the future. If we do, the details of those service options, including their stated pricing, payment and durational terms, will automatically be incorporated into these Terms without the need for any action on your or our part, and those service options will be governed by these Terms. For example, we may offer a pre-paid support service for smartphones.
General Charges and Fees
Charges for the Service may include subscription plan charges, activation fees, hourly charges, Smart Minutes, minimum service fees, no-show fees, failure to cancel fees, early termination fees, set-up fees and other non-recurring charges, and all applicable taxes. Upon request, AT&T can provide you a statement itemizing the services and fees that correspond to the charges billed to your account.
You must notify AT&T in writing if you intend to discontinue the Service or change the credit card or AT&T account to which your Service charges are billed. AT&T is not responsible for any fees or charges that you may incur as a result of charges posted to a closed credit card account or a discontinued credit card account number. Please note that AT&T does not accept debit cards for payment of any charge or fee in connection with the Service.
You agree and authorize AT&T or its agent to charge the credit card, AT&T account or invoice you (or use other billing methods you agree to) for all fees and charges associated with the Service, and you agree to pay the applicable credit card, AT&T account or other billing method charges. You authorize AT&T or its agent to continue charging your credit card (or any replacement credit card if the original card is renewed, lost, stolen or changed for any reason by the credit-issuing entity, and AT&T is informed by such entity or you of a replacement account), AT&T account or other billing method for all fees and charges associated with your use of the Service.
AT&T reserves the right to decline to accept a credit card or AT&T wireless or local telephone account or other AT&T account you have provided, and may either request a different credit card (or different AT&T account) for billing, or decline to complete your order. Service to you may be denied, suspended or discontinued without notice at any time if your credit card, wireless or local phone account, or other AT&T account is suspended, put on hold, or becomes inactive, or if the date on your credit card expires and you have not provided us with updated information for an active account prior to such expiration, or if your credit card provider denies or discontinues providing payment to us, or if you otherwise fail to make payment to us when due.
AT&T may, at any time, with advance notice by email or other means of communication, change the amount of or basis for determining any fee or charge or institute new fees or charges for the Service. If fees are charged on an hourly basis, any estimate given to you of the required service time is an estimate only and not a cap on the fees that will be actually incurred. All fees and charges are payable in accordance with pricing and billing terms in effect at the time the fee or charge becomes payable. All amounts are stated and payable in U.S. Dollars.
If any portion of your bill is not paid by the due date, AT&T 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 one and one half percent (1.5%) per month or the highest rate permitted by law. In the event AT&T 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 attorneys’ fees. AT&T reserves the right to charge service fees and other charges to a customer’s credit card or phone account, as applicable, up to eight (8) weeks after the end of the calendar month in which the corresponding service was concluded or the corresponding charge was incurred.
Additional Terms Related to AT&T Tech360SM Backup and Go
The following terms apply if you subscribe for Backup and Go:
Your Computer Files
Treatment of Files upon Termination
Fair Use Policy
Backup and Go enables you to back up your computer files from a single personal computer (excluding files from external and/or network storage drives attached to or mapped to the computer) on our Backup and Go servers, to access or revise your files from a web-enabled mobile telephone or web browser, and to share your files with other Backup and Go users. All such files, as originally uploaded or as subsequently revised, and all other computer files that may otherwise become associated with your account (other than another subscriber’s Files to which you are granted access or collaboration privileges), are referred to herein as your “Files”. Please note that only a single copy of your Files will be maintained and accessible using the Backup and Go Service. Please also note that a subscriber who grants you access or collaboration privileges to such subscriber’s Files shall retain control over such Files, including the ability to specify or change the subscribers that have access or collaboration privileges with respect to such Files at any given point in time.
You represent and warrant that you have all necessary rights to all Files you upload to AT&T servers. You grant AT&T and its third-party service providers a limited, perpetual, royalty-free, worldwide license to use, copy, display, and modify the format of such Files for the sole purpose of providing to you the Service for which you have registered. You continue to retain all ownership rights in any Files you provide; AT&T does not claim any ownership rights in any of your Files.
You are solely responsible for your use of Backup and Go, and all Files that you upload, post, email, transmit, or otherwise disseminate using the Backup and Go Service. You are solely responsible for obtaining any person’s consent as necessary to store or access any Files that contain personal information concerning such person.
All file transfers between your computer and the Backup and Go server are performed using an encrypted transport connection and all data on our servers are also encrypted upon storage for additional protection. However, AT&T and its third-party service providers do not guarantee the security of the Files against loss or disclosure.
If you have designated a person (whether by email, by registering such person with AT&T, by granting such person access to your username and password, or in any other fashion) to have access to your Files, you hereby authorize AT&T to give such designated person access to your Files, including without limitation in the event of your death or incapacity
AT&T reserves the right, in its sole discretion, to make changes to the Backup and Go servers, including upgrading, replacing or relocating. To facilitate such changes, you may be required to download and install new software and re-initiate backup from your computer(s) to the new, upgraded or relocated servers, or take some other action. AT&T will notify you and provide instructions if any action is required of you. YOUR FAILURE TO FULLY COMPLY WITH SUCH INSTRUCTIONS IS AT YOUR SOLE RISK AND MAY RESULT IN LOSS OF YOUR DATA OR OTHER ADVERSE CONSEQUENCES.
If a subscription is terminated upon its expiration or upon notice from you, your account is current, and you are not in violation of these Terms, AT&T will make reasonable efforts (but shall not be obligated to) retain your Files for a short period of time after termination, during which time a copy of such Files may be forwarded to you in exchange for an administrative fee. Please remember, though, that AT&T and its third-party service providers shall have no obligation to maintain any data stored in your account after termination or to forward any data after termination to you or any other person or entity.
Pursuant to 17 U.S.C. §§ 512(b)–(d), a copyright holder may send AT&T a valid notification of claimed copyright infringement under the DMCA. For further information regarding such notifications, see https://www.att.com/legal/terms.dmca.html. AT&T’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
Due to the substantial volume of notifications of claimed infringement that AT&T receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or email address other than notifications of claimed infringement sent pursuant to Sections 512(b)–(d).
AT&T also provides transitory digital network communications services, pursuant to 17 U.S.C. § 512(a). In connection with such services, AT&T provides an online form that copyright holders should use to send notifications related to alleged copyright infringement by its users based on the standards of the Automated Copyright Notice System (ANCS). Copyright holders should use this online form to submit complaints related to alleged peer-to-peer file sharing (i.e. sharing media files via peer-to-peer networking technology), or other forms of copyright notice other than those sent pursuant to Sections 512(b)–(d) of the DMCA (“ISP Conduit Notices”). By submitting complaints using this online form, we are able to more efficiently manage and process ISP Conduit Notices. Copyright holders can access AT&T’s online form at att.com/p2pnotices. Please note that copyright holders must complete all fields in the online form before submitting.
AT&T or its service provider reserve the right to delete any Files posted, stored, or transmitted, if it is believed that such Files contain infringing material. Moreover, AT&T will terminate the Backup and Go account of any subscriber that is determined under AT&T’s policies or practices to be a repeat infringer.
Backup and Go is primarily designed to serve the needs of individual consumers and small businesses, and a Backup and Go subscription is intended for use by a single personal computer (excluding external and/or network storage drives), and you must purchase additional subscriptions if you wish to utilize your Backup and Go account for additional personal computers. If AT&T or its third party service provider determines that data from external and/or network storage drives are being backed up, our backup and go software may also automatically discontinue such backup of data from the external and/or network storage drives and purge such backed up data from our servers. Also, if your actual usage of Backup and Go is not consistent with the intended use, as determined by AT&T, AT&T may terminate your account on thirty (30) calendar days notice, in which case, in AT&T’s discretion, AT&T may refund, on a prorated basis, any unearned fees you have paid for the Backup and Go service.
Term and Termination
Effective Date and Term
This Agreement is effective upon your registering for the Service and continues, subject to the terms, until (a) the completion of the one-time service you have purchased, (b) usage or expiration of all Smart Minutes you have purchased, (c) termination of your PC/Mac® Tech360 Service Package subscription, (d) termination of your Backup and Go subscription or (e) termination by either party as expressly permitted by this Agreement. You may terminate a Service Package (including a Backup and Go subscription) or Smart Minutes package by writing to AT&T Tech360 Billing Department, Cross Point, 900 Chelmsford Street, Lowell, MA | 01851, or calling one of our representatives at 888.855.2338 (the “Notice Methods”).
Termination of Service Package
If you terminate a Service Package with a term commitment, you may be charged an early termination fee equal to 50% of the monthly recurring rate for the terminated Service Package multiplied by the months remaining in the term. If service to you is discontinued as set forth in the section entitled ”Account Billing”, such circumstance shall be deemed your termination of the Service Package and the early termination fee may apply. If your Service Package term has expired and your Service Package has become a month-to-month subscription, or your Service Package is a month-to-month subscription, you may terminate that subscription by providing us with 30 days prior notice using one of the Notice Methods, with such termination to take effect at the next end of the billing cycle after 30 days have elapsed from the date we receive your notice. You understand and agree that any software that you acquire and install as part of a Service Package subscription plan may cease to operate, update or function properly after termination of the subscription plan, and that your rights to use such software pursuant to the applicable end user license agreement may cease or become limited after such termination.
Termination of Smart Minutes
You may terminate a fully unused Smart Minute package at any time for a full refund. However, if you use any portion of a 15-increment of a Smart Minute package, you will not be able to terminate or receive a refund of any other Smart Minute increments purchased at the time you purchased that used increment.
Termination of One-Time Services
You may terminate your order for one-time services up to two (2) hours before the scheduled appointment time.
Termination or Suspension by AT&T
AT&T may in its discretion terminate or suspend your Service without notice if: (a) AT&T believes that you have breached any of the terms or conditions (including, but not limited to, representations, warranties and fair and acceptable use provisions) of this Agreement or any license for Provider Software or Third-Party Software; (b) AT&T believes your use of the Service may be prohibited by law or may be disruptive to or adversely impact the Service, AT&T’s or its affiliates or third-party service providers’ networks, or their use and enjoyment by other users; (c) AT&T or its third-party service providers become involved in any dispute concerning control of your Service account, or AT&T or its third-party service providers receive an order from a court or government agency to terminate your Service; (d) AT&T for any reason ceases to offer the Service generally, or to offer the Service in your geographic area; (e) AT&T believes that you are abusing the Service or using the Service excessively; or (f) there is reason to believe that you or someone using your account has been accessing or attempting to access restricted information or files to which you or someone using your account does not have legitimate access.
Disclaimer of Warranties
YOUR PURCHASE AND USE OF THE SERVICE—WHICH INCLUDES THE MONITORING, MAINTEANANCE, MANAGEMENT, SUPPORT, ADVICE, SERVICING AND SOFTWARE PROVIDED BY OUR SERVICE TECHNICIANS OR AUTOMATED TOOLS, ALONG WITH THE SITE—IS AT YOUR OWN RISK.
AT&T MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS; (ii) YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE FREE OF DEFECTS, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED; OR (v) ANY RESPONSE TIMES OR APPOINTMENT TIMES WILL BE MET BY AT&T OR ITS SERVICE PROVIDERS.
AT&T DOES NOT WARRANT THAT THE SITE, SERVICES OR ANY SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE SITE, SERVICES, OR THE SERVERS USED BY THE SITE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AT&T IS NOT RESPONSIBLE FOR THOSE COSTS.
NO ADVICE, STATEMENT, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SERVICE TECHNICIAN OR OTHERWISE IN CONNECTION WITH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCEPT AS MAY OTHERWISE BE SPECIFICALLY PROVIDED IN THESE TERMS, ALL ASPECTS OF THE SERVICE ARE MADE AVAILABLE AND PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TRANSMISSIONS WILL BE ERROR-FREE OR WITHOUT INTERRUPTION, OR ANY GAURANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMERS DATA AND CONFIDENTIAL INFORMATION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR SAVINGS, DOWNTIME, CORRUPTION OR REPLACEMENT OF PROGRAMS AND DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES), EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING OUT OF OR RELATING TO (A) THE USE OF THE SERVICE; (B) NEGLIGENT PERFORMANCE OF SERVICE , (C) THE CONTENT ON THE SITE; (D) WEB SITES LINKED TO THE SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN; (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE SERVICE OR INFORMATION WITHIN OR CONTENT OF, THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICE; AND/OR (F) THE INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO INABILITY TO ACCESS THE SITE AND CONTENT CONTAINED THEREIN, IN THE CASE OF EACH OF THE FOREGOING CLAUSES (A) THROUGH (F), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT OR TORT, PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF AT&T OR ITS AFFILIATES, AND THEIR THIRD-PARTY SERVICE PROVIDERS.
OUR TOTAL LIABILITY, IF ANY, ARISING OUT OR RELATED TO ANY ASPECT OF THE SERVICE, SHALL BE, AT AT&T’S SOLE DISCRETION AND OPTION, TO (A) REPERFORM THE SERVICE, OR (B) REFUND THE CHARGES AND FEES PAID BY YOU, IF ANY, FOR THE SERVICE GIVING RISE TO A CLAIM, IF ANY. SUCH REMEDY IS EXCLUSIVE, AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AT&T OR ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY MORE THAN WHAT YOU PAID FOR THE SERVICE.
All limitations, disclaimers and rights stated anywhere in these Terms for the benefit of AT&T also apply to AT&T’s affiliates and their respective directors, officers, employees and agents, as third-party beneficiaries of this Agreement. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this section will survive failure of any exclusive remedies provided in this Agreement.
LAWS IN SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION TITLED “LIMITATION OF LIABILITY” AND THE PRIOR SECTION TITLED “DISCLAIMER OF WARRANTIES” AND THE SECTIONS BELOW TITLED “APPLICATION OF THESE TERMS TO THIRD-PARTY SERVICE PROVIDERS, ETC.” AND “INDEMNIFICATION” WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Application of Terms to Third-Party Service Providers, Etc.
All limitations, disclaimers and rights stated anywhere in these Terms for the benefit of AT&T also apply to AT&T’s and its affiliates’ third-party service providers, licensors and other direct and indirect third-party service providers as third-party beneficiaries of this Agreement, without prejudice to any limitations, disclaimers and rights stated in any license or other agreement entered into between you and such third parties in connection with your use of the Service.
Intellectual Property Rights
AT&T and its third-party service providers shall retain all title, ownership rights, and intellectual property rights in and to the Services. The Services are protected by patent, copyright and other intellectual property laws. You agree not to take any action to jeopardize, limit, or interfere in any manner with AT&T’s (or its third-party service providers’) ownership of or rights with respect to the Services. Except for the rights specifically granted to you in the Terms, all rights in and to the Services are reserved, and no implied licenses are granted by AT&T.
If our ability to render the Service is impaired by circumstances (including without limitation strikes or labor actions) beyond the reasonable control of AT&T or its affiliates, or their direct or indirect suppliers or third-party service providers, we may choose not to provide some or all of the Service.
YOU AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND RELEASE AT&T, ITS PARENT, AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, (1) THE SERVICE, (2) CONTROL OVER AND USE OF YOUR ACCOUNT BY ANY PARTICULAR INDIVIDUAL(S), (3) ANY BREACH OF THESE TERMS OR THE TERMS OF ANY LICENSE AGREEMENT, (4) THE STORAGE OR PROCESSING OF YOUR FILES, (5) RESPONSES TO LITIGATION HOLD REQUESTS AND GOVERNMENT PROCESS CONCERNING YOUR FILES, AND (5) ANY CLAIM OF MISAPPROPRIATION OR INFRINGEMENT OF A THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, IN THE CASE OF EACH OF THE FOREGOING CLAUSES (1) THROUGH (6) INCLUDING WITHOUT LIMITATION LOSSES, LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT) OF AT&T OR ITS AFFILIATES, AND THEIR LICENSORS, DIRECT AND INDIRECT SUPPLIERS, AND THIRD-PARTY SERVICE PROVIDERS.
You acknowledge that services and software (including, but not limited to, technical assistance) provided in connection with the Service may be subject to import, export, or data transfer laws, conventions or regulations, and any use or transfer of the software, personal data, or technical information must be in compliance with all such laws, conventions and regulations. You will not use the Service to distribute, transfer, or transmit any software, personal data, or technical information except in compliance with such laws, conventions and regulations. None of the Provider Software or any underlying information or technology included in the Service may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Choice of Law; Jurisdiction
These Terms and the relationship between you and AT&T will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Service must be brought exclusively in the state or federal courts located in Dallas County, Texas, unless a Texas mandatory venue statute applies to the dispute, in which case the Texas county of mandatory venue shall be the exclusive jurisdiction for such dispute.
- AT&T and you agree to exercise best efforts to resolve all disputes and claims between us through good faith negotiation. AT&T and you further agree that any such dispute or claim that cannot be resolved by negotiations shall be resolved by binding arbitration administered by the American Arbitration Association (‘‘AAA’’) under its Commercial Arbitration Rules in effect at the time the dispute is submitted for resolution (the ‘‘Rules’’), as may be modified by this Agreement. This agreement to arbitrate is intended to be broadly interpreted.
- Judgment on the award rendered by the arbitrator(s) may be entered in any court having proper jurisdiction. Such arbitration shall be held in the State in which the Services are billed. In the event you are billed by AT&T for Services in of multiple states, such arbitration shall be held in State in which of your primary business. Within twenty (20) days of the issuance of a written notice to arbitrate by one party to the other, as provided by the Rules, the parties shall jointly select one (1) independent arbitrator licensed to practice law. If we cannot jointly agree on an arbitrator within the specified 20-day period, then the selection shall promptly be made by the AAA in accordance with the Rules and the criteria set forth above.
- The Federal Arbitration Act, 9 U.S.C. §1, et seq., governs the interpretation and enforcement of this provision.
- In no event shall the arbitrator have the authority to make any award that is in excess of, or contrary to, what this Agreement provides. Notwithstanding the foregoing, either party may bring an individual action small claims court.
- The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; furthermore, unless you and AT&T agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If this specific provision is found to be unenforceable, then the arbitration provision shall be null and void.
- YOU AGREE THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND AT&T ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. AT&T AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms, and any other policies or guidelines referenced herein, constitute the entire agreement between AT&T and you in connection with the Service. These Terms supersede any prior or contemporaneous written or oral communications, proposals, representations and agreements between you and AT&T with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, your account with respect to the Service, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred (unless such limitation is contrary to the public policy of a particular state, in which case the applicable limitations period shall be the shortest limitation period permissible under that state’s law). The failure of AT&T to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If you violate any of these Terms, AT&T may in its sole discretion terminate or suspend your access and use of the Service immediately without notice. You agree that AT&T shall not be liable to you or any third-party for any termination of your access to the Service. AT&T may, but you may not, assign rights or obligations under the contract embodied by these Terms.
©2019 AT&T Intellectual Property. All rights reserved. Trademarks (including but not limited to AT&T and Globe logo) and service marks used herein and in the descriptions of the services are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AT&T.