Terms of Service

“ElginNetwork.com” is a website  and represents Elgin Network as a brand belonging to Elgin Network LLC.

Definition of terms used in this document

“Service” or “services” refers to the technical assistance, and/or the process of providing technical assistance and any IT services, that Elgin Network offers and any options therein.

“Caller” is any individual or individuals who willingly contact a representative of Elgin Network. Methods of contact include, but are not limited to, telephone, email, and internet chat. Communication of a Elgin Network representative with a “caller” does not imply that any services have been rendered.

“Customer” is any individual or individuals who willingly choose to utilize one or more services offered by Elgin Network.

“Customer” also describes any individual or individuals utilizing one or more services offered by Elgin Network, but who has a “caller” contact Elgin Network to represent them.

“Utilization” or “utilize” is the action of a caller willingly receiving one or more of the services offered by Elgin Network.

“Technology” refers to any desktop computer, portable computer (laptop), tablet or smartphone. Desktop computers typically have a monitor (screen), mouse and keyboard attached to them. Laptops are all inclusive and can also be referred to as a “computer”. Tablets and smartphones are typically mobile devices with a touchscreen running a specific mobile operating system such as, but not limited to, iOS and Android. The term also refers to devices including but not limited to, networking equipment such as routers both wireless and non-wireless, consumer electronics such as televisions, blu-ray players, and video streaming devices.

“Computer peripherals” or “peripherals” are any device that attaches to a computer. Examples include, but are not limited to, printers, scanners, speakers, microphones, cameras, and external storage devices (external hard drives, tape drives, USB drives, etc.).

“Software” is any program that can be placed, installed, and/or used on a computer, mobile phone or tablet device.

Acceptance of policy

Upon utilization of one or more of the services offered by Elgin Network, the customer automatically accepts all the terms and policies detailed in this document. The caller bears the right to reject one or more of the terms and policies described in this document. If a caller rejects the terms and policies described in this document, Elgin Network reserves the right to refuse service to that caller.

Modification of terms and policies

Elgin Network bears the right to modify any information in this document at any time. Elgin Network is not obligated to provide prior warning, or post notification, to any individual or individuals of modifications to this document.

Types of services available

All options refer to Elgin Network home or consumer service options, as well as Elgin Network business service options.

“Yearly Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing yearly charge (recurring payment) for continued support for one or more technology devices or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Elgin Network as many times as needed as long as the plan remains active. This option is billed for 1 year at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Elgin Network will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Software” – a customer pays an upfront fee for cleanup, anti-virus and/or anti-spyware software, followed by an ongoing yearly charge (recurring payment) for continued software updates. This service is billed ongoing for 1 year at a time and will automatically recur unless a cancellation of services is initiated. Elgin Network may utilize 3rd party software and services to provide the software. Support is handled exclusively by Elgin Network representatives.

Fees/Payment

The amount that the customer is going to be charged relies upon which service option or options they choose to utilize.

When a customer agrees to utilize one or more Elgin Network services, it is the customer’s obligation to provide payment prior to the service being initiated. The customer bears the right to refuse payment for the services, but Elgin Network then bears the right to refuse service to that individual or individuals.

Credit Card & Debit Card Use

Elgin Network accepts all cards that have either a Visa, MasterCard, American Express or Discover card logo on them.

Any customer providing credit card or debit card information over the phone must be at least 18 years of age. If the customer does not have a credit card or debit card, the individual of whose credit card or debit card they will use must be present at the time of the call. Otherwise, Elgin Network bears the right to refuse service to the caller.

If any or all of the customer’s credit/debit cards fail authorization, Elgin Network bears the right to refuse services to that customer.

Elgin Network may utilize “AVS”, or “Address Verification Service”, in addition to the standard credit/debit card approval methods. This supplies an additional layer of security. Customers may be denied service based on the failure of the AVS check.

Elgin Network may securely store credit/debit card data for billing purposes. This information is typically stored on a 3rd party secure payment gateway and Elgin Network does not have access to any complete card numbers.

Elgin Network maintains the highest level of security compliance and is verified “PCI DSS Compliant“.

Technologies Supported

Elgin Network supports computers, computer related devices, mobile phones (such as smartphones), tablets, software, and most consumer electronics. Computer-related devices typically are referred to as “peripherals” as mentioned above. But support expands to “any technology that assists a computer or other technology device in performing one or more functions”. This includes, but is not limited to, support for issues such as viruses and malware, routers and modems, and assistance with software packages such as Antivirus or Cleanup & Repair softwares. As new technology arises, it is left to the discretion of Elgin Network if any other technologies will be added to the scope of support. Elgin Network reserves the right to decline service for any issue, device, product or item for any reason at our discretion.

Responsibilities of Elgin Network

It is the responsibility of Elgin Network to provide customers with competent and timely solutions to their technology problem(s). Elgin Network representatives strive to provide excellent service. If the technician cannot resolve the issue via a remote connection, the technician is required to instruct the customer as to what needs to be done to resolve the issue.

The customer should be aware that while Elgin Networks technicians are expected to perform exceptionally and timely, certain circumstances and the nature of issues can cause resolution times to vary. Elgin Network does not guarantee resolution times and time of resolution is not a factor impacting our money back guarantee.

Elgin Network has partnered with a third-party firm to provide onsite support when a situation is not able to be resolved over the phone or remotely. Elgin Network is not responsible for any services rendered by the third party. Billing may be handled directly through the third party and Elgin Network is not responsible for billing errors including overages, refunds, etc. when billed by the third party firm. Elgin Network removes itself from all liability associated with using this third party service. Onsite services are included in some Elgin Network Unlimited Support plans and they are always separate billable services.

Elgin Network services are in no way a warranty. Replacement of items such as hardware, components and accessories are not covered.

Elgin Network is not responsible for obtaining, or paying for, any software, including, but not limited to, operating systems, software applications, and drivers.

Customer’s Responsibility

The customer is expected to provide the sales agent, support technician or any other Elgin Networkrepresentative, with any information requested to the best of the customer’s ability and knowledge. Withholding important information for the purpose of invoking the money back guarantee is prohibited.

The customer is expected to understand basic instructions that the technician provides to them over the phone (moving the mouse, mouse clicking, locating power buttons on devices, etc.).

The customer is also responsible for seeing the support process through to its completion.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Elgin Network and its employees from and against any claims, damages, liabilities, costs, fines, penalties and expenses (including attorney and other professional fees and costs) arising out of or relating to (a) Customer use or misuse of any Software and/or Services; (b) Customer violation of the Elgin Network Terms of Service; (c) Customer violation of any rights of a third party; or (d) any other negligent or intentional misconduct by Customer. Elgin Network retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customers is required to cooperate in asserting any available defenses.

Outside of Services Scope & Excessive Usage

Elgin Network reserves the right to limit or cancel home support plans if they are being used for any business purposes. 

Additionally, Elgin Network reserves the right to limit or cancel home support plans of customers who have excessive usage. Excessive usage of services is defined as customers who have utilized services for at least 90-days and are in the top 3% of average customer usage during that period. With either situation, Elgin Network would provide a pro-rated refund based on remaining time left on any plan, if applicable.

Custom Designed Software

Elgin Network may use custom designed software and scripts to assist in resolving an issue, reporting data system information, or automating a task. Such software may be manufactured by Elgin Network or manufactured by a Third-party (see section titled “Third-party Software”). To the best knowledge of Elgin Network, the software is fully licensed and breaks no laws when it is used on a customer’s device.

Elgin Network is not responsible for the unlikely scenario of such software causing damage to your device’s hardware or software. How the technician proceeds if this occurs is at the discretion of the support technician, supervisor, and/or manager.

Elgin Network may accept End User License Agreements on your behalf – for any Elgin Network designed software.

Third-party Software

Oftentimes, Elgin Network will use “third-party software” to assist in resolving an issue. “Third-party software” is software that is not manufactured by Elgin Network. Examples of this software are virus and malware removal tools. To the best knowledge of Elgin Network, the software is fully licensed and breaks no laws when it is used on a customer’s device.

Elgin Network is not responsible for the unlikely scenario of third-party software causing damage to your device’s hardware or software. How the technician proceeds if this occurs is at the discretion of the support technician, supervisor, and/or manager.

Elgin Network may accept End User License Agreements on your behalf – for third party software.

Remote Assistance

Elgin Network uses third-party remote assistance software to help resolve most customer issues. Remote assistance software allows the technician to remotely control a customer’s device to expedite the steps needed to resolve the issue.

This software is fully licensed and breaks no laws when it is used on a customer’s device.

The software installs a small piece of software on the customer’s device. While the software is typically harmless, Elgin Network bears no responsibility for unforeseen negative effects that the software has on the customer’s device.

A functioning internet connection is required on the device in which the technician intends to take remote control of. The lack of internet connectivity or a slow internet connection can make remote assistance impossible. In this scenario, the customer will need to follow the technician’s instructions to restore the device’s internet connection for the purpose of eventual remote control.

The customer bears the right to refuse a remote connection to their device. But the customer must then understand that without remote assistance, resolution of the issue will take longer and require more customer interaction.

Elgin Network also bears the right to refuse service, at its sole discretion, if a customer chooses to refuse a remote assistance connection.

Data Backup and Data Loss

Elgin Network will make their “best effort” to salvage and secure any important data on a customer’s device or notify the customer of a situation where data may be lost. However, Elgin Network is not responsible for notifying the customer of potential data loss, backing up data, the loss of any data or the failure/inability to retrieve previously backed up data by any other method. Unforeseen issues may occur and Elgin Network is not responsible for these situations during the course of our troubleshooting and support process. It is the customer’s responsibility to ensure that their data is properly backed up before engaging in any support or troubleshooting with Elgin Network.

 

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