We welcome you to Premium Support for Sony’s VAIO PC Powered by Sutherland as an End User. This Agreement and its applicable attachments or supplemental documents (collectively, the “Agreement”) are the complete agreement between you and Premium Support for Sony’s VAIO PC, its agents, subcontractors and suppliers, regarding your use of Services (defined below) and replaces any prior oral or written communications or agreements between you and Premium Support for Sony’s VAIO PC. Any additional or different terms in any order or written communications from you are void.
Premium Support for Sony’s VAIO PC will confirm receipt of your order and will accept your order and provide service only if you (1) accept the terms of this Premium Support for Sony’s VAIO PC Service Agreement, (2) the Service is available; and (3) pay for the Service.
You accept the terms of this Agreement by accepting provision of the Service, by accepting these terms and completing your transaction when ordering online, via telephone, via chat, or when ordering by any other means, according to the acceptance procedures for the applicable Service.
Premium Support for Sony’s VAIO PC Services provides support and assistance to United States and Canada customers (“Customers”) covering Sony personal computers, tablets and smartphones (“System(s)”) questions, issues and third party hardware or application software products based on the description of the service(s) that you purchase (“Service(s)”). Premium Support for Sony’s VAIO PC will provide access to one or more support specialists (“Service Agent(s)”) for the performance of the specific type of Service you purchase (see “Single Service Incident” and “Subscriptions” below). Support will be provided via telephone, chat, and/or remote session during the following “Hours of Operation”:
Monday – Friday: 8:00 AM EST – 12:00 AM Eastern Time
Saturday – Sunday: 9:00 AM EST – 8:00 PM Eastern Time
Each Single Service Incident or Subscription is separate and independent from any other that you may purchase. Premium Support for Sony’s VAIO PC may use third party applications over the course of troubleshooting to perform Services.
If you purchased a Single Service Incident, the Service matter will be closed once Premium Support for Sony’s VAIO PC has taken reasonable efforts to complete the Service. You will have three (3) days from the date that we close the Single Service Incident to contact Premium Support for Sony’s VAIO PC for additional assistance on the Single Service Incident that you purchase before we provide final closure of the Service Incident. Premium Support for Sony’s VAIO PC warrants the Service for seven (7) days from the final closure of the Service Incident. Please note that your purchase of Single Service Incident shall expire ninety (90) days from the date of your purchase.
If you purchased a Subscription, you may request Services as set forth in the Subscription. Premium Support for Sony’s VAIO PC warrants the Service for seven (7) days from the expiration or termination of the Subscription time period. All personal computer hardware and software products covered and prerequisite requirements for these Services are specified in the Service Descriptions. Under this Agreement, Premium Support for Sony’s VAIO PC will provide Service based on the description of the service that you ordered for products contained in the Service Descriptions appropriate to the Service you purchased. Premium Support for Sony’s VAIO PC may, at any time, modify the scope of any of the Services provided, or delete products from or add products to the Service Descriptions list with or without prior notice.
Premium Support for Sony’s VAIO PC will use commercially reasonable efforts to assist you in receiving the specific Service you have purchased. However, not all problems can be diagnosed or corrected easily, and some may require you to return your product to its original state, reload the operating system, application software, reload your personal settings and data, or work with a third party hardware or software vendor to resolve the problem (at your own cost and expense).
Single Service Incident Support
A single issue per purchase related to a specific device such as PC/Laptop/Mac, Tablet, Smartphone, Printer, Wireless Network Router and connecting devices
One-Year Whole Home Subscription Plan
Unlimited contacts, 12 months from date of purchase (*subject to Fair Use Policy) for support relating to devices used by family members within your household) of up to (4) PC’s/Laptops/Macs, (4) tablet and (4) Smartphone, Printer, Wireless Network Router and connecting devices
For the aforementioned Single Service Incident and Subscriptions, Premium Support for Sony’s VAIO PC Services include the following support:
You agree to: 1) follow the procedures and fulfill the requirements that Premium Support for Sony’s VAIO PC provides are necessary for performance of the Service(s), including paying for your ordered Services; 2) work with the Service Agent performing the routines they specify; 3) backup your computer hard disk drive and/or other storage devices you may have before your session with the Services Agent begins; 4) be solely responsible and liable for any loss, alteration or corruption of your data, software or files; 5) ensure your computer meets all requirements and specifications required for each hardware or software application installed; 6) provide the Service Agent with required passwords and key codes; 7) ensure that you have all legal rights, including copyrights for all software and other files on your computer; 8) assume responsibility for problem resolution due to third party hardware and software compatibility issues; and 9) indemnify, defend and hold harmless Premium Support for Sony’s VAIO PC and its agents, subcontractors and suppliers, from and against any and all liabilities, damages, claims or proceedings arising out of your failure to comply with Your Responsibilities.
Single Service Incident Service is purchased with a single payment transaction.
Subscriptions may be purchased under the monthly pay plan, whereby the first monthly payment must be paid upon initial purchase and remaining monthly payments must be on automatic payment utilizing your credit card on file. Subscriptions on the Monthly Pay plan are subject to the Early Termination Fee set forth in Item 5.
You must provide current, complete, accurate and updated information for your account, and if you have a Subscription, throughout the term of your Subscription. You must promptly notify and update Premium Support for Sony’s VAIO PC if your credit card is canceled (for example, if you change your credit card due to loss or theft). Changes to your information can be made by calling Premium Support for Sony’s VAIO PC toll-free number 1-888-476-6972 which is provided to you at point of purchase of your Service.
You may terminate your Subscription at any time by contacting Premium Support for Sony’s VAIO PC team at 1-888-476-6972 and paying the Early Termination Fee (if applicable). Subject to the terms herein, Premium Support for Sony’s VAIO PC reserves the right to refuse or discontinue participation to you at any time in its sole discretion.
Payments for service may be made only via credit or debit card transactions. You agree to pay as specified by Premium Support for Sony’s VAIO PC the amount of the Service you choose, including any applicable sales, use or similar taxes, fees or duties (unless you supply exemption documentation), and any late payment fees, if applicable. No other discounts, quantity entitlements, or promotions apply unless expressly specified for the transaction.
If a Service is quoted at an incorrect price due to typographical error or error in pricing information: 1) Premium Support for Sony’s VAIO PC has the right to refuse or cancel any orders placed for the Service quoted at the incorrect price, even if Premium Support for Sony’s VAIO PC has confirmed the receipt of your order and charged your credit or debit card: and 2) if Premium Support for Sony’s VAIO PC has charged your credit or debit card but subsequently canceled your order, Premium Support for Sony’s VAIO PC will promptly issue a credit to your credit or debit card account for the amount charged.
In the event that you paid the full the annual fee for your Subscription in one payment and wish to terminate the Subscription prior to its expiration date, Premium Support for Sony’s VAIO PC will refund the a percentage of your Subscription purchase price that you paid based on the following formula:
In the event that you are paying the annual fee for your Subscription on a monthly payment plan and wish to terminate the Subscription prior to its expiration date, Premium Support for Sony’s VAIO PC will permit the early termination of your Subscription based on the following formula (“Early Termination Fee” or “ETF”). You agree to pay the minimum Early Termination Fee for the Services that you have received:
Refund can be provided only within ninety (90) days of the purchase date for Single Incident Services in the event of non-use (No Service Incidents utilized) based on the following reasons. You:
(i) purchased the incorrect Service and you want to exchange one Service for another;
(ii) purchased a Service but did not utilize it (within ninety (90) days from purchase)
(iii) were advised by Premium Support for Sony’s VAIO PC that the issue could not be resolved;
(iv) purchased a Service that is not (or no longer) available; OR
(v) erroneously purchased two or more of the same Service at the same time.
Your right to use the Services is not transferable. You may not use the Services in connection with any sharing arrangement, on behalf of any third-party or with respect to any device not owned by you or software program not installed on devices owned by you or family members as indicated in Service Descriptions.
In the course of providing the Services, Premium Support for Sony’s VAIO PC may determine that the issue is beyond the scope of the Services. You acknowledge that Premium Support for Sony’s VAIO PC may not be able solve your particular problem. Premium Support for Sony’s VAIO PC does not guarantee or warrant and you acknowledge that (i) not all spyware, malware or virus can be successfully removed, and (ii) such removal or removal attempts may impact the performance of other software programs on the your product’s system.
To protect Premium Support for Sony’s VAIO PC against extreme cases of abuse, Premium Support for Sony’s VAIO PC reserves its right to cancel your subscription at any time and at its sole discretion. See Item 5 for details regarding our Refund Policy.
PREMIUM SUPPORT FOR SONY’S VAIO PC, ITS AGENTS, SUBCONTRACTORS AND/OR SUPPLIERS, EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT PREMIUM SUPPORT FOR SONY’S VAIO PC, INCLUDING ITS AGENTS, SUBCONTRACTORS AND/OR SUPPLIERS, SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, FOR ANY LOSS OF REVENUE, PROFIT, DATA, USE OF MONEY, USE OF TIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, FORESEEN, FORESEEABLE, UNFORESEEABLE, OR OTHERWISE, ARISING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, TO THE EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO ALL CLAIMS OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM SERVICE AVAILABILITY, YOUR ACCESS AND USE OF THIRD PARTY SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATING TO THE SERVICE(S) PROVIDED HEREIN. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PREMIUM SUPPORT FOR SONY’S VAIO PC OR ITS AGENTS, SUBCONTRACTORS AND/OR SUPPLIES FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE FEES PAID BY YOU IN THE SIX (6) MONTHS DIRECTLY PRECEDING THE PROPER SERVICE OF A CLAIM. NO PARTY UNDER THIS AGREEMENT SHALL HAVE ANY LIABILITY TO ANOTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
The parties agree that under this Agreement: 1), all information exchanged is non-confidential. If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement; and 2) any information disclosed or provided to Premium Support for Sony’s VAIO PC, over the telephone or electronically is not End User proprietary information.
Premium Support for Sony’s VAIO PC and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, location, and e-mail addresses, to process and fulfill your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, we may use this information to inquire about your satisfaction with our products or services or provide you with information about other products and services and, if we do so, you may at any time decline to receive any further such communications from us. In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. This Agreement shall be construed under the laws of the state of Delaware (United States), without regard to conflict of laws principles. If any provision of this Agreement is deemed unenforceable or void, the remaining provisions will continue to be in effect.