Consumer Terms & Conditions

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE SERVICES

Latest Version as of June 8, 2023

THE FOLLOWING TERMS AND CONDITIONS ("TERMS") CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ANSWERSBY (REFERRED TO AS SUTHERLAND, A THIRD-PARTY VENDOR HEREAFTER) FOR THE USE OF ANSWERSBY COMPUTER TECH SUPPORT SERVICES. THESE SERVICES CAN BE ACCESSED THROUGH THE ANSWERBY SITES LOCATED AT https://www.acer.com/us-en/support/contact-acer , OR WWW.ANSWERSBY.COM ("SERVICES"). BY USING THESE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PROCEED WITH ACCESSING OR USING THE SERVICES.

SERVICES

• Sutherland offers computer tech support services through the AnswersBy platform. These services are provided to individual users who access and utilize the Services ("You" or "Your").
• By clicking the "I Accept" button or otherwise indicating your consent, or by making payment for the Services, or by using the Services, you agree to these Terms and enter into a legally binding agreement with Sutherland.

INCORPORATION OF POLICIES AND MATERIALS

• The policies and materials specifically referred to in these Terms are incorporated into the Terms by reference.
• It is your responsibility to review and understand the incorporated policies and materials before accepting these Terms and using the Services.

ACCEPTANCE OF TERMS

• By clicking the "I Accept" or "Continue" button, or by pressing number 1 in the payment IVR, by making payment for the Services, or by using the Services, you indicate your acceptance and consent to be bound by these Terms.
• If you do not agree to these Terms, Sutherland (AnswersBy) will be unwilling to provide the Services to you. In such case, you should click the "Cancel" or similar button, or otherwise indicate your refusal and refrain from using the Services.

LEGAL AND ENFORCEABLE CONTRACT

• These Terms constitute a legal and enforceable contract between You and Sutherland for the use of the Services.
• Your use of the Services signifies your agreement to be bound by these Terms.

TERMINATION

• These Terms constitute a legal and enforceable contract between You and Sutherland for the use of the Services.
• Your use of the Services signifies your agreement to be bound by these Terms.

Agreement: By accepting the terms, the user enters into a legal and enforceable contract with AnswersBy/Sutherland, a third-party vendor, for the use of computer tech support services.

Changes to Terms: The terms may be amended by Sutherland, and users will be notified of any changes. Continued use of the service after changes are made indicates acceptance of the revised terms.

Supported Products: The service covers only the software, hardware, and peripherals listed in the product description on the site, subject to change.

Description of Service: The service provides technical support by phone and remote access over the internet. It includes troubleshooting, installation, configuration, networking, and tutorial assistance. It does not cover alpha or beta testing, hardware or software warranty, or equipment repair.

Customer Authorization of Remote Access: Users grant permission for Sutherland to monitor and record the services. Technicians may use remote access to the user's computer and related network during the service session.

Categories of Services: The service is categorized into plans, including specialized plans, incident/issue plans, and monthly subscription unlimited plans.

Payment: Payments for services can only be made via credit or debit card transactions. Users are responsible for providing accurate billing information and updating it promptly.

Refund Policy: Services are generally non-refundable, except in specific circumstances outlined in the terms, such as if the service was not used and a refund is requested within 7 days of purchase.

Guarantee of Results: Sutherland will make reasonable efforts to assist users, but not all problems can be easily resolved. Some issues may require additional steps or involvement from third-party vendors.

Termination of Service

• You may terminate the Service at any time by contacting Sutherland/AnswersBy and requesting cancellation. If you terminate the Service within the early termination period, as specified in the Payment section, an early termination fee may apply. After the early termination period, you will be eligible for services up to the period that has been paid for prior to cancellation.
• Sutherland/AnswersBy reserves the right to terminate or discontinue the Service to any user at any time without prior notice if there is a violation of the Terms or any unauthorized use of the Service. In such cases, no refund will be provided.

Intellectual Property Rights

• You acknowledge that all intellectual property rights in the Services and any related materials are owned by Sutherland/AnswersBy or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your personal, non-commercial purposes. You agree not to modify, distribute, reproduce, sell, or create derivative works based on the Services or any part thereof.

Disclaimer of Warranty

• The Services are provided "as is" and "as available" without any warranty or guarantee of any kind, either express or implied. Sutherland/AnswersBy disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Sutherland/AnswersBy does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

Limitation of Liability

• In no event shall Sutherland/AnswersBy be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, data, or other intangible losses, arising out of or in connection with the use or inability to use the Services, even if Sutherland/AnswersBy has been advised of the possibility of such damages. Sutherland/AnswersBy's total liability to you for any and all claims arising out of or in connection with the Services shall not exceed the amount paid by you for the Services.

Indemnification

• You agree to indemnify, defend, and hold harmless Sutherland/AnswersBy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services or any violation of the Terms.

Governing Law and Jurisdiction

• The Terms and your use of the Services shall be governed by and construed in accordance with the laws of the jurisdiction where Sutherland/AnswersBy is located. Any dispute arising out of or in connection with the Terms or the Services shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

Entire Agreement

• The Terms constitute the entire agreement between you and Sutherland/AnswersBy regarding the Services and supersede all prior agreements and understandings, whether written or oral.
  If you have any questions or concerns about these Terms and Conditions, please contact Sutherland/AnswersBy for clarification before using the Services.

Privacy Policy

• Sutherland/AnswersBy respects your privacy and is committed to protecting your personal information. Our Privacy Policy outlines how we collect, use, and disclose your information when you use our Services. By using the Services, you acknowledge and agree to the terms of our Privacy Policy.

Severability

• If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent.

Waiver

• The failure of Sutherland/AnswersBy to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by an authorized representative of Sutherland/AnswersBy.

Assignment

• You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Sutherland/AnswersBy. Sutherland/AnswersBy may freely assign or transfer these Terms without restriction. These Terms are binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.

Changes to the Terms

• Sutherland/AnswersBy reserves the right to modify or update these Terms at any time without prior notice. Any changes to the Terms will be posted on the Sutherland/AnswersBy website. It is your responsibility to review the Terms periodically for any updates or changes. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.

Contact Information

• If you have any questions, concerns, or feedback regarding these Terms or the Services, you can contact Sutherland/AnswersBy using the following contact information:

- Email: [feedback@AnswersBy.com]

- Phone: [1-877-794-4466]

Please note that the contact information provided above is subject to change and should be verified on the Sutherland/AnswersBy website.
These are revised terms and conditions as on June 8, 2023.