This Time Warner Cable Tech Support Services Addendum (“Addendum”) governs the Time Warner Cable Business Class Tech Support Services (“Tech Support Services”) and constitutes an amendment to the Time Warner Cable Business Class Services Agreement Terms and Conditions applicable to Customer (“Terms and Conditions”). Capitalized words used, but not defined, in this Addendum have the meanings given to them in the Terms and Conditions. A copy of the current version of the Terms and Conditions is available on the TWC web site, http://business.twc.com/legal.
1. Scope of Tech Support Services
You must be a Time Warner Cable Business Class Data Service subscriber to use the Tech Support Services. Tech Support Services are offered on a subscription basis, and certain services also are available individually on a one-time basis. The subscription-based Tech Support Services, referred to as “Tech Support Essentials”, are subject to the additional terms and conditions set forth in Section 2, below, and the one-time Tech Support Services are subject to the additional terms and conditions set forth in Section 3, below.
2. Tech Support Essential
(a) Services Generally. Tech Support Essentials is comprised of the following services: (i) remote IT support (as described in Section 2(c) below), (ii) anti-virus protection, and (iii) online data backup. The service includes the following software: EasySupport remote access software, McAfee Anti-Virus, and Business Class Online Backup (“Support Software”). Tech Support Essentials is provided on a per-Seat basis, where a “Seat” is defined as a single Customer computer (a “Computer”) and covered peripheral devices. Customer may not use the Tech Support Essentials service or the Support Software for or on any other computers or devices. Customer will be charged the monthly Service Charge set forth on the Service Order for each Seat.
(b) Per-Seat Minimum Service Term. The term of service for each Seat for which Tech Support Essentials service is ordered (the “Minimum Service Term”) shall be the term selected by Customer on the Service Order, which shall not be less than one (1) year.
(c) Covered Hardware; Scope of Services; Service Limitations. Tech Support Service is only available with respect to the following Computers and peripherals (“Covered Hardware”):
Windows XP, Windows Visa, or Windows 7, with at least 512MB of RAM.
Tablets and smartphones that meet the following OS requirements: Android OS 2.0 and above, Apple iOS 4.0 and above, or Blackberry OS 5.0 above.
Tech Support Essentials remote IT support includes installation and set-up of the Support Software, issue diagnosis and resolution, Microsoft Office Suite technical support, technical support for other commonly-used business software (provided that it has not been materially customized or otherwise altered), virus/malware/spyware clean-up, and printer and scanner set-up. Tech Support Services do not include any training or instruction regarding the use of the Covered Hardware or any other hardware or software. Problems with Covered Hardware or software that cannot be resolved remotely after TWC’s reasonable commercial efforts are outside the scope of the Tech Support Services. Customer may use the Tech Support Services only on Computers in the United States.
(d) Support Software. Customer acknowledges and agrees that use of all Support Software and any other third party software provided with or made available through the Tech Support Services is subject to the license agreements and associated privacy notices provided or made available to Customer by TWC or a third party or that may appear or be referenced when Customer accesses or downloads the software or which is otherwise provided to Customer in writing.
(e) Data Backup. Data backup includes only Customer’s data stored on the single Computer associated with the Seat. Installed software is not backed up. During initial installation of the Support Software, Customer may select which locations on the Computer will be included in the remote backup. Unless Customer changes the default setting, no other data will be included in the backup. New data stored in the specified locations will be backed up during the next scheduled periodic backup. Upon the expiration or termination of the Service Term for a Seat, Customer will have no access to the Seat’s stored backup data, regardless of whether Customer transitions to a different TWC data back-up offering. It is therefore Customer’s responsibility to ensure that Customer has a copy of all needed data prior to the expiration or termination of the Service Term.
(f) Authorization to Access Customer’s Computer. Customer hereby authorizes TWC or a Third Party Service provider to access, control, gather system data from, and make changes to, each Computer for the purposes of diagnosis, service and repair in connection with the Tech Support Services, and to download and use software to and on each Computer (and, in doing so, accept any necessary license agreements on Customer’s behalf) in connection with such services. TWC (or the Third Party Service Provider) will not access, use or disclose any Customer data stored on a remotely-accessed Computer except to the extent necessary to perform the Services.
(g) Recording and Monitoring of the Services. TWC and its Third Party Service provider may, but shall have no obligation to, monitor and record the Tech Support Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. TWC may use or disclose any recorded information as necessary or appropriate to satisfy any law, regulation or other governmental request, to provide the Tech Support Services to customers, to protect TWC and its customers, and to enhance the types of services TWC may provide in the future.
(h) Customer Responsibilities. Customer shall provide TWC or TWC’s Third Party Service provider with all access necessary for TWC to install and configure the Support Software. Customer shall cooperate with TWC and its Third Party Service provider, including by promptly responding to requests for information and promptly complying with requests to take actions to resolve problems. Customer shall not remove, disable, or modify any Support Software; provided, however, that Customer may replace McAfee Anti-Virus with any of the following, TWC-approved anti-virus software products: Norton, AVG, CA, Panda, Trend Micro, F-Secure, Webroot, Avira, Kaspersky, Avast! or Microsoft Security Essentials. Customer shall be responsible for ensuring that McAfee Anti-Virus or other approved anti-virus software is installed and up-to-date on all Computers. Customer shall at all times be responsible for any problems with Covered Hardware caused by, or which might have been prevented but for, Customer’s failure to comply with its obligations.
(i) Registration, Passwords and Security. Customer is responsible for maintaining the confidentiality of any password or account information Customer receives from TWC, and is responsible for all activities that occur using that password or other account information. Customer must notify TWC immediately upon learning of any unauthorized disclosure or use of Customer’s password or other account information. TWC has no liability for any unauthorized use of the Tech Support Services under Customer’s account or on a Computer.
3. One-Time Tech Support Services
(a) General Terms. Customers purchasing Tech Support Services on a one-time basis will receive only the specific one-time service selected by Customer, and such services are available only with respect to Covered Hardware (as defined in Section 2(c), above). Customer’s use of one-time Tech Support Services is subject to the terms of this Section 3, as well as the terms set forth in Sections 2(c) and 2(d), and Sections 2(f) through 2(i), above, as and to the extent applicable. Certain services may require the installation and use of EasySupport remote access software.
(b) Service Fee. Customer will be charged the applicable service fee after the one-time Tech Support Service is completed. In the event that the service is not completed, the service fee will not apply, unless the failure to complete the service is due in whole or in part to Customer’s failure to meet its obligations under Section 2(h) above (Customer Responsibilities). If TWC determines that, despite its reasonable commercial efforts, it is unable to satisfactorily provide the requested service, TWC will have no further obligation to continue to attempt to provide the service and no service fee will apply.
(c) Available Services. The Tech Support Services that are available on a one-time basis are listed athttp://www.timewarnercable.com/en/business-home/services/internet/dedicated-internet-access/options/tech-support-suite-.html, along with additional terms and conditions that apply to each Service.
4. Modifications to the Tech Support Services
TWC may modify or discontinue any or all aspects of the Tech Support Services (including the hours of availability) by changing the on-line version of this Addendum. Use by Customer or its End Users of Tech Support Services after any change(s) in this Addendum shall constitute acceptance of such change(s), and Customer shall be bound by this Addendum as so revised.
In the event of a conflict between the terms of this Addendum and the Terms and Conditions, the terms of this Addendum shall control but only with respect to the Tech Support Services.