General Terms and Conditions of Service – Effective 08/01/12
Please note that these terms may not be the most current version. A current version of the terms is available at geniouswerks.com or upon request. For further information on GeniOus Werks website plans, products, and services go to geniouswerks.com or email info@geniouswerks.com.
In this document: (1) "we," "us," "our," and "GW" mean GeniOus Werks, Inc., as contracting agent on behalf of the applicable GW affiliated entities providing the Products and Services; (2) "you," "your," "customer," and "user" mean an account holder or user with us; (3) "Device" means any television, desktop, cellphone, laptop, mobile broadband device, tablet, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) "Service" means our offers, rate or service plans, options, billing services, applications, programs, products, software, or Devices on your account with us. "Service(s)" also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service ("Ts&Cs").
These Ts&Cs are part of your service agreement with us (the "Agreement") and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, there are several parts of the Agreement, which includes but is not limited to the following: (i) the subscriber agreement and transaction materials that you receive and accept; (ii) the plan(s) that you chose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction, including on-line and telephone transactions (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current written Agreement and transaction materials apply); (iii) any confirmation materials that we may provide to you; and (iv) the terms set forth in the coverage map brochures. It is important that you carefully read all of the terms of the Agreement.
Additional terms will apply when you use certain applications, programs, Devices, and services, and these terms will be provided to you prior to your use of the items. Depending on who provides the items, the terms may come from GW or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. GW is not responsible for these third-party items and associated terms.
Services are subject to our business policies, practices, and procedures ("Policies"). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for the Services; (d) open any package or start any program that says you are accepting the Agreement when doing so; or (e) sign any invoice agreement for services. If you don't want to accept the Agreement, don't do any of these things.
To activate the Service establish an appropriate account balance to pay for pay-per-use charges and applicable subscription charges (defined in the "Types of Charges" section) based on the service plan you select. To establish an account balance, pay a subscription charge, or make any other appropriate payments,pay your GW representative; GW over-the-phone or Online Customer Care; or through GW's website payment portal.
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. If you lose your eligibility for a particular rate plan or if a particular rate plan is no longer supported or available, we may change your rate plan to one for which you qualify. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device or agreed upon service from its manufacturer specifications (for example, opening a blu-ray player or removing bezel from tv); or (h) if we believe the action protects our interests, any customer's interests, or our networks.
Monthly service agreement/subscription service fees will be billed every month on the day the agreement was made (ex. service agreement made on the 12th will be billed every month on the 12th)
Monthly service agreements have a minimum 12 month agreement term
If you have a minimum monthly term your account (forms of payment) will be billed for a minimum of 12 months ad will continue on a month to month basis at the monthly rate until you cancel in accordance with this agreement
To cancel your monthly service agreement and stop the billing of the Monthly Service Agreement Fees by the 30th of the month the Genious Werks Company must receive written notification delivered to the
Genius Werks Co by the 23rd of the month either in person or preferably via certied mail to the Genious Werks company (address to send this letter will be relinquished upon request). Please note it may take up to seven (7) business days for any service agreement or billing changes to take effect. The Service Agreement Fee for work in progress or done are fully earned when received and is non-refundable.
We will not credit or refund any subscription or other charges. We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.
Any equipment provided to complete service unless purchased by client is the sole property of Genious Werks Co. The equipment will remain the property of Genious Werks Co. even after installation, during the duration of any service agreements and thereafter. If at anytime Genious Werks Co would like to retrieve it's equipment (upon cancellation or termination of the client's service agreement) GW can retrieve the equipment. If the equipment is not returned within 24 hours of cancellation, if it's not accessible, if a GW tech is not allowed onsite to retrieve the equipment or if it is received damaged or incomplete GW will charge the full value of the equipment to the service agreement holder/client. If any equipment of the client/service agreement holder has been retained it will be returned to the site it was taken from upon request and can take up to 90 days. Installation, connection and networking or any technical work included with reintegrating the client/service agreement holder's equipment is not included.
Service Agreement
The Genious Werks receipt will need to be presented to the pro for verification prior to any service being performed. Scheduling: If service was not scheduled when deposit was paid to Genious Werks you will be called within one business day (during normal business hours) of your purchase to set up an appointment. At that time, a consultant will review with you your service and any additional requirements.
Customer Responsibilities:
An adult (18 years or older) must be present during the entire installation or repair process. If the pro arrives at the scheduled time and no adult is present, or if the adult leaves prior to the service being completed, the pro will leave and you will be subject to the stated service charges.
You must type in all passwords for security purposes.
Genious Werks is not responsible for lost data — please ensure you have backed up your important data prior to any service.
Customer is responsible for any data migration to a new PC or hard drive. Data transfers are available for an additional fee.
Customer is responsible for the removal of any packing materials or trash.
Technical Service fees are nonrefundable once the service process has begun (any cancellations must be done 72 hours prior to actual service to receive any prorated refund. Failure to do so will result in loss of any payments made towards the service).
Services and Repairs:
Outlined prices do not cover liquid spillage, impact damage, missing parts or any effects of neglect, misuse or abuse.
Service requires a $299 nonrefundable diagnostic fee once service is initiated.
Tasks that Must Be Completed Prior to Install or Repair:
Please back up all vital data files prior to service being performed. Genious Werks is not responsible for lost data.
Any hardware devices, components, peripherals, software or cabling needed for the install must be purchased and supplied by you.
If network connectivity is desired for multiple devices, you must supply device (router, hub, modem or switch) with adequate number of ports to support the required number of devices.
ISP/Internet or home network connection must be activated and working properly prior to any related install.
All equipment being installed must be located in the general area where the install is taking place.
The pro must be given immediate access to the equipment so the service call can begin as scheduled.
Customer must provide adequate environment (power, space, smoke free etc.) for the scheduled service.
Consumer is responsible for providing power cords and surge protectors.
Customer must have available all legally licensed software and media that may be required.
Service Warranty:
Genious Werks warranties its workmanship for a period of 30 days from the service date. This includes issues with the configured installation set up by the pro. Genious Werks is not responsible for issues due to setting changes, new software upgrades, ISP connection issues, relocation, viruses or spyware issues or misuse. Additional trips not covered by the warranty will be subject to charges.
· Tutorial services not included w/warranty or service
· Genious Werks warranty is only valid on virus, spyware, adware removal service if Genious Werks pro verifies proper protection against such threats
System Minimum Requirements for Networking:
Please check to see that your computer meets these minimum system requirements:
· Windows disk or restore disk must be available with key code at the time of installation
· A broadband or cable connection must be active before the installers arrive; satellite delivered broadband is not eligible for this service
· All computers to be networked must be virus free and all devices being connected must be in good working condition
· Internet connection, router and primary PC must be in the same room
· Some PCs have existing conditions that may not allow them to be networked. Any repair or troubleshooting work to get the machine network ready will result in additional charges. On-site service area restrictions may apply. See a store associate to verify if on-site services are available in your area. Internet service must be set up and activated prior to the pro coming to set up the wireless network. Network installation does not include installation of PC or notebook. Other services may be available in your area. For information, email us at info@geniouswerks.com
Please note that these terms may not be the most current version. A current version of the terms is available at geniouswerks.com or upon request. For further information on GeniOus Werks website plans, products, and services go to geniouswerks.com or email info@geniouswerks.com.
In this document: (1) "we," "us," "our," and "GW" mean GeniOus Werks, Inc., as contracting agent on behalf of the applicable GW affiliated entities providing the Products and Services; (2) "you," "your," "customer," and "user" mean an account holder or user with us; (3) "Device" means any television, desktop, cellphone, laptop, mobile broadband device, tablet, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) "Service" means our offers, rate or service plans, options, billing services, applications, programs, products, software, or Devices on your account with us. "Service(s)" also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service ("Ts&Cs").
These Ts&Cs are part of your service agreement with us (the "Agreement") and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, there are several parts of the Agreement, which includes but is not limited to the following: (i) the subscriber agreement and transaction materials that you receive and accept; (ii) the plan(s) that you chose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction, including on-line and telephone transactions (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current written Agreement and transaction materials apply); (iii) any confirmation materials that we may provide to you; and (iv) the terms set forth in the coverage map brochures. It is important that you carefully read all of the terms of the Agreement.
Additional terms will apply when you use certain applications, programs, Devices, and services, and these terms will be provided to you prior to your use of the items. Depending on who provides the items, the terms may come from GW or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. GW is not responsible for these third-party items and associated terms.
Services are subject to our business policies, practices, and procedures ("Policies"). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for the Services; (d) open any package or start any program that says you are accepting the Agreement when doing so; or (e) sign any invoice agreement for services. If you don't want to accept the Agreement, don't do any of these things.
To activate the Service establish an appropriate account balance to pay for pay-per-use charges and applicable subscription charges (defined in the "Types of Charges" section) based on the service plan you select. To establish an account balance, pay a subscription charge, or make any other appropriate payments,pay your GW representative; GW over-the-phone or Online Customer Care; or through GW's website payment portal.
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. If you lose your eligibility for a particular rate plan or if a particular rate plan is no longer supported or available, we may change your rate plan to one for which you qualify. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device or agreed upon service from its manufacturer specifications (for example, opening a blu-ray player or removing bezel from tv); or (h) if we believe the action protects our interests, any customer's interests, or our networks.
Monthly service agreement/subscription service fees will be billed every month on the day the agreement was made (ex. service agreement made on the 12th will be billed every month on the 12th)
Monthly service agreements have a minimum 12 month agreement term
If you have a minimum monthly term your account (forms of payment) will be billed for a minimum of 12 months ad will continue on a month to month basis at the monthly rate until you cancel in accordance with this agreement
To cancel your monthly service agreement and stop the billing of the Monthly Service Agreement Fees by the 30th of the month the Genious Werks Company must receive written notification delivered to the
Genius Werks Co by the 23rd of the month either in person or preferably via certied mail to the Genious Werks company (address to send this letter will be relinquished upon request). Please note it may take up to seven (7) business days for any service agreement or billing changes to take effect. The Service Agreement Fee for work in progress or done are fully earned when received and is non-refundable.
- If your monthly service agreement has a minimum term, and you wish to cancel your membership before the end of the agreed term for any reasons, a $1999 ()buyout fee is required or you can pay the remainder of service agreed upon ()payout.
- If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any service agreement-related obligations, retail transactions, owed equipment fees and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification delivered to the Genius Werks Co in person or preferably via certied mail (address to send this letter will be relinquished upon request) and providing us with a replacement form of payment. You must make payment before relinquishing account authorization. No money can be owed to GW or the request will be voided.
- If your credit or debit card expires, you authorize us to obtain a new expiration date from the card issuer, if we choose to do so, and/or to continue billing the card in accordance with the terms of this agreement (whether or not we have obtained a new expiration date).
- In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods you provide us, and a $45 service fee will be applied for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, but not limited to, insufficient funds, expired or cancelled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectable.
We will not credit or refund any subscription or other charges. We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.
Any equipment provided to complete service unless purchased by client is the sole property of Genious Werks Co. The equipment will remain the property of Genious Werks Co. even after installation, during the duration of any service agreements and thereafter. If at anytime Genious Werks Co would like to retrieve it's equipment (upon cancellation or termination of the client's service agreement) GW can retrieve the equipment. If the equipment is not returned within 24 hours of cancellation, if it's not accessible, if a GW tech is not allowed onsite to retrieve the equipment or if it is received damaged or incomplete GW will charge the full value of the equipment to the service agreement holder/client. If any equipment of the client/service agreement holder has been retained it will be returned to the site it was taken from upon request and can take up to 90 days. Installation, connection and networking or any technical work included with reintegrating the client/service agreement holder's equipment is not included.
Service Agreement
The Genious Werks receipt will need to be presented to the pro for verification prior to any service being performed. Scheduling: If service was not scheduled when deposit was paid to Genious Werks you will be called within one business day (during normal business hours) of your purchase to set up an appointment. At that time, a consultant will review with you your service and any additional requirements.
Customer Responsibilities:
An adult (18 years or older) must be present during the entire installation or repair process. If the pro arrives at the scheduled time and no adult is present, or if the adult leaves prior to the service being completed, the pro will leave and you will be subject to the stated service charges.
You must type in all passwords for security purposes.
Genious Werks is not responsible for lost data — please ensure you have backed up your important data prior to any service.
Customer is responsible for any data migration to a new PC or hard drive. Data transfers are available for an additional fee.
Customer is responsible for the removal of any packing materials or trash.
Technical Service fees are nonrefundable once the service process has begun (any cancellations must be done 72 hours prior to actual service to receive any prorated refund. Failure to do so will result in loss of any payments made towards the service).
Services and Repairs:
Outlined prices do not cover liquid spillage, impact damage, missing parts or any effects of neglect, misuse or abuse.
Service requires a $299 nonrefundable diagnostic fee once service is initiated.
Tasks that Must Be Completed Prior to Install or Repair:
Please back up all vital data files prior to service being performed. Genious Werks is not responsible for lost data.
Any hardware devices, components, peripherals, software or cabling needed for the install must be purchased and supplied by you.
If network connectivity is desired for multiple devices, you must supply device (router, hub, modem or switch) with adequate number of ports to support the required number of devices.
ISP/Internet or home network connection must be activated and working properly prior to any related install.
All equipment being installed must be located in the general area where the install is taking place.
The pro must be given immediate access to the equipment so the service call can begin as scheduled.
Customer must provide adequate environment (power, space, smoke free etc.) for the scheduled service.
Consumer is responsible for providing power cords and surge protectors.
Customer must have available all legally licensed software and media that may be required.
Service Warranty:
Genious Werks warranties its workmanship for a period of 30 days from the service date. This includes issues with the configured installation set up by the pro. Genious Werks is not responsible for issues due to setting changes, new software upgrades, ISP connection issues, relocation, viruses or spyware issues or misuse. Additional trips not covered by the warranty will be subject to charges.
· Tutorial services not included w/warranty or service
· Genious Werks warranty is only valid on virus, spyware, adware removal service if Genious Werks pro verifies proper protection against such threats
System Minimum Requirements for Networking:
Please check to see that your computer meets these minimum system requirements:
· Windows disk or restore disk must be available with key code at the time of installation
· A broadband or cable connection must be active before the installers arrive; satellite delivered broadband is not eligible for this service
· All computers to be networked must be virus free and all devices being connected must be in good working condition
· Internet connection, router and primary PC must be in the same room
· Some PCs have existing conditions that may not allow them to be networked. Any repair or troubleshooting work to get the machine network ready will result in additional charges. On-site service area restrictions may apply. See a store associate to verify if on-site services are available in your area. Internet service must be set up and activated prior to the pro coming to set up the wireless network. Network installation does not include installation of PC or notebook. Other services may be available in your area. For information, email us at info@geniouswerks.com