Terms and Conditions

1. Services Provided

Computer Care provides comprehensive computer monitoring and cybersecurity services designed to protect your systems and data. Our core services include:

• Computer Monitoring: Continuous monitoring of your computer systems to detect anomalies, performance issues, and potential security threats in real-time.
• Cybersecurity Audits: We offer tiered cybersecurity assessment services:
  • Tier 1 Audit: Basic security assessment covering fundamental vulnerabilities and configuration issues
  • Tier 2 Audit: Comprehensive security review including network analysis, vulnerability scanning, and detailed risk assessment
  • Tier 3 Audit: Advanced penetration testing and compliance auditing with in-depth threat modeling and remediation recommendations
• Automated Alert Notifications: Critical security alerts and monitoring notifications delivered via email and SMS to ensure you are immediately informed of important events.
• 24/7 Security Operations Center (SOC) Support: Round-the-clock monitoring and incident response capabilities for enterprise customers.
• Compliance Management Tools: Assistance with meeting regulatory requirements and maintaining security compliance standards.

All services are provided on a subscription basis and accessed through our secure online platform. We reserve the right to modify, enhance, or discontinue any aspect of our Services at any time with reasonable notice to active customers.

2. User Responsibilities

As a Customer of Computer Care, you agree to the following responsibilities:

• Accurate Information: You must provide accurate, current, and complete information during registration and maintain the accuracy of this information throughout your use of our Services.
• System Maintenance: You are responsible for maintaining your computer systems, including installing necessary software agents, ensuring adequate system resources, and maintaining network connectivity required for our monitoring services to function properly.
• Credential Security: You must keep your login credentials secure and confidential. You are responsible for all activities that occur under your account. Notify us immediately if you suspect unauthorized access to your account.
• Legal Compliance: You must comply with all applicable local, state, federal, and international laws and regulations in connection with your use of our Services.
• Authorized Use: You may only monitor systems that you own or have explicit authorization to monitor. Unauthorized monitoring of third-party systems is strictly prohibited.
• Data Backup: While we provide monitoring services, you remain responsible for maintaining appropriate data backups and disaster recovery procedures for your systems.
• Timely Action: You are responsible for reviewing alerts and notifications we send and taking appropriate action to address identified security issues or system problems.

3. Payments and Subscriptions

Computer Care's Services are provided on a subscription basis with the following payment terms:

• Subscription Model: Services are billed on a recurring basis (monthly or annually) based on your selected plan. Current pricing is available on our website at computercares.net.
• Secure Payment Processing: All payments are processed securely through Stripe, our third-party payment processor. We do not store your complete credit card information on our servers.
• Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.
• Payment Information: You are responsible for keeping your payment information current and valid. Update your payment details in your account settings or contact support at williambrown@care4computer.net.
• Failed Payments: If payment fails, we will attempt to charge your payment method again. Services may be suspended if payment is not received within 15 days of the due date.
• Pricing Changes: We reserve the right to modify our pricing with 30 days' advance notice to existing customers. New pricing will apply at your next renewal date.
• Cancellation: You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial subscription periods except as required by law or at our sole discretion.
• Taxes: All fees are exclusive of applicable taxes, duties, and similar governmental charges, which will be added to your invoice as required by law.

4. SMS and Email Alert Notifications

SMS CONSENT AND NOTIFICATION INFORMATION

Computer Care may send service-related alerts and notifications via SMS text messages and email. SMS messaging is optional and requires your affirmative, separate consent. Subscribing to our Services, entering a mobile number, signing in, making a purchase, or accepting cookies does not by itself constitute SMS consent. Please read this section carefully:

SMS Consent and Enrollment

• Separate Affirmative Consent Required: To receive SMS messages, you must provide affirmative, separate consent by checking the SMS consent box on our public enrollment form at computercares.net/sms-consent. The consent box is never pre-checked, and consent is never inferred from number entry, purchase, sign-in, or any other action.
• Public Enrollment Form: The dedicated public SMS consent form is available at computercares.net/sms-consent. No login, subscription, or purchase is required to view or complete it.
• Consent Recording vs. Delivery Activation: Submitting the consent form records your consent for activation. Recording your consent does not enable SMS delivery immediately; SMS delivery is activated separately and only after activation. We do not represent that SMS delivery is currently available or enabled.
• Service Messaging Only: SMS messages are strictly service-related notifications, including account notifications, security alerts, monitoring updates, and service-related support messages. We do not send marketing, promotional, or sales messages via SMS.

Message Frequency, Rates, and Opt-Out

• Message Frequency: The frequency of SMS messages varies based on your account and monitoring activity. You may receive multiple messages during active security incidents or zero messages during periods of normal operation.
• Message and Data Rates: Standard message and data rates may apply from your mobile carrier. Computer Care is not responsible for carrier charges you may incur.
• Opt-Out (STOP): You may opt out of SMS messages at any time by replying STOP to any message. Opting out of SMS may impact your ability to receive critical security notifications in a timely manner.
• Help (HELP): Reply HELP to any SMS message for support information and contact details.
• Support Contact: For questions about SMS notifications, contact support at williambrown@care4computer.net or (502) 888-0453.
• Carrier Liability: Wireless carriers, including but not limited to AT&T, T-Mobile, Verizon, and UScellular, are not liable for delayed or undelivered messages.

Email Alerts and Service Eligibility

• Email Alerts: Email alerts can be configured in your account settings. We recommend maintaining at least one notification method (SMS or email) active to ensure you receive critical security alerts.
• Active Service Requirement: Monitoring alerts and notifications are only sent to customers with active, paid subscriptions. Notifications will cease when your subscription ends or is cancelled. SMS consent alone does not guarantee eligibility for active-service monitoring alerts.
• Delivery Best Effort: While we strive for reliable delivery, SMS and email notifications are provided on a best-effort basis. Delivery may be affected by carrier issues, network problems, spam filters, or other factors beyond our control.

Important: SMS consent is optional and is not a condition of purchase. Recording your consent does not mean SMS delivery is currently approved or active. For questions about notifications, contact support at williambrown@care4computer.net or (502) 888-0453. See also our Privacy Policy and the SMS consent enrollment form.

5. Privacy and Data Protection

Your privacy and data security are of paramount importance to Computer Care. Our practices include:

• Privacy Policy: Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at computercares.net/privacy. Please review our Privacy Policy to understand how we handle your data.
• Data Protection Commitment: We implement industry-standard security measures to protect your data, including encryption at rest and in transit, access controls, and regular security audits.
• No Data Sale: We do not sell, rent, or trade your personal information or monitoring data to third parties for marketing purposes. Your data is used solely to provide and improve our Services.
• GDPR and Compliance: We comply with applicable data protection regulations, including the General Data Protection Regulation (GDPR) for European customers. You have rights to access, rectify, delete, and port your personal data as outlined in our Privacy Policy.
• Data Retention: Monitoring data and alert history are retained for the duration of your active subscription and for 90 days after service termination, unless you request earlier deletion or legal requirements mandate longer retention.
• Third-Party Processors: We use trusted third-party service providers (such as Stripe for payments and cloud infrastructure providers) who process data on our behalf under strict confidentiality and security obligations.

6. Service Availability and Performance

Computer Care strives to provide reliable and continuous service, but certain factors affect availability:

• Best-Effort Basis: Our Services are provided on a best-effort basis. While we maintain robust infrastructure and aim for high uptime, we do not guarantee 100% service availability.
• Scheduled Maintenance: We may perform scheduled maintenance that temporarily affects service availability. We will provide advance notice when possible, typically via email or platform notifications.
• Unplanned Interruptions: Service interruptions may occur due to factors beyond our reasonable control, including but not limited to:
  • Internet service provider outages or network failures
  • Power outages or infrastructure failures
  • Cyberattacks, distributed denial-of-service (DDoS) attacks, or security incidents
  • Natural disasters, severe weather, or other force majeure events
  • Third-party service provider failures or interruptions
  • Hardware failures or software bugs requiring emergency remediation
• No Liability for Interruptions: Computer Care is not responsible or liable for service interruptions, delays, or failures caused by factors beyond our reasonable control.
• Monitoring Limitations: Our monitoring capabilities depend on proper installation of monitoring agents, adequate system resources, and network connectivity. We are not responsible for monitoring failures caused by customer system issues or configuration problems.

7. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

• No Warranties: Our Services are provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• System Failures and Data Loss: Computer Care is not liable for any damages resulting from system failures, data loss, corruption, or unavailability, whether caused by our Services, third-party services, or your own systems.
• Missed Alerts: We are not liable for any consequences arising from missed, delayed, or undelivered alerts or notifications, whether due to technical issues, carrier problems, spam filters, or any other cause.
• Security Breaches: While our Services are designed to help detect and prevent security threats, we do not guarantee that all threats will be detected or prevented. We are not liable for damages resulting from security breaches, cyberattacks, or unauthorized access to your systems.
• Limitation of Damages: To the maximum extent permitted by applicable law, Computer Care's total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount you paid to Computer Care for Services in the 12 months immediately preceding the event giving rise to liability.
• Exclusion of Damages: Computer Care shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:
  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Costs of procurement of substitute services
  • Reputational harm or damage to goodwill
• Essential Purpose: These limitations apply even if Computer Care has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

8. Termination of Services

Either party may terminate the service agreement under the following conditions:

Termination by Computer Care

• Terms Violations: We may immediately suspend or terminate your account and access to Services if you violate these Terms, including but not limited to unauthorized use, illegal activities, or abuse of our systems.
• Non-Payment: Services may be suspended if payment is not received within 15 days of the due date. Accounts with payment issues exceeding 30 days may be terminated, and monitoring data may be deleted.
• Fraudulent Activity: We reserve the right to immediately terminate accounts involved in fraudulent activities, chargebacks, or payment disputes we determine to be illegitimate.
• Resource Abuse: We may terminate accounts that place unreasonable demands on our infrastructure or negatively impact service quality for other customers.

Termination by Customer

• Cancellation Process: You may cancel your subscription at any time by:
  • Accessing the cancellation option in your account dashboard, or
  • Contacting our support team at williambrown@care4computer.net with written notice of cancellation
• Effective Date: Cancellation takes effect at the end of your current billing period. You will continue to have access to Services until that date.
• No Partial Refunds: No refunds or credits will be provided for partial subscription periods or unused portions of your subscription, except as required by applicable law.

Effects of Termination

• Service Access: Upon termination, your access to the Services will cease immediately or at the end of your current billing period, depending on the termination type.
• Data Retention: Your monitoring data, alert history, and account information will be retained for 90 days after termination and then permanently deleted unless:
  • You request earlier deletion by contacting support
  • Legal or regulatory requirements mandate longer retention
  • There are outstanding payment disputes or legal matters
• Data Export: You may request an export of your data before termination. Data exports must be requested at least 7 days before your termination date to ensure timely delivery.
• Outstanding Payments: You remain responsible for any outstanding fees or charges incurred before the termination date.

9. Changes to These Terms

Computer Care reserves the right to modify or update these Terms at any time to reflect changes in our Services, legal requirements, or business practices. Our update process includes:

• Notice of Changes: We will notify you of material changes to these Terms via:
  • Email notification sent to the email address associated with your account at least 30 days before changes take effect
  • Prominent notice displayed on our platform and website
  • Update to the "Last Updated" date at the top of this page
• Review Period: You will have at least 30 days from the date of notification to review the updated Terms before they become effective.
• Acceptance of Changes: Your continued use of our Services after the effective date of updated Terms constitutes your acceptance of and agreement to be bound by the new Terms.
• Right to Terminate: If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect. Cancellation instructions are provided in Section 8 (Termination of Services).
• Minor Updates: We may make minor, non-material changes to these Terms (such as correcting typos or clarifying existing provisions) without advance notice. Such changes will be reflected in the "Last Updated" date.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version will always be available at computercares.net/terms.

10. Contact Information