Internet Heroes

Introduction

Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use Internet Heroes services, provided either through www.internetheroes.com or over the phone, over remote computer access over the Internet or VPN or via a on-site visit by one of our Heroes / technicians collectively called, the Service

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box, sign a document or agree verbally to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.

Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)

1. Operator This Service is operated by Internet heroes (a division of netlink blue l.l.c.), a company incorporated under the laws of Dubai - UAE whose principal business address is P.O. Box 504909, Dubai – UAE also referred to in these Terms as "we" and "us".
2. Purpose of the Service Internet Heroes is a computer and technology install, optimise and repair service that provides on-site and off-site support for a range of computers, gadgets and other electronic devices and hand-held devices.
3. Availability Internet Heroes uses reasonable endeavours to ensure that the Service is available. However, there will be occasions when the Service will be interrupted for training, maintenance, upgrades and emergency repairs or due to any reason beyond the control of Internet Heroes. Every reasonable step will be taken by us to minimise such disruption in service where it is within the reasonable control of Internet Heroes You agree that Internet Heroes shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of all your content before accepting any assistance from any Internet Hero technician or staff.
4. Privacy We have a firm commitment to safeguarding your privacy. Please review Internet Heroes’ Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
5. Trademarks All brand, product and service names used in this Service which identify Internet Heroes, its customers, partners or third parties and their products and services are proprietary marks of Internet Heroes, Internet Heroes and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Internet Heroes, Internet Heroes or any third party with respect to any such image, logo or name.
6. Copyright Internet Heroes is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice.
7. Reporting Violations of Your Copyrights If you believe the copyright in your work has been violated through this Service, please contact Internet Heroes’ agent for notice of claims of copyright infringement, who can be reached at copyrightconcerns@internetheroes.com, or at Internet Heroes, attention: Copyright P.O. Box 504909, Dubai - UAE. You must provide our agent with the following information, which Internet Heroes may then forward to the alleged infringer:
   • identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
   • provide your address, telephone number, and email address;
   • provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   • provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
   • provide your physical or electronic signature. Upon receiving your complaint, Internet Heroes may remove content that you believe infringes your copyright. In addition, Internet Heroes may terminate the account of the member who appears to be infringing your intellectual property rights.
8. External Links From time to time Internet Heroes may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Internet Heroes is not liable for any loss or damage that you may suffer by using other websites.
9. Amendment of the Terms We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Internet Heroes for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
10. Applicable Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the Emirate of Dubai. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of courts of the Emirate of Dubai.
11. Disclaimer of Warranty and Limitation of Liability
    • THE SERVICE, INTERNET HEROES’ SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, INTERNET HEROES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
    • YOU UNDERSTAND AND AGREE THAT THE ACCEPTANCE OF ANY SERVICE FROM INTERNET HEROES, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE OR THROUGH ITS TECHNICIAN’s / STAFF IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DATA. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR HARDWARE, INTERNET HEROES SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A SIMILAR COMPONENT / HARDWARE FOR THAT PC AND NOT FOR ANY REPLACMENT OF A PC IN WHOLE.. IN THE EVENT OF ANY MISTAKE BY INTERNET HEROES, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
    • EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, INTERNET HEROES' SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF INTERNET HEROES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Conduct You agree to use the Service under the following terms:
    • Only for lawful purposes;
    • Services: Internet Heroes will attempt to detect the problem and find a solution over the telephone for an applicable fee. There may be cases when diagnosis and support may not be completed due to a problem with your computer or its configuration which is beyond our control.
    • User Responsibility: The User’s responsibilities prior to contacting Internet Heroes will be to back up data, software information or other files stored on your computer disks/drives. It is to be understood that Internet Heroes will not be responsible under any circumstance for any loss or corruption of data/software.
    On-Site Service
    • Scheduling: Standard service hours are Saturday-Thursday, 9 AM – 7 PM. Additional charges are applied for rapid response services or service outside standard installation hours.
    • Service Jurisdiction: Internet Heroes Service Jurisdiction for now is only Dubai. In case service is required in a location which lies beyond Internet Heroes’ standard Service area, additional charges for the trip may apply. Any queries to determine whether your location is within the Internet Heroes standard Service area, please call 04.341.1515 for information pertaining to standard Service areas and applicable trip charges.
    • Adult’s Presence Essential During On-Site Services: During on-site services, a person of at least 18 years of age must be present while services are being provided. If our Hero arrives at the scheduled service time and no adult is present, services may be denied and a cancellation charge will be applied.
    • Backup Your Data And Software: Ensure you back up all software and data that is stored on your computer’s hard disk drive(s) and/or any other storage device you may have prior to the arrival of our Hero to your home or office. Internet Heroes will not be responsible at any time for any loss, alteration or corruption of any software, files or data.
    • Minimum System Requirements (For Wireless Home Networking Only):
      • All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM.
      • Password(s) for operating systems(s) and/or ISP must be available at the time of service.
      • Microsoft Windows 2000 operating system or greater.
      • Operating System disc and Key Code must be available at the time of service.
      • All computers and/or peripherals to be networked must be in good working order and Spyware-free.
      • For all broadband installations, the broadband services must be installed and operational prior to the time of service, including connections to any broadband modem.
    • Access: Our Hero requires complete access to the computer(s) and/or peripheral(s) to be serviced, your approval and cooperation to enter your residence or office, and a safe working environment, working space and electrical power. If our Hero determines on arriving at the scheduled time that he does not fairly have access, cooperation, or safe working environment, then services may be denied and a cancellation charges will be assessed.
    • not to install, load, post, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
    You further agree that you shall not:
    • interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
    • provide any information to Internet Heroes that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
    • resell the Service or any portion of the Service.
13. General These Terms constitute the entire agreement between Internet Heroes and you with respect to your use of the Service. Internet Heroes’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

    TERMS APPLICABLE TO PAY FOR SUPPORT AND ON SITE SERVICES: LIMITATIONS TO SERVICE:

    If the minimum system requirements or Technical needs or other peculiar demands of the customer, that are beyond the scope of this service then Internet Heroes reserves the right to refrain from providing any or all services to the customer, reimbursing the customers payment wholly or in part as decided by us.

    FORCE MAJEURE: If Internet Heroes ability to render services is impaired by you or circumstances beyond the control of Internet Heroes, we may choose not to provide services.

    LIMITATION OF REMEDY: Internet Heroes will not be liable to you under any circumstance for damages, including without limitation, any indirect, incidental, special or consequential damages, expenses costs, lost savings or earnings, lost savings or corrupted data or other liability related to the services provided by Internet Heroes or arising out of installation, de-installation use of, or inability to use your computer equipment, hardware, peripherals or the network resulting from the services provided hereunder.

    RELEASE OF LIABILITY: BY REQUESTING A SERVICE YOU AFFIRMATIVELY RELEASE, INTERNET HEROES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM INTERNET HEROES AND/OR ITS THIRD PARTY SERVICE PROVIDER'S AGENTS, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.

    CHANGES, CANCELLATIONS AND REFUNDS

    For any changes to your order you must contact Internet Heroes Guidance Engineers at 04 341 1515.

    Cancellations of orders can be made if you notify us at least 2hrs prior to the scheduled performance of services. The payment amount will be fully refunded in the manner the purchase was paid.

    In case you are not satisfied with your service: Please call Internet Heroes at 04 341 1515 for resolution. We stand by our Pay for Support services for 5 days. We stand by our On Site Service for 30 days. If there is a problem with the service we provided and you notify us within the stated time period, we will work to solve your problem quickly and with no additional costs.

14. Comments If you have any comments or questions about the Service please contact us by email or phone. Contact us at Customer Service or by telephone at (04) 341.1515 or mail us at support@internetheroes.com. Please note that telephone calls made by you to Internet Heroes may be randomly recorded and monitored for training and quality assurance.

Part B: Additional Provisions Applicable to Registered Members and Customers

In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Service.

1. Registration To purchase from or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
2. Password When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Internet Heroes immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
3. Formation of a Binding Contract No contract will exist between you and Internet Heroes for the supply of any services or products unless and until Internet Heroes accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication. All products purchased from Internet Heroes are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
4. Pricing and Delivery All prices are stated in AED and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, Internet Heroes will contact you to let you know the correct price and ask you whether you still wish Internet Heroes to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
5. Right to Return You may return any item which you have ordered from us for any reason within 30 days of receipt. Please read carefully Internet Heroes’ Return Policy which forms part of these Terms.
6. Responsibility for Your Content You are responsible for all of the content you load, share or copy using the Service. You must have the legal right to use each software on your computer that you load, share or use.
7. Monitoring of Content Internet Heroes does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
8. Suspension and Termination of Access and Membership You agree that Internet Heroes may at any time without notice:
   • refuse to accept your application to become a member;
   • move, change, or suspend any part of the Service; or
   • refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in Internet Heroes’ sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
9. Comments Posted to forum / blog and knowledgebase You understand and agree that Internet Heroes shall not be liable for any access to, use of or disclosure of any information you include in any such comment.
10. Subscription Fee By subscribing to the Premier Membership Services, you agree to pay the subscription fee identified at the time you subscribe. Your subscription will remain in effect from the date on which you subscribe until the end of the subscription period you have selected. Your subscription will renew automatically at the end of the subscription period, unless you cancel it before the end of your current subscription period. (See section 31 for how to cancel.) We reserve the right at any time to change the subscription fee for the Premier Membership Services. In no event will you be charged any new or different fee unless we obtain your prior agreement to pay such fee. If you do not consent to such fee, however, you will no longer receive the Premier Membership Services.
11. Refund Policy Except as described in Section 31 of these Terms, we will not refund any fees paid for subscriptions to the Premier Membership Services. It is your responsibility to determine if the Premier Membership Services meets your needs before you subscribe.
12. Cancellation You may cancel your subscription to the Premier Membership Services at any time. To do so, login to your account and visit the "My Account - Subscription" section. If you do cancel, you will not receive a refund of your subscription fee for the current subscription period (but you will continue to have access to the Premier Service for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe again after the original expiration date of your subscription.
13. Termination of Premier Service We may elect, in our sole discretion, to terminate the Premier Service. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee for the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the Premier Service for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the Premier Service because you have failed to comply with any of these Terms.
14. NOTICE OF COPYRIGHT INFRINGEMENTIf you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
    
    (a) identification of the copyrighted work claimed to have been infringed;
    (b) identification of the allegedly infringing material on the Site that is requested to be removed;
    (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
    (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
    (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
    (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
    
    The notice of infringement on the Site may be sent to info@netlinkblue.com