Terms Of Service | Compute Guru Inc

Refund Policy

At Compute Guru Inc, we are committed to delivering top-notch service and support to our valued customers. However, we understand that circumstances may arise where a refund is necessary. Please review our refund policy carefully to understand the conditions under which refunds are granted.

Refund Eligibility:

Unresolved Issues: You may be eligible for a refund if we are unable to resolve the problem you initially contacted us for.
Issue Recurrence: If the issue resurfaces within 30 days following the provision of our service or solution, you may qualify for a refund. We acknowledge the frustration of recurring issues and request the opportunity to troubleshoot further. If, despite diligent efforts, the issue remains unresolved, we will initiate the refund process accordingly.

Refund Process:

Initiating a Request: To request a refund, please contact our customer support team at it@computeguru.com or by calling 1-845-202-1187. Kindly provide relevant details about your original issue and any subsequent recurrence.
Assessment: Our team will review your refund request and evaluate its eligibility based on our refund policy criteria.
Approval and Processing: If your request aligns with our policy conditions, we will proceed with processing the refund using the original payment method. Please allow up to 10 business days for the refund to reflect in your account.

Exceptions:

Service Duration: Refunds will not be provided for services fully rendered or utilized beyond the specified duration.
Service Quality: Refunds will not be granted if the issue arises from factors beyond our control, such as changes made by the customer or third-party interference.

By engaging with Compute Guru Inc's services, you agree to abide by the following terms and conditions:

Acceptance of Terms: You acknowledge and accept these terms as binding upon engaging with our services.
Service Limitations: While we endeavor to provide the best service possible, Compute Guru Inc cannot guarantee the resolution of all issues due to the inherent complexities of technology.
Customer Responsibilities: Customers are responsible for providing accurate information and cooperating with our support team to diagnose and resolve issues effectively.
Intellectual Property: All intellectual property rights associated with Compute Guru Inc's services remain the property of Compute Guru Inc.

In the event of any dispute, claim, or controversy arising from or relating to this agreement, including its breach, termination, enforcement, interpretation, or validity, the parties agree to first attempt to resolve such matters through mediation. The mediation shall be conducted in accordance with the laws of the State of New York. The initial mediation period shall last for 90 days from the date of the first mediation session. If the parties determine that progress is being made towards resolution, they may, by mutual consent, extend the mediation period in increments agreed upon by both parties, to further facilitate an amicable resolution. If the dispute is not resolved through mediation within the initial or extended period, the parties agree to proceed to arbitration

. The arbitration shall be conducted by a single arbitrator mutually agreed upon by both parties. If no agreement can be reached, the arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

The parties agree that the arbitration proceedings shall be held in a mutually agreed-upon location within the State of New York, which may include but is not limited to Upstate New York. The decision rendered by the arbitrator shall be final and binding upon both parties and may be enforced in any court of competent jurisdiction.

By agreeing to this arbitration and mediation clause, the parties waive their right to pursue claims in court, including the right to a jury trial. The arbitration shall be conducted confidentially, and the arbitrator's award shall be limited to remedies available in law or equity. Each party shall bear their own costs and expenses associated with the mediation and arbitration, including attorney's fees, unless otherwise awarded by the arbitrator.

This arbitration and mediation clause is intended to provide a fair, efficient, and cost-effective means of resolving disputes between the parties and shall survive the termination of this agreement.

Limitation of Liability

In any arbitration arising from or related to this agreement, the parties agree that the remedies available shall be limited as follows:

Direct Damages: The total liability of either party for any claim under this agreement shall not exceed the greater of (i) the total fees paid by the customer to Compute Guru Inc. under this agreement during the twelve (12) months preceding the claim.
Exclusion of Consequential and Indirect Damages: In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, business opportunities, or goodwill, even if the party has been advised of the possibility of such damages.

These limitations shall apply (i) to the fullest extent permitted by law, and (ii) regardless of the failure of the essential purpose of any limited remedy. However, these limitations do not apply to any indemnification obligations under this agreement or liabilities that cannot legally be limited or excluded by contract.

Customer Acknowledgment: Each party acknowledges that these limitations are an integral part of the bargain between the parties and a fundamental basis of this agreement. Compute Guru Inc., as a small business, relies on these limitations to manage its potential liability exposure and provide cost-effective IT consulting services.

Data Security:

We prioritize the security of your data and implement rigorous measures to safeguard it. However, while Compute Guru Inc takes significant measures to ensure data security, we cannot guarantee absolute immunity from data breaches, losses, or unauthorized access. Therefore, Compute Guru Inc shall not be held liable for any loss, compromise, or unauthorized access to data, whether due to external cyber threats, technological limitations, human error, software vulnerabilities, hardware failure, physical issues, or other unforeseen circumstances beyond our reasonable control. This encompasses issues with servers, cloud infrastructure, databases, networks, mobile devices, IoT devices, backup systems, and any other components or technologies involved in the storage, processing, or transmission of data.

Furthermore,

We do not warrant that our services, third-party integrations, or associated components will be uninterrupted, timely, secure, or error-free if security updates are not applied in a timely manner. We shall not be liable for any consequential, incidental, indirect, or punitive damages arising from the failure to apply security updates, including but not limited to lost profits, business interruption, or loss of data.

It is the responsibility of the customer to implement additional security measures where applicable, such as Two-Factor Authentication (2FA), to further protect access to sensitive data and accounts. By engaging with our services and third-party integrations, you acknowledge and agree that Compute Guru Inc's liability for any data-related incidents is limited to the extent permitted by applicable laws and regulations. It is incumbent upon customers to implement their own risk mitigation strategies, including regular security updates, data backup, and encryption measures on user computers or devices, to minimize potential damages in the event of a data breach or loss.

We encourage proactive collaboration with our team to enhance data security measures and mitigate risks effectively. Should you have any concerns or require further clarification regarding data security practices, please do not hesitate to contact our customer support team.

Client Responsibilities:

In addition to the terms outlined above, the client acknowledges and agrees to the following responsibilities:

Cybersecurity Training:

The client is responsible for providing comprehensive cybersecurity training to its employees. This training should encompass best practices, awareness of potential threats, and protocols for maintaining the security of sensitive information and systems. Compute Guru Inc emphasizes the importance of ongoing education to mitigate the risk of security breaches and data vulnerabilities. By engaging with our services, the client commits to fostering a culture of cybersecurity awareness within their organization.

Compute Guru Inc prioritizes the security of client data and diligently implements measures to safeguard it. However, it is imperative to delineate the roles and responsibilities inherent in our engagement.

Compute Guru Inc, functioning as an IT service provider, offers advisory services aimed at optimizing data security practices. While we provide expert guidance and recommendations, it is explicitly understood that the client retains full autonomy and accountability for the implementation of such recommendations within their organizational framework.

Clients acknowledge and accept that Compute Guru Inc's advisory role does not confer an obligation upon the company to compel or enforce compliance with recommended security measures. The client assumes sole responsibility for the adoption, execution, and maintenance of security protocols within their operations.

By engaging with Compute Guru Inc's services and third-party integrations, clients explicitly waive any claims of liability against the company arising from the failure to adopt or implement recommended security measures. Compute Guru Inc's liability for data-related incidents is limited strictly to the provisions outlined by applicable laws and regulations.

Clients are encouraged to engage in transparent communication and collaboration with Compute Guru Inc to address data security concerns effectively. Should clients require clarification or assistance regarding data security practices, our customer support team remains available to provide guidance and support.

Severability Clause:

"If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been included herein. The parties agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of the void or unenforceable provision

Modification of Terms:

Compute Guru Inc reserves the right to modify or update these terms of service at any time. Continued use of our services constitutes acceptance of any revised terms.

If you have any inquiries regarding our refund policy, terms of service, or require further assistance, please do not hesitate to contact our customer support team at it@computeguru.com or by calling 1-845-202-1187.

Policy Updates:

Compute Guru Inc reserves the right to update or modify this refund policy and terms of service at any time without prior notice. We encourage you to review these policies periodically for any changes.