Article 1 (Formation of Service Agreement)
- (a)A Service Agreement is formed by and between a CUstomer and the Company when the Customer who wishes to use the Company’s Service consents to these Terms of Service and applies for use of such Service in accordance with the form and procedure proposed by the Company, and the Company accepts such application of the Customer.
- (b)A Customer who wishes to use the Service shall be deemed to have expressly consented to these Terms of Service by verbal acknowledgement to a Support Associate of having read this agreement at the time of service.
- (c)All information provided by a customer who has entered into an agreement for the Service shall be deemed as true and accurate data, and any Member who has not provided its/his/her full legal name or true and accurate information may not be entitled to the protection of the law.
Article 2 (Commencement of Service)
- (a)In principle, the Service shall commence when the Company accepts the Customer’s call for such Service, and the applicable Service Fee is paid in advance as per the process proposed by the Company, except in case where the Company and the Member mutually consult and agree otherwise.
- (b)If the Company is not able to commence the Service due to its business or technical difficulties or impediments, it shall notify the Customer.
Article 3 (Service Hours)
- (a)The Customer may use the Service provided by the Company in compliance with these Terms of Service.
- (b)Unless the Company suffers any business or technical difficulties or hinderances, in principle, the Service shall be available for use as per the agreed upon scheduled date and time set during the scheduling process; provided, however, that the Company may limit all or any part of the Service for any reasons the Company deems necessary.
Article 4 (Suspension of Service)
- (a)In any of the following cases, the Company may limit or suspend all or any part of the Service:
- (1)If the facilities-based telecommunications business operator as defined in the Telecommunications Business Act suspends its telecommunications service;
- (2)If it is inevitable due to works for maintenance, repair or regular check on the Service facilities;
- (3)If normal use of the Service is disrupted due to blackout, various facilities breakdown or impairment, or sharp increase in usage volume;
- (4)If any force majeure event occurs, such as natural disaster and national emergency; or
- (5)If the Company deems necessary to suspend the Service for any other business or technical reasons.
- (b)The Company shall not be liable for any damages incurred by the Member due to temporary suspension of Service for any reasons set forth in Paragraph (a) above.
Article 5 (Types of Service)
- (a)Remote Service Call
- (1)“Remote Service Call” is a remote support service which assists its user to diagnose and solve its customer’s issues remotely and quickly over the Internet with ease, through remote chat with customer or screen sharing and control of the customer’s PC or mobile device.
- (2)The types of Remote Service Call Services, and applicable Service plans and Service Fees shall be subject to the details thereof as posted on the Company’s website (www.mybadcomputer.com) and relevant Service website (https://www.mybadcomputer.com).
- (1)“Anydesk” is a third-party application which enables our techs to remotely access and control a computer in real-time quickly and securely with ease over the Internet anytime and anywhere, after installing an the “Anydesk” program in its PC or any server it needs to manage located in a remote place.
Article 6 (Types of Service Fees)
- (a)Initial Fees (application fee, initial installation fee, etc.): These fees are initially incurred only once at the time of application for the Service, and they are required for establishing environment that is necessary for provision of the Service.
- (b)The types of Service Fees are as follows, and the Company may offer additional Service plans for each Service based on its policy.
- (1)Monthly Service Fee: Fee payable for use of the Service for a period of 1 month beginning on the Service commencement date and ending on the day immediately preceding such same date of next month.
- (2)Annual Service Fee: Fee payable for use of the Service for a period of 1 year beginning on the Service commencement date and ending on the day immediately preceding such same date of next year.
- (3)Term-based Service Fee: Fee payable for use of the Service for a certain fixed-period of time.
Article 7 (Calculation of Service Fee)
- (a)The Service Fee is charged as of the commencement date of the Service based on the Service Agreement and the Service period, regardless of whether the Customer has used the Service or not.
- (b)Any Service Fee per day shall be calculated based on a day beginning at 00:00 and ending at 23:59, and if the Service begins or ends anytime during a day, such day shall be counted as one full day.
- (c)Any monthly Service Fee shall be calculated for a period of 1 month beginning on the Service commencement date and ending on the day immediately preceding such same date of next month.
- (d)Any annual Service Fee shall be calculated for a period of 1 year beginning on the Service commencement date and ending on the day immediately preceding such same date of next year, and any other conditions shall be same as that for calculation of monthly Service Fee.
Article 8 (Payment Methods)
- (a)The Service Fee may be paid by PayPal, automatic debit payment, credit card payment and the like payment methods offered by the Company; provided, however, that certain payment methods may be limited depending on each Service due to the Company’s circumstance.
Article 9 (Billing and Payment of Service Fee)
- (a)The Customer must pay the Service Fee prior to the Service commencement; if the Customer fails to do so, the Company will reject or cancel the Customers scheduled service call and the Customer may need to reschedule once payment has been made.
- (b)If the Member elects to pay the Service Fee by debit payment method, the applicable Service Fee shall be automatically debited from the bank account and on the day as respectively designated by the Customer at the time of entering into the Service Agreement; provided that, if the balance in such designated bank account is lower than the invoiced Service Fee, the Company may debit partial amount of such invoiced amount to the extent possible within such balance, and debit any outstanding portion of such invoiced amount after the payment date. The Company will not be liable for any Customer overdraft fees associated with such a withdrawal and service will not be provided until the remainder of the fee has been remitted. A partial refund may be issued, with the exception of a $20 service charge for cancellation due to non-payment in full and costs associated with lost business.
Article 10 (Refund of Service Fee)
- (a)The Company offers two (2) types of paid Services. First type of paid Service is which application therefor can be withdrawn and the second type of paid Service is which withdrawal of application therefor is restricted. In case of the first type of paid Service, the Customer may withdraw its application for such Service within 7 days from its purchase thereof. On the other hand, in case of the first type of paid Service which the Customer fails to withdraw application therefor within the said 7-days period, or in case of any paid Service which application therefor cannot be withdrawn for any reasons set forth in the E-Commerce Act or any other applicable laws and regulations, the withdrawal of application for such paid Service is restricted. With respect to any paid Service which application cannot be withdrawn, such restriction shall be indicated on a pop-up screen or a linked scree and the like.
- (b)If the Customer underpays or overpays the Service Fee, the Company shall refund the excessive portion or settle the difference in the next payment of Service Fee, as the case may be; provided, however, that, if such payment error is due to the Customers intentional act or negligence, any reasonable costs for such refund or settlement shall be borne by the Customer.
- (c)The Company may refund the Service Fee paid by the Customer in any of the following cases:
- (1)If the Service cannot be used due to any material defect resulting from a cause attributed to the Company.
- (2)If the Service can no longer be used due to permanent suspension of the network service resulting from a cause attributed to the Company. Even in either of the above cases, the Company shall refund only upon the Customer’s request, and the amount refundable shall be proportionate to the remaining period of applicable Service Agreement.
- (d)If the Customer requests for a refund, the Company shall verify the Customer’s purchase details and may request for submission of the following documents for verification of identification, and the Customer shall submit the following to the Company via email, fax and the like:
- (1)Request for termination;
- (2)A copy of bankbook of the individual or legal entity which is requesting refund;
- (3)A copy of document which verifies the identity of the person requesting refund (may not be asked to submit depending on the circumstances); and
- (4)The receipt of payment of Service Fee (may not be asked to submit depending on the circumstances)
- (e)Upon receipt of the documents listed in Paragraph (d) above from the Customer, the Company shall use its best efforts to complete its refund process as soon as possible.
- (f)If the Customer withdraws its application for the Service, the Company refund the applicable amount within 15 business days from the date of Cancelation. If the Company fails to refund in a timely manner, the Company shall also pay default interest accrued on the refundable amount during the delayed period at the rate prescribed under the E-Commerce Act and the Enforcement Decree thereof. If the Company has already partially used or consumed any goods or services, the Company may request the Customer to pay the amount equivalent to the profit such Customer has gained from such partial use or consumption or the expenses incurred in supply of such goods or services. If the Customer withdraws application for the Service, the Customer shall bear the expenses for returning the goods or services supplied; however, the Company may not claim for any penalty or damages against the Customer for such withdrawal.
Article 11 (Objections)
- (a)If the Customer has any objection to the invoice issued by the Company, such Customer may raise such objection against the Company, and the Company shall reply with the outcome of such objection within 48 hours upon its receipt thereof.
- (b)If the Company cannot reply to the Customer within 48 hours upon receipt of objection, it shall notify the possible date of reply and shall take measures so that such Customer does not experience any disadvantages.
- (c)If the Customer underpays or overpays the Service Fee, the Company shall notify the Full Member by phone call or email, and the Customer shall settle such mistaken payment pursuant to the process as instructed by the Company.
Article 12 (Limitation on Use of Service)
- (a)If any of the following acts is committed by the Customer, the Company shall inform such Customer thereof in accordance with Notification to Customer or any other effective means, and it may suspend or limit the Service until such act ceases and desists:
- (1)Any act that disturbs public peace and order or harms social morals and customs, and any other Illegal Communications;
- (2)Any act that defames others or causes disadvantages to others;
- (3)Any act of transmitting massive load of information, hacking(cracking), disseminating any computer virus program, or transmitting or serving as a medium for advertisements, which may hinder stable operation of the Service;
- (4)Any act of reproducing, disassembling, imitating or otherwise modifying the Service through reverse-engineering, decompiling, disassembling and any other types of process;
- (5)Any act of posting, publishing, emailing or transmitting via any other means of any unauthorized or unapproved advertisements, spam mails, chain letters, pyramid scheme sale pitches or any other forms of solicitations;
- (6)Any act of posting, publishing, emailing or transmitting via any other means of any content that infringes upon any third party’s patent, trademark, trade secret, proprietary right, copyright, or any other intellectual property right;
- (7)Any act of providing false information at the time of customer application or application for the Service;
- (8)Any act of stealing or illegally using any other Customer’s ID or name; or
- (9)Any other act of breaching or violation applicable laws and regulations, or these Terms of Service.
- (b)If the Customer wishes to terminate the Service Agreement, the Customer must request for termination at the Company’s website (only in case the Company allows such termination through a specific website) or through any other means as determined by the Company:
- (1)If the Customer fails to perform any of its/his/her obligations set forth in Article 32, the Company may terminate the Service Agreement or suspend the Service without any prior notice. In such case, the Customer may raise an objection thereto in accordance with the procedure established by the Company, and the Company shall immediately resume the Service if it deems such objection is reasonable.
- (2)Even after the Customer enters into the Service Agreement, and is assigned a Scheduled date and time the Company may limit the Service depending on such Customers qualifications.
Article 13 (No Assignment)
- (a)The Customer may not resell the Company’s Service to any third party, except where a separate agreement is entered into with the Company for the resale purpose.
Article 14 (Company’s Obligations)
- (a)Unless there is any special circumstance, the Company shall allow the Customer to use the Service on the date which such Customer indicated as its/his/her preferred Service commencement date.
- (b)Unless the Company suffers any business or technical difficulties or hinderances, the Company shall provide the service on the scheduled date and time except for the times when any regular or random system checks are conducted for stabilization of the Service.
- (c)The Company shall process any opinion or complaint raised by the Customer if it deems such is reasonable; provided that, if it is difficult to do so, the Company shall notify the Customer of the reason and expected schedule via email or phone call.
- (d)The Company may not distribute or dissemination the Customers information it obtained in connection with its provision of the Service to any third party without the Customers prior consent; provided, however, that the Company may provide such information to any applicable agencies or authorities upon demand based on applicable laws and regulations, and may provide such information to credit information company or the Credit Information Collection Agency after notice to the Customer if any Service Fee is overdue during the period set by the Company.
Article 15 (Customer’s Obligations)
- (a)The Customer shall provide true and accurate information when applying for service, and it/he/she may not be entitled to claim for any rights if the customer registration is based on any false or someone else’s information.
- (b)In using the Service provided by the Company, the customer may not commit any of the following acts:
- (1)Any act of providing false information when applying for service or changing its/his/her customer information, or any act of stealing or wrongful use of other customers ID and Password;
- (2)Any act of trading its/his/her ID or account with any third party;
- (3)Any act of defaming or causing disadvantage to others;
- (4)Any act of posting obscene contents on a bulletin board, message board, etc. or linking with any obscene websites;
- (5)Any act of infringing upon the Company’s or any third party’s intellectual property rights or any other rights;
- (6)Any act of disseminating information, texts, graphics, images, sound and the like that disturb public peace and order or harm social morals and customs;
- (7)Any act of using the Service by exploiting any bug in the program;
- (8)Any intentional act of interfering with the operation of the Service;
- (9)Any act of transmitting or posting any information (such as computer program) that is not defined or determined by the Company, or any act of changing or modifying information posted on the Company’s website and the like;
- (10)Any act of posting, registering or sending via emails any materials which include any virus software, other computer codes, files or programs that are designed to interfere or destroy normal operation of any computer program, hardware, or telecommunication equipment;
- (11)Any act of collecting or storing other Customers personal information without the Company’s approval;
- (12)Any act of posting any texts or sending emails by impersonating, or pretending to be, any of the Company’s employees or administrators or by illegally using any third party’s name;
- (13)Any other illegal or wrongful acts.
- (c)The Customer shall comply with applicable laws and regulations, these Terms of Service, and any other use guides, precautions, etc. which the Company notifies, and may not take any action that may interfere with the Company’s business.
- (d)The Customer has the obligation to pay the Service Fee set forth in these Terms of Service in consideration of its/his/her use of the Service, and the Customer shall be responsible for any issues that may arise due to any non-payment or overdue Service Fee, except when such payment default is due to the Company’s negligence or for reason acknowledged by the Company.
- (e)The Customer shall immediately notify the Company if there is any change to the Customer information it/he/she provided at the time of application for the Service, and the Company shall not be liable for any issues that may arise due to delay of notice required under this Paragraph.
- (f)If the Customer causes any Service impediment or disruption, the Customer shall be fully liable for any damages incurred by the Company, including any expenses incurred for supplements, repairs or other works, due to such impediment or disruption.
- (g)The Customer shall be responsible for any issues that may arise in connection with the ownership and copyright of any information provided by the Customer.
- (h)The Customer may not assign, transfer or resell the Service for which it/he/she has paid the applicable Service Fee in advance, and the Company has no obligation to exchange the Member’s ID and Password for cash or other marketable securities.
- (i)The Customer may not assign, transfer or give to any third party any right to use the Service, nor any of its/his/her rights and obligations under the Service Agreement.
Article 16 (Notification to Customer)
- (a)The Company may notify the Customer at the email address or by using any contact information (phone number, mobile number) provided by the Member.
- (b)In case of any notice that needs to be made to many unspecified Customers, the Company may post such notice on its website and relevant Service message board in lieu of individual notice to each Customer.
Article 17 (Protection of Personal Information)
- (a)The Company shall endeavor to protect the Customer’s personal information, including any registered information, pursuant to the Personal Information Protection Act and other applicable laws and regulations.
Article 18 (Preservation of Transactional Records)
- (a)The Company shall preserve any transactional records for up to 5 years pursuant to the E-Commerce Act, the Information Network Act, and other applicable laws and regulations.
- (b)The Customer must answer to the Company’s request for verification of certain information with respect to a conflict or discrepancy between the materials preserved in the Company’s database and the materials preserved in any billing agency’s database.
Article 19 (Scope of Compensation for Damages)
- (a)The Customer shall be liable for all damages incurred by the Company due to the Customer’s breach of these Terms of Service.
- (b)The Customer shall, at its/his/her own cost and responsibility, indemnify and hold the Company harmless from and against any claims for damages, legal actions, and other various objections raised or initiated by a third party due to the Company’s illegal act or breach of these Terms of Service in using the Service, and in case the Customer fails to indemnify and hold the Company harmless, the Customer shall compensate for all damages incurred by the Company.
- (c)The Company shall not be liable for any damages that may arise during any period the Service is provided for free (including any test Service), nor any damages incurred by the Customer in connection with its/his/her use of free Service.
- (d)If the Customer is not able to use the Service due to any cause attributed to the Company, the Company shall be liable for any damages incurred due to such cause.
- (1)The Company shall take possible measures to resume the Service upon its receipt of notice from the Customer (or at the time when the Company becomes aware of) the fact that the Customer is not able to use the Service, and the Company shall notify the Customer once the Service resumes, save for when the Service is normalized within 4 hours upon the Company’s receipt of such notice from the Customer.
- (2)If the Customer is not able to use the Service due to any cause attributed to the Company, and if such Service is not available for 4 hours or more from the time the Company confirms the Customer’s notice of such Service failure or the total accumulated time of Service failure is more than 12 hours per month, then the Company shall compensate the Customer by (i) paying the amount equal to the service fee (x) average Service Fee per day during the last 3 months of Service (or shorter period if applicable) and (y) total Service failure time divided by 24; or (ii) providing equivalent extension of Service term (for the purpose of calculation, any time that is less than 1 hour shall be deemed as one full hour).
- (3)Any claim for damages against the Company shall be in writing specifying the reason, claimed amount and basis of calculation, and any such right to claim for damages shall be lapsed and time-barred after 3 months from the occurrence thereof.
Article 20 (Disclaimer)
- (a)The Company shall not be liable for any failure to provide the Service due to national emergencies, natural disasters or other similar force majeure events.
- (b)The Company shall not be liable for any Service failure resulting from willful act, negligence, or any other cause attributed to the Member.
- (c)The Company shall not be liable for any Service failure due to any unavoidable reason stemming from the nature of telecommunication service or any temporary Service stoppage or suspension for Service-related system modification, change, update, etc.
- (d)The Company shall not be liable for any loss of the Customer’s information when the Service is terminated due to any cause attributed to the Customer.
- (e)The Company shall not be liable for any damages that may be incurred due to the Customer’s failure to gain its/his/her expected benefits from the Service or due to any choice or use of potential value and materials accompanied with the Service.
- (f)The Company shall be released from all responsibilities and shall not be liable for any materials posted and stored or transmitted by the Customer (including any reliability and accuracy of such information and materials, and virus, spyware and other malicious programs and other issues arising from such materials).
- (g)The Company shall not be liable for any damages or losses incurred due to any transactions among the Customers between the Customer and any third party utilizing the Service as a medium.
- (h)The Company has no obligation to intervene in any dispute arising between the Customer and any third party where the Service served as a medium, nor shall be liable for any damages incurred due to such dispute.
Article 21 (Dispute Resolution)
- (a)The Customer and the Company shall consult with each other in good faith for amicable resolution of any dispute arising out of or in connection with use of the Service.
- (b)The Customer and the Company agree that any unresolved dispute despite the consultation under Paragraph (a) above shall be submitted to the competent court having jurisdiction over the venue where the Company is located.
- (c)These Terms of Service and any legal actions between the Company and the Customer in connection therewith shall be governed by and construed in accordance with the laws of the United States & The State of Arizona in Navajo County.
Article 1 (Effective Date)These Terms of Service shall take effect from 9 April, 2021.