A. INTRODUCTION TO TERMS OF SERVICE AND CONDITIONS
RemovalHelp.net is affiliate of Geekatoo.com. Geekatoo.com (“WebService”) is run by Geekatoo, Inc. (“Geekatoo” or “Company”) a Delaware Corporation. Use of Geekatoo is dependent on agreeing to the subsequent Geekatoo Terms and Conditions ("T&C" or or “Terms”). Use of the Web Service is an agreement to all T&Coutlined. Geekatoo reserves the right to amend the T&C. Amendments will be made public in the T&C and active once posted.
B. GEEKATOO PROVIDER REPRESENTATION
- 1. Providers Providers of services to Clients on Geekatoo have been screened regarding their background credentials. Education, skill-level, and other provider information are offered on a volunteer basis by the provider and are certified by outside agencies when designated next to the information. Geekatoo makes no guarantees regarding the identities or representations of providers on Geekatoo, and Providers are not employees of Geekatoo, but independent contractors used directly by clients of Geekatoo (such clients using the services of Providers referred to herein as “Clients”). Geekatoo is not responsible for Provider’s work. Geekatoo does not officially endorse the use of any particular Provider but may highlight certain Providers more prominently. Agreements for work and payment occur between Clients and Providers with Geekatoo as an intermediary. It is up to the Client and Provider to establish the terms of their relationship beyond their respective use of Geekatoo. Contracts and associations between Clients and Providers are bound to applicable national, federal, state or local laws. Disagreements between Clients and Providers are the domain of Clients and Providers.
- 2. Use of Geekatoo constitutes a release of liability, damages, and claims of all kinds between Clients and Providers. For the avoidance of doubt, such waiver includes a waiver of all future liability, damages and claims of any kind that may result due to the failure of a product or service provided and/or installed by a Provider. Use of Geekatoo predicates upon your acceptance of the T&C and acknowledgement of this condition.
- 3. Geekatoo’s background check (Verification) is composed of:
- a) Using leading background search firms to establish a verification of identity based on social security number, previous work history, previous addresses and criminal history. Geekatoo reserves the right to not allow Providers to post a profile and transact on the platform based on this information. Geekatoo’s use of this information is not for employment since Geekatoo does not employ Providers.
- b) License information may post to Geekatoo and hold verification by third parties but Geekatoo does not verify licenses directly.
- c) Skill levels may post to Geekatoo and hold verification from third parties but Geekatoo does not verify skills directly.
- d) Insurance and Bonding information may post to Geekatoo and hold verification from third parties but Geekatoo does not verify insurance and bonding directly.
- e) Geekatoo does not claim to verify all Providers on its Web Service, but Providers verified by Geekatoo are entitled to show Verification.
- f) Providers rejected due to unsatisfactory qualifications ascertained via the review process are entitled to a one-time appeal for verification.
- 4. Geekatoo’s verification practices can change and at the discretion of Geekatoo. Changes will post to the T&C
- 5. The quality of information gleaned from verification procedures is not guaranteed and may change after Geekatoo searches for said verifications. Geekatoo only claims to perform searches during a Providers initial application to use Geekatoo.
- 6. Geekatoo does not claim or guarantee in relation to verification procedures or any warranties associated with verifications of use of a Provider. This is governed by an understanding that verifications do not guarantee and are not limited to implied warranties of fitness for a particular purpose, sufficient standards, or timeliness and veracity.
1. Geekatoo recognizes that Providers are utilizing their highly technical skills while operating as an independent business for their own accounts. As a provider:
- a) You are fully allowed and encouraged to advertise for or pursue other jobs outside of Geekatoo. Geekatoo does not control or prohibit you from performing work outside of Geekatoo job notifications.
- b) Unless otherwise stated, you will be paid by the job and not by the time on-site.
- c) You are fully allowed and encouraged to find the optimal method and manner of accomplishing jobs on Geekatoo. Geekatoo will not train you on how to perform computer repair, TV mounting, or other jobs, nor will Geekatoo control how you decide to perform a job. Instead, you must perform your own independent judgments on the job site that include the sequence of work and what materials to purchase in order to complete the job. Geekatoo explicitly gives up the right to control the details of a worker's performance.
- d) You must supply your own tools, which may consist of (but is not limited to) TV mounts, code compliant wire concealers, stud checkers, paid or free virus removal software, and paid or free computer tune-up software. Geekatoo does not control or provide the instrumentalities, tools, and the place for you to do work.
- e) You must supply your own vehicle of transportation. Geekatoo does not control or provide transportation for providers.
- f) If work is required off-site from the client, you must supply your own space. Geekatoo will not provide space to store your equipment or materials.
- g) Geekatoo’s integral business is remote technical support. You must acknowledge that the on-site work you are performing work is merely a facet of Geekatoo’s operations which is not wholly integral to Geekatoo’s core business.
- h) You will not necessarily be interviewed before joining, and are not required to undergo extensive training by Geekatoo.
- i) You are free to claim as many or as few jobs as you wish.
- j) You are free to turn down jobs for any reason, including (but not limited to) because you are too busy with other jobs not originating from Geekatoo.
- k) You are allowed and encouraged to hire additional workers as you see fit, especially in the case of TV mountings and other jobs that might require additional on-site workers.
- 1) Geekatoo only requires that additional workers pass a background check.
- 2) Geekatoo does not control who and when to hire along with how much to pay additional workers. These factors are left to the sole discretion of your independent business.
- l) You and Geekatoo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- m) Geekatoo does not control appointment times, but merely passes the client’s requested appointment windows directly to you. You are free to work whenever you want, and set appointment times that are optimal between you and the client.
- 2. You agree to indemnify and hold Geekatoo harmless from any and all liability, damages and/or claims of any kind that result from the provision of your services to the Client. This indemnity includes, but is not limited to, any future liability, damages and/or claims and/or products that you may install.
D. USE OF THE WEB SERVICE
- 1. Geekatoo reserves the right to revoke access to the Web Service. Circumventing Geekatoo’s intentions or an abuse of the Web Service can constitute banishment from use of the Web Service. This may include standards of good taste as deemed by Geekatoo and appropriate jurisdictional laws. Geekatoo maintains its rights at all times to terminate use of the Web Service, and to begin legal actions and proceedings to seek remedies and damages relating to but not limited to repairs, lost revenue, legal fees, costs, and injunctions.
- 2. Use of the Web Service by Clients and Providers bounds them to acceptance of the following conditions
- a) Clients and Providers are required to maintain transactions on Geekatoo if initiated on or by Geekatoo. Any violation of this voids Clients and Providers of use of Geekatoo and of any advocacy performed on behalf of Clients or Providers in disputes.
- b) Subsequent business between a Client and Provider must reoccur on the Geekatoo platform for 1 year.
E. CANCELLATION POLICY
- 1. If Geekatoo is unable to successfully complete an individual service ordered within the 30-day return period, the Client will have an additional 30 days from the point of service to alert the Company. The Client will not be held responsible for charges associated with unsuccessful service attempts and may request a full refund for the Support Plan within this extended 30-day period if, and only if, the Company hasn’t performed any separate, successful services within this timeframe, in which case the Client will be responsible for any fees as spelled out in the previous paragraph.
- 2. The Client may cancel their Support Plan and seek a full refund if the cancellation occurs within 30 days of the date of purchase. Refunds requested both within, and after, said 30-day time frame will be assessed on the following terms:
- a) If the Client makes use of the Support Plan within the 30-day cancellation period, the fee for any successfully completed in-home service(s), plus the fee for the highest-priced remote service (per individual device), will be assessed. If the individual service fees assessed are less than the original fee collected for the Support Plan, the Client will receive a refund for the difference in this amount. Subsequently, the Client will be responsible for any fees that exceed the amount originally charged for the Support Plan.
- b) Beyond the 30-day return period, the Client is responsible for any Support Plan setup and recurring fees pertaining to time elapsed without regard to usage. The Client may cancel at any time, and in the event that the Client made no use of the Support Plan within this timeframe, fees will be assessed in monthly time segments. The Client will be refunded any amount that exceeds fees accrued for the time elapsed. The Client must request cancellation before the start of a new calendar month to avoid fees for that monthly time segment.
F. CLIENT AND PROVIDER FEEDBACK AND REVIEWS
- 1. Providing reviews and feedback to Geekatoo Geekatoo (respectively “Reviews” and “Feedback”) is an agreement of:
- a) Actual experiences with the subject in question.
- b) Veracity to your fullest understanding.
- c) Interest-free and unbiased participation in the Client Provider relationship which can include competitor status, family relation or commercial interest.
- d) Geekatoo ultimately sees fit how it handles Feedback and Reviews in accordance with appropriate jurisdictions.
- e) Feedback and Reviews will not be used to slander, behave inappropriately and commit profanities or promote illegalities.
- f) Geekatoo requires that reviews remain pertinent to the service in question.
- 2. Feedback and Reviews are hosted by Geekatoo but are not officially endorsed by Geekatoo. Geekatoo and its extended company affiliations, including parent, subsidiaries, employees, directors, officers, and shareholders are not responsible for the content of Feedback and Reviews. Geekatoo holds no responsibility regarding content on its site.
G. GEEKATOO, WEB SERVICE, CONTENT, INFORMATION, AND COMMUNICATION
- 1. Content posted by Clients and Providers on Geekatoo (the "Content") gives:
- a) Geekatoo and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
- b) Geekatoo and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and
- c) Represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute or you otherwise have the lawful right to post and distribute such Content to or through the Web Service; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
- 2. You further grant Geekatoo the right to pursue at law any person or entity that violates your or Geekatoo’s rights in the Content by a breach of the T&C.
- 3. Content submitted by users of the Web Service will be considered non-confidential and Geekatoo is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Geekatoo reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post . Geekatoo is under no obligation to offer you any payment for Content that you submit. Additionally, Geekatoo is further under no obligation to offer you the opportunity to edit, delete or otherwise modify Content once it has been submitted to Geekatoo. Geekatoo shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
- 4. All of the content and information on the Web Service is the sole and exclusive property of Geekatoo, including but not limited to Provider information, Feedback, and Reviews, as well as any Content you post. You acknowledge and agree that you have no right to reproduce, publish, or otherwise use such information other than for your personal use relating your evaluation of any Providers. You further acknowledge and agree that a violation of the foregoing could result in substantial damages, and that you are liable to Geekatoo for any such damages, and you will indemnify Geekatoo in the event of any third party claims against Geekatoo based on or arising from your violation of the foregoing.
- 5. Intentionally inputting false information is serious and fraudulent that may result in costs and damages to Geekatoo, its partners, Providers, and users of the Web Service. Loss of time, and expenses, can result in regulator fines and penalties. You will be held responsible for damages, direct and punitive, consequential, and regulator and judicial fines or penalties that arise form intentional, misleading, harmful and fraudulent activity, along with appropriate legal fees and cost and expense.
H. COPYRIGHT TERMS
- 1. Geekatoo uses the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Geekatoo's designated agent to receive notification of claimed infringement ("Designated Agent") is provided below. It is Geekatoo's policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of those determined to be "repeat infringers" in accordance with the below.
- 2. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Web Service, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
- a) Identification of the copyrighted work that you claim has been infringed;
- b) Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Geekatoo to locate such Content;
- c) A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- d) A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- e) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- 3. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
- a) Identification of the Content that was removed, and the location on the Site where it would have been found before its removal;
- b) A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
- c) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Geekatoo is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
- d) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- 4. Please contact the Designated Agent at the following address:
- Geekatoo, Inc., 35 Quail Ct, Suite 304 Walnut Creek, CA 94596
Email: info@Geekatoo.com Phone: (415) 963-9965
- 5. We will review and address all notices that comply with the requirements above. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
- 6. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Geekatoo has adopted a policy of terminating, in appropriate circumstances and at Geekatoo's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Geekatoo may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
I. THIRD PARTY URLS.
- The URLs contained in the Web Service may direct you away from the Web Service to third party sites. Such third party sites are not under the control of Geekatoo and Geekatoo is not responsible for the content or functionality of any such third party sites. Furthermore, Geekatoo does not endorse any such third party site.
- You agree to indemnify Geekatoo, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Geekatoo services or in connection with Geekatoo or your violation of these Terms, or arising from your violation of any rights of a third party.
K. ADDITIONAL PROVISIONS
- 1. You acknowledge and agree that the Geekatoo services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Geekatoo's sole obligation to you or any third party for any claim arising out of your use of the Geekatoo services or the Web Service, is that you are free to discontinue your use of the Web Service at any time. Except as expressly set forth herein, Geekatoo expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that Geekatoo shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Geekatoo has been advised of the possibility of such damages) arising out of the use of the web service or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you.
- 2. The Terms will inure to the benefit of Geekatoo's successors, assigns and licensees.
- 3. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
- 4. The failure of Geekatoo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- 5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Geekatoo services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 6. The section titles in these Terms are for convenience only and have no legal or contractual effect.
- 7. The T&C are governed by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely in the State of Delaware and between Delaware residents. You agree to submit to jurisdiction in Delaware and that any claim arising under these Terms and Conditions will be brought solely in a court in Kent County, Delaware.
- 8. Contacting Geekatoo.
- a) If you have any questions, concerns, feedback, etc. about the Web Service and/or the T&C (aside from a Copyright Complaint as addressed above), please feel free to contact us via the following:
35 Quail Ct, Suite 304
Walnut Creek, CA 94596