Section 1 – Acknowledgement and Acceptance. The provision of Services (as defined below) through the Tech Support Subscription Plan (“Plan”) is conditional upon your acceptance, without modification, of the terms, conditions, schedules and notices (“Terms”) contained herein and any service-specific terms and conditions. Please read these Terms carefully. If you do not agree to all the Terms, please do not use our Services.
You acknowledge and agree that Staples Canada ULC (“Staples”) may amend these Terms at any time by posting a revised version of these Terms on www.staples.ca or by notifying you directly in Staples’ sole discretion, including without limitation, by email or mail. Your continued use of the Services after any changes are made to these Terms shall constitute your consent to such changes. Staples does not and will not assume any obligation to notify you of any changes to these Terms, or the creation or modification of any additional terms. You are solely responsible for remaining knowledgeable about the Terms.
Section 2 - Scope of Agreement. These Terms apply to all current and future Plans you purchase from Staples. Any additional services not included in the Plan will be subject to additional fees charged at the current rate.
Section 3 - Initial Service Period; Renewals; Term. The term of this Plan will be for a period of twelve (12) months commencing on the date of purchase (the “Initial Term”). This Plan will automatically renew for consecutive twelve (12) month terms under the same Terms set forth herein (each, a “Renewal Term”) unless the Plan has been terminated as set out below. You may cancel your Plan within fourteen (14) days of the Plan purchase and receive a refund of any Fees (defined below) paid less the cost of the Norton 10 software which is non-refundable, by visiting any Staples store within Canada and providing all original receipts.
Section 4 – Plan Services. The Services included in each Plan Term are:
- Remote computer related services for up to five (5) devices including: virus removal, software diagnostics, data backup, operating system restoration, maintenance and tune up, and installation of software or peripherals, including tech help questions;
- One (1) in-home smart home consultation (excluding installation); and
- A one-user license for Norton 10 device antivirus software.
All Services, except the smart home consultation, can be rendered remotely between the hours of 08:00 and 23:00 EST or in-store during the hours of operation.
Devices covered by the Plan must be registered with Staples through online chat at www.staples.ca, in-store, by emailing firstname.lastname@example.org, or through the toll free service line 1-877-258-0369. You are permitted to add and remove devices, however, removed devices are not eligible for Services under the Plan and cannot be added back to the Plan during the remainder of the Term.
If you require Services for one of your registered devices during the Term, you can do so through online chat at www.staples.ca, in-store, by emailing email@example.com, or through the toll free service line 1-877-258-0369.
Section 5 – General Exclusions. Services do not include:
- Physical or hardware related services or repair;
- Parts and part repairs
- Unlocking a locked device;
- Repair if you are unable to turn on your computer; or connect to the internet
- Data recovery, and
- Restoring a device’s operating system using methods other than the “factory reset” built into the device.
Section 6 - Fees, Payment & Charges
- You agree to pay the monthly Plan subscription fees and taxes (“Fees”) that are in effect for the Plan at the time of your purchase. The Fees for the Plan shall be set forth in the Plan brochure, welcome email and invoices. Any promotional bundle fees, discounts, credits, rebates or other financial incentives you enjoy will be subject to you keeping your account current and in good standing.
- You authorize Staples to automatically withdraw the total amount of your invoice each month from your credit card. Staples only accepts MasterCard, Visa, American Express, and UnionPay. You certify that your credit card is in good standing, with sufficient funds to cover the invoices as they become due.
- If Staples does not receive payment within thirty (30) days of the payment due date for whatever reason, Staples may charge you interest from the payment due date on the full balance owing at the interest rate then in effect, as determined by Staples, compounded monthly and not exceeding the maximum rate permitted by law (“Late Charge”) or require you to pay in advance for future months. Additionally, Staples may charge administrative fees relating to collection efforts and disconnection or reactivation of the Plan (“Administrative Charge”).
Section 7 - Your Responsibilities
It is your responsibility to:
- Back up all existing computer files by copying them to another storage medium prior to the use of the Plan. Staples, its employees and agents will bear no liability whatsoever for any damage or loss to data or peripherals.
- Provide Staples’ employees or agents with immediate clear access, physical or remote, to any devices necessary to perform the Plan services.
- Obtain any software licenses you wish to have installed.
- If necessary, you must have an Internet Service Provider and your Internet connection must be activated and working properly prior to any Plan services being performed.
- Ensure that your invoicing and payment information you provide to Staples (including name, mailing address, email address, service address, credit card details and telephone number) are always up to date and accurate. Should your credit card expire or change during the Plan, you must notify Staples of this change otherwise Staples may suspend the Plan.
- Close or hide any private or personal information on your device prior to having the Service performed.
Section 8 – Use and Age Restriction Use of the Plan is permitted only to individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Plan.
Section 9 - Termination
- If you wish to terminate your Plan, you can do so through online chat at staples.ca, in-store, by emailing firstname.lastname@example.org, or through the toll free service line 1-877-258-0369 and provide at least thirty (30) days’ notice prior to the end of the current Plan Term. At such a time, you agree to pay all fees due and owing to the date of termination. If you terminate the Plan during the Initial Term or a Renewal Term, you will be charged a termination fee that reflects a reasonable estimate of damages suffered by Staples as a result of your early termination of the Plan and is not a penalty (“Termination Charge”).
- Staples may, without any liability and in its sole discretion, refuse, stop or suspend the provision of all or any part of the Plan, for any reason, including (i) your breach of or failure to comply with these Terms; (ii) your failure to pay your invoices or other amounts; or (iii) your use of the Plan is fraudulent, inappropriate, not consistent with your ordinary usage patterns established with Staples, or is being used in or directed to high cost of service areas to an extent not supportable by your rate plan and Fees for your Plan. You remain obligated to pay for the Plan during any suspension. If your Plan is suspended due to a breach that has not been cured within ten (10) days from the suspension date, Staples may terminate the Plan.
- Staples may without any liability and in its sole discretion immediately terminate any of the Services and the Plan by written notice and specify a final payment date for all amounts that you owe not earlier than ten (10) days from the date of the notice.
Section 10 - Confidentiality of Customer Records; Personal and Credit Information
Section 11 – Indemnities
You agree to indemnify, defend and hold harmless Staples, its officers, directors, subsidiaries, affiliates, employees, and agents from and against all loss, liability, claim, demand or suit, including reasonable legal fees, resulting from or arising out of any of your acts or omissions.
Section 12 – Liabilities
Staples, its officers, directors, subsidiaries, affiliates, employees, and agents, where applicable by law, shall not be liable for any damages, including direct, indirect, punitive, incidental, general, special or consequential damages, arising out of provision of the Services , including without limitation, bodily injury, emotional distress, and/or any other damages, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Staples is not liable for any loss of data, loss of profits, loss of property, loss of earnings, loss of business opportunities, misappropriation of personal information stored on device or any other loss, however caused resulting from the use of the Services or the enforcement of the Terms. Staples expressly disclaims any and all liability for acts, omissions and conduct of any third party, Plan users, advertisers and/or sponsors in connection with the Plan or otherwise related to your use of the Services and/or the Plan. Staples’ liability, if any, shall be limited to one year’s worth of your Services and/or Plan fees.
Section 13 – Governing Law
You agree that these Terms and your use of the Services shall be governed by, and interpreted in accordance with, the laws of the province in which the Services were purchased and the federal laws of Canada applicable.
Section 14 – Entire Agreement
These Terms are a final statement of the entire agreement between you and Staples and supersede all prior written or oral negotiations, understandings and agreements concerning the subject matter of these Terms.