Definition of terms used in this document
“Service” or “services” refers to the technical assistance, and/or the process of providing technical assistance, that FocusMouse offers and any options therein.
“Caller” is any individual or individuals who willingly contact a representative of FocusMouse. Methods of contact include, but are not limited to, telephone, email, and internet chat. Communication of a FocusMouse representative with a “caller” does not imply that any services have been rendered.
“Customer” is any individual or individuals who willingly choose to utilize one or more services offered by FocusMouse.
“Customer” also describes any individual or individuals utilizing one or more services offered by FocusMouse, but who has a “caller” contact FocusMouse to represent them.
“Utilization” or “utilize” is the action of a caller willingly receiving one or more of the services offered by FocusMouse.
“Technology” refers to any desktop computer, portable computer (laptop), tablet or smartphone. Desktop computers typically have a monitor (screen), mouse and keyboard attached to them. Laptops are all inclusive and can also be referred to as a “computer”. Tablets and smartphones are typically mobile devices with a touchscreen running a specific mobile operating system such as, but not limited to, iOS and Android. The term also refers to devices including but not limited to, networking equipment such as routers both wireless and non-wireless, consumer electronics such as televisions, blu-ray players, and video streaming devices.
“Computer peripherals” or “peripherals” are any device that attaches to a computer. Examples include, but are not limited to, printers, scanners, speakers, microphones, cameras, and external storage devices (external hard drives, tape drives, USB drives, etc.).
“Software” is any program that can be placed, installed, and/or used on a computer, mobile phone or tablet device.
Acceptance of policy
Upon utilization of one or more of the services offered by FocusMouse, the customer automatically accepts all the terms and policies detailed in this document. The caller bears the right to reject one or more of the terms and policies described in this document. If a caller rejects the terms and policies described in this document, FocusMouse reserves the right to refuse service to that caller.
Modification of terms and policies
FocusMouse bears the right to modify any information in this document at any time. FocusMouse is not obligated to provide prior warning, or post notification, to any individual or individuals of modifications to this document.
Types of services available
“One Time Fix Service” – a customer pays an upfront fee for technical assistance. Then FocusMouse will contact the customer through skype and proceed with the assistance needed.
“Software” – a customer pays an upfront fee for anti-virus and/or anti-spyware software, followed by an ongoing yearly charge (recurring payment) for continued software updates. This service is billed ongoing for 1 year at a time and will automatically recur unless a cancellation of services is initiated. FocusMouse may utilize 3rd party software and services to provide the software. Support is handled exclusively by FocusMouse representatives.
The amount that the customer is going to be charged relies upon which service option or options they choose to utilize.
When a customer agrees to utilize one or more FocusMouse services, it is the customer’s obligation to provide payment prior to the service being initiated. The customer bears the right to refuse payment for the services, but FocusMouse then bears the right to refuse service to that individual or individuals.
Credit Card & Debit Card Use
FocusMouse accepts all cards that have either a Visa or MasterCard logo on them through Paypal payment gateway.
FocusMouse supports computers, computer related devices, mobile phones (such as smartphones), tablets, software, and most consumer electronics. Computer-related devices typically are referred to as “peripherals” as mentioned above. But support expands to “any technology that assists a computer or other technology device in performing one or more functions”. This includes, but is not limited to, support for issues such as viruses and malware, routers and modems, and assistance with software packages such as Antivirus software. As new technology arises, it is left to the discretion of FocusMouse if any other technologies will be added to the scope of support. FocusMouse reserves the right to decline service for any issue, device, product or item for any reason at our discretion.
Responsibilities of FocusMouse
It is the responsibility of FocusMouse to provide customers with competent and timely solutions to their technology problem(s). FocusMouse representatives strive to provide excellent service. If the technician cannot resolve the issue via a remote connection, the technician is required to instruct the customer as to what needs to be done to resolve the issue.
The customer should be aware that while FocusMouse technicians are expected to perform exceptionally and timely, certain circumstances and the nature of issues can cause resolution times to vary. FocusMouse does not guarantee resolution times and time of resolution is not a factor impacting our money back guarantee.
FocusMouse services are in no way a warranty. Replacement of items such as hardware, components and accessories are not covered.
FocusMouse is not responsible for obtaining, or paying for, any software, including, but not limited to, operating systems, software applications, and drivers.
The customer is expected to provide the sales agent, support technician or any other FocusMouse representative, with any information requested to the best of the customer’s ability and knowledge. Withholding important information for the purpose of invoking the money back guarantee is prohibited.
The customer is expected to understand basic instructions that the technician provides to them over the phone (moving the mouse, mouse clicking, locating power buttons on devices, etc.).
The customer is also responsible for seeing the support process through to its completion.
Customer agrees to indemnify, defend, and hold harmless FocusMouse and its employees from and against any claims, damages, liabilities, costs, fines, penalties and expenses (including attorney and other professional fees and costs) arising out of or relating to (a) Customer use or misuse of any Software and/or Services; (b) Customer violation of the FocusMouse Terms of Service; (c) Customer violation of any rights of a third party; or (d) any other negligent or intentional misconduct by Customer. FocusMouse retains the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customers is required to cooperate in asserting any available defenses.
Custom Designed Software
FocusMouse may use custom designed software and scripts to assist in resolving an issue, reporting data system information, or automating a task. Such software may be manufactured by FocusMouse or manufactured by a Third-party (see section titled “Third-party Software”). To the best knowledge of FocusMouse, the software is fully licensed and breaks no laws when it is used on a customer’s device.
FocusMouse is not responsible for the unlikely scenario of such software causing damage to your device’s hardware or software. How the technician proceeds if this occurs is at the discretion of the support technician, supervisor, and/or manager.
FocusMouse may accept End User License Agreements on your behalf – for any FocusMouse designed software.
Oftentimes, FocusMouse will use “third-party software” to assist in resolving an issue. “Third-party software” is software that is not manufactured by FocusMouse. Examples of this software are virus and malware removal tools. To the best knowledge of FocusMouse, the software is fully licensed and breaks no laws when it is used on a customer’s device.
FocusMouse is not responsible for the unlikely scenario of third-party software causing damage to your device’s hardware or software. How the technician proceeds if this occurs is at the discretion of the support technician, supervisor, and/or manager.
FocusMouse may accept End User License Agreements on your behalf – for third party software and any FocusMouse branded software.
FocusMouse uses third-party remote assistance software to help resolve most customer issues. Remote assistance software allows the technician to remotely control a customer’s device to expedite the steps needed to resolve the issue.
This software is fully licensed and breaks no laws when it is used on a customer’s device.
The software installs a small piece of software on the customer’s device. While the software is typically harmless, FocusMouse bears no responsibility for unforeseen negative effects that the software has on the customer’s device.
A functioning internet connection is required on the device in which the technician intends to take remote control of. The lack of internet connectivity or a slow internet connection can make remote assistance impossible. In this scenario, the customer will need to follow the technician’s instructions to restore the device’s internet connection for the purpose of eventual remote control.
The customer bears the right to refuse a remote connection to their device. But the customer must then understand that without remote assistance, resolution of the issue will take longer and require more customer interaction.
FocusMouse also bears the right to refuse service, at its sole discretion, if a customer chooses to refuse a remote assistance connection.
Data Backup and Data Loss
FocusMouse will make their “best effort” to salvage and secure any important data on a customer’s device or notify the customer of a situation where data may be lost. However, FocusMouse is not responsible for notifying the customer of potential data loss, backing up data, the loss of any data or the failure/inability to retrieve previously backed up data, by the FocusMouse Backup Service or any other method. Unforeseen issues may occur and FocusMouse is not responsible for these situations during the course of our troubleshooting and support process. It is the customer’s responsibility to ensure that their data is properly backed up before engaging in any support or troubleshooting with FocusMouse.
The customer may cancel standard service offerings at any time. However, cancellation of a service does not necessarily entitle the customer to a refund. Please see the “Refund Policy” section for more information.
From time to time FocusMouse may offer a service option that requires a commitment, either written or verbal, to pay and/or keep the service active for a specific period of time. During this time, the customer cannot cancel the service as per the binding written or verbal agreement. Any payments required to be made must continue for the duration of the agreed upon time. At which time the agreed upon time frame has ended, the customer is allowed to cancel their service. The cancellation of service does not necessarily entitle the customer to a refund. Please see the “Refund Policy” section for more information.
The customer bears to the right to receive a refund if the service process has not yet been initiated. This implies that absolutely no steps have been taken by the FocusMouse technician to resolve the customer’s issue or to answer the customer’s question(s). If the customer receives a refund at this time, FocusMouse bears the right to refuse further service to that customer.
FocusMouse provides a “100% money back guarantee” on the initial incident. “Initial incident” implies a situation where a customer is calling in for the first time with a specific computer or technology problem or question(s). It is the responsibility of the FocusMouse technician to resolve the problem and/or answer the question(s) accurately. The technician must be allowed all opportunities to resolve the issue. What is considered “all opportunities” varies depending on the nature of the issue and will be defined at the discretion of a FocusMouse technician, agent, supervisor, and/or manager. If the technician is unable to fully resolve the customer’s’ problem, or answer the question(s) after exhausting all possible methods of a resolution, a full refund may be issued. The customer does not have the option to end support in order to receive a refund prior to FocusMouse finding a solution or exhausting all opportunities to resolve the issue. The support process must be allowed to be fully vetted in order for a refund to be considered, regardless of the reason. In a situation where FocusMouse has resolved at least one (1) issue, even if it was not the initial incident, the money-back guarantee is no longer valid and the customer is not entitled to a refund for any services – either fully or partially.
FocusMouse cannot guarantee the timeframe of how long a refund will take to credit back to a customer’s card. It is typically 5-7 business days, however, FocusMouse has no control over of the time-frame after FocusMouse has processed the refund.
The customer has the option to cancel any recurring support options. A refund for already billed services is not allowed. In the case of a cancellation, the remaining duration of the customer’s service plan will be honored and future billings will cease – the technical support service is then no longer active at the end of the last billing term. FocusMouse does not provide partial or pro-rated refunds for time unused. Refunds are not allowed in cases of a failure to resolve issues outside of the initial billing of any service option.
If FocusMouse determines that an operating system reinstall is necessary to properly fix the issue(s) at hand; a refund will not be provided if the customer chooses not to continue or if the customer does not have proper legal working copies of any software that may be installed on the device or may be required for the device to fully work properly. This includes, but is not limited to, operating systems, drivers, and applications (or “apps”).
FocusMouse must be directly contacted to cancel any ongoing service. A dispute with the customer’s credit card company or bank is not a notification of cancellation nor is it a valid reason for any credit or refund.
FocusMouse reserves the right to cancel, refund or suspend service for any reason. In cases of service cancellations, FocusMouse will fairly assess the situation and provide refunds when appropriate.
Failure of the data backup process, failure of data to be properly backed up, or any other data loss or retrieval issue is not grounds for the refund of any support service.
Failure of hardware, components, and accessories after the initial incident are not grounds for a refund. FocusMouse will continue to support any other current technology or replacement technology. Future forfeiture of any customer hardware is also not grounds for a refund of any service fees paid either fully or partially.
Terms of service
Updated on 2018-09-14T22:23:03-05:00, by .