May 13, 2016

Terms and Conditions

Ondiway LLC is an independently owned and operated company.

Congratulations on purchasing this Guarantee. Please read these Terms and Conditions carefully so that You fully understand Your coverage under this Guarantee.

Please also review the Order Summary or purchase receipt provided to You at the time You purchased this Guarantee. The Order Summary defines the Covered Product, Coverage Amount and the Coverage Term of this Guarantee.

1.  DEFINITIONS:

"We", "Us" and "Our" shall mean the obligor of this Guarantee, Ondiway LLC

"You", "Your" shall mean the individual or entity who purchased this Guarantee or the individual or entity to whom this Guarantee was properly transferred in accordance with these Terms and Conditions.

The following terms are used in the Order Summary

Guarantee Price: The price You paid for this Guarantee.

Coverage Start Date: This is the date when coverage starts under this Guarantee.

Coverage End Date: This is the date when Guarantee coverage ends, subject to earlier termination pursuant to the terms of this Plan.

Waiting Period: This is the amount of time, varying from zero (0) to thirty (30) days, between the Guarantee purchase date and the Coverage Start Date, during which if any issues occur, they are considered pre-existing conditions and render the item ineligible for coverage under this Guarantee. A Waiting Period applies to Guarantees purchased for refurbished items and Guarantees purchased subsequent to the purchase of Your Covered Product. Any applicable Waiting Period does not affect Your coverage under any manufacturer's warranty. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage We will cancel Your Guarantee and provide You with a full refund of the Guarantee Price.

Coverage Term or Term: This is the years of coverage, varying from one (1) to five (5) year(s), You receive under this Guarantee, starting on the Coverage Start Date which begins after any Waiting Period. The Guarantee is inclusive of any US manufacturer's warranty that may exist during the Coverage Term. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. The Term of this Guarantee is extended for the duration of any time that the item is being repaired under this Guarantee.

Covered Product or Product: The product or type of product covered by this Guarantee.

Coverage Amount: The purchase price of the Covered Product.

Coverage Type: This defines the level of coverage You purchased, such as whether Your Guarantee includes Optional Coverage, such as Accidental Damage from Handling (ADH) coverage.

Deductible: The applicable deductible, if any, for claims.

2.  COVERAGES AND TERMS:

This Guarantee will cover a mechanical or electrical failure of the Covered Product(s) in subsections A, B, C and D below during normal usage for the Term of this Guarantee. This Guarantee is inclusive of any manufacturer's warranty that may exist during the Coverage Term. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option.

This Guarantee does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 9, "WHAT IS NOT COVERED." Specific details about Your coverage under this Guarantee are provided in the Order Summary. For online assistance and hardware troubleshooting tips, visit www.Ondiway.com or contact us at ondiwayteam@ondiway.com

A.             CELL PHONES AND TABLETS:

      i.        This Guarantee provides coverage for parts and labor costs to repair or replace Your Product where the problem is the result of a failure caused by:

1.     Normal wear and tear;

2.     Accidental damage from handling (ADH), such as damage from drops, spills and liquid damage associated with the handling and use of Your Product, if the coverage has been offered and purchased at the time of sale with your Guarantee;

3.     One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return your original defective battery to Us to receive a replacement battery;

4.     Damaged or defective buttons or connectivity ports located on Your Product;

5.     For defective pixels We will match the manufacturer's warranty for the Term of Your Guarantee. In the absence of a manufacturer's dead pixel policy, We will cover a failure of three (3) or more defective pixels within a one square inch area of the display;

6.     Dust, internal overheating, internal humidity/condensation;

7.     Defects in materials or workmanship;

8.     Operational failure resulting from a power surge while properly connected to a surge protector. You may be asked to provide Your surge protector for examination.

B.             LAPTOPS, DESKTOPS and ALL OTHER PRODUCTS:

      i.        This Guarantee provides coverage for parts and labor costs to repair or replace Your Product where the problem is the result of a failure caused by:

1.     Normal wear and tear;

2.     Accidental damage from handling (ADH), such as damage from drops, spills and liquid damage associated with the handling and use of Your Product, if the coverage has been offered and purchased at the time of sale with your Guarantee;

3.     One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion, if the coverage has been offered and purchased at the time of sale with your Guarantee;

4.     One (1) bulb replacement, replacement of a faulty bulb during the first three (3) years of the Term, if the coverage has been offered and purchased at the time of sale with your Guarantee;

5.     For defective pixels We will match the manufacturer's warranty for the Term of Your Guarantee. In the absence of a manufacturer's dead pixel policy, We will cover:

1.             Six (6) or more defective pixels for displays up to 17";

2.             Eight (8) or more defective pixels for displays greater than 17".

6.     Dust, internal overheating, internal humidity/condensation;

7.     Defects in materials or workmanship;

8.     Operational failure resulting from a power surge while properly connected to a surge protector. You may be asked to provide Your surge protector for examination.

3.  OPTIONAL COVERAGES:

a.     ACCIDENTAL DAMAGE FROM HANDLING (ADH):

If You were offered and elected to include accidental damage from handling (ADH) as an integral part of Your coverage, it augments Your Guarantee by providing additional protection for damage from drops, spills and liquid damage associated with the handling and use of Your Product.

ADH does not provide protection against theft, loss, reckless, or abusive conduct associated with handling and use of the product, cosmetic damage and/or other damage that does not affect unit functionality, or damage caused during shipment between You and Our service providers.

b.     BULB COVERAGE:

If You were offered and elected to include Bulb Coverage on Your rear-projection or DLP Television, Your Guarantee shall also include up to one (1) replacement of a faulty bulb during the first three (3) years of the Coverage Term. You will be responsible for installing the replacement bulb, which We will provide to You in most occurrences. If, at Our discretion, We do not provide You with a replacement bulb, We will reimburse You for the cost of the bulb. Bulb Coverage will terminate either at the end of three (3) years or when You have received a replacement bulb or reimbursement for the cost of a replacement bulb from Us, whichever occurs first. You may be required to return the defective bulb to Us.

c.     BATTERY COVERAGE:

If You were offered and elected to include Battery Coverage on Your Product, Your Guarantee shall also include up to one (1) battery repair or replacement during the first two (2) years of the Coverage Term, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return Your original defective battery to Us to receive a replacement battery. Battery Coverage is only available for Covered Products that are new or newly manufacturer refurbished.

4.  WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE:

File a claim online at www.Ondiway.com or contact us at ondiwayteam@ondiway.com and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, You will be directed to an authorized service center.

5.  HOW WE WILL SERVICE YOUR PRODUCT:

Depending on the Product and failure circumstances, at Our discretion, We will either:

a.     Repair Your Product, or;

b.     Provide a cash settlement or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount, or;

c.     Replace Your Product with a product of like, kind, quality and functionality.

6.  PLACE OF SERVICE:

At Our discretion, large items will receive on-site service. Within five (5) business days of determining Your Product requires on-site service, We will assign You an authorized service center technician and arrange to repair or replace the Product at Your location during normal business hours. If We fail to have an authorized service center technician assigned within five (5) business days, We will continue to service Your Product and the cost of Your Guarantee will be refunded to You at Your request. On-site service may occasionally necessitate the authorized service center technician to bring the Product back to their shop to complete repairs.

For shippable items, We will provide a free prepaid shipping label to Our authorized service center for repair, replacement or settlement. You will be responsible for safe packaging and shipment of Your Product. If, upon inspection, Your Product is determined to have experienced a failure which is covered by Your Guarantee, We will service Your Product, in accordance with Section 5, "HOW WE WILL SERVICE YOUR PRODUCT", within five (5) days of our authorized service center's receipt of Your Product. If We fail to repair, payout or replace the Product within five (5) business days of receiving it, We will continue to service Your Product and the cost of Your Guarantee will be refunded to You at Your request. If the authorized service center determines Your Product is in working condition or is not covered by Your Guarantee, We will return Your Product to You or dispose of it at Your request.

7.  LIMIT OF LIABILITY:

The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Guarantee shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under this Guarantee.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

8.  YOUR RESPONSIBILITIES:

a.     Provide Us with a complete copy of proof of purchase. You can send Us a digital copy through www.Ondiway.com and We can store it for You, or You can provide such proof of purchase at time You make a claim.

b.     Purchase the correct Ondiway Guarantee for Your Product based on condition, price or purchase location.

c.     Properly maintain, store and use Your Product according to the manufacturer instructions.

9.  WHAT IS NOT COVERED:

a.     Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Guarantee;

b.     Intentional damage;

c.     Lost, stolen, or irretrievable items;

d.     Any product that is fraudulently described or materially misrepresented;

e.     Any product purchased outside of the US or territories;

f.      Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer's specifications and owner's manual, including, but not limited to, exposure to weather conditions, rust, corrosion, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product;

g.     Defects due to the initial installation, assembly or hookup of Your Product;

h.     Normal wear and tear which does not result in a covered failure;

i.      Cases wherein the manufacturer acknowledges the existence of a valid manufacturer's warranty and denies a claim against the manufacturer's warranty;

j.      Damage covered under any insurance policy, any other warranty or any other service contract;

k.     Claims made under any improperly or incorrectly purchased Guarantee;

l.      Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality or the covered product;

m.    Damage, dismantling or reinstalling fixed infrastructure of cabinetry when removing or returning a repaired or replaced Covered Product into a custom installation;

n.     Television or personal computer monitor screen imperfections, including "burn-in" or burned CRT phosphor;

o.     Accidental damage, cracked or damaged monitor, laptop or display screens, liquid damage, lost buttons or knobs etc., unless optional accidental damage from handling (ADH) coverage was offered and purchased at the time of sale with Your Guarantee;

p.     Projector or rear projection TV bulbs unless Bulb Coverage has been offered and purchased at the time of sale with Your Guarantee;

q.     Consumer replaceable or consumable batteries unless Battery Coverage has been offered and purchased at the time of sale with Your Guarantee;

r.      Consumer replaceable or consumable items such as but not limited to toner, ribbons, ink cartridges, drums, belts, printer heads, belts, blades, strings, trim etc.;

s.     Accessories, such as remote controls, or supplies used in conjunction with the Covered Product. Components not contained within the housing of the Covered Product, such as keyboards, mouse, speakers, modems, wiring, plumbing, piping, etc.;

t.      All equipment intended for heavy commercial or industrial use such as industrial printers or IT equipment; riding mowers or backhoe type products;

u.     Product(s) with removed or altered serial numbers;

v.     Manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);

w.    Damage to computer hardware, software and data caused by, including, but not limited to, viruses, application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data;

x.     Failures related to shipping damage, cleaning, preventive maintenance, "No Problem Found" diagnosis, intermittent and non-intermittent issues that are not product failures (such as poor cell phone reception);

y.     Stains, water marks or rings on furniture caused by consumable beverages, smoke or other materials deemed by Us to be caustic;

z.     Items sold in a private sale (e.g. flea market, yard sale, estate sale, craigslist).

10.                NO LEMON POLICY:

If Your Covered Product has two (2) service repairs completed for the same problem and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Covered Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product's original purchase price.

11.                FREE SHIPPING:

This Guarantee covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.

12.                WORLDWIDE SERVICE:

The coverage provided in this Guarantee also applies when You travel outside of the United States. If Your Product needs repair while traveling abroad, You may file a claim online at www.Ondiway.com to obtain a claim authorization number. At this time You will be instructed on how to proceed to obtain service and You will also receive a fax number and an email address for You to submit Your service repair invoice to Us after the repair is completed. Once You have obtained Your claim authorization number, You will need to carry Your Product into a service center and then submit to Us a copy of the detailed service repair invoice that identifies Your Product, the claim authorization number, and includes a thorough description of the repair made. This documentation should be faxed or emailed to Us and We will reimburse You within five (5) business days of receipt of all necessary paperwork, provided a covered repair was performed.

13.                TRANSFER OF GUARANTEE:

This Guarantee is non-transferable.

14.                CANCELLATION:.

We may cancel this Guarantee at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Guarantee, You will receive a pro rata refund. If this Guarantee was inadvertently sold to You on a product which was not intended to be covered by this Guarantee, We will cancel this Guarantee and return the full purchase price of the Guarantee to You. Written notice which includes the effective date of cancelation and reason for cancellation, will be mailed to You at least thirty (30) days prior to termination. If We cancel this Guarantee for nonpayment then We will provide notice at time of cancellation.

15.                ARBITRATION:

Any controversy or claim arising out of or relating to this Guarantee, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this Arbitration provision, We both give up the right to resolve any controversy or claim arising out of or relating to this Guarantee by a judge and/or a jury. Prior to filing any arbitration, We jointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us. If You are successful in obtaining an arbitration award against us greater than $500, We agree to pay all arbitrator fees and expenses.

We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other. The laws of the state of California (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Guarantee and all transactions contemplated by this Guarantee, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Guarantee. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.

16.                GUARANTEE:

This is not an insurance policy.

17.                ENTIRE CONTRACT:

Unless amended by the State Specific Provisions or revised by Us with at least thirty (30) days advance written notice to You, this Guarantee sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.

State Variations:

The following state variations shall apply if inconsistent with any other terms and conditions.

Arizona: Section 9 (A) "What is Not Covered" of these Terms and Conditions is deleted in its entirety.

CaliforniaIf You decide to cancel Your Guarantee for a product other than a home appliance or electronics item within sixty (60) days after the receipt of the Guarantee You will be refunded the full price paid for the Guarantee. If You decide to cancel your Guarantee for this type of item after sixty (60) days after the receipt of the Guarantee You will receive a pro-rated refund based on the time remaining on Your Guarantee. All Guarantees for home appliance or home electronics are covered by the "Cancellation" section of the Guarantee. Arbitration: For California residents the Arbitration provision is amended to state the following: (1) Pursuant to California Civil Code sections 51.7 (Ralph Civil Rights Act) and 52.1 (Bane Civil Rights Act), the option to enter into Arbitration is solely at the discretion of the contract holder; (2) if Arbitration is elected, this does not waive the right of California consumers to file and pursue civil action or complaint; (3) if any statement found within this contract contradicts this section, this section shall take precedence. To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, California, 95834, or You may visit their website at www.bear.ca.gov.

Connecticut: Resolution of Disputes: If You purchased this Guarantee in Connecticut, you may pursue arbitration to settle disputes between You and the provider of this Guarantee. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Guarantee. You have the right to cancel this Guarantee if You return the product or if the product is sold, lost, stolen, or destroyed. If We cancel this Guarantee, written notice including effective date and reason for cancellation will be mailed to You electronically or by U.S. Mail at least 30 days prior to termination.

Florida: The rates charged to You for this Guarantee are not subject to regulation by the Florida Office of Insurance Regulation.

Georgia: Cancellation will comply with Section 33-24-44 of the Georgia Code. Failure to refund in accordance with the aforementioned Section will make Us liable for penalty equal to 25% of refund and interest of 18% per annum until refund is paid, not to exceed 50% of refund. The waiting period will not exceed 30 days. Arbitration is non-binding. Section 9 (A) "What is Not Covered" of these Terms and Conditions is deleted in its entirety and replaced with the following: Any and all pre- existing conditions known to You that occur prior to the Coverage Start Date of this Guarantee.

Nevada: This Guarantee is not renewable. If We cancel this Guarantee for nonpayment by You, then We will provide notice at least 15 days prior to the effective date of cancellation. We may cancel this Guarantee at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. Prior approval of service should be obtained as outlined in the "WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE" or "WORLDWIDE SERVICE" sections of the Guarantee. Section 15 "Arbitration" of these Terms and Conditions is deleted in its entirety. 
Waiting Period: This is the amount of time from the Guarantee Purchase Date during which if any issues occur, they are considered pre-existing conditions and render the item ineligible for coverage under this Guarantee. To see the length of the Waiting Period, please refer to the ORDER SUMMARY at the top of the first page of this Guarantee.

Oklahoma: This Guarantee is not issued by the manufacturer or wholesale company marketing the product. This Guarantee will not be honored by such manufacturer or wholesale company. The Oklahoma Service Agreement statutes do not apply to commercial use references in Guarantee contracts. Coverage afforded under this Guarantee is not guaranteed by the Oklahoma Insurance Guaranty Association. If You cancel after the first thirty (30) days from purchase of this Guarantee, You will receive a one hundred percent (100%) unearned pro rata refund based on the time remaining of Your Guarantee.

OregonArbitration: If You are a resident of Oregon, the following shall replace Section 15 "Arbitration" of these Terms and Conditions: Any arbitration occurring under this policy shall occur in an agreed upon location by both parties and be administered in accordance with the Arbitration Rules unless any procedural requirement of the Arbitration Rules is inconsistent with the Oregon Uniform Arbitration Act in which case the Oregon Uniform Arbitration Act shall control as to such procedural requirement. Any award rendered shall be a nonbinding award against You. Under no circumstances shall a legal proceeding be filed in a federal, state or local court until such time as both You and We first address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to this arbitration provision.

South Carolina: In the event of a dispute with the provider of this Guarantee, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201 or (800) 768-3467. This Guarantee is not an insurance contract.

Texas: The administrator for this Guarantee is Ondiway LLC  registration number 155.

Utah: Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the Covered Product at Our sole option. Coverage afforded under this Guarantee is not guaranteed by the Property and Casualty Guaranty Association. This Guarantee is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Notice of cancellation for nonpayment of the purchase price of this Guarantee will be in writing given at least ten (10) days prior to cancellation.

Washington: Section 16 of these Terms and Conditions is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the service contract provider under this contract are backed by the full faith and credit of the service contract provider, Starr Technical Risks Agency, Inc. Starr Technical Risks Agency, Inc. is located at 399 Park Avenue, 8th Floor, New York, NY 10022 and You may contact them toll-free at (855) 438-2390.

Wisconsin: The term "Guarantee" in these terms and conditions shall be understood to mean "Service Contract". THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim will be denied solely because You failed to obtain preauthorization. This Service Contract, including optional ADH coverage, does not provide coverage for intentional damage and/or pre-existing conditions that occur prior to the Coverage Start Date. Arbitration: The laws of the state of Wisconsin shall govern all matters arising out of or relating to this Service Contract. Arbitration is non-binding. Under no circumstances shall a legal proceeding be filed in a federal, state or local court until such time as both You and We first address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to this arbitration provision. Cancellation: We shall mail a written notice to You at the last-known address contained in our records at least five (5) days prior to cancellation by Us. This notice will include the effective date of and reason for the cancellation. In the event of a total loss of property covered by a Service Contract that is not covered by a replacement of the property pursuant to the terms of the Service Contract, You shall be entitled to cancel the Service Contract and receive a pro rata refund on any unearned provider fee, less any claims paid. If a claim has been made under this Service Contract, You may cancel the Service Contract and We shall refund to You one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid.

Wyoming: The provider of the service contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least ten (10) days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider or a substantial breach of duties by the service contract holder relating to the covered product or its use. Arbitration: If You are a resident of Wyoming, the following shall replace Section 15 "Arbitration" of these Terms and Conditions: At the time of any disagreement, the parties may mutually agree to submit any matters of difference to arbitration by executing a separate written agreement. Any arbitration shall be conducted within the state of Wyoming.

 

Tech Support Terms and Conditions (NOT ONDIWAY GAURANTEE SEE ABOVE)

Ondiway LLC is an independently owned and operated company.

Definition of terms used in this document

“Service” or “services” refers to the technical assistance, and/or the process of providing technical assistance, that Ondiway offers and any options therein.

“Caller” is any individual or individuals who willingly contact a representative of Ondiway. Methods of contact include, but are not limited to, telephone, email and internet chat. Communication of a Ondiway 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 Ondiway.

“Customer” also describes any individual or individuals utilizing one or more services offered by Ondiway, but who has a “caller” contact Ondiway to represent them.

“Utilization” or “utilize” is the action of a caller willingly receiving one or more of the services offered by Ondiway.

“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.

“Primary User” is any individual or individuals who spend significant time on the device or are the sole owner of the device.

Acceptance of policy

Upon utilization of one or more of the services offered by Ondiway, 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, Ondiway reserves the right to refuse service to that caller.

Modification of terms and policies

Ondiway bears the right to modify any information in this document at any time. Ondiway is not obligated to provide prior warning, or post notification, to any individual or individuals of modifications to this document. It will, however, endeavour to inform existing customers of any changes that may effect them in a timely manner.

Types of services available

All options refer to Ondiway home or consumer service options.

“Monthly 9-5 Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing monthly charge (recurring payment) for continued support for one or more computers or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Ondiway as many times as needed as long as the plan remains active from the hours of 9 a.m. to 5 p.m. (EST). This option is billed ongoing for 1 month at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. After purchase the monthly unlimited support plan cannot be canceled by the customer until a minimum of 6 months has passed since the date of purchase.  Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Ondiway will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Yearly 9-5 Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing yearly charge (recurring payment) for continued support for one or more computers or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Ondiway as many times as needed as long as the plan remains active from the hours of 9 a.m. to 5 p.m. (EST). This option is billed for 1 year at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Ondiway will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Monthly 9-9 Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing monthly charge (recurring payment) for continued support for one or more computers or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Ondiway as many times as needed as long as the plan remains active from the hours of 9 a.m. to 9 p.m. (EST). This option is billed ongoing for 1 month at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. After purchase the monthly unlimited support plan cannot be canceled by the customer until a minimum of 6 months has passed since the date of purchase.  Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Ondiway will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Yearly 9-9 Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing yearly charge (recurring payment) for continued support for one or more computers or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Ondiway as many times as needed as long as the plan remains active from the hours of 9 a.m. to 9 p.m. (EST). This option is billed for 1 year at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Ondiway will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Monthly Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing monthly charge (recurring payment) for continued support for one or more computers or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Ondiway as many times as needed as long as the plan remains active. This option is billed ongoing for 1 month at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. After purchase the monthly unlimited support plan cannot be canceled by the customer until a minimum of 6 months has passed since the date of purchase.  Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Ondiway will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Yearly Unlimited Support Plan” – a customer pays an upfront fee for technical assistance, followed by an ongoing yearly charge (recurring payment) for continued support for one or more computers or computer peripherals in which they maintain ownership of, in their home. The “unlimited” feature allows household members to contact Ondiway as many times as needed as long as the plan remains active. This option is billed for 1 year at a time and will automatically recur unless a cancellation of services is initiated. Re-occurrence of the same technical issue will be covered as long as the customer is active (current on payment, both for the initial rate and/or monthly ongoing cost) and for a period of 10 days from the original date of resolution if the account is no longer current and/or active. Any subsequent issues beyond the period of inactivity and non-payment that require additional assistance by Ondiway will be subject to additional fees; this is regardless of how similar in nature the subsequent issue(s) is/are.

“Data Backup” – a customer pays an upfront fee for cloud data backup services, followed by an ongoing monthly charge (recurring payment) for continued data backup services, which include support for all data backup service related issues or questions. This service is billed ongoing for 1 month at a time and will automatically recur unless a cancellation of services is initiated. Ondiway may utilize 3rd party software and services to provide the data backup capability. Support is typically handled exclusively by Ondiway representatives.

“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 one month at a time and will automatically recur unless a cancellation of services is initiated. Ondiway may utilize 3rd party software and services to provide the software. Support is handled exclusively by Ondiway representatives.

Fees/Payment

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 Ondiway 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 Ondiway then bears the right to refuse service to that individual or individuals.

Credit Card & Debit Card Use

Ondiway accepts all cards that have either a Visa, MasterCard, American Express or Discover card logo on them.

Any customer providing credit card or debit card information over the phone must be at least 18 years of age. If the customer does not have a credit card or debit card, the individual of whose credit card or debit card they will use must be present at the time of the call. Otherwise, Ondiway bears the right to refuse service to the caller.

If any or all of the customer’s credit/debit cards fail authorization, Ondiway bears the right to refuse services to that customer.

Ondiway may utilize “AVS”, or “Address Verification Service”, in addition to the standard credit/debit card approval methods. This supplies an additional layer of security. Customers may be denied service based on failure of the AVS check.

Ondiway may securely store credit/debit card data for billing purposes. This information is typically stored on a 3rd party secure payment gateway and Ondiway does not have access to any complete card numbers.

Technologies Supported

Ondiway supports computers and computer related devices. Computer related devices typically are referred to as “peripherals” as mentioned above. But support expands to “any technology that assists a computer 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 Ondiway if any other technologies will be added to the scope of support. Ondiway reserves the right to decline service for any issue, device, product or item for any reason at our discretion.

Responsibilities of Ondiway

It is the responsibility of Ondiway to provide customers with competent and timely solutions to their technology problem(s) once being made aware of them. Ondiway 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 Ondiway technicians are expected to perform exceptionally and timely, certain circumstances and the nature of issues can cause resolution times to vary. Ondiway does not guarantee resolution times and time of resolution is not a factor impacting any money back guarantee.

Ondiway may partner with a third party firm to provide onsite support when a situation is not able to be resolved over the phone or remotely. Ondiway is not responsible for any services rendered by the third party. Billing may be handled directly with the third party and Ondiway is not responsible for billing errors including overages, refunds, etc. when billed by the third party firm. Ondiway removes itself from all liability associated with using this third party service. Onsite services are not included in any Ondiway Unlimited Support plans and they are always separate billable services.

Ondiway services are in no way a warranty. Replacement of items such as hardware, components and accessories are not covered.

Ondiway is not responsible for obtaining, or paying for, any software, including, but not limited to, operating systems, software applications, and drivers.

Customer’s Responsibility

The customer is expected to provide the sales agent, support technician or any other Ondiway 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.

The customer is expected not to present undue burden that has a deleterious effect on Ondiway’s ability to meet its obligations towards other customers. Things that are of an undue burden include, but are not limited to, harassment and offensive language, malingering, dilatory behavior or utilization of service(s) for devices where the primary user is not the customer.

Third-party Software

Oftentimes, Ondiway will use “third-party software” to assist in resolving an issue. “Third-party software” is software that is not manufactured by Ondiway. Examples of this software are virus and malware removal tools. To the best knowledge of Ondiway, the software is fully licensed and breaks no laws when it is used on a customer’s device.

Ondiway 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.

Ondiway may accept End User License Agreements on your behalf – for third party software and any Ondiway branded software.

Remote Assistance

Ondiway 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.

To the best knowledge of Ondiway 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, Ondiway 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.

Ondiway also bears the right to refuse service, at it’s sole discretion, if a customer chooses to refuse a remote assistance connection.

Data Backup and Data Loss

Ondiway 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, Ondiway is not responsible for notifying the customer of potential data loss, backing up data, the loss of any data or the failure to retrieve previously backed up data, by the Ondiway Backup Service or any other method. Unforeseen issues may occur and Ondiway is not responsible for these situations during the course of our troubleshooting and support process. It is the customer’s responsibility to ensure that data is properly backed up before engaging in any support or troubleshooting with Ondiway.

Failure to maintain current payment for any data backup services provided by Ondiway will automatically forfeit access to existing data backups completed by the Ondiway Backup Service. Data backups will deleted upon cancellation or non-payment of services. The customer does not own perpetual rights to their backed up data. Data is only accessible through the data backup service while the customer is a current, paying data backup service subscriber. Ondiway will also cease to complete any additional data backups. Any data loss or data backups missed are not the responsibility of Ondiway.

Cancellation policy

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 Ondiway 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.

Refund policy

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 Ondiway technician to resolve the customer’s issue or to answer the customer’s question(s). If the customer receives a refund at this time, Ondiway bears the right to refuse further service to that customer.

Ondiway 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 Ondiway 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 Ondiway 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 Ondiway 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 Ondiway 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.

Ondiway cannot guarantee the time-frame of how long a refund will take to credit back to a customer’s card. It is typically 5-7 business days; but Ondiway has no control over of the time-frame after Ondiway 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. Ondiway does not provided 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 Ondiway 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”).

In the event a Ondiway repair disc is needed to properly fix the issue(s) at hand; a customer’s refusal for usage of this disc or method is not an acceptable reason for a refund.

Ondiway 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.

Ondiway reserves the right to cancel, refund or suspend service for any reason. In cases of service cancellations, Ondiway 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 or data backup service.

Failure of hardware, components and accessories after the initial incident are not grounds for a refund. Ondiway 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.

All software sales are final. No refunds are allowed once the transaction has been processed and the software license keys have been assigned to the customer via our payment and electronic fulfillment system.

 

Reservation Terms and Conditions

 

These Reservation Terms and Conditions (“Terms”) govern the placing of Reservations ("Reservation") with Ondiway (“we”, “ us”, or “Ondiway”) for our services, products and other peripherals ("Products"). Please read these Terms carefully before submitting your Reservation of any Ondiway Products. By submitting your Reservation, you agree to be legally bound by these terms.

1. Products Reservation

When placing a Reservation for Ondiway Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Ondiway shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to ondiwayteam@ondiway.com.

You acknowledge and agree that Ondiway may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Reservation, and that you will be entitled to a full refund of the purchase Price.

2. Payment

You will be charged the full reservation at the time of placing the Reservation. If Ondiway is unable to commence shipping the Products on or before the one-year anniversary of your placing the Reservation, Ondiway shall process a full refund to you. Your placing of a Reservation constitutes your express agreement to Ondiway of charging the reservation fee at such time.

3. Priority

Ondiway will provide availability of Products according to the order in which the Reservation is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer a limited number of Products to the public for marketing or other purposes. Please consult our website or our newsletter for more information about such events.

4. Delivery Schedule

Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Ondiway does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Ondiway is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.

5. Price

The purchase price ("Price") does not include taxes and other government charges, which are your responsibility. If the Price drops after you have made a Reservation, we will refund you the difference. If the Price goes up, your order is secure at the low Price. The Reservation Price is valid from the moment you place the Reservation right up to 10 days after you receive the item. To claim a refund for the difference, email us at ondiwayteam@ondiway.com.

6. Cancellation

You or Ondiway may cancel this reservation by terminating the Reservation at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Ondiway cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ONDIWAY BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT ONDIWAY IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.

8. Terms and Conditions of Sale

The purchase of the Products is subject to additional terms and conditions provided by Ondiway, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy

9. Age and Residency

You acknowledge that you are at least 18 years old, are a resident of the Unites States, and will take delivery of your Product in the United States. You acknowledge and agree that Ondiway will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.

10. Customer Information

We will use any information that we may collect about you only in accordance with our privacy policy.

11. DISCLAIMER.

ONDIWAY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY ONDIWAY WHETHER BEFORE OR AFTER YOU HAVE PLACED THE RESERVATION. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR Reservation AS DESCRIBED IN SECTION 6 ABOVE.

12. Changes to the Terms

Ondiway reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.

13. Miscellaneous Provisions

These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Georgia. You may not assign this Agreement or any of the rights granted to you here under.