Terms of service
These terms (the “Terms”) govern your use of our Services at “Top Business Solutions” and any computer support services provided either by telephone or computer (the information technology support services are referred to as the “Services”) provided by Top Business Solutions, and contractors (“PROVIDER”, “Top Business Solutions,” “we” or “us”). By accessing, ordering or using the Services via telephone or online, you (“You” or “Your”) and other users of the Services (collectively, “CLIENT”,”Users”) agree to these Terms. If You do not agree to these Terms, You may not access or use the Services.
1. Terms of Use
We provide You with access to and use of the Services subject to Your compliance with the Terms. Top Business Solutions reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy of Top Business Solutionspr.com, (d) You will comply with all laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to Top Business Solutions is correct and complete, and (f) any payment or credit card information You supply is correct.
2. Authorization to Access your Computer
You acknowledge that by your use of the Services you are authorizing Top Business Solutions to access and control your computer for the purposes of support, diagnosis, service and repair of your systems.
In connection with delivering the services, Top Business Solutions may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant Top Business Solutions the right to connect to your computer, download and use software on your computer to gather system data, take remote control of your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that Top Business Solutions has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.
3. Customer responsibility
You understand and agree that it is your responsibility to back up the data, software, information or other files stored on your computer disk and/or drives to prevent loss or corruption of information or data prior to permitting Top Business Solutions to access your computer. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your computer and storage media before ordering the services. You acknowledge and agree that Top Business Solutions or its referral contractors have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. Top Business Solutions does not provide backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
You agree to remain beside your PC at all times while Top Business Solutions is providing the Services. If you leave your PC at any time during the provision of the Services, you must notify Top Business Solutions of the same and terminate the Services. As a condition for the use of the Services, you acknowledge that you are responsible for and have at all times during the provision of the Services installed all necessary virus protection software on your PC to avoid any loss/corruption of data, computer files and hard drive as a result of spyware or any computer viruses that may result in the deletion/corruption of data.
You must cooperate with Top Business Solutions and promptly respond to our requests for information and comply with our requests to take actions to resolve Your personal technology problem. You must consent to the downloading and use of Software on Your personal computer and accept all applicable license agreements for the Software.
Top Business Solutions does not take any responsibility for any data that could be on any hard drives, memory drives, peripherals or any other device. Top Business Solutions will attempt to back up or recover existing data but cannot be held responsible for any loss of data, whether it be by accident or intended. If necessary, Top Business Solutions may delete some or all files (data and software programs) in order to make the multifunctional devices included in the contract function properly.
While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.
4. Services
Top Business Solutions provides the service of remotely assisting you to repair/service your multifunctional equipment in accordance with the terms and conditions as stipulated hereunder. You may initiate the Services via telephone or other means made available by Top Business Solutions. Top Business Solutions will use reasonable efforts to ensure the functionality of the Multifunctional device. Also, Top Business Solutions will do all its effort to provide the Services on a reasonable period of time. Upon receiving the telephone call or email, e Connect may provide certain portions of the Services via remote control session, online chat, e-mail or phone. We may set forth limits to the personal technology we support. Certain Services may have minimum system requirements.
Top Business Solutions may, at its sole discretion, modify, add or remove any feature of the Services from time to time without prior notice. Top Business Solutions maintains reasonable technical safeguards to protect the security of your data in the course of providing the Services. However, Top Business Solutions does not warrant that your use of the Services is risk-free. Top Business Solutions does not warrant the security and/or confidentiality of your data against any interception or access and will not be responsible for any theft, illegal activity or other unauthorized acts resulting in damage to you and/or your computer, data or other property as a result of your use of the Services. You acknowledge that in the course of the provision of the Services, Top Business Solutions and its third party supplier (“Supplier”) may be required to reproduce and/or otherwise use data received from your personal computer (“PC”) and you hereby grant Top Business Solutions a royalty free license to do so.
5. Disclaimer
You Acknowledge That Top Business Solutions’ ability to access your PC remotely is made possible via the Internet (through an Internet Service Provider) which you are responsible for maintaining at all times. You expressly agree and understand that the use of the Services is at your sole risk. Top Business Solutions does not make any warranty, express or implied, including without limitation any implied warranty, fitness for a particular purpose, regarding the actions or omissions of third parties and services provided by third parties or claims that the Services do not infringe the rights of third parties relating to the use or performance of the Services or related technology. Top Business Solutions shall not be liable for any injury or damage to you or any persons using the Services, including, but not limited to, personal injury or property damage, loss of profit, loss of data, loss of use or other special, incidental or consequential damages, arising out of the use or performance of the Services.
6. Release of liability
To the fullest extent permitted by applicable law, you hereby release Top Business Solutions from any and all liability arising from or related to the use of the Services and related technology.
7. Access, Collection and Use of Data (Non-Personal Information)
In the course of providing this service, Top Business Solutions may collect the following information encrypted in a data log file sent back to Top Business Solutions: Session Log – A log or recording of actions from the technician may be captured. Date / Time – Date and time that a session started and ended. In the course of providing this service, Top Business Solutions may access your serial numbers. Top Business Solutions may also monitor or record Top Business Solutions sessions, which could include your telephone call and screen shots of your system, which may involve the inadvertent collection of your personal information. Top Business Solutions will only use this information for quality control purposes and will only retain it for a limited period of time. e Connect uses a variety of security technologies and procedures to help protect personal information from unauthorized access, use, and disclosure.
8. Modification
This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
9. Waiver
Performance of any obligation required of a party there under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
10. Disclaimer of warranties
You understand and agree that except as expressly set forth above, the services (including, without limitation, all advice, content, and software) are provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranties concerning the availability, accuracy, completeness, usefulness of the services, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Top Business Solutions does not warrant that the services will be timely, secure, uninterrupted, error free, or successful in resolving your question or multifunctional equipment problem. Top Business Solutions makes no warranty that the services will meet users´ expectations or requirements. No advice, results, content or materials whether oral or written, obtained by you from the services shall create any warranty. Any content or software that you access, download or use with the services is done at your own discretion and risk and you agree that you will be solely responsible for any damage that results from such activities.
11. Use of Software and Tools
Top Business Solutions may need to download and/or run software on Your personal computer to help diagnose and resolve your personal technology problem. Top Business Solutions uses several types of software: the first type provides computer system information to Top Business Solutions which helps us diagnose and resolve issues related to your multifunctional equipment, the second type allows Top Business Solutions to remotely control Your computer and modify its settings or software.
12. Registration, Passwords and Security
You are responsible for maintaining the confidentiality of any password or account information You receive from Top Business Solutions and are responsible for all activities that occur using that password or other account information. You must notify Top Business Solutions immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Top Business Solutions has no liability for any unauthorized use of the Services under Your account or on Your computer.
13. Service Availability
The Services will be provided Monday to Friday from 8:00 am to 5:00 pm. excluding the following days and holidays: January 1st to January 7th, Holy Friday, July 4th, Labor Day, Memorial Day, Thanksgiving day, Christmas Eve and Christmas Day. The Services may not always be available due to system maintenance or Internet service disruptions.
14. Use of the Services
You may not sell, lease or rent access to or use of the Services. You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and non-commercial purposes. The rights granted to You in connection with the Services constitute a license and not a transfer of title. Top Business Solutions reserves the right to revoke the authorization to view, download and print the Content available at any time, and any such use shall be discontinued immediately upon notice from Top Business Solutions. Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Top Business Solutions. Any rights not expressly granted herein are reserved by Top Business Solutions.
15. Modification to the Services
We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so.
16. Term
This Agreement will automatically renew for additional terms unless You cancel Your subscription through the website, or either party provides the other party with written notice of non-renewal, before the end of the existing Schedule Term. If any contract or pricing revision emerges before the renewal term, Top Business Solutions will notify You within 30 days before the end of the existing Schedule Term. You may respond or send a written notice of non-renewal before the end of the existing Schedule Term.
16. Termination by Customer
You may cancel this agreement at any time through the website or by submitting a written notice to info@topbusinesspr.com. Refunds will be provided if a cancellation is requested during the first 72 hours of the Schedule Term in a prorated basis. You acknowledge and agree that upon termination Top Business Solutions may immediately delete all related information and files in your user account and/or bar any further access to the services upon termination.
16. Termination by Top Business Solutions
Top Business Solutions reserves the right to cease providing the services for any reason at any time and instead refund the fees paid for the applicable services for the time period, if any, after termination of the services. If you breach the terms or customer responsibilities the contract will be cancelled, and no refund will be provided.
Other than providing a refund when we terminate for our convenience, Top Business Solutions will not be liable to you or any third-party for termination of the services for any reason. You acknowledge and agree that upon termination Top Business Solutions may immediately delete all related information and files in your user account and/or bar any further access to the services upon termination.
17. Indemnity
You agree to defend, indemnify and hold Top Business Solutions, its directors, officers, employees, agents, contractors and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from or related to your use of the services or your violation of the terms.
18. Limitation of liability
In no event shall Top Business Solutions, its suppliers, or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the services, software, content or your personal computer and other technology including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Top Business Solutions has been advised of the possibility of such damages.
In no event shall the total liability of Top Business Solutions to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the services, software or content exceed the greater of the amount paid for the services at issue or $100.00 USD.
19. Electronic Communications
You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
Notices and communications to Top Business Solutions must be sent to the applicable address given in these Terms or to: info@topbusinesspr.com
20. General Information
This version of the Terms is effective as of January 1, 2025. The Terms together with the Privacy Policy constitute the entire agreement between You and Top Business Solutions and govern Your use of the Services, superseding any prior or contemporaneous, oral or written representations, communications, understanding and agreements between You and Top Business Solutions with respect to the subject matter hereof, all of which representations, communications, understanding and agreements are herby canceled to the extent they are not specifically merged herein. The failure of Top Business Solutions to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Top Business Solutions’ express written consent. The Terms inure to the benefit of Top Business Solutions’ successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
21. Controlling law
These terms of use shall be governed and construed in accordance with laws of Puerto Rico and each party agrees to submit to the exclusive jurisdiction of the courts of Puerto Rico as regards any claim or matter arising under this Agreement. Nothing in these Terms and Conditions shall be construed to create any duty to, standard of care with respect to, or any liability to any person who is not a party to this Terms and Conditions. Without limiting the generality of the foregoing, a party who is not a party to this Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) to enforce any provisions of this Terms and Conditions.