Enquiries +65 8756 7928 / Support +65 8756 7927
TERMS OF SERVICE FOR
WIFI TUNEUP, DATAHOME TUNEUP, HOMESAFE
1. Availability of Services
1.1 Guru Ventures Pte Ltd (“WiFi Guru”) provides home IT support services including WiFi TuneUp, DataHome TuneUp, HomeSafe each of which is a service described on the WiFi Guru website at https://www.wifiguru.asia (each a “Service”) to approved subscribers of a Service (each a “Customer”).
1.2 Standard support hours are 9:30am to 5:30pm, Monday through Friday, UTC +8 (Singapore).
1.3 If support is provided outside the standard support hours there will be a charge at 1.5 times the standard WiFi SOS rate. Onsite visits outside standard support hours will incur a travel charge.
2. Onsite Services
2.1 Onsite services shall be provided to the Customer’s covered technology as needed to resolve technology support issues that could not be solved using remote (including phone, chat, videoconferencing) or online technical support. WiFi Guru reserves the right to exhaust all remote or online technical support options it deems reasonable before activating onsite technical support services.
2.2 WiFi Guru retains sole discretion regarding scheduling of onsite services. WiFi Guru reserves the right to use contracted third party consulting service providers for onsite services.
3. Guru Design Services
3.1 Our professional services team takes on projects that involve consultation, design, planning and integration for home IT networks and systems that are suited to our Customers requirements (this is “Guru Design Services”.
3.2 Each Customer project is carefully planned and documented to ensure the project goes as planned. WiFi Guru will invoice Customers for Guru Design Services at a rate agreed to by WiFi Guru and the Customer.
4. Optional Services
4.1 Optional onsite services for software, hardware, installations, training, data management and other support services outside the scope of the Services are available on an hourly basis. Additional service charges will apply and will be quoted on a case-by-case basis. Billing will be handled by WiFi Guru and charged to the same account provided by the Customer for the Services.
5. Third Party Service Providers
5.1 Services provided by third party providers (such as Internet Service Provider), are not under the control of WiFi Guru and WiFi Guru is not responsible for the functionality, or continuing operations of these services.
6. Period of Agreement, Renewal, and Cancellation
6.1 Subject to the exceptions below, the Customer agrees to remain a WiFi Guru customer, with at least the minimum spend set out at the start of the agreement, for a period of at least twelve (12) months, after which the agreement will continue on a month-to-month basis. Each WiFi Guru client will be automatically renewed for another customer term monthly, at the same plan type, unless the Customer gives WiFi Guru thirty (30) days’ notice that the Customer elects not to renew the agreement.
6.2 The Customer must contact WiFi Guru via enquiries@wifiguru.asia to receive a WiFi Guru Service Cancellation Request document and complete this document and send to WiFi Guru when completed.
6.3 Refunds will not be given for cancelled accounts. Upon notice of cancellation end user support will be suspended at the end of the monthly billing cycle in which it is cancelled. If cancelled within the 12 month contract agreement period the full contract payment is required.
7. Exceptions
7.1 The Customer may terminate the agreement if WiFi Guru:
Becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
Enters into any composition arrangement with its creditors;
Has a winding up or dissolution order made;
Has a provisional liquidator appointed;
Has a manager or receiver appointed to manage the whole or any part of the WiFi Guru’s property;
Becomes a party to or enters into any composition or scheme of arrangement; or
Ceases or threatens to cease conducting business in the normal manner
7.2 WiFi Guru reserves the right to terminate any agreement at its sole discretion, without reason, or penalty at any time.
8. Disputes
8.1 If there is any dispute between the parties concerning this agreement, then the parties must attempt to resolve any such dispute by the dispute resolution procedure set out herein before resorting to alternative avenues, including litigation.
8.2 The dispute resolution process is as follows:
If a party believes that a dispute has arisen, it must serve a dispute notice on the other party;
The dispute notice must state that a dispute has arisen and identify in sufficient detail what the dispute is;
the dispute notice must be provided to the other party following receipt of which the respective parties shall meet or hold a telephone conference within a period of seven (7) days to seek to resolve the dispute.
8.2 Failing resolution by the parties’ the parties may jointly request to seek mediation.
8.3 If the dispute is settled, all parties must sign the terms of agreement and those terms are binding on the parties.
8.4 Any mediation undertaken by the parties is confidential and statements made by the mediator or the parties as well as discussions between the participants to the mediation before, after or during the mediation cannot be used in any legal proceedings.
8.5 It shall be a term of the engagement of the mediator that the parties release the mediator from any Court proceedings relating to the dispute or the mediation.
9. Customers Non-Transferable
9.1 WiFi Guru customers, and all rights of the Customers to receive the Services, are non-transferable.
10. Warranties
10.1 Each party warrants to the other party that each of the following statements is true, correct and accurate:
The party has the power and authority to enter into and perform its obligations under this agreement;
This agreement constitutes a legal, valid and binding obligation of the party enforceable in accordance with its terms;
The party is not insolvent and no receiver has been appointed over any part of its assets and no such appointment has been threatened;
Entry into this agreement will not breach any legislation or regulation.
10.2 WiFi Guru warrant that in performing the Services we will use reasonable skill and care.
11. Limitation of Liability
11.1 The Customer’s sole remedy against WiFi Guru for any Services that do not comply with the warranty in clause 10.2 will be for WiFi Gurus, at our option, to:
(a) re-perform such Services; or
(b) refund the Fees paid by you for the relevant Services.
11.2 WiFi Guru and the Customer acknowledge and agree that the Services are undertaken for personal purposes and that the guarantees provided under the Consumer Protection (Fair Trading) Act (Cap. 52A) apply.
11.3 The Customer acknowledges that, except as expressly provided in these Terms and Conditions, WiFi Guru give no warranties or representations in relation to the Services, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result.
11.4 During the course of performing the Services, WiFi Guru may express opinions or beliefs to the Customer about:
(a) the effectiveness of various courses of action;
(b) technology capability, availability or trends at the time of performing the Services;
(c) or about the results that might be anticipated.
The Customer acknowledges that such statements are expressions of opinion only, and will not constitute any promises or guarantees.
11.5 The Services are provided to the Customer. We have no liability to any person other than you the Customer in relation to the Services.
11.6 To the fullest extent permitted by law, WiFi Guru accepts no duty of care to any third party in connection with the provision of the Services.
11.7 WiFi Guru acknowledges that the Services are performed by WiFi Guru, and that none of our officers, employees or affiliates will have any liability to you for any matter arising from the Services. This clause 11.7 is inserted for the benefit of such officers, employees and affiliates and may be enforced by them against you.
11.8 In no event will WiFi Guru be liable (whether in contract, tort including negligence, or otherwise) to the Customer for:
(a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
(b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, arising directly or indirectly out of this agreement.
11.9 If WiFi Guru is liable to the Customer (or any others for whom the Services are provided) under this agreement or otherwise in connection with the Services, for loss or damage (including interest and costs) to which any other persons have also contributed, WiFi Guru’s liability to the Customer shall be several, and not joint with such others, and shall be limited to our fair share of the total loss or damage which is agreed between us or ascribed to us by a court or tribunal of competent jurisdiction based on our contribution to the loss and damage relative to the others’ contributions. No exclusion or limitation on the liability of other responsible persons imposed or agreed at any time shall affect any assessment of our proportionate liability hereunder, nor shall settlement of or difficulty enforcing any claim, or the death, dissolution or insolvency of any such other responsible persons or their ceasing to be liable for the loss of damage or any portion thereof, affect any such assessment.
11.10 WiFi Guru’s maximum liability to the Customer arising out of any and all claims under this agreement or relating to the Services, will not in any circumstances exceed the Fees payable by the Customer to WiFi Guru for the Services and actually paid before the date such liability first arose.
11.11 The Customer may not bring any proceedings under the Agreement in relation to:
(a) any act or omission of us; or
(b) any breach by us of the Agreement,
more than 12 months following termination of the Agreement.
11.12 None of the exclusions or limitations set out in these Terms and Conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
12. Force Majeure
12.1 In the event WiFi Guru’s delivery of the Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labour difficulties; computer “hacking” attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond WiFi Guru’s reasonable control, then WiFi Guru shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
13. Modifications to Terms of Service
13.1 WiFi Guru reserves the right to amend these Terms of Service that govern use of the Services at any time by sending information regarding any amendment to these Terms of Service to the email address provided by the Customer.
13.2 The Customer’s continued use of the Services shall be deemed acceptance by the Customer of the amended Terms of Service.
14. Fair Usage Policy; Suspension or Termination of Clients
14.1 While WiFi Guru has set no fixed upper limit on the amount of remote or online support requests a Customer may make annually, each Customer’s use is subject to WiFi Guru’s “fair use” policy. Under this policy, if at any time, in WiFi Guru’s sole discretion, the Customer’s use exceeds the level of use reasonably expected from someone using the service, then WiFi Guru reserves the right to suspend or terminate the Customers Services. In addition, WiFi Guru reserves the right to suspend or terminate any Services of any Customer that WiFi Guru, in its sole discretion, determines are being used (a) fraudulently and (b) by any person other than Customer.
15. General
15.1 WiFi Guru and and/or its third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time. If any provision of these Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. WiFi Guru’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
16. Billing
16.1 WiFi Guru requires monthly payments be paid using the WiFi Guru provided third party direct debit service. WiFi Guru requires an amount equal to the monthly invoice for service to be paid in advance in addition to the first month’s payment upon signing of the agreement. In the event of termination this amount will be credited towards the final month of service.
16.2 Any late payments for invoiced services beyond the 20th of the month will be applied a daily late charge based on an annual rate of 15% of the amount outstanding. Non-payment will result in temporary stoppage of services; Customers will have 30 days to make payment or services will remain suspended until all payments are made in full. In the event payment is not received within 60 days client will forfeit the last month’s payment and all WiFi Guru services will be removed from the Customer's network. All outstanding invoices will be owed in full.
16.3 The Customer agrees to be billed the first of each month, using the billing information provided, for a period of the contract. The billing will begin as of the date of the first service delivery. Customer understands and agrees that the relationship with Customer will be managed according to the Terms of Service. In the case that the Customer begins receipt of Services mid-month, the Customer will be invoiced for the part there of the month in which the agreement has commenced. Full billing will begin from the beginning of the following month.
17. Fees and Pricing
All price changes will be given with 30 days’ notice to the client
All pricing is in Singapore Currency.
All prices do not include GST.
All Credits issued by WiFi Guru must be used within 12 months of purchase.
18. Privacy
18.1 WiFi Guru is committed to maintain the security and confidentiality of the personal information held by us. The WiFi Guru Privacy Policy describes how we look after the personal information we obtain or you provide us with when you use our Website (https://www.wifiguru.asia), online services, mobile applications (“collectively, the “Sites”), and when you sign-up and use our products and services.
18.2 The Customer acknowledges and agrees to the WiFi Guru Privacy Policy.