With respect to any claim that any of the Services were deficient, you must notify the Company within three (3) calendar days, excluding Sunday’s and major holidays, following the Company’s performance of such Services. If you fail to give the Company written notice of such deficiency within such 3-day period, the Company will not be required to remedy such deficiency. Provided that you give Company notice in accordance with this paragraph, the Company agrees to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give the Company reasonable access to your Computer Systems and Devices covered by the Services, as well as access to your home or office premises if necessary to enable such efforts. Customer must give Total Tech Care 360 an opportunity to connect and fix the issue during the seven day warranty period. If the customer closing out the remote session Total Tech Care 360 will not be responsible for a refund. If the Company, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, then the Company, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified in Limitation of liability. Notwithstanding the foregoing, the Company’s liability to you shall be limited as specified in this Agreement.

Total Tech Care 360, in it’s sole discretion, may issue a full refund for clients who wish to cancel the transaction prior to a Total Tech Care 360 technician commencing the services. Partial refunds may be awarded to the client, at the company’s sole discretion, including but not limited to when the following conditions have been met  partial services have been provided prior to a written cancellation request being received, or if the company is unable to complete all of the services purchased.

Fees for prior months of Services are nonrefundable. If the Company is unable to remedy a deficiency in the Services pursuant to paragraph above the Company may elect to issue you a refund for the applicable deficiency based on the Services provided, in the Company’s sole discretion. If it is deemed that a refund is due, a credit will be issued to the credit card or payment device that was used to purchase Company’s Services.

Prior to commencing litigation as to any claim or dispute (a “dispute”) arising under this Agreement, each party agrees to comply with the provisions of this Section 11. The party alleging a dispute shall promptly advise the other party of such dispute in a writing which describes in reasonable detail the nature thereof (the “Dispute Notice”). The parties shall then exercise good faith efforts to resolve such dispute.

If the parties themselves are unable to resolve the dispute within 15 days following the delivery of the Dispute Notice by the party alleging the dispute to the other party (the “Dispute Date”), the parties shall then jointly select a mediator to conduct the mediation. All mediation sessions shall be held in Sheridan Wyoming or within the surrounding area or such other place as the parties may agree in writing, and all costs. Not later than 20 days after the Dispute Date, each party shall select for itself a representative who shall have authority to bind such party and shall advise the other party of the name of such representative.

In such mediation, the mediator shall review the matter with each party to assist each party to understand the strengths and weaknesses of each position and to attempt to reach a compromise for settlement of the matter. If (a) the Parties are unable to agree upon the mediator to use within 25 days after the Dispute Date, (b) mediation is not undertaken in a meaningful way within 30 days after the Dispute Date, or (c) any unresolved dispute remains after mediation then either party may commence a civil action regarding such dispute.

The parties agree that any civil action thereby commenced shall be brought in a state or federal court of competent jurisdiction in Sheridan Wyoming and that the decision as such court(s) shall be final. The parties hereby submit to the jurisdiction of such court(s) and waive any objection that they may now or hereafter have to the venue of any such action or proceeding in any such court(s) or that such action or proceeding was brought in an inconvenient forum and agree not to plead or claim the same. In any mediation, the fees and costs of the mediator shall by borne equally by the parties to the mediation and shall be payable in advance or upon invoice from the mediator, as applicable, and each party shall bear the fees and costs of the party’s own legal counsel and witnesses.