Terms of Use

Access is by invitation only. PC-AfterHours, Inc. grants access to named individuals, or to individuals holding an email address at a domain a Client has asked us to authorize. You may use the Portal only with the account issued to you, only for the Client you have been associated with, and only for the Client’s internal business purposes.

Access may be subject to different permissions or restrictions depending on the account and the Client’s authorization. The Client is responsible for instructing us on who should have what level of access, and for telling us promptly, through an account manager and not only through the Portal, when someone should no longer have access or when their access should change.

You must not share your account, allow anyone else to sign in as you, or attempt to reach another organization’s information, or information within your own organization that your account does not permit you access. If you believe your account has been used without your permission, tell us immediately at support@pcafterhours.net.

We may suspend or withdraw access at any time, with or without notice, including where a Client asks us to, where an individual leaves the Client’s employment, or where we reasonably suspect misuse.

The Portal shows you a copy of support tickets recorded in our service management system for your organization, and lets you send certain requests to our service desk. It is a convenience layer over those systems. It is not the service itself, and it is not a contract for services.

The services PC-AfterHours, Inc. provides to the Client, and the commercial terms for them, are governed by the separate written agreement or agreements between PC-AfterHours, Inc. and the Client (collectively, the “Client Agreement”). The Client Agreement governs the underlying services and, to the extent of any conflict concerning those services, controls over these Terms. These Terms continue to govern your individual use of the Portal.

Ticket information in the Portal is a periodically refreshed copy and may be incomplete, out of date, or briefly inconsistent with our service management system. Where the two differ, our service management system is the authoritative source for the underlying service record. The Portal does not show every ticket, note or activity relating to your organization: it shows the ticket queues and the notes we have designated as client-facing, and omits our internal working records entirely. The absence of something from the Portal is not evidence that it did not happen.

Do not rely on the Portal for anything urgent, safety-related, or time-critical. The Portal is not a monitoring, alerting or incident-reporting channel, is not monitored continuously, and carries no response-time commitment. For anything urgent, use the contact method set out in your Client Agreement.

Each time you submit a form, request or other communication through the Portal, you represent and warrant that you are authorized by the Client to give instructions to PC-AfterHours, Inc. on the Client’s behalf in respect of the matters submitted, and that the information you provide is accurate and complete.

The Client agrees that any communication submitted through the Portal by a person whose account is authorized to submit requests on the Client’s behalf constitutes an authorized instruction from the Client, and that PC-AfterHours, Inc. is entitled to rely on it as such without further verification, confirmation or inquiry. This includes instructions to create, modify, disable or delete user accounts; to grant, change or remove access rights and permissions; to order, configure, move or dispose of equipment; and to incur charges for any of the foregoing under the Client Agreement.

The Client is responsible for determining which of its people are authorized to submit requests through the Portal and for controlling which of its people hold accounts with that authority. The Client is also responsible for telling us promptly — through an account manager and not only through the Portal — when someone should no longer have that authority or should no longer have access to the Portal.

PC-AfterHours, Inc. has no obligation to verify a person’s authority, to detect a submission made without authority, or to question an instruction that appears regular on its face. The Client is responsible for controlling which of its people hold Portal accounts and for telling us promptly — through an account manager, not only through the Portal — when someone should no longer have access.

PC-AfterHours, Inc. may, at its sole discretion and without incurring any obligation to do so, decline to act on an instruction, or seek confirmation of it, where it appears unusual, unclear or inconsistent with the Client Agreement. Choosing to do so on one occasion does not create a duty to do so on any other.

Records kept by PC-AfterHours, Inc. of submissions made through the Portal — including the confirmation given at submission, the account used, and the date and time — shall be admissible and, absent manifest error, conclusive evidence of the instruction given.

• Keep your sign-in credentials and any device you use to reach the Portal secure.
• Submit only information you are entitled to share, and only what is necessary for the request. Do not submit passwords, payment card details, health information, or other sensitive personal information through Portal forms.
• Ensure that, where you submit another person’s personal information (for example a new starter’s name and start date), the Client has a lawful basis to share it with us for this purpose.
• Do not misuse the Portal, probe it for vulnerabilities, or interfere with its operation.

Information you access through the Portal relating to the Client is the Client’s confidential information; everything about the Portal itself is ours. You may use what you see in the Portal for the Client’s internal business purposes only.

PC-AfterHours, Inc. retains all rights in the Portal, its software and its design. Nothing here grants you a license to copy, adapt, reverse engineer or resell any part of it.

The Portal is provided “as is” and “as available”. We may change, suspend or withdraw it, in whole or in part, at any time and without notice. We do not warrant that it will be available, uninterrupted, timely, secure or error-free, or that the information in it is accurate or complete.

To the fullest extent permitted by law, PC-AfterHours, Inc. disclaims all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.

To the fullest extent permitted by law, PC-AfterHours, Inc. shall not be liable to you, to the Client, or to any third party for any loss or damage arising out of or in connection with the Portal or its use, including:

• loss or damage arising from any act or omission taken in reliance on a communication submitted through the Portal, including one submitted without the Client’s authority;
• loss or damage arising from information in the Portal being inaccurate, incomplete, delayed or unavailable, or from a ticket, note or activity not appearing in it;
• loss or damage arising from unavailability, interruption, delay or failure of the Portal, or from any dependency it relies on;
• loss or damage arising from unauthorized access to an account obtained through your act or omission, or through credentials or a device outside our control;
• any indirect, incidental, special, consequential, exemplary or punitive damages, and any loss of profit, revenue, business, goodwill, anticipated saving or data, whether or not foreseeable and whether or not we were advised of the possibility.

PC-AfterHours, Inc.’s total aggregate liability arising out of or in connection with the Portal and these Terms, whether in contract, tort (including negligence), strict liability, statute or otherwise, shall not exceed one hundred United States dollars (US$100). Any liability of PC-AfterHours, Inc. to the Client for the underlying services is governed exclusively by the Client Agreement, and nothing in these Terms increases it.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions or limitations, in which case the exclusions and limitations above apply to the fullest extent permitted.

The allocation of risk in this clause is a fundamental basis on which the Portal is made available at no separate charge, and it survives termination of your access.

The Client shall indemnify, defend and hold harmless PC-AfterHours, Inc., its officers, directors, employees, contractors and agents from and against any claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

• any instruction or information submitted through the Portal by a person associated with the Client, including one submitted without authority or containing inaccurate information, and any action PC-AfterHours, Inc. takes in reliance on it;
• the Client’s failure to tell us that an individual should no longer have Portal access;
• any breach of these Terms by a person using an account associated with the Client.

Our handling of personal information is described in the Privacy Policy, which forms part of these Terms.

You acknowledge that PC-AfterHours, Inc. logs use of the Portal, including each sign-in and the provider used, changes made in its administrative area, requests submitted, occasions on which our staff view a Client’s tickets, and the confirmations given at submission. We may retain these as reasonably necessary for security, audit, dispute resolution, legal compliance and evidentiary purposes, subject to our applicable retention policies and legal obligations.

We may update these Terms. Each version carries a version number and an effective date, shown at the top of this page. When we publish a new version, the Portal will ask you to accept it before you continue, and your acceptance is recorded. Continued use after acceptance is governed by the version you accepted.

These Terms, and any dispute arising out of or in connection with them or the Portal, whether contractual or non-contractual, are governed by the laws of the State of Minnesota, without regard to its conflict of laws rules. The state and federal courts located in Minnesota shall have exclusive jurisdiction, and you and the Client consent to their personal jurisdiction and venue.

The Portal is operated from the United States and is intended for Clients in the United States. We make no representation that it is appropriate or available for use elsewhere, and anyone who accesses it from outside the United States does so on their own initiative and is responsible for compliance with local law.

If any provision of these Terms is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder shall continue in full force.

Questions about these Terms: support@pcafterhours.net.