TERMS & CONDITIONS OF SERVICE
LEGAL AGREEMENT – Customer agrees to the following terms:
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms govern the provision of any computer support services ("Services") provided by Andrew Whyburd O/A The Computer Store & A440 Music, and/or The Computer Store, hereinafter called "The Company."
The Company provides you with access to and use of the Services subject to your compliance with the Terms. The Company 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 you are at least 18 years old and that you have the right, capacity and authorization necessary to legally bind yourself to these Terms.
Authorization to Access your Computer
You acknowledge that by your use of the Services you are authorizing The Company to access and control your computer for the purposes of computer diagnosis, service and repair.
In connection with delivering the services, The Company may download and use software, gather system data, take control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant The Company the right to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.
Any verbal quote given by The Company is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be sold at that price.
Any written quote will be provided by The Company at that price. All written quotes are valid for only 7 days. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, no work will commence without explicit client approval.
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein serviced by the Company. You must be the owner, or have the permission of the owner, for us to work on your equipment. We will only take instructions for work from the owner or their designated representative.
The Company may need to download and or run software on your personal computer to help diagnose and resolve your personal technology problem. The Company may need to reinstall software that was included as part of your computer’s original configuration.
You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software.
Backup Services & Potential Data Loss
While The Company will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing The Company to perform diagnostic, repair, or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives if you so desire. You acknowledge and agree that The Company and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files. If you do not have a backup of your software and data, we can provide you with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.
The Company agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client's equipment except to employees or agents of The Company subject to confidentiality agreements or as required by law.
The Company offers the following warranty periods:
7 day warranty for labour - All work is covered by a labour only 7 day warranty. If the same problem re-occurs within 7 days of the original repair (stated on the invoice), The Company will only charge for any additional parts that may be required. Excludes faults caused by software, virus and end user errors
If a warranty repair is found to be outside of the warranty terms, it will be deemed as a "Non Warranty Repair" and charges will be applicable.
All work must be paid in full upon completion of service. If an amount remains delinquent 60 days after its issue date, an additional 5% penalty may be added for each week of delinquency or the maximum permitted by law. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
The Company shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
In no event will The Company be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if The Company has been advised of the possibility of damages or loss to persons or property. The Company liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
The client and The Company agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at The Company option, additional attempts by The Company to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of The Company services would be much greater if The Company undertook more extensive liability.
The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of the Company and assumes any and all known risks of injury and property damage that may result.