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Computer Repair Terms and Conditions Agreement
1. Preface
By clicking on the "AGREE" button - you are acknowledging that you
have read and understand, and agree to the computer repair terms and
conditions agreement below. IF YOU AGREE TO THESE REPAIR TERMS
AND CONDITIONS click on the "I AGREE" button. IF YOU DO NOT AGREE TO
THESE REPAIR TERMS AND CONDITIONS, CLICK ON THE "CANCEL" button; no
estimate will be made, no work will be done and no charges will
apply.
2.
You have requested
service from
www.guarddogpc.com, hereafter referred to as “GUARD DOG
PC LLC”. GUARD DOG PC LLC will diagnose and service your
computer for a fee as described in Paragraph 3 below.
3. Services
and Diagnostic Fee
GUARD DOG PC LLC will perform all
necessary services reasonably necessary to properly complete the
repair of your computer or system remotely, or on-site.
a. A remote services diagnostic fee will be charged to
determine the cause for repair at a fee of $40.00. If you
authorize the remote service to be performed at the estimate given
before the applied service procedure is started; the $40 diagnostic
fee will be applied to the total amount at the end of the remote
repair session.
b. Prepaid
Remote Support Items: (i.e. Time Packs, Flat Fee Computer
Tune Up): Time packages are non-refundable except for the
following circumstances: 1. We could not connect to your
computer remotely; 2. If you ask to cancel the initial service
request within 48 hours of purchase and we never connected to your
computer; 3. Cancellation and refund requests after 48 hours
of purchase will be denied and time remaining in the account will
remain in the account indefinitely.
c. Onsite Labor: A 1 hour minimum
charge will billed for any visit not cancelled within 24 hours of
appointment date and time.
d: Tangible Products: All computer products and
parts will be billed at quoted prices. GUARD DOG PC LLC is
not responsible for product warranties. All product warranties must
be handled directly with the manufacturer and are subject to the
manufacturer’s terms and conditions.
e: Additional Expenses: Additional
miscellaneous product items may be billed separately; such as
additional cables or other supplies needed to complete work or
projects. Parking expenses and tolls, if applicable, shall also be
billed.
4. Payment
Once service is complete, your payment
for the actual costs incurred and the final sum owed, is due upon
completion. Should it be determined in the course of the performance
of diagnostics that the problems on your computer are hardware
based, GUARD DOG PC LLC will notify you of same and you may
take or send the hardware to a repair station of your choice or to
GUARD DOG PC LLC, for service on the hardware; diagnostic
fees may still be applicable. No adequate estimate of that expense
can be determined without actually testing the hardware.
Payments are secured via credit card
information provided by client during sign up. Client agrees to not
dispute charges with Credit Card Company.
a.
Credit Card Authorization: You hereby authorize
GUARD DOG PC LLC to initiate charges to your credit card.
5. Refund Policy &
Cancellations: Customers are responsible for all
remote services and onsite labor hours performed and expenses
incurred until oral or written cancellation is given by customer.
Customer may manually stop the remote computer services session at
any time by clicking the "DISCONNECT" button on the GUARD DOG PC LLC
"Calling Card" that appears on their computer desktop screen.
Upon a manual disconnect by customer; the charges up to that point
will end for the remote services session. All service time
will be billed up to the point of disconnection; and no refund will
be given for any charges made prior to the point of manual
disconnection by customer.
Maintenance Package Cancellation & Refunds:
a. Maintenance Package Cancellation & Refunds:
Maintenance package subscription may be cancelled at any time.
Charges made prior to maintenance package subscription will not be
refunded.
Onsite service cancellation and refunds: Onsite
service requested must be cancelled within 2 hours of appointment;
otherwise client is responsible for the 1 hour minimum fee.
6. ADDITIONAL
TERMS:
a. Estimates: GUARD DOG PC LLC will
provide a professional estimate in advance whenever feasible and
requested; However due to the nature of computer and IT services,
there are infinite possibilities for unforeseen problems and
obstacles which may require additional labor time to resolve or in
other unforeseen circumstances. Additional work requests or changes
in procedures may also increase labor time. The Client is ultimately
responsible for all billable time during onsite and/or online remote
support services requested.
b. File
Transfer or Installation Services:
Unless otherwise agreed, GUARD DOG PC LLC is
not liable for and you agree to hold GUARD DOG PC LLC
harmless from any and all damages, costs, and expenses incurred as
the result of any defect or damage to any software or data residing
or recorded in your computer, whether incurred during the course of
GUARD DOG PC LLC services or otherwise. If service involves
transferring information or installing software, you represent that
you have the legal right to copy the information, to use the
software and agree to the terms of the software license, and you
authorize GUARD DOG PC LLC to transfer the information and
accept such terms on your behalf in performing the service.
c.
Warranty:
GUARD DOG PC LLC
warrants that service will be performed in a professional and timely
manner. All services are warranted for a period of 30 days at the
discretion of GUARD DOG PC LLC. There is NO warranty for
removal of viruses, spyware, ad-ware or mal-ware; if they are the
cause of a repeat effort, you will be charged again for that
service.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN,
EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED
FOR YOU BY GUARD DOG PC LLC. GUARD DOG PC LLC
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT
TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER
EXPRESS OR IMPLIED. IF GUARD DOG PC LLC CANNOT LAWFULLY
DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE
EXPRESS LIMITED WARRANTY ONLY.
7. Limitation
of Liability: IF ANY DAMAGE
SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED,
GUARD DOG PC LLC HAS NO LIABILITY FOR THE COST OF REPAIR OF THE
AFFECTED COMPUTER. THE ENTIRE LIABILITY BY GUARD DOG PC LLC
TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO
THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO A
GUARD DOG PC LLC ERROR OR NEGLIGENCE OR FOR ANY OTHER REASON, IS
LIMITED TO THE AMOUNTS THAT YOU PAY GUARD DOG PC LLC FOR SUCH
SERVICE. GUARD DOG PC LLC HAS NO LIABILITY WHATSOEVER FOR
INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY
OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER
THIS AGREEMENT. GUARD DOG PC LLC EXPRESSLY HAS NO LIABILITY
FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE
PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND
CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST GUARD DOG PC
LLC IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID GUARD DOG PC LLC
FOR THE SERVICE.
8. Data
Protection: You further agree
and understand that it is your (the customer's) responsibility to
maintain copies of all important data on your computer, and to
obtain such copies prior to authorizing GUARD DOG PC LLC to
commence its services for you.
9. Agreement
Dispute:
This agreement shall be construed
under the laws of the State of Illinois. In the event any dispute
arises under this agreement or in any manner concerning the subject
matter thereof, the parties agree that any such dispute shall be
subject to binding arbitration only, and the parties expressly waive
any and all rights they may have to otherwise proceed with such
dispute resolution in a court of law.
a. Any and all binding arbitration proceedings shall be
undertaken as "fast track" proceedings and shall only be commenced
in Cook County, IL. Each party shall bear its own costs and expenses
of such proceedings, including any and all resulting attorney fees;
provided, however, that the prevailing party in such proceedings may
have the right to recover attorney fees against the opposing party
if such fees are otherwise recoverable in disputes of that type
under the laws of the State of Illinois. This paragraph is intended
to be and shall be construed as a forum selection clause, and the
parties agree to be bound hereto.
10. Amendments to Terms
and Conditions: We reserve the right to periodically
update this agreement. The latest copy of the agreement will be
available on our website
www.guarddogpc.com. By continuing to use the Website and/or
GUARD DOG PC LLC services you acknowledge agreement to such
amendments.
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