Effective: June 1st, 2004
1. Acceptance of Terms
1.1 These terms govern the provision of any computer support services (“Services”) provided by < TECHMOBILE IT SOLUTIONS >.
< TECHMOBILE IT SOLUTIONS > provides you with access to and use of the Services subject to your compliance with the Terms. < TECHMOBILE IT SOLUTIONS > 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; you have the right, capacity and authorization necessary to legally bind yourself to the Terms.
1.2 Authorization to Access your Computer
You acknowledge that by your use of the Services you are authorizing < TECHMOBILE IT SOLUTIONS > to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the services < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > 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.
1.4 Legal Rights
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to < TECHMOBILE IT SOLUTIONS >. 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 designated owner.
If equipment is left with < TECHMOBILE IT SOLUTIONS > and is not collected within sixty (60) days after we notify you that the requested service is complete, we will treat your equipment as abandoned and becomes the sole property of < TECHMOBILE IT SOLUTIONS >. You agree to hold < TECHMOBILE IT SOLUTIONS > harmless for any damage or claim for the abandoned property, which we may discard at our sole discretion. Any and all charges are still your responsibility.
1.5 Software Installation
< TECHMOBILE IT SOLUTIONS > may need to download and or run software on your personal computer to help diagnose and resolve your personal technology problem. < TECHMOBILE IT SOLUTIONS > 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.
1.6 Backup Services & Potential Data Loss
While < TECHMOBILE IT SOLUTIONS > will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, date 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.
< TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > subject to confidentiality agreements or as required by law.
< TECHMOBILE IT SOLUTIONS > can supply manufacturer specific upgrades or spare parts on request. Please note however that we cannot guarantee compatibility with your current system or configuration. < TECHMOBILE IT SOLUTIONS > will offer suggestions and advice on upgrades but is not liable for any compatibility issues.
< TECHMOBILE IT SOLUTIONS > offers the following warranty periods:
7 day warranty for labor - All work is covered by a labor only 7 day warranty. If the same problem re-occurs within 7 days of the original repair (stated on the invoice), < TECHMOBILE IT SOLUTIONS > will only charge for any additional parts that may be required. Excludes faults caused by software, virus and end user errors 1 year return-to-base manufacturer’s warranty on new hardware - All hardware, software and/or equipment sold may be a third party product or service. Any repair work carried out may be protected by the original manufacturer warranty 3 month return-to-base warranty on second hand hardware. Equipment is only covered for faulty workmanship on parts, and for parts that fail due to manufacturing defects recognized by the component manufacturer. In the event that the Warranty parts are not available the client will be informed of the delay and the revised expected repair time. Warranty repairs are carried out under the terms of the manufacturer warranty conditions. Warranty parts are supplied by the equipment manufacturer. 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.
1.10 Non Warranty Repairs
Whilst every effort is made to repair within a few days, it is subject to parts availability. All parts used on Non Warranty repairs are manufacturer supplied unless otherwise requested.
1.11 Warranty Exclusions
Warranty does not include accidental damage. e.g. liquid damage (90% of keyboard faults are due to liquid spillage), cabinet or component breakage due to misuse. Damage caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion, are not covered under warranty. Warranties do not cover loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.
The warranty on any hardware will be voided if any sticker placed on the warrantable equipment is removed, broken or tampered with.
This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.
1.12 Payment Terms
All work must be paid in full upon completion of service.
2. Limited Liability
< TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > has been advised of the possibility of damages or loss to persons or property. < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS > agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at < TECHMOBILE IT SOLUTIONS > option, additional attempts by < TECHMOBILE IT SOLUTIONS > to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of < TECHMOBILE IT SOLUTIONS > services would be much greater if < TECHMOBILE IT SOLUTIONS > 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 < TECHMOBILE IT SOLUTIONS>, and assumes any and all known risks of injury and property damage that may results.