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Disclaimer / Legal

Definitions:

* STC, Scott Krogh, We means Spare Time Computers

* Client means you the customer

1. DISCLAIMER:

STC will only perform and provide computer services, repairs, and upgrades as requested by the client. STC will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed. Computer service/repairs are provided as a service. There may be circumstances under which Client's computer cannot be repaired. It will have to be rebuilt or upgraded. (Examples: Age of PC, repair/replacement parts obsolete (memory chips, motherboards, client misuse, etc.) The length of time required to service/repair your computer cannot be predicted. Client understands that in the process of working on your computer equipment, there is a potential for data loss. You agree that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. STC will not be responsible for data loss. Client authorizes the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services. All software will be deleted / uninstalled upon completion of the service (unless purchased). All remote repair services are subject to the terms in this agreement. After a repair conducted by STC is complete, Client must take delivery of computer within 3 business days unless other arrangements are made between Client and STC.

2. BILLING TERMS:

Computer services/repairs are billed as stated on the service order or invoice provided. The most common services are charged by flat rate fees that can be found on the sheet provided. Services not listed on the Services page may be charged by the hour. Our hourly rate is $15.00-$25.00 an hour depending on remote access or onsite location. An example would be a WIRED network setup. This would take much more time to complete compared to a flat rate service. The minimum charge for an hourly ONLINE service is 1 hour ($15.00 + tax [if applicable]). There is a minimum charge of $25.00 for any On-Site call made or any service performed. An estimate cost for work will be provided before performing computer services/repairs. Estimates are not guaranteed. Not all services can be completed on-site and must be completed at our office. In the case that there is an unforeseen deviation, beyond the above estimated amount, every effort will be made to contact you and inform you of the situation and receive authorization to continue or stop at the estimate limit. In the case that the Client cannot be reached, work will stop until contact is established. Once reached, Clients decision to continue or stop will be honored by STC. All services/repairs may be subject to Nebraska State Sales Tax.

3. PAYMENT TERMS:

Credit card payments and online payments are handled through PayPal. You don't have to have a PayPal account to make payments. STC does not receive any credit card information.

 Full payment is due upon completion of services, upgrades, or repairs. Computer parts, hardware, or/and software that are ordered or special ordered must be paid in advance or purchased by the client. STC accepts cash, checks, and credit cards. Note: Checks are cleared within 24 hours as an eCheck. A $30.00 service fee will be charged for any returned check with NFS In order for STC to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $25.00 charge if payment is not received within 14 days after the completed service date. If an amount remains delinquent 30 days after completed service date, an additional 25% penalty of original balance may be added for each week of delinquency. STC reserves the right to report delinquent payment to credit bureau(s) and collection agencies in attempts to recover payment. If deemed necessary, STC reserves the right to take client to court to recover costs in which client will incur all fees by the process.

4. LIABILITY:

Service(s) are provided in an effort to fix, upgrade, or otherwise repair the computer system(s) for which client or authorized representative requested such service(s). Your system will not be intentionally harmed. The primary goal is to fix your computer, not damage it. In the case of accidental damage of hardware to your system or data loss caused by already existing problems in your system such as viruses, bad configured software, or hardware problems/failures, Client agrees to hold STC and any person(s) associated with STC or involved in the work being done for Client harmless from damages resulting from such problems. It's the Client's responsibility to backup data unless listed on Service Order. STC will not be responsible for data loss or hardware failure. Data and Passwords Data (Files, Folders, Programs & Software) are the sole responsibility of client. We highly recommend that your system be backed up prior to repair work. Due to the uncertain condition of system at time of check-in and the nature of repairs STC can not be responsible for Data Loss or integrity. STC will retain any backups (if needed) for 30 days from check-in, after which data will be destroyed for confidentiality reasons. STC will not be liable for clients information that may be stored on any computer, server, storage media, or online services belonging to STC or any of our services. All information, data, pictures, videos, media, storage devices, etc. belonging to the client is the clients legal responsibility and client agrees any controversial, legal or illegal content is solely theirs. STC respects your privacy to the limits of the law. Any legalities (Attorney and all fees, Legal consultation and fees, Financial compensation and any fees, bonds, and equipment compensation or loss)  are the clients responsibility. STC (By law) will not withhold information from the law and will cooperate with the law providing they have proper documentation and authority. Proper documentation will be retained by STC till legal authorities say it's resolved.

5. SUPPORT:

Customer satisfaction is our utmost importance. All services will be conducted in a professional, reasonable and timely manner. Also, taking into consideration the circumstances and nature of the technical problems. Free support will be provided for problems to be resolved from the service order, but not resolved. After 7 days from completed service date, STC will no longer offer free support (With the exception of the AVAST 2 hours free service per month offered with a subscription through STC). Warranty work will only be covered if it is related to the work on the service order. Unrelated work will not be covered by the warranty and may be charged accordingly.

6. REPAIRS & SERVICE GUARANTEE:

 All services and repairs are guaranteed for 7 days from the completion / acceptance date on the Service Order. If later found that the service or repair was incorrectly diagnosed by the technician. Then STC will perform the repair/service free of any labor charge. Only the new parts will be charged.

7. ESTIMATES:

 STC offers free estimates over the phone, at office, or via email (Scottkrogh@sparetimecomputers.com). For diagnostics estimates there will be a $25.00 flat fee. If you decide at that time you would like STC to work on Client’s system, this fee will be waived and Client will only be charged for the service being performed along with any hardware needed. For in Office estimates customers are asked to not interrupt the technician as the evaluation and estimate are being completed. Save all additional questions until after you receive the estimate.

8. Remote Access Liability Disclaimer:

 By allowing us to remotely access your computer equipment, you agree to the following terms and conditions: Permission to Remotely Access Computer, Network, Hardware, Software and/or Stored Data. This document specifically grants STC permission and passage to access client’s computer and data networks, hardware, programs and stored data files. This access is granted to facilitate the evaluation of the state of the computer, its programs, settings and data to determine what problems may need to be corrected. STC may troubleshoot, evaluate, run programs or install/uninstall software, reconfigure and/or otherwise perform service or technical support work on said computer, any network or equipment that is attached, either directly or through an internal network. STC may make any changes that they determine are necessary to increase the performance of the computer equipment and/or to alleviate the problem at hand or any other problem discovered during the course of STC remote evaluation and assistance. This permission is granted fully, without limit and willfully by remote support client, and said evaluation takes place at client’s direct request. In no event shall STC be liable for any data loss, either currently or previously stored on any computing equipment at clients home or on client’s business network, further clarifying and affirming the separation of liability authorized and executed by client. By allowing STC to remote in, client agrees to all of these terms and conditions. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall STC or its employees, or its assigns be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other real or pecuniary loss) arising out of STC access to client's computer(s) or network(s), even if STC and its employees or assigns have been advised of the possibility of such damages. In any potential litigation STC entire liability under any provision of this agreement shall be limited to the amount actually paid by you to STC for remote assistance services during this service call event. IN NO EVENT SHALL STC AND/OR ITS EMPLOYEES OR OFFICERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, OUR TECHNICAL SUPPORT, FAILURE TO PROVIDE SERVICES, ANY LOSS OF DATA OR USE OF YOUR COMPUTER EQUIPMENT. This agreement shall be governed by the laws of the state of Nebraska and shall inure to the benefit of STC and any successors, administrators, contractors, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Lancaster County, Nebraska. The terms of this agreement may be modified at the sole discretion of STC without notice.

9. Data Recovery

The client understands that data recovery means that the data is considered already lost or damaged before any recovery work is performed. Client understands that STC does recovery at a software level, Any recovery beyond the software's capabilities can not be performed by STC and would require the item to be done by a third party service that can perform the services needed. The client would be financially obligated to pay the third party service any fees occurred before the work is performed or as agreed by the third party service and can not hold STC responsible for any services(s) performed by the third party service or any data gained / loss or privacy issues with the third party service.

10. Warranty:

STC is not licensed through any company (With the exception of reselling authorization) to do any authorized work. Client understands that STC does the work from knowledge gained and not through training or certification of any type. Any repair work done by STC on a computer that has warranty may void the manufacturer's warranty. If the client agrees to proceed with STC preforming any work done that may void their devices warranty, it is their sole discretion to do so and will not hold STC liable if their warranty is void.

By having STC preform any type of work for the client, client agrees to the full terms above.

 

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