following terms and conditions of service are applicable to all services
and computer repair provided by Hi-Desert Computers (HDC). Terms and
conditions may change at any time, with or without notice. It is the
responsibility of any subscriber, user, customer or prospective customer to
read the terms of service before contacting HDC to inquire, purchase or
schedule a service engagement. By engaging HDC for services, you are
indicating your agreement to be bound by all of the terms and conditions
outlined within this document. HDC services are :
Responsibilities of User: User understands and agrees that prior to contacting or
engaging in service with HDC to perform any evaluation, diagnostics,
repair, upgrade or any other service upon your computer that it is the
responsibility of the user to back-up data, software, files or other
electronic information stored within a computer hard-drive or other memory
device or drive. You as the user also acknowledge and agree that HDC shall
not be responsible under any circumstance for any loss of data, software,
corruption of data or damage to hardware or components.
You as the user represents that you are 18 years of age or older.
You as the user represent that you have the legal capacity and authority to
bind yourself and your employer, as applicable, to this Agreement.
You as the user agree that you are responsible for all activity and use of
your account. You agree and understand that you accept full responsibility
and liability for the actions of anyone who uses a service from HDC via
d.†††† You as the user agree that you are
solely responsible for all your data, settings, usernames/passwords, and
backup of such information. You agree and understand that you accept full
responsibility and liability for the usage, loss or backup of your data,
settings, usernames/passwords and backup.
You as the user agree that you will be available at your appointment time.
Applicable no-show fees or late fees are payable and due as outlined below
for missed or late appointments.
Services: HDC provides computer support services remotely, on-site
and via telephone. HDC will attempt to diagnose and provide or suggest a
solution for a service fee. In some situations, a solution, diagnosis or
support may not be completed due to an issue with users computer, its
configuration or other issue that is beyond the control of HDC. HDC will
make every reasonable attempt to perform services to diagnose,
troubleshoot, assess and correct computer or network issues. Regardless of
the outcome, you the user is still responsible for charges for the time and
effort spent in an attempt to provide services.
Un-Used Service Hours, Incidents or Services: Any unused
services will not carry forward. Service hours and incidents are at the
sole discretion of HDC.
Service Areas: HDC reserves the right to establish, change, add or
eliminate service areas with or without notice. HDC has the authority to
establish and charge additional fees for areas outside of our normal
service areas. Users should contact 760.364.2929 for exact service areas,
service fees and trip charges.
Service Volume and Re-Selling of Services: You the user may
not re-sell our service, utilize the HDC service for high volume services
or in way engage in any activity that engages our service at a higher rate
than it was intended. Service volume abuse is based on the sole discretion
Service Limitations: HDC reserves the right to charge additional fees for
certain services that a client may require or request above and beyond any
service plan. HDC will at its sole discretion determine these additional
services and fees.
Service Availability: Services selected by a user may not be available at all
times. HDC or its subsidiaries, suppliers or partners at any time without
notice or liability may restrict the availability of service or its times
of availability to perform scheduled or unscheduled maintenance. For remote
services, specific Internet connection requirements are necessary. It is
the responsibility of you the user to maintain Internet connectivity to
allow for adequate service levels. HDC will at its sole discretion
determine adequate service levels.
You the user acknowledges that circumstances outside of the control of HDC
may arise that may lead to service delays. You the user hereby release HDC
from any and all liability and agree that HDC is not responsible for any
direct or indirect damages resulting from any service delays.
Safe and Full Access to Equipment: User agrees that they will provide full access to
computer systems, server systems, peripherals or software that we are to
service and that power, network connectivity and a safe climate controlled
work environment is provided along with full cooperation and access to
enter your home or business to perform services. If a HDC representative
arrives at the schedule service time and he or she does not reasonably have
access, cooperation, or safe working areas, then service may be denied and
a $130 cancellation fee will be charged.
a.††† User agrees that they will provide full
and truthful information about computer systems, server systems,
peripherals or software that we are to service, including, but not limited
to, access credentials such as usernames and passwords, software licensing
information and any previous work performed by any other vendors or service
providers. If a HDC representative arrives at the schedule service time and
feels he or she does not have reasonable and/or truthful access to
information in order to perform the service, then service may be denied and
a $130 cancellation fee will be charged.
Software / Hardware Ordering, Licensing & Warranties: You the user
agree that you will be responsible for all software licensing installed on
your computer. HDC provides technical support and consulting for third
party software and/or equipment. We make no warranty that we are an authorized
service provider for Third Party Software or for any equipment; it is your
sole responsibility to determine if you require additional rights for us to
provide such support, and if so, to acquire such rights. You acknowledge
that support of Third Party Software or equipment by an unauthorized
service provider may void any warranty made by the supplier of such Third
Party Software or equipment.
Third Party Software: As part of our services, HDC may recommend the
acquisition of third party software. You the user agrees that you will
abide by all terms and conditions outlined within a license agreement
whether this software is installed, recommended or sold to you by HDC or
not. HDC makes no warranty or representation regarding third party software
b.†††† Third Party software and/or hardware
ordered through HDC is considered as final. Cancellation of an order, once
the corresponding invoice has been paid, in part or in full, will be
subjected to a $70 service fee or 20% of the order cost, whichever is higher,
without exception. The remainder of the order cost will be refunded within
30 business days. Technical fees associated with a software/hardware order
will not be refunded.
Termination of Service by HDC: User understands and agrees that at its sole discretion,
HDC may terminate or suspend any agreement for services immediately and
without notice. HDC may at its sole discretion refuse to honor requests for
service, renewals or subscriptions following a termination of services or
for any other reason.
Payment of Fees: You the user agree to pay all applicable charges and
fees related to your applicable service plan as well as any taxes or other
charges due including no-show fees, trip charges, set-up fees or
termination fees. Monthly recurring fees for subscription plans will be
billed in advance if applicable.
Service to you may be denied or discontinued without notice at any time in
the placement of Service charges on your credit card, or your credit card
provider denies or discontinues providing credit to you for any reason, or
you fail to make payment when due or provide us with a new credit card
expiration date before the existing one expires.
Late fees may apply if your bill is not paid by the due date. HDC may
charge a late fee of 5% or the highest rate permitted by law for late
payments. Users are responsible for paying collection agency fees utilized
to collect past monies due including attorney fees.
Users must contact HDC a minimum of three (3) hours prior to an appointment
to cancel or reschedule an appointment, otherwise, at HDCís sole
discretion, a missed or late appointment fee may apply. Late or missed
appointment fees are as follows: On-site = $130 / Remote Support = $75.
WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED
ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS
OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY
EQUIPMENT OR SOFTWARE PROVIDED BY HDC(BUT ONLY IF SUCH WARRANTY IS INCLUDED
WITH SUCH EQUIPMENT OR SOFTWARE), HDC (AND ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER
SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF
TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY HDC OR
ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF HDC COMPUTER SUPPORT IS
AT YOUR OWN RISK AND IS NOT WARRANTED.
DOES NOT WARRANT THAT THE SERVICE PROVIDED BY HDC WILL PERFORM AT A
PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE
UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE.
HDC SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR
EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
HDC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE
OR THE INTERNET. HDC MAKES NO WARRANTY REGARDING THE CONTENT AND
INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU
EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE
INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES
WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY
RESULT IF AN ERROR OCCURS.
EVENT SHALL HDC (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR
AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE
FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR
DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE
SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT,
NEGLIGENCE OR STRICT LIABILITY, EVEN IF HDC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY
You agree to defend, indemnify and hold harmless HDC from and against all
liabilities, costs and expenses, including reasonable attorney's fees,
related to or arising from: (a) any violation of applicable laws,
regulations or this Agreement by you (or any parties who use your account,
with or without your permission, to access the Service); (b) the use of the
Service or the Internet or the placement or transmission of any message,
information, software or other materials on the Internet by you (or any
parties who use your account, with or without your permission, to access
the Service); (c) negligent acts, errors, or omissions by you (or any
parties who use your account, with or without your permission, to access
the Service); (d) injuries to or death of any person and for damages to or
loss of any property, which may in any way arise out of or result from or
in connection with this Agreement, except to the extent that such
liabilities arise from the active negligence or willful misconduct of the
other party; or (e) claims for infringement of any intellectual property
rights arising from the use of the Service, Software, or the Internet.
14.1 Notices required under this Agreement by you shall be provided to the
HDC. Notices by HDC to you shall be deemed given: (a) when sent to your
registered email address, or (b) when deposited in the United States mail
addressed to you at last-known address or (c) when hand delivered to your
home, or (d) when sent via electronic means such as email to your last
known email address, as applicable. Notice of changes to this Agreement and
these Terms of Service will be deemed given upon posting to the pages on
regard to electronic communications, you and HDC further agree that: (a)
the User ID and/or alias of a sender, contained in an electronic
communication ("email"), is legally sufficient to verify the
sender's identity and the authenticity of the communication; (b) an email
sent containing your User ID and/or alias establishes you as its originator
and has the same effect as a document with your written signature on it;
and (c) an email or any computer printout of it, is a valid proof of the
validity of the original content of the electronic communication.
15.1 All obligations of the parties under this Agreement, which, by their
nature, would continue beyond the termination, cancellation or expiration
of this Agreement, including by way of illustration and not limitation,
those clauses relating to Software Licenses, Warranties and Limitation of
Liability, and Indemnification, shall survive such termination,
cancellation or expiration.
will not be liable for delays, damages or failures in performance due to
causes beyond its reasonable control, including, but not limited to, acts
of a governmental body, acts of God, acts of third parties, fires, floods,
strikes or other labor-related disputes, of other things we do not control,
or an inability to obtain necessary equipment or services.