Terms of Service

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These terms govern all services, including software, hardware, network and infrastructure repair, provided by Hi-Desert Computers (HDC). By engaging HDC, you unconditionally agree to these terms, which supersede all prior agreements, oral or written. HDC may amend these terms at its sole discretion, with changes effective immediately upon posting to https://hidesertcomputers.com/terms-of-service. You are obligated to review the current terms before engaging services; failure to do so does not excuse noncompliance. 

1. Responsibilities of User

You, the user, are solely responsible for:  

• Backup Duty: Backing up all data, software, files, and electronic information on your devices prior to service. HDC is not liable, under any circumstances—including negligence, gross negligence, or willful misconduct—for loss, corruption, or damage to data, software, or hardware. You irrevocably waive all related claims against HDC under California law or otherwise.  
• Eligibility: You certify you are 18+ and have full legal capacity under California law to bind yourself and, if applicable, your employer to this Agreement.  
• Account Security: All activity under your account, authorized or unauthorized, is your sole responsibility. You assume full liability for actions by you or third parties using your account.  
• Data Management: Maintaining and securing all data, settings, usernames, passwords, and licenses. HDC will not store, recover, or provide such information under any condition.  
• Appointment Compliance: Being present and fully cooperative at scheduled times. Non-compliance triggers immediate fees per Section 11.c.

2. Services

HDC offers computer support (remote, on-site, telephone) at rates set by HDC, disclosed upon request. Services include diagnostics, troubleshooting, repairs, or upgrades. HDC will use reasonable efforts but guarantees no specific outcomes due to factors like user hardware or configuration. You must pay for all time and effort expended, regardless of success, at HDC’s hourly rates, with no exceptions, as permitted under California Business and Professions Code.

3. Unused Service Hours, Incidents, or Services

Unused hours, incidents, or subscriptions expire at term’s end, with no carryover, refund, or credit unless HDC agrees in writing. HDC solely determines the scope of “hours” and “incidents,” with definitions available upon request.

4. Service Areas

HDC may define, alter, or discontinue service areas at its sole discretion, effective immediately upon website posting. Services outside designated California areas incur trip fees, set by HDC and confirmed before scheduling. Contact HDC for current areas and rates.

5. Service Volume and Resale Restrictions

You may not resell HDC services or exceed reasonable usage (e.g., >10 incidents/month), as defined by HDC. Violations, termed “service abuse,” allow HDC to suspend services, charge additional fees, or terminate this Agreement without refund, effective immediately, consistent with California contract law.

6. Service Limitations

HDC may impose extra fees for services beyond standard offerings (e.g., complex repairs), determined solely by HDC and disclosed before work begins. You must pay unless you reject the service in writing within 12 hours of notification.

7. Service Availability

Services depend on HDC’s operational capacity and may be limited for maintenance or other needs, without notice. Remote services require a stable 100 Mbps internet connection, which you must provide. HDC defines “adequate service levels” based on its standards and is not liable for interruptions or delays due to user failures or external events.  

• Force Majeure: HDC is exempt from liability for delays or failures due to acts of God, government actions, third-party interference, or other uncontrollable events, per California Civil Code § 1511.

8. Safe and Full Access to Equipment

You must provide:  

• Complete physical and digital access to systems, peripherals, and software, including all credentials and prior service records.  
• A safe, climate-controlled (60-80°F), powered, and networked workspace compliant with California Occupational Safety and Health Act standards.

If HDC deems access, information, or conditions insufficient in its sole judgment (e.g., missing passwords, hazards), service will be denied, and a $170 cancellation fee will apply, due immediately. No appeals are permitted.

9. Software/Hardware Ordering, Licensing & Warranties

• Licensing: You are wholly responsible for ensuring all software is legally licensed under California and federal law. HDC offers no warranties or support for third-party products unless explicitly stated in writing.  
• Orders: HDC may procure third-party software/hardware for you. Orders are final upon invoice payment (full or partial). Cancellations incur a fee of $85 or 25% of the order cost (whichever is higher), deducted from refunds issued within 10 business days under California refund laws. Delivery occurs only after payment clears. Technical fees are non-refundable. HDC is not liable for defects, compatibility, or third-party warranty issues.

10. Termination of Service by HDC

HDC may terminate or suspend this Agreement or any service instantly, without notice or refund, for any reason, including:  

• Breach of terms.  
• Non-payment, fraud, or suspected bad faith.  
• Service abuse or operational disruption.

For subscriptions, HDC may issue a Non-Renewal Notice 15 days before the next quarter, requiring full payment for the current term. Terminated users are barred from future services at HDC’s discretion, as allowed under California private business rights.

11. Payment of Fees

You must pay all fees (service, trip, no-show, late) and taxes as invoiced. Subscriptions are billed monthly in advance.  

• Terms: Payment is due immediately upon invoicing. Service stops if payment fails or you do not update expired methods.  
• Late Fees: Overdue amounts accrue a 6% monthly fee (or the maximum under California usury law) plus all collection costs, including attorney fees, payable by you.  
• Cancellation/No-Show: Notify HDC 4 hours before appointments to avoid fees: On-site = $170; Remote = $85. Fees are mandatory if HDC determines noncompliance, with no exceptions, enforceable under California contract statutes.

12. WARRANTIES AND LIMITATION OF LIABILITY DISCLAIMER: 

HDC PROVIDES SERVICES “AS IS,” WITH ALL FAULTS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW. YOU ASSUME ALL RISKS OF USE.  

• HDC does not guarantee performance, security, or freedom from errors/viruses.  
• HDC is not liable for data loss, hardware damage, or system changes.  
• Liability Limit: HDC’s maximum liability for any claim is the lesser of $50 or fees paid for the specific service in the prior 15 days. HDC is not liable for any indirect, special, or consequential damages (e.g., lost profits), even if foreseeable, per California Civil Code § 1671.

13. INDEMNIFICATION

You will indemnify, defend, and hold harmless HDC, its affiliates, and suppliers from all claims, costs, and expenses (including attorney fees) arising from:  

• Your breach of California or federal laws or this Agreement.  
• Your use or misuse of services or the internet.  
• Your negligence or willful acts.  
• Intellectual property disputes from your systems.

This duty persists after termination.

14. NOTICES

• To HDC: Send notices to info@ hidesertcomputers. com or via certified mail to HDC’s registered California address.  
• To You: Notices are effective when emailed to your last-known address or posted online. You consent to electronic notices under California’s Uniform Electronic Transactions Act, and your email on file is binding.

15. GENERAL PROVISIONS

• Governing Law: This Agreement is governed by California law, excluding conflict-of-law principles. Disputes must be resolved via binding arbitration in Riverside County, California, under American Arbitration Association rules. You bear all costs if HDC prevails, consistent with California Code of Civil Procedure § 1280 et seq.  
• Severability: Unenforceable provisions are reformed to maximize HDC’s protection under California law; remaining terms stand.  
• Survival: Sections 9, 12, 13, and 15 survive termination.  
• Force Majeure: HDC is not liable for uncontrollable delays under California law.  
• Entire Agreement: This is the sole agreement, overriding all else, enforceable under California contract statutes.