Terms of Service

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These Terms of Service ("Agreement") govern all services provided by Hi Desert Computers ("HDC"), including managed IT services, remote and on-site support, network infrastructure, hardware, and software services. By engaging HDC in any capacity, you unconditionally agree to these terms. This Agreement supersedes all prior agreements, oral or written. HDC reserves the right to amend these terms at its sole discretion, with changes effective immediately upon posting to hidesertcomputers.com/terms-of-service. It is your responsibility to review current terms prior to each engagement.

1. User Responsibilities

You are solely responsible for:

• Data Backup: Backing up all data, software, files, and electronic information prior to any HDC service. HDC assumes no liability — to the fullest extent permitted by California law — for loss, corruption, or damage to data, software, or hardware arising from services rendered. By engaging HDC, you release all related claims against HDC to the fullest extent permitted under applicable law.

• Pre-Existing Conditions: HDC is not responsible for any pre-existing hardware failures, software defects, data corruption, security vulnerabilities, or undisclosed issues discovered during or after a service engagement. Any such conditions identified during service will be documented and communicated to you, but HDC assumes no liability for their existence or resolution unless separately agreed to in writing.

• Eligibility: You certify that you are 18 years of age or older and have full legal authority under California law to enter into this Agreement on behalf of yourself or your organization.

• Account Security: You assume full responsibility for all activity conducted under your account, whether authorized or unauthorized. HDC bears no liability for unauthorized account access resulting from your failure to maintain credential security.

• Data Management: Maintaining and securing all data, credentials, software licenses, and configuration settings. HDC will not store, recover, or reproduce such information under any circumstances.

• Appointment Compliance: Being present and fully cooperative at all scheduled service times. Failure to comply triggers cancellation fees as outlined in Section 11.

2. Services

HDC provides computer support and managed IT services — including remote, on-site, and telephone support — at rates disclosed upon request. Services include diagnostics, troubleshooting, repair, and technology consulting. HDC will apply commercially reasonable efforts consistent with industry standards but makes no guarantee of specific outcomes due to variables outside its control, including client hardware, third-party software, pre-existing conditions, or existing configurations. To the extent permitted by applicable California law, you agree to compensate HDC for all time and effort expended regardless of outcome, at applicable hourly rates, consistent with California Business and Professions Code.

3. Unused Service Hours, Incidents, or Subscriptions

Unused service hours, incidents, or subscription credits expire at the end of the applicable term. No carryover, refund, or credit will be issued unless agreed to in writing by HDC. HDC reserves sole discretion in defining the scope of "hours" and "incidents," with definitions available upon request.

4. Service Areas

HDC may define, modify, or discontinue service areas at its sole discretion, effective immediately upon posting. Services rendered outside designated areas may incur trip fees, which will be confirmed prior to scheduling. Contact HDC for current service area definitions and applicable rates.

5. Service Volume and Resale Restrictions

You may not resell HDC services or exceed usage thresholds as established by HDC. Usage thresholds will be defined and communicated to you in writing prior to enforcement. Violations — classified as "service abuse" — authorize HDC to immediately suspend services, assess additional fees, or terminate this Agreement without refund, consistent with California contract law. Repeated violations may result in permanent termination of the client relationship at HDC's sole discretion.

6. Service Limitations

HDC may assess additional fees for services outside standard offerings, including complex repairs or specialized configurations. Such fees will be disclosed prior to work commencing. You must reject additional services in writing within 24 hours of notification to avoid obligation.

7. Service Availability

HDC services are subject to operational capacity and may be limited without notice for maintenance or other operational requirements. Remote services require a stable internet connection of no less than 100 Mbps, which you are solely responsible for providing. HDC is not liable for service interruptions or delays caused by client-side failures, third-party outages, or external events.

Force Majeure: HDC is exempt from liability for delays or service failures caused by events beyond its reasonable control, including acts of God, government actions, or third-party interference, pursuant to California Civil Code § 1511.

8. Access Requirements

You must provide HDC with complete physical and digital access to all relevant systems, peripherals, software, and credentials required to perform services. You must also provide a safe, climate-controlled, powered, and networked workspace in compliance with California Occupational Safety and Health Act (Cal/OSHA) standards.

If HDC determines — at its sole discretion — that access, information, or working conditions are insufficient to safely or effectively perform services, HDC reserves the right to deny service. A cancellation fee of $170 will apply, representing a reasonable estimate of HDC's actual costs for a denied service call, consistent with California Civil Code § 1671(b). Repeated access failures may result in permanent termination of the client relationship at HDC's sole discretion.

9. Software, Hardware, Licensing & Warranties

Licensing: You are solely responsible for ensuring all software in use is properly licensed under California and federal law. HDC provides no warranties or support for third-party products unless explicitly stated in a separate written agreement. In the event that unlicensed, counterfeit, or improperly licensed software is discovered during a service engagement, you agree to indemnify, defend, and hold harmless HDC from any and all claims, penalties, or legal exposure arising from such licensing violations, to the extent permitted by applicable California law. HDC reserves the right to immediately suspend services upon discovery of unlicensed software without refund.

Orders: Hardware or software procured by HDC on your behalf becomes final upon invoice payment (full or partial). Cancellations will incur a fee of $85 or 25% of the order value, whichever is greater, deducted from any refund issued within 10 business days. Technical and labor fees are non-refundable. HDC assumes no liability for third-party product defects, compatibility issues, or warranty claims.

10. Termination

HDC may terminate or suspend this Agreement or any service immediately and without notice or refund for any reason, including but not limited to breach of terms, non-payment, suspected fraud, service abuse, or operational disruption. Terminated clients may be barred from future services at HDC's sole discretion, consistent with California private business rights.

For subscription services, HDC may issue a Non-Renewal Notice no fewer than 15 days prior to the next billing period. Full payment for the current term remains due regardless of termination timing.

11. Payment of Fees

All fees — including service, trip, no-show, and late fees — plus applicable taxes are due immediately upon invoicing. Subscriptions are billed monthly in advance.

Late Fees: Overdue balances will accrue a flat late fee of $35 per invoice per month until paid in full, plus all reasonable collection costs. Attorney fees incurred in collection efforts are your sole responsibility.

Cancellation & No-Show Fees: You must notify HDC at least 4 hours prior to a scheduled appointment to avoid cancellation fees. Fees are as follows: On-site = $170; Remote = $85. These fees represent a reasonable estimate of HDC's actual costs and are enforceable as liquidated damages under California Civil Code § 1671(b) with no exceptions.

12. Disclaimer of Warranties and Limitation of Liability

HDC PROVIDES ALL SERVICES "AS IS" AND "WITH ALL FAULTS." HDC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED UNDER CALIFORNIA LAW. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF HDC SERVICES.

HDC does not warrant that services will be uninterrupted, error-free, or free from security vulnerabilities. HDC is not liable for data loss, hardware damage, system changes, or outcomes resulting from pre-existing conditions, whether known or unknown at the time of service.

Liability Cap: HDC's total liability for any claim arising under this Agreement shall not exceed the greater of $100 or the fees paid for the specific service within the prior 30 days. HDC shall not be liable for any indirect, incidental, special, or consequential damages — including lost profits, business interruption, or data loss — even if foreseeable, pursuant to California Civil Code § 1671.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hi Desert Computers, its officers, employees, affiliates, and suppliers from and against any and all claims, damages, losses, costs, and expenses — including reasonable attorney fees — arising from or related to, to the extent permitted by applicable California law:

• Your breach of this Agreement or any applicable California or federal law.
• Your use or misuse of HDC services.
• Your negligence or willful misconduct.
• Any intellectual property disputes arising from your systems or data.
• Any licensing violations, including unlicensed or improperly licensed software discovered during a service engagement.

This indemnification obligation survives termination of this Agreement.

14. Notices

To HDC: Notices must be sent to info@hidesertcomputers.com or via certified mail to HDC's registered California business address.

To You: Notices are effective when sent to your last known email address or posted to our website. You consent to electronic notice delivery pursuant to California's Uniform Electronic Transactions Act. Your email address on file is considered binding for all notice purposes.

15. General Provisions

Governing Law: This Agreement is governed exclusively by the laws of the State of California, without regard to conflict-of-law principles. Any disputes not resolved informally shall be submitted to binding arbitration in Riverside County, California, under the rules of the American Arbitration Association, pursuant to California Code of Civil Procedure § 1280 et seq. In any arbitration or legal proceeding, attorney fees and costs shall be awarded to the prevailing party pursuant to California Civil Code § 1717. This provision applies mutually to both HDC and the client.

Severability: If any provision of this Agreement is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, with all remaining provisions continuing in full force.

Survival: Sections 9, 12, 13, and 15 survive expiration or termination of this Agreement.

Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior representations, agreements, or understandings, whether oral or written.