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|Computer Service Agreement|
Pricing and Payments: Customer agrees to pay the Contract Price as well as any applicable taxes and other necessary charges. Customer also agrees to pay any additional charges or fees applied to the account for any reason, including but not limited to, interest and charges due to insufficient funds. Hard Drive ER, LLC will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix Customer’s computer or network problem. If Hard Drive ER, LLC is unable to resolve the computer problem, Customer will still be liable for charges for time spent by Hard Drive ER, LLC in an attempt to correct a problem. All payments must be received within thirty days of receipt of invoice. Cash, personal checks, and Visa or MasterCard credit cards are accepted as forms of payments. Payments not received within thirty days of receipt of invoice with incur a service charge of two percent per month. There will be a $25.00 fee for any returned check.
Scope of Support:In the event that the problem cannot be resolved because the issue is outside the scope of support and needs to be handled by the computer manufacturer, an outside vendor, or another provider, the hourly rate still applies. The technician will attempt to contact the company/vendor/person who will handle and/or escalate the issue. This provision includes but is not limited to (I) dealing with internet connection problems where it is determined that the cause of the problem is not the computer but a networking component supported by the internet service provider, (II) licensed software or hardware issues that must be handled by the computer or product manufacturer if the product is under warranty, or (III) any other third-party specialized software/hardware
Time Estimates:All dates or schedules which may be specified for delivery of the services covered hereby are estimates. Hard Drive ER, LLC shall not incur any liability nor shall any order be cancelled because of or as a result of any delays in meeting such dates or schedules.
Backup:Although Hard Drive ER, LLC will attempt to back up software and data stores on Customer’s computer, it is Customer’s responsibility to ensure that a full and complete backup is performed. Hard Drive ER, LLC shall not be responsible at any time for any loss, alteration or corruption of any software, data or files.
Abandonment:Items left for more than ninety days after completion of service will be considered abandoned and will become the property of Hard Drive ER, LLC
Limited Warranty:Hard Drive ER, LLC warrants that services will be performed in a workmanlike manner. However, it does not warrant, nor will it be responsible for, the performance of any third-party products. Customer’s sole and exclusive rights and remedies with respect to any third-party product will be against the third-party vendor and not against Hard Drive ER, LLC. Hard Drive ER, LLC does agree, however to assign to Customer any assignable warranties that may be received from any such third-party vendor. In the event it is asked to re-perform any work and Hard Drive ER, LLC determines in its sole discretion that it has already met the obligations under this paragraph, Customer agrees to pay on a time and materials basis at the standard rates for time spend on such additional work. Hard Drive ER, LLC’s warranty is void upon any modifications to the services or worked performed by Hard Drive ER, LLC. In the event Customer requests work or services that is contrary to the recommendations of Hard Drive ER, LLC, no warranty will be made with respect to any such services or work, and Customer agrees to identify and hold Hard Drive ER, LLC harmless against damage incurred as a result of such services or work.
The preceding is the only warranty concerning the services and any work product, and is made expressly in lieu of all other warranties and representation, expressed or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise.
EXCEPT FOR THE EXPRESS WARRANTY AS DESCRIBED ABOVE, THERE ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WRITTEN, ORAL, OR ARISING UNDER CUSTOM OF TRADE INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR REPRESENTATIONS AT ANY TIME MADE BY ANY REPRESENTATIVE OF HARD DRIVE ER, LLC SHALL BE EFFECTIVE TO VARY OR EXPANT THE ABOVE-REFERENCED EXPRESS WARRANTY OR ANY TERMS HEREOF.
Limited Liability:The maximum liability relating to services rendered under this Agreement (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the charges paid to Hard Drive ER, LLC for the portion of its services or work products giving rise to liability. Neither party will be liable for consequential, incidental, special or punitive damages (including loss profits or savings) even if aware of their possible existence. Neither party will be required to identify the other under any settlement made without its consent. This section shall survive termination of this agreement.
Complete Agreement:This Agreement sets forth the complete agreement between the parties and supersedes all previous discussions and communications relating to the subject matter of this agreement
Governing Law:This Agreement shall be governed by and construed in accordance with the law of the State of Ohio.
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