In authorizing Computer Guy PC Solutions to perform consulting as listed hereon. Computer Guy, and its employees may operate and inspect the described technology, and computers. You will not hold Computer Guy responsible for any lost data, theft, fire, or accident while is the possession of Computer Guy. Computer Guy is not responsible for any damage or injuries that accompany or result from the consulting provided by and equipment furnished by Computer Guy. You must understand that data, programs, operating system licensing, and having a current backup are your (the client’s) responsibility. Computer Guy works to provide a technology solution but since computers and software are mutable systems, there is no warranty implied or otherwise, except upon initial return and inspection. By signing our invoice, you have authorized our consulting services, are satisfied with our service and promising to pay.
IN ALLOWING COMPUTER GUY (CGCP SOLUTIONS) TO PERFORM CONSULTING SERVICES YOU MUST FIRST AGREED TO OUR TERMS AND CONDITIONS - you are acknowledging that you have read and understand, and agree to the computer guy terms and conditions agreement below. YOU MUST AGREE TO THESE TERMS AND CONDITIONS. You have requested service from Computer Guy On-site PC Solutions, hereafter referred to as “CGPC SOLUTIONS”. CGPC SOLUTIONS will provide web site services, diagnose, and service your technology, and perform consulting services of a technical nature for a fee as described below.
Services and Diagnostic Fee: CGPC SOLUTIONS will perform all necessary services reasonably necessary to properly complete the repair of your computer or system.
Payment: For (On-Demand) services your payment for the actual costs incurred and the final sum owed, is due at the time of service. If managed service, or subscription service is provided, then payment is due at the first day of each month for that month's service. Block time purchase of technician time at a discounted rate is available and must be purchased in advance of service.
Subscription Service: CGPC Solutions provides affordable commercial and residential service agreements providing discounted rates for members, with terms arranged according to subscription duration. Customer agrees to this commitment with monthly recurring charges. Charges are auto charged from your credit card on the due date. Charges are processed on the due date for the preceding month's service for clients under a monthly term. Customer agrees to auto charge to customers credit card. Customer can cancel at any time after initial contract period. Support is available for the devices registered as part of the subscription service. Any additional devices will be serviced at additional charge unless added to the subscription service.
On-Demand, and Discounted Block Time: Support for your technology is available on demand for critical, and emergency services. Most on demand services are provided with a first hour charge, and then, hourly rates per technician paid at the time of service. Our charges are higher for services provided on holidays, Sunday, before 7AM, and after 9PM. The fee paid is for our technical consulting services and billed starting from the time of our arrival at your location. Discounted block time rates are available and are pre purchased before service. Pre purchased time will not expire, and is not transferable, or refundable.
Managed Service: Business managed service is provided in a variety of ways including on-site support, regular scheduled maintenance, remote support, and help desk support. Please see your specific plan for details.
Managed Service For Business and Personal Memberships: Managed service plans are monthly, and yearly agreements. Technology management services are offered for companies under our "total coverage" managed services plans, and after our normalization process. Normalization is our way of getting your technology systems prepared for ongoing managed service, and may include a physical assessment, backup, software assessment, software support assessment, and training, network assessments, or other preparatory procedures. Normalization is sometimes billed at a discounted rate (or our lowest discounted hourly rate). New projects, installations, and services are sometimes billed at a discounted rate (or our lowest discounted hourly rate) . We provide technology support and help desk for individuals under our plans (the essentials, well covered, and the professional) and these plans are for one user, and one computer. We provide help desk and other services under these plans. Additional services not covered under "the essentials", "well covered", and "the professional" plans are sometimes provided at a discounted rate (or our lowest discounted hourly rate). Website services are included in some plans.<br>The Essentials plan includes managed anti-virus protection, phone support, real time health monitoring, and discounted priority support. The Well Covered plan includes managed on-line backup up to 1 TB and monthly patch management performed by remote connection, real time health monitoring, as well as help desk support that does not include remote support and discounted priority service for support that is not covered. The professional plan includes managed backup (1 TB) and managed anti virus, with help desk support that includes remote assistance. Also included in the professional plan is real time health monitoring and priority support for services not included.
Transfer or Installation Services: Unless otherwise agreed, CGPC SOLUTIONS is not liable for and you agree to hold CGPC SOLUTIONS, the owner, and associates harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of CGPC SOLUTIONS services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize CGPC SOLUTIONS to transfer the information and accept such terms on your behalf in performing the service. Warranty: In servicing your computer, CGPC SOLUTIONS warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 14 days at the discretion of CGPC SOLUTIONS. There is NO warranty for removal of viruses, spy-ware, ad-ware or malware; if they are the cause of a repeat effort, you will be charged again for that service.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY CGPC SOLUTIONS. CGPC SOLUTIONS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF CGPC SOLUTIONS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY. Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, CGPC SOLUTIONS HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. CGPC SOLUTIONS ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO CGPC SOLUTIONS ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY CGPC SOLUTIONS FOR SUCH SERVICE. CGPC SOLUTIONS HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. CGPC SOLUTIONS EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST CGPC SOLUTIONS IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID CGPC SOLUTIONS FOR THE SERVICE.
Data Protection: You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing CGPC SOLUTIONS to commence its services for you. CGPC Solutions is not responsible for data loss.
This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. Any and all binding arbitration proceedings shall be commenced in Philadelphia County, Pennsylvania. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the Commonwealth of Pennsylvania. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bind hereto.