(1) Terms of Guarantee: 30 days on workmanship for
both hardware and software, manufacturers warranty on parts.
Applies to labor only and only to specific issue (s)
requested. New issues which may arise hours later or
days later are not covered under this guarantee. If
there is a problem specifically with any issue we diagnosed
and repaired, we will make it right with you at no
additional charge. However, if the issue is unrelated
to our service, then you will be charged. Customer
understands best effort support will be provided and as
such, additional service and/or equipment may be required in
order to reach customer goals.
IMPORTANT NOTICE: These Terms of Service apply only to
“remote support,” which means The I.T. Guys perform
technology services for you over the telephone at
813-333-2878 or via the internet. Please note that different
Terms of Service apply to services rendered from The I.T.
Guys personnel who visit your home or business.
REMOTE SERVICES
(a) General Services: The I.T. Guys will attempt to
diagnosis your technology problem, provide an estimate of
applicable service fees (plus applicable taxes), and then
provide you with a technology solution over the telephone or
via the internet. In certain cases, however, problem
diagnosis and support may not be completed because of a
problem with your computer or its configuration that is
beyond our control.
(b) Remote Support Services: Remote support services may
be offered to you over the telephone or via the internet if
your PC was built within the last four years, you have a
working cable or DSL high speed internet connection, and
your operating system is Windows 98SE or newer. If you elect
to receive remote support, then The I.T. Guys remotely log
on through your high-speed internet connection to view your
computer desktop from the The I.T. Guys Operations Center.
The I.T. Guys stay in contact with you to keep you fully
briefed on every step of the process as your technology
problem is resolved. Remote support may involve the
installation of software on your computer that will allow
The I.T. Guys to provide remote support services. By
electing to receive remote support, you agree to allow The
I.T. Guys to use whatever tools deemed necessary to repair
your computer, including remote access. You understand that
if remote access is used on your computer there will be no
residual software from the remote session; however, there
may be a text file placed on your computer that will explain
the work that was done on your computer. If such a text file
is placed on your computer, you have the option to either
save the file for future reference or to delete it from your
computer.
(c) Your Responsibility: You understand and agree that
prior to contacting or allowing The I.T. Guys to perform
diagnostic repair or other services on your computer, it is
your responsibility to back-up the data, software,
information or other files stored on your computer disks
and/or drives. You acknowledge and agree that The I.T. Guys
shall not be responsible under any circumstance for any loss
or corruption of data and/or software.
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: THE I.T. GUYS RESERVE
THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED
REMOTE SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR
IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER
REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE
OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY THE
I.T. GUYS.
(b) FORCE MAJEURE: If The I.T. Guys ability to render
remote services is impaired by you or circumstances beyond
the control of The I.T. Guys, The I.T. Guys may choose not
to provide or to discontinue remote services.
(c) LIMITATION OF LIABILITY: To the extent permitted by
law, you agree that The I.T. Guys total liability for
damages related to its remote services is limited to the
total amount you pay for the remote services, and you
release The I.T. Guys from liability for any indirect,
incidental, special, or consequential damages. THE I.T. GUYS
IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY
DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR
OTHER PRODUCT.
SERVICE WARRANTY
If you are not satisfied with remote services received from
The I.T. Guys, please call 813-333-2878 for resolution. We
warrant our remote services for 7 days following the date
you received remote service; however, for repairs
necessitated by a virus or spyware, the service warranty is
valid only if the anti-virus and anti-spyware protection for
your product is installed or updated during the repair or
promptly thereafter (i.e., before you connect again to the
internet). If there is a problem with the service provided
by The I.T. Guys and if you notify us within the warranty
period, we will work to remedy your problem quickly and at
no additional cost.
PRIVACY POLICY
For information about the collection and use of your
information, please refer to The I.T. Guys Privacy Policy,
which is available at
www.theitguysinc.com or by contacting The I.T. Guys at
813-333-2878.
LEGAL NOTICE
LAST UPDATED: June 8, 2007
IMPORTANT NOTICE: These terms of service apply to
services ("Pay for Support" and "In-Home Service") ordered
from The I.T. Guys by phone at 813-333-2878. Services
provided by The I.T. Guys personnel On-site may differ from
the terms and conditions defined here.
Terms and Conditions
PAY FOR SUPPORT
(a) Services: The I.T. Guys will attempt to
diagnose and solve problems over the telephone for an
applicable fee. In certain cases, however, this may not be
possible because of problems with your computer or its
configuration that are beyond our control.
(b) User Responsibility: You understand and agree that
before The I.T. Guys perform diagnostic repair on your
computer, it is your responsibility to back up the data,
software, information, or other files stored on your
computer disks and/or drives. You acknowledge and agree that
The I.T. Guys shall not be responsible under any
circumstance for any loss or corruption of data and/or
software.
IN-HOME SERVICE
(a) Scheduling: Standard service hours are Monday — Friday 9
A.M. to 6 P.M., Saturday 10 A.M. to 2 P.M. Additional
charges may apply for rapid response or service outside of
standard hours.
(b) Service Jurisdiction: The I.T. Guys set the Service
Jurisdiction for each city. If a location lies beyond The
I.T. Guys standard Service Jurisdiction, additional travel
charges may apply. To determine if your location is within
The I.T. Guys standard Service Jurisdiction, contact us
online at
www.theitguysinc.com or call 813-333-2878 for
information and applicable travel charges.
(c) Adult Must Be Present: For on-site services, a person
at least 18 years of age must be present during the entire
time period services are provided. If no adult is present
when the The I.T. Guys personnel arrive, services will be
denied and a $139 cancellation charge will be assessed.
(e) Software/Data Backup: It is your responsibility to
back up all software and data on your computer's hard
drive(s) and/or any other storage devices before the The
I.T. Guys personnel arrives. The I.T. Guys and/or its
third-party service provider shall not be responsible at any
time for any loss, alteration, or corruption of any
software, data, or files.
(f) Minimum System Requirements (wireless home networking
only):
-
At least 10MB free hard disk space and 32 MB RAM on
each computer
-
Operating system and/or ISP passwords must be
available
-
Microsoft Windows 98 SE operating system or later
-
Operating system discs and key codes must be
available
-
All computers and/or peripherals must be in good
working order and spyware free
-
Broadband services, if any, must be installed and
operational before service, including modem
connections. DirecPC™ and DirecWay™ broadband are
not covered by The I.T. Guys services.
-
For narrowband (dialup) networking, The I.T. Guys
will connect only to MSN or EarthLink.
(g) Access: The I.T. Guys personnel must have 1) access
to your residence or business and the computer(s) and/or
peripheral(s) to be serviced, 2) your consent and
cooperation to enter your residence or business, 3) a safe
working environment, work space, and 4) electrical power. If
the The I.T. Guys personnel determine that these conditions
have not been met, services will be denied and a $139
cancellation charge assessed.
PAY-FOR-SUPPORT AND IN-HOME SERVICE TERMS
Service Limitations: The I.T. Guys and/or its third-party
service providers reserve the right to refrain from
providing any or all services ordered and refund the
customer's payment, wholly or in part, if minimum system
requirements are not met or if technical conditions (such as
wiring difficulties or physical barriers) or customer
requirements are unusual, extensive, or beyond the scope of
this service agreement as reasonably determined by The I.T.
Guys and/or its third-party service provider.
Force Majeure: If The I.T. Guys and/or its third-party
service provider's ability to render services is impaired by
circumstances beyond the control of The I.T. Guys and/or its
third-party service provider, The I.T. Guys and/or its
third-party service provider may choose not to provide
services.
Limitation of Remedy: Under no circumstances shall The
I.T. Guys, and/or its third-party service provider be liable
to you or any other person for any damages, including
without limitation any indirect, incidental, special or
consequential damages, expenses costs, profits, lost savings
or earnings, lost or corrupted data, or other liability
arising out of or related to the services provided by The
I.T. Guys and/or its third-party service provider or out of
the installation, de-installation, use of, or inability to
use your computer equipment, hardware, peripherals, or the
network as a result of the services provided hereunder.
Release of Liability: By signing the form on the opposite
side of this page, you agree to release and hold harmless
The I.T. Guys, and/or its third-party service provider from
and against any loss, liability, or damage that you, the
owner, or lessee may suffer. This includes but is not
limited to data loss or lack of function in any component or
element of your computer system and/or peripherals as a
result of The I.T. Guys and/or its third-party service
provider's agents, partners, and/or third-party service
providers, regardless of the warranties, disclaimers, and
waivers particular service and shall constitute liquidated
damages and are a reasonable estimate of damages to you.
CHANGES, CANCELLATIONS AND REFUNDS
To change your order: You must contact The I.T.
Guys Customer Service at 813-333-2878.
To cancel your order: You must contact The I.T. Guys
Customer Service at 813-333-2878 at least 24 hours prior to
the scheduled service. The payment amount will be fully
refunded in the manner the purchase was paid.
If you are not satisfied with your service: Call
813-333-2878 for resolution. We stand behind our
Pay-for-Support services for 7 days. We stand behind our
In-Home Service for 30 days. If there is a problem with the
service we provided and you notify us within the allotted
time period, we will work to remedy the problem quickly and
at no additional cost.
FOR IN-HOME SERVICES PROVIDED IN CALIFORNIA
An estimate as required (Section 9844 of the
California Business and Professions Code) for repairs shall
be given to the customer by The I.T. Guys in writing, and
The I.T. Guys may not charge for work done or parts supplied
in excess of the estimate without prior consent of the
customer. Where provided in writing, The I.T. Guys may
charge a reasonable fee for services provided to determine
the nature of the malfunction when preparing a written
estimate for repair. For information contact the Bureau of
Electronic and Appliance Repair, Department of Consumer
Affairs, Sacramento, CA 95814.
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