Service & Repair Agreement Terms & Conditions

This is a binding contractual agreement between 1010Computers & I (The client) 

—-PLAIN ENGLISH VERSION—-

I (the client) understand and agree to the following: 

*1010Computers does not accept responsibility for backing up any data or installed software applications that may be on my
device(s) hard drive(s). I am solely responsible for making sure that all critical data is backed up before tendering my device(s) and providing copies of any licensed software if necessary for registering/activation of aftermarket software unless the service(s) are requested above in detail. 

*Data backup, ghosting, drive imaging, drive copying and data transfer depends on the condition of your disk and data integrity. Charges will apply for these backup services. 

*1010Computers does not provide any form of warranty for the functionality or licensing of software that is installed by its
technicians. 

*1010Computers absolutely do not cover any misuse, tampering, abuse, fire, theft, accidental damage, surges, spikes or brownouts that occur in the customer’s possession. This applies to all provided services. 

*I understand that all discounts, coupons, and certificates are to be presented and submitted at the time of check-in of the device(s) or it will not be applied to the current invoice. 

*I understand that if my invoice is not paid in full within 30 days of the completion date of my repair; all discounts, coupons, and
certificates will become void and I will be required to pay the full amount of the repair. 

*I understand that when I bring in my system for repair or a technician comes out to me that I will be charged a minimum of $40.00 for a diagnosis fee. Any further work needed will be quoted. The diagnosis fee is waived if I decide to get
the work performed by the 1010Computers technician(s) on the day of the diagnosis. This fee will be applied if the technician arrives and is unable to complete the job due to lack of required services, including but not limited to electricity, internet, phone service, or any other unforseen resource required to complete the job.

The minimum (trip fee) for all business service calls is $75.00 which I agree to pay if the appointment is not cancelled prior to two hours before my schedule appointment time.

*When I drop off my device(s)/or a 1010Computers technician picks it/them up, the technician will give me an estimate of when the repair or maintenance will be finished; if this estimate changes, the technician will notify me at the phone or email address above. All wanted items/accessories is my responsibility. When I pick up my device(s), I will make sure that I also pick up all peripheral devices and media, and I will not hold 1010Computers responsible for the subsequent
loss of any items that I may leave behind. I am also responsible for distinguishing new from old parts and will not hold 1010Computers responsible for discarding the incorrect parts. 

*I understand that devices with liquid damage are not guaranteed due to the complexity of issues commonly caused by liquid spills, and if the tech decides to repair the device, they will not be held accountable for further unforeseen issues
that may occur, and these items are not covered under any warranty policy.

*1010Computers technicians will work on my computer to the best of their abilities; however 1010Computers does not guarantee that its technicians will be able to solve the problem or problems that my device(s) is experiencing.

*After 30 days from time of completion of machine, if the invoice is not paid in full, there will be a storage fee of
$5.00/day added to the total amount owed until the 45th day. After 45 days if I have not made arrangements to pay for and pick up the machine, the machine will be considered abandoned, and the machine will become the property of 1010Computers.  If the work was onsite or performed via a remote session, I am still be subject to a civil suit.  Late invoices for jobs performed onsite or remotely are subject to a $50.00/Month late fee.   If a lawsuit is filed, I will be held reliable in court for the total of the work order, all legal cost, and the financing
fees acquired. 

*I acknowledge and understand I will be charged an additional fee of $40.00 for all returned checks which covers bank fees as well as resources and time needed to correct the payment a second time and if this fee is not paid, legal actions may be taken against me/my organization.

LAST MODIFIED January 2014.

—-OFFICIAL LEGAL VERSION—-

1010COMPUTERS is owned and operated by 1010Computers, LLC. dba 1010COMPUTERS (hereinafter “1010COMPUTERS”, “we”, “us”, “our”). We reserve the right to change these terms at any time as we see fit. It is the responsibility of any subscriber, user, customer or prospective customer (“client”, “you”, “your”) to read these terms of service before contacting us to schedule a service engagement. BY CONTACTING 1010COMPUTERS FOR ANY REASON YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS THEY EXIST, OR AS THEY ARE UPDATED OR AMENDED. IF YOU (the “CLIENT”) DO NOT ACCEPT THESE TERMS, THEN YOU SHOULD NOT CONTACT 1010COMPUTERS.

SERVICES – 1010COMPUTERS provides equipment resale and web design services, as well as support and repair information and services related to audio/video/entertainment/voice equipment, technology integration, computers, portable devices, computer networks and software. We reserve the right to refuse to service any product and any client for any reason that does not violate these terms or local and national law.

1010COMPUTERS will attempt to diagnose and provide, or suggest, a solution to the problem(s) and question(s) presented by the client in exchange for a service fee. 1010COMPUTERS representatives ARE NOT able to provide services OTHER THAN THOSE LISTED HERE. OUR STAFF IS NOT ABLE TO ASSIST WITH MOVING FURNITURE or any other service that involves handling anything other than the ELECTRONIC devices associated with the request that was scheduled for that time.

NOTE TO CALIFORNIA CONSUMERS – AN ESTIMATE FOR REPAIRS, AS REQUIRED (SECTION 9844 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE), SHALL BE GIVEN TO THE CLIENT BY 1010COMPUTERS IN WRITING. 1010COMPUTERS MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT THE PRIOR CONSENT OF THE CUSTOMER. WHERE PROVIDED IN WRITING 1010COMPUTERS MAY CHARGE A REASONABLE FEE FOR SERVICES PROVIDED IN DETERMINING THE NATURE OF THE MALFUNCTION IN PREPARATION OF A WRITTEN ESTIMATE FOR REPAIR. FOR INFORMATION, CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO, CA 95814.

If, during the course of our services, additional problems are discovered, additional charges may be required to resolve those newly discovered issues. If additional problems are discovered, we will generate a revised estimate and we will promptly submit that revised estimate to you. No work associated with these additional problems will be performed until you approve the revised estimate. If you are unavailable to approve these additional charges, and no further work can be performed until that approval is provided, all work will stop until you approve the revised estimate. We are not responsible for delays in the completion of a service as a result of our inability to receive feedback from you related to the repair process. The cost of the service call/repair(s) will still be invoiced at full price as we have honored our tech time onsite.

No work will be done to troubleshoot or resolve issues that do not affect the normal operation of the equipment and are not requested by the client.

In some situations, a solution, diagnosis or support may not be completed due to an issue with your computer, its configuration or other issue that is beyond our control. If a situation of this nature occurs, we will make every reasonable attempt to complete the service(s) as requested by the client in another way or at another time. Regardless of the outcome, the client is still responsible for charges for the time and effort spent in an attempt to provide services even if a complete solution is not provided.

CLIENT RESPONSIBILITIES

A. DATA – You understand and agree that it is your responsibility to back-up data, software, files or other electronic information stored within a computer hard disk drive or other memory device or drive associated with or connected to the device(s) submitted to us for any service performed by us. You agree that whether or not you request back-up services from 1010COMPUTERS, 1010COMPUTERS shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

B. AGE – You represent that you are 18 years of age or older. If you are not 18 years of age or older, your repair form must be reviewed, initialized and signed by a parent or legal guardian. For onsite service involving individuals who are under the age of 18, an adult parent or legal guardian must be present at all times during the service visit.

C. ACCOUNTS – You agree that you are responsible for all activity and use of your account with 1010COMPUTERS. You agree and understand that you accept full responsibility and liability for the actions of anyone who uses our services via your account.

D. SCHEDULING – You agree that you will be available at your scheduled appointment time. Applicable no-show, cancellation or late fees are due according to standard payment practices. 1010COMPUTERS agrees to be on-site within 15 minutes of the scheduled appointment time and will stay on-site for no more than 30 minutes after the originally scheduled meeting time.

E. SAFE & REASONABLE ACCESS – You agree to provide safe access to all equipment involved in your request. This includes the computer system, ALL CABLES (INCLUDING THE POWER CABLES) CONNECTED TO ALL COMPONENTS OF THE COMPUTER SYSTEM, the network, peripherals and any other device(s) involved in your request. It is at the sole discretion of the 1010COMPUTERS representative to determine whether or not he or she has safe access to the equipment. If the 1010COMPUTERS representative determines that he or she does not reasonably have access, cooperation, or safe working areas, then service may be denied and a $40.00 or $75.00 cancellation fee will be charged. Under no circumstances will 1010COMPUTERS staff handle anything other than those devices associated with the specific request that was scheduled for that time.

SERVICE COVERAGE – 1010COMPUTERS reserves the right to add or eliminate service coverage areas with or without notice to the client. We also have the authority to change, establish and charge additional fees for areas outside of our normal service areas. For all on-site services, 1010COMPUTERS charges a trip fee of $0.50 per mile as defined by travel time from our main office in McDonough, GA.

UNUSED BILLABLE TIME – Any unused billable time will not carry forward. Service hours and incidents are at our sole discretion.

PAYMENTS – 1010COMPUTERS’s invoiced services are due upon completion of services (unless a NET30 application has been approved and sent via email). This means that full payment of the invoice balance is due on the date of completion of services. If full payment is not received within 30 days a late fee equivalent to $50.00 per month, which will be applied to the invoice and a revised invoice will be sent to the client for which you agree to be responsible.

AVAILABILITY OF SERVICES – Services may not be available at all times. 1010COMPUTERS or its subsidiaries, suppliers or partners may restrict the availability of service or its times of availability to perform scheduled or unscheduled maintenance at any time without notice or liability. For remote services, specific Internet connection requirements are necessary. It is the responsibility of you the user to maintain Internet connectivity to allow for adequate service levels. 1010COMPUTERS will at its sole discretion determine adequate service levels.

The client acknowledges that circumstances outside of our control may arise that may lead to service delays. The client hereby releases us from any and all liability and agrees that we are not responsible for any direct or indirect damages resulting from any service delays.

DISCLAIMER OF LIABILITY – To the maximum extent permitted by law, 1010COMPUTERS will under no circumstances be liable for any special, indirect, incidental or consequential damages resulting from the performance of any of our services, including but not limited to loss of business, goodwill, reputation, damage to, or corruption of data; or any costs of recovering, programming or restoring any program or data stored or used with your product and any failure to maintain the confidentiality of data stored on your product.

1010COMPUTERS DOES NOT WARRANT THAT IT WILL BE ABLE TO PERFORM ITS SERVICES WITHOUT RISK TO OR LOSS OF YOUR PROGRAMS AND/OR DATA, AND MAINTAIN THE CONFIDENTIALITY OF YOUR DATA. IF ANY HARDWARE PRODUCT SHOULD BECOME PHYSICALLY DAMAGED OR LOST WHILE IN 1010COMPUTERS’S CUSTODY, OUR LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED HARDWARE PRODUCT.

CONSENT

By contacting 1010COMPUTERS and utilizing our services you are hereby consenting to all terms set forth in this agreement. This includes ALL LIMITATIONS OF DAMAGE PROVISIONS as outlined in this Terms of Use. You also consent to the collection and utilization of information by 1010COMPUTERS. If you do not consent to any of the terms set forth in this agreement, do not contact 1010COMPUTERS.

LAST MODIFIED  JUNE 2013