Terms And Conditions
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 Onsite 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 an affordable residential service agreement, with terms arranged according to subscription duration. Customer agrees to this commitment with monthly reoccurring charges. Charges are auto charged from your credit card on the due date. Customer can cancel at any time after initial contract period.
Subscription Service: CGPC Solutions provides subscription service to residential clients, for computers brought into our facility, by remote service, and by phone support. Service can be provided at the customer location for additional charge.
Subscription Service: 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 onsite support, regular scheduled maintenance, remote support, and phone desk support. Please see your specific plan for details.
Managed Service: Managed service plans are monthly, and yearly agreements. Unlimited services are offered for devices included under our "total coverage" managed services plan, 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 billed at a discounted rate (our lowest discounted hourly rate). New projects, installations, and services are billed at a discounted rate (our lowest discounted hourly rate) . Additional services not covered under "bare essentials", and "well covered" plans are provided at a discounted rate (our lowest discounted hourly rate). Web site services are included in some plans. Each managed service plan is priced according to individual needs based on software and technology systems needing support. Pricing shown is a general guideline. *Server support is extra, and exact pricing is quoted by your project manager at assessment.
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, spyware, adware 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.