I. MAINTENANCE CONTRACT ORDER: BASIC PLAN
Computer Solutions of Florida, LLC authorizes the sale and purchase of an annual service maintenance contract in accordance with all of the terms and conditions of this Agreement. By accepting all of the terms and conditions the client requests Computer Solutions of Florida, LLC to provide regular maintenance on their computer systems in their home or via Remote Assistance Software in accordance with the specified plan they have chosen. The client agrees that all of the terms and conditions of this Agreement will apply to any revisions or renewals of the contract submitted to Computer Solutions of Florida, LLC by the client.
II. MAINTENANCE PERIOD
The client will receive maintenance in accordance with the plan specified within this agreement, and consisting of two maintenance visits scheduled over the period of one calendar year. The year shall begin on the date the contract is purchased, or on completion of the initial maintenance whichever is later. Computer Solutions of Florida, LLC reserves the right to alter such period. Computer Solutions of Florida, LLC may also discontinue the contract in whole or in part. Computer Solutions of Florida, LLC will attempt to notify the Client prior to altering or discontinuing the time scheduled for the maintenance service agreement. Should Computer Solutions of Florida, LLC fail to provide service for the term of the contract specified within this agreement; Computer Solutions of Florida, LLC shall refund a pro-rated amount to the client for all unfulfilled maintenance visits remaining on the client’s plan. In all instances, the contract is considered fulfilled upon the completion of the third and final service regardless of the calendar date or the number of days that comprised the term.
a. Payment is due immediately upon agreeing to terms and conditions. Accepted forms of payment are cash, certified check, or money order. VISA, MasterCard, Discover Card, and American Express are accepted forms of payment only by an exception agreed upon by Computer Solutions of Florida, LLC prior to rendering the service. Any credit card exceptions may include a 3.5% credit card processing fee at the discretion of Computer Solutions of Florida, LLC. All applicable sales taxes apply.
b. Approved open accounts are net 15 days on maintenance and web development projects.
c. Computer Solutions of Florida, LLC may require a deposit and signed Quote/SOW or Payment in Full prior to beginning work, particularly with new maintenance, consulting, and web development clients.
d. Computer Solutions of Florida, LLC reserves the right to withhold the return of the client’s equipment until said payment is received.
f. The Client is entitled to have the specific services, as outlined in the maintenance contract’s description, performed. If a Computer Solutions of Florida, LLC technician determines that the repairs needed are not covered by the maintenance contract originally chosen by the client additional charges will apply to any and all additional services. Computer Solutions of Florida, LLC will notify the client of the additional services necessary to complete their repair and proceed only upon the client’s approval. Should the client refuse an additional service that is required to successfully complete the initial service, the service will not be covered under any warranty and may render the maintenance contract void should refusal of additional service render the covered PC unusable, and or needlessly unresponsive.
IV. OVERDUE ACCOUNT POLICY
a. Past due accounts of more than net 15 days, regardless of balance owed, are subject to a 2% monthly service charge: minimum $35. Past due accounts with invoices covering billable outside services/travel expenses will incur additional past due charges. Late invoices will be sent to the client each month with these additional fees added to the total balance. Should a client remit payment for an overdue account without adding the late fees to their payment, the invoice will still be open and late fees will continue to accrue of at least $35 per month, until the invoice is completely paid in full.
b. Failure to settle any invoice including any invoice for additional charges as stated in (IV. a,) above, will render the client liable, at the company’s sole discretion, to lose any discount entitlement and to pay interest on the outstanding invoices at 5% per annum, accruing monthly.
c. In addition, Computer Solutions of Florida, LLC makes every attempt to contact the client through our Account Manager(s), e-mail, and phone calls to resolve any outstanding balances before further action may be needed.
d. Computer Solutions of Florida, LLC also reserves the right to require a full up-front payment before rendering new services on accounts with a prior Computer Solutions of Florida, LLC history of being consistently overdue.
e. Should a client be consistently overdue (30 days overdue, 2 or more times) on any account with Computer Solutions of Florida, LLC over the prior 24 months, then Computer Solutions of Florida, LLC reserves the right to terminate the relationship with the client after payment is made in full, or require future services be paid up-front, in full, before services are provided.
f. If a client account remains outstanding after all other options have been exhausted, Computer Solutions of Florida, LLC may seek legal action to collect the amount due, and/or seek the assistance of an off-site collection agency.
V. RETURNED CHECKS & OTHER RETURNED FUNDS
If a client’s payment to Computer Solutions of Florida, LLC is returned or refused deposit from Computer Solutions of Florida, LLC’s or the client’s banking institution(s), or from the client’s credit card company, for any reason, then Computer Solutions of Florida, LLC will re-issue a new invoice to the client including the following:
1. A $35.00 non-refundable fee
2. Any additional banking fees
3. The amount of the original invoice.
Payment of this new invoice will be due immediately in the form of either: certified check, money order, cash, or approved secured credit card. Should immediate payment not be re-issued by client, then all other policies above will apply.
The Client warrants that the content contained on their computer not infringe on the copyright or other intellectual property rights of any third person, business, or corporation. The client warrants that it has the unrestricted right to use all programs, media, graphics, portraits, photographs, pictures, and otherwise unlisted content contained on their computer; and agrees to hold Computer Solutions of Florida, LLC free from harm in any disputes involving third parties. The Client further warrants that the content contained on their computer does not violate local, state or federal law, or contain any material that is illegal, libelous, tortuous, involves moral turpitude, or appears indicative of the Clients intent to commit a crime which could result in bodily harm to self or others; and agrees to hold Computer Solutions of Florida, LLC free from harm in any disputes resulting from the discovery or disclosure of such material to law enforcement or other third party agencies. This Section shall remain in effect after termination of this Agreement.
VII. LIMITED WARRANTY
This contract provides a guarantee that all labor outlined above is covered for the duration of the service contract. Only the labor is covered. Installation and service offerings do not include parts, accessories, or software.
It is your responsibility to back up any / all data contained on your hard disk and / or storage devices prior to your scheduled service call. Computer Solutions of Florida, LLC will not be held responsible for loss, damage, corruption, or alteration of any files, software, or data. Only in the event of any error caused by Computer Solutions of Florida, LLC will service be warranted, then the Computer Solutions of Florida, LLC will correct the error within a reasonable time frame after receiving notice from the Client of the error. In order to avail itself of the correction remedy, the Client must make a written claim of such an error to the Computer Solutions of Florida, LLC. Computer Solutions of Florida, LLC will not provide any compensation for errors whether it be the fault of Computer Solutions of Florida, LLC or the Client, either monetarily, or in the form of extended services. There will be no additional charges for the corrections if they are reported within one calendar month of the completion of services if they are verified to be the fault of the Computer Solutions of Florida, LLC. The above limited remedies shall apply to all claims, causes of action, damages, fines, penalties, or liabilities that the participant may have against Computer Solutions of Florida, LLC including but not limited to claims based on breach of contract, torts (such as negligence or recklessness), or strict liability.
EXCEPT FOR ANY WARRANTY EXPRESSLY MADE BY COMPUTER SOLUTIONS OF FLORIDA, LLC PURSUANT TO THIS AGREEMENT, COMPUTER SOLUTIONS OF FLORIDA, LLC HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF QUALITY OF ANY COMPUTER PROGRAMS, ANY AND ALL IMPLIED WARRANTIES OF INFORMATIONAL CONTENT, AND ANY AND ALL WARRANTIES AS TO ANY EFFORT MADE TO ACHIEVE A PARTICULAR PURPOSE. COMPUTER SOLUTIONS OF FLORIDA, LLC MAKES NO WARRANTY THAT THE CLIENT’S COMPUTER SHALL REMAIN FREE OF VIRUSES OR POTENTIALLY DAMAGING CODE.
Notwithstanding anything in this Agreement to the contrary, in no event will Computer Solutions of Florida, LLC or their employees or agents be liable for any damages or expenses caused by system failure caused by any on line service or computer system failure, or by any transmission, access, or communication problems. Notwithstanding anything in this Agreement to the contrary, Computer Solutions of Florida, LLC is not responsible for the quality of the Client’s computer condition to the extent that it may be affected by any operating system problems, network failure, or online internet service providers (ISPs). In no event will Computer Solutions of Florida, LLC be liable for any consequential, exemplary, incidental, punitive, or special damages arising out of this Agreement, including but not limited to loss of profit, or loss of data.
VIII. DISCLOSURE OF INFORMATION
c. Computer Solutions of Florida, LLC will collect personally identifying information including but not limited to, name, e-mail address, postal address, telephone number as well as aggregate information including but not limited to, computer hardware and software configuration, type of operating system, internet browsing history, hardware and software diagnostic and repair reports, license and registration information, from the Client when the Client voluntarily requests Computer Solutions of Florida, LLC perform service(s) on their behalf.
d. Computer Solutions of Florida, LLC may disclose personally identifiable information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (i) conform to legal requirements or comply with legal process; (ii) protect the rights or property of Computer Solutions of Florida, LLC or its affiliated companies; (iii) investigate or prevent a crime or protect national security or any incident in which we believe that you have used your equipment to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; or (iv) protect the personal safety of users or the public.
e. Computer Solutions of Florida, LLC can, at its sole discretion, disclose any content found on the Client’s computer that violates local, state or federal law, or contains any material that is illegal, libelous, tortuous, involves moral turpitude or appears indicative of the Clients intent to commit a crime which could result in bodily harm to self or others; including, but not limited to real or perceived: child pornography, child abuse, illegal or unethical behavior with a minor, terrorist activities, plans or admissions detailing the commission of a violent crime or intent to do so, or any content deemed morally or legally reprehensible by Computer Solutions of Florida, LLC technicians.
f. Any information discovered in the course of authorized computer service is subject to this clause including but not limited to pictures, videos, documents, emails, internet browsing history, audio files, cookies, or temporary files including cache files; whether intact or partially deleted, whether present on an installed hard drive or external device provided with or attached to the computer at the time of service. External media such as CDs, DVDs, Flash Drives, or memory cards are subject to this clause if they are present in the device or provided directly by the Client regardless of whether their inclusion was intentional or accidental.
g. The client retains no expectation of privacy in regard to this information, and Computer Solutions of Florida, LLC can, and must in some cases, disclose such information to third party sources including but not limited to law enforcement agencies, employers, family members, or any person who is the subject or target of any of the above described information. In the event the subject is a minor, the above information can additionally be reported to the child’s parents or guardians, school administrators in the district in which the child attends, county departments of child and family services or any other entity deemed pertinent by Computer Solutions of Florida, LLC.
h. Computer Solutions of Florida, LLC does not have the resources or authority to investigate or determine the validity, origin, author, source, original context, or purpose for which this information was obtained by the Client; and in all disclosure instances, provides this information exclusively at face value to a third-party entity(s) for further investigation. Computer Solutions of Florida, LLC has no obligation to divulge to the Client that such information was disclosed or to whom it was submitted. By choosing to have Computer Solutions of Florida, LLC perform service on their equipment, the Client agrees to hold Computer Solutions of Florida, LLC free from harm in any disputes involving disclosure of information to third parties.
i. In no event will Computer Solutions of Florida, LLC be liable for any consequential, exemplary, incidental, punitive, or special damages that arise as a result of any information disclosed to a third party, including but not limited to loss of profit, loss of data, loss of reputation, or loss of community standing.
The Client agrees to defend, hold harmless and indemnify Computer Solutions of Florida, LLC for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties arising out of the Client’s breach of any warranty made by the Client pursuant to this Agreement. The Client further agrees to defend, hold harmless and indemnify Computer Solutions of Florida, LLC for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties arising out of the Client’s negligent or reckless acts or omissions arising out of this Agreement.
X. ADDITIONAL TERMS
a. Peripheral Installation includes upgrades only on fully functional systems. Limited repair of malfunctioning hardware, onsite service, & upgrades requiring internal installation are covered only in the Advanced Maintenance Plan. Computer Solutions of Florida, LLC must be notified in writing, no later than 48 hours in advance, of your request to utilize these services.
b. This subscription includes technical consultation and recommendations provided by Computer Solutions of Florida, LLC Specialists. You are expected to follow reasonable recommendations to ensure peak performance of your computer system(s). Our contract requires that adequate anti-virus and anti-spyware protection is installed and enabled to run. Intentionally uninstalling or disabling protection software constitutes a breach of contract and additional charges or cancellation of service may result.
c. Computer Solutions of Florida, LLC does not repair or endorse any file sharing programs that would infringe the copyright laws protecting the files in question.
d. Computer Solutions of Florida, LLC will remove any program that is causing harm or has the potential to cause harm to your system; this includes but is not limited to: programs that contain or install spyware / adware, programs that open up unsecured ports, key loggers, programs that contain or facilitate the introduction of any virus, trojan, hijacker, BHO, or key logger to the client’s system.
e. This contract provides a guarantee that all labor outlined above is covered for the duration of the service contract. Only the labor is covered. Installation and service offerings do not include parts, accessories, or software.
f. It is your responsibility to back up any / all data contained on your hard disk and / or storage devices prior to your scheduled service call. Computer Solutions of Florida, LLC will not be held responsible for loss, damage, corruption, or alteration of any files, software, or data.
g. An adult or individual above the age of 18 must be present at the scheduled time of any onsite service. Computer Solutions of Florida, LLC Specialists must receive full access to all computers and / or peripherals to be serviced; including but not limited to: remote assistance connections, access to residence, safe working environment, working space, electricity, and your full cooperation and consent.
h. If the above conditions are not met, Computer Solutions of Florida, LLC reserves the right to cancel the service call and assess a cancellation charge.
i. Computer Solutions of Florida, LLC reserves the right to cancel any and / or all serviced ordered and refund the client’s payment in whole or in part if a condition exists that impairs the rendering of services. This includes but is not limited to repairs which exceed the systems worth, wiring, overcoming physical or technical barriers, or any other requirements of a client that is abnormal or outside the scope of work covered by this agreement as reasonably determined by a representative of Computer Solutions of Florida, LLC and / or any third-party service providers.
j. All Computer Solutions of Florida, LLC maintenance plans are sold as remote computer support, and in all cases we will exhaust all measures to complete the maintenance remotely. This includes but is not limited network troubleshooting, verification of service with ISP, and necessary re-installation of remote assistance software.
k. On site maintenance is performed at no additional charge for Advanced Maintenance Plans only. Basic Maintenance Plan customers will be charged our standard mileage charge for travel expense.
l. Computer Solutions of Florida, LLC requires a minimum of 48-hour notice for all service requests. All service requests that have not been scheduled at least 48 hours in advance, that must be resolved between 5:00 PM and 8:00 AM Eastern Standard Time, weekends or holidays will incur an emergency service charge.
m. If Computer Solutions of Florida, LLC’s ability to render service is impaired by you and / or circumstances outside of the control of Computer Solutions of Florida, LLC and / or any third-party service providers, Computer Solutions of Florida, LLC may choose not to render service.
n. You may cancel your scheduled service call provided you give Computer Solutions of Florida, LLC at least two hours notice prior to the scheduled performance of service. Failure to do so could result in the assessment of a service charge, repeated failure could result in cancellation of service and a breach of this contract.
o. Requesting service calls is the responsibility of the client. Computer Solutions of Florida, LLC provides access to an online calendar that displays both your recommended upcoming service call windows, as well as previous maintenance services and their case notes. The software has the ability to provide you with both desktop alerts and email reminders for upcoming maintenance calls.
p. The client may postpone service beyond the recommended 120-day interval period; however, Computer Solutions of Florida, LLC reserves the right to apply an additional service call to a maintenance if it has been postponed to such an extent that it causes the duration of the current service call to be greatly extended.
q. Under no circumstances will any maintenance contract be extended beyond one calendar year from the date of the initial service without prior consent from Computer Solutions of Florida, LLC in writing.
r. All scheduled service calls are approximate times, and not a guarantee of appointment, extenuating circumstances, including but not limited to: traffic and or hindrances to transportation, hazardous travel conditions, power outages, and / or any other unforeseen circumstance could result in delay or rescheduling of your appointment at the specialist’s discretion. All reasonable attempts will be made to perform your service at the mutually agreed upon date and time.
s. Service calls are scheduled every 180 days at a mutually agreed upon date and time. All work is warranted one month following the date of service. Problems arising after the service but before the next scheduled service must be reported immediately to Computer Solutions of Florida, LLC via phone or by emailing firstname.lastname@example.org. Failure to do so will void any warranty and could result in additional charges during your next scheduled visit. Upon receipt of a reported problem, Computer Solutions of Florida, LLC will make all reasonable attempts to contact you in a timely manner. If your issue cannot be resolved via phone or email support, a specialist will be dispatched to assess your problem on site. This visit will be free of charge provided that the cause of the problem is not deemed to be the result of: abuse, neglect of system warnings or notifications, internal or external modifications to the system not performed by a Computer Solutions of Florida, LLC specialist, or any activity that ignores or contradicts recommendations / advice given to you by your specialist.
t. Service calls that occur outside of the above stated thirty day warranty, or within the thirty day warranty and deemed to be problems unrelated to the maintenance visit or a Computer Solutions of Florida, LLC technician’s negligence; occurring between regularly scheduled maintenance visits will be billed per instance at the stand alone services rate. The client may choose to apply one of their remaining maintenance visits to cover the cost of the labor involved in the service call if they have maintenance visits remaining on their plan. If the client chooses that option, the next service call will be used and any remaining maintenance visits will be scheduled at 120 day intervals based on the date of the emergency service. This option can be used as often as the client wishes; however, in all cases, this contract is considered fulfilled upon completion of three service calls. All maintenance visits are to be performed regularly and the interim between them shall not exceed 130 days unless a special exception has been approved in advance by Computer Solutions of Florida, LLC in writing.
u. New computers which are purchased to replace a computer currently covered under a maintenance plan, that has unused maintenance visits remaining under it’s original plan, will automatically inherit the remaining maintenance visits for the computer it replaced provided the previously covered computer is no longer in use.
v. Under no circumstances will Computer Solutions of Florida, LLC and / or it’s third party service providers be liable to you or any other person for damages including but not limited to: incidental, indirect, special or consequential damages, expense costs, profits, lost savings and / or earnings, lost or corrupted data, arising out of or related to services provided by Computer Solutions of Florida, LLC or any third party service providers, or out of the installation, uninstallation, use of, or inability to use your computer, peripherals, or network, resulting from the services provided hereunder.
w. By requesting this service plan you release and hold harmless Computer Solutions of Florida, LLC and / or it’s third party service providers any loss, liability, or damage, that you the owner or lessee may suffer, including but not limited to: any loss of any data, any component or element of your computer system or peripherals resulting from Computer Solutions of Florida, LLC, it’s Specialists, third party service providers and their agents, and or partners regardless of the warranties, disclaimers and waivers, services shall constitute liquidated damages and are a reasonable estimate of damages to you.
x. This contract may be canceled by contacting Computer Solutions of Florida, LLC within 72 hours of signing, provided no service has been rendered. If service has been rendered and you choose to cancel this subscription, you will be charged the “Stand Alone Service” charge(s) at the “Stand Alone Service” rate for all completed services. The payment amount or balance will be refunded in the manner the purchase was paid. If you paid by cash or check you should receive a refund check in the mail within 10 business days.