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TERMS OF SERVICE |
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FixSlowComputers.com - Computer Repair Terms and
Conditions Agreement.
BY CLICKING ON THE "AGREE" button - you are
acknowledging that you have read and understand, and
agree to the computer repair terms and conditions
agreement below. YOU AGREE TO THESE REPAIR TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE REPAIR TERMS
AND CONDITIONS, CLICK ON THE "CANCEL" button; no
estimate will be made, no work will be done and no
charges will apply.
You have requested service from fixslowcomputers.com,
hereafter referred to as “FSC”. FSC will diagnose and
service your computer for a fee as described in
Paragraph 3 below.
Services and Diagnostic Fee. FSC will perform all
necessary services reasonably necessary to properly
complete the repair of your computer or system.
Payment. Your payment for the
actual costs incurred and the final sum owed, is due
in full upon completion of service. Deposits will
be applied toward your final bill before it is
submitted.. Should it be determined in the course
of the performance of diagnostics that the problems on
your computer are hardware based, FSC will notify you of
same and you may take or send the hardware to a repair
station of your choice or to FSC if applicable, for service on the
hardware; diagnostic fees may still be applicable. No
adequate estimate of that expense can be determined
without actually testing the hardware.
Transfer or Installation Services. Unless otherwise
agreed, FSC is not liable for and you agree to hold FSC
and all owners and agents 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 FSC's 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 FSC
to transfer the information and accept such terms
on your behalf in performing the service.
Warranty. In servicing your computer, FSC warrants that
service will be performed in a professional and timely
manner. All services are warranted for a period of 7
days at the discretion of FSC. There is NO warranty for
removal of viruses, spyware, adware or mailware; 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 FSC. FSC
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
FSC 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, FSC
HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED
COMPUTER. FSC'S ENTIRE LIABILITY TO YOU FOR DAMAGES
ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE
SERVICE OF YOUR COMPUTER, WHETHER DUE TO FSC'S ERROR OR
NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE
AMOUNTS THAT YOU PAY FSC FOR SUCH SERVICE. FSC 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. FSC 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 FSC IN AN AMOUNT NOT TO
EXCEED WHAT YOU PAID FSC 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 FSC to commence its
services for you.
This agreement shall be construed under the laws of the
State of Texas. 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
undertaken as "fast track" proceedings and shall only be
commenced in Harris or Fort Bend County, Texas. 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 State of Texas.
This paragraph is intended to be and shall be construed
as a forum selection clause, and the parties agree to
bound hereto.
Thank you very much for choosing FixSlowComputers.com
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