updated 2/22/07
Terms of Service
1.
DISCLAIMER
PC Tune-Up Pros offers computer service, repair and
upgrading services as is. We believe business should be
conducted honestly, fairly and be subject to reasonableness.
We strive to provide the highest quality of service and
support. We cannot guarantee specific results for our
services, but will operate under the principles stated above
and expect you to do the same.
2. PAYMENT TERMS
PC Tune-Up Pros offers free evaluation of your problem with
an On-Duty Technician. If determined that PC Tune-Up Pros
can fix your problem using PC Tune-Up Pros, a form of
payment must be provided before the service is performed.
Full payment is due upon completion of servicing. Failure to
pay may result in the debt being turned over to a
collections agency and reporting to the credit bureau. You
will be responsible for all costs incurred by us, collection
agencies, or courts incurred by litigation for failure to
pay. If PC Tune-Up Pros is unable to fix your problem using
PC Tune-Up Pros, other options will be presented to you and
you will not be charged for your PC Tune-Up Pros session.
3. GUARANTEE
Fees will be refunded if PC Tune-Up Pros is unable to solve
your problem. Once an order has been placed, it's the
sole discretion of PC Tune-Up Pros to decide whether or not
we can resolve the problem. In some instances,
research time may be needed in order to find a resolution to
the problem. In these instances, if the problem is
resolved by anyone else during this time, this does not
constitute PC Tune-Up Pros not being able to resolve the
problem and your fees will not be refunded. In some
instances, it may be required for you to obtain hardware at
the request of the technician. In these instances, your
ticket will remain open for 7 days in order for you to
obtain the hardware to complete the service. Failure to
obtain and/or call PC Tune-Up Pros back to complete the
service does not constitute PC Tune-Up Pros not being able
to solve your problem and fees
will not be refunded. In other instances, your original
Windows installation disk will be required to resolve your
issue. In these instances, your ticket will remain open for
7 days in order for you to obtain a replacement disk. Failure to obtain or the absence of this disk does
not constitute PC Tune-Up Pros not being able to solve your
problem and fees will not be refunded. All services
include a 7 day guarantee from date of original service.
4. LIABILITY
We provide our services in en effort to fix, upgrade, or
otherwise repair the computer systems for which you request
such services. We will not intentionally harm your system.
It is our goal to fix your computer, not damage it
more. In the case of accidental damage or data loss to your
system, further damage or data loss caused by already
existing problems in your system such as viruses, misconfigured software, or hardware problems/failures, you
agree to hold us, PC Tune-Up Pros, and any persons
associated with or involved in the work being done for you,
non-liable for any damages resulting from such problems.
5. SERVICE AND SUPPORT
Customer satisfaction is of utmost importance to us. We will
backup our work with support services. Free support will be
provided for problems requested to be resolved in the work
order but not resolved. Additional support may be provided
free of charge at our discretion.
Terms of
Unlimited Support Services Agreement
DESCRIPTION
OF SERVICES.
PC Tune-Up Pros (PCTUP) will provide to Client the following
services (collectively, the "Services"):
Unlimited Support Services for one (1) computer.
SERVICES COVERED AND NOT COVERED.
PCTUP Help Desk Membership covers all of our services
described on our site; including all necessary software and
limited hardware problem diagnosis/configuration.
PCTUP services do not cover any hardware replacement.
PAYMENT.
Client agrees to pay an initial setup fee which
includes the first month of service. A monthly fee
will then billed on the anniversary date of setup
for a minimum term of twelve (12) months. If payment becomes
thirty (30) past due, the total remainder of contract amount
is due in full.
TERM.
This Agreement will remain in effect for a period of twelve
(12) months and is non-refundable. This constitutes the
initial terms. This Agreement shall automatically be renewed
as month-to-month bases following the initial terms unless
either party notifies the other party regarding non-renewal
thirty (30) days prior to the expiration of the term.
Pre-Pay Premium Memberships are automatically renewed on the
anniversary date of initial setup.
An early termination fee of 75% of the remaining cost of the
term will be charged to Client, as reasonable charges for
liquidated damages if this Agreement is terminated before
the initial term date.
PCTUP reserves the right to terminate this agreement at any
time at PCTUP's discretion at any time.
TRANSFER.
Client is able to transfer agreement to one (1) different
computer per year. This is in the event the customer
purchases a new computer and wants to transfer agreement to
this new computer. Any additional transfers within a
given year will require a one time set-up fee of $89.95 per
new computer.
INDEMNIFICATION.
Client agrees to indemnify and hold PCTUP harmless from all
claims, losses, expenses, and/or fees including attorney
fees, costs, and judgments that may be asserted against
PCTUP.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the parties,
and there are no other promises or conditions in any other
agreement whether oral or written concerning the subject
matter of this Agreement. This Agreement supersedes any
prior written or oral agreements between the parties.
GOVERNING LAW.
This Agreement shall be construed in accordance with the
laws of the State of California.