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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.

 


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