STANDARD TERMS AND CONDITIONS
Last Update: 2021-01-01
CLIENT’S ACCEPTANCE OF TECHPROS’ SERVICES IS EXPRESSLY MADE CONDITIONAL ON CLIENT’S ACCEPTANCE AND ACKNOWLEDGEMENT OF THE FOLLOWING TERMS AND CONDITIONS. CLIENT’S ASSENT TO THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT SHALL BE CONCLUSIVELY PRESUMED FROM BUYER’S ACCEPTANCE OF ALL OR ANY PART OF TECHPROS’ SERVICES. NONE OF THESE TERMS AND CONDITIONS MAY BE ADDED TO, MODIFIED, SUPERCEDED, OR OTHERWISE ALTERED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY TECHPROS AND CLIENT.
1. Unless otherwise stated in writing, payment in full is due at the time services are rendered and/or products are provided. Any amount due pursuant to this Agreement that is not paid within thirty (30) days of the due date is subject to a 3.0% monthly interest charge or an interest rate charge equal to the maximum rate permitted by applicable law. In no event will such interest rate exceed the maximum rate permitted by applicable law. Payment for any subscription or digital service is due in full for the entire term of the service at the beginning of the service term. All service trips are subject to a flat $40 trip fee within the defined service area. Any service trip outside of the defined service area will be billed at the standard hourly rate and the flat trip fee will be waived.
2. TechPros’ services are provided as "best efforts" services and without warranty except as specifically set forth herein. TechPros will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed. Software programs may be installed as deemed appropriate for troubleshooting or problem resolution. TechPros may refrain from providing services on the basis that the minimum system requirements are not met or the technical needs or other requirements are unusual or excessive. In some cases TechPros may not be able to provide its services because of complications relating to the Client’s computer or its configuration. The estimated length of time required to perform services is only an estimate, as the actual length of time cannot be adequately predicted. Certain services, including but not limited to virus and spyware removal, may damage software and/or data installed on your computer. This is to be expected and may require the re-installation of your operating system, programs, and data. Client is responsible to understand the impact of upgrades to the operating system, applications and utility software. Such upgrades can lead to incompatibilities and the possible loss of data. Computer hardware and software work together and incompatibility may not become apparent until a later date. Client is responsible for contacting the manufacturer of its software regarding compatibility issues.
3. Client understands and agrees that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer and that TechPros may not have the ability to obtain the information necessary to resolve a specific technical problem. Unless otherwise specified, TechPros’ services exclude training on hardware or software use, warranty repairs, or product replacement. TechPros does not support all software, hardware or Internet related products, applications or features and reserves the right to defer support issues to Client’s equipment or software vendor. In order to receive TechPros’ services, Client must have: (a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and (b) completed a back-up of any data, software, information or other files stored on Client’s computer disks and/or drives. Data is the most important part of a computer system because it is often irreplaceable. As a result of the services provided, data may get damaged or at worst, deleted. Client is responsible for backing up its own data. TECHPROS IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR ALTERATION OF DATA, SOFTWARE OR FILES THAT MAY RESULT FROM TECHPROS’ SERVICES. CLIENT IS SOLELY RESPONSIBLE FOR ANY AND ALL RESTORATION AND RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS. Client is responsible for ensuring that any information or data disclosed to TechPros’ technicians is not confidential or proprietary to Client or any third party. Client hereby grants TechPros and its technician’s permission to view, access, and modify Client’s computer(s) (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform its services. Client acknowledges and agrees that Client is the owner or authorized user of any hardware or software about which Client is contacting TechPros.
4. CLIENT AGREES THAT TECHPROS’ AGGREGATE TOTAL LIABILITY TO CLIENT FOR DAMAGES RELATED TO SERVICES PROVIDED BY TECHPROS IS LIMITED TO THE TOTAL AMOUNT OF MONEY THAT CLIENT PAID FOR SUCH SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL TECHPROS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER MONEY DAMAGES THAT RELATE TO OR ARISE OUT OF CLIENT’S USE OF TECHPROS SERVICES OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF OR DAMAGE TO DATA, DELETION OF FILES OR ELECTRONIC MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER DAMAGING CODE, PERMANENT OR TEMPORARY LOSS OF USE OF EQUIPMENT OR FACILITIES, INTERRUPTION OF BUSINESS, OR ANY FAILURE OF PERFORMANCE, AND WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
5. TechPros cannot guarantee its services will resolve Client’s issues or problems. TechPros warrants that it will make reasonable efforts to perform services in a professional manner. TO THE EXTENT PERMITTED BY LAW, TECHPROS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND ARISING FROM OR RELATING TO TECHPROS’ SERVICES, THESE TERMS AND CONDITIONS, ANY RECOMMENDATION OF SUPPORT TECHNICIANS, OR ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED AND/OR PROVIDED BY TECHPROS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TECHPROS MAKES NO WARRANTY THAT (i) THE INFORMATION AND/OR PRODUCTS OBTAINED AND/OR PROVIDED FROM THIRD PARTIES WILL BE ACCURATE OR RELIABLE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLIENT THROUGH TECHPROS WILL MEET CLIENT’S EXPECTATIONS. CLIENT IS SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM TECHPROS’ SERVICES. ANY REMOTE SERVICES PROVIDED BY TECHPROS ARE WITHOUT ANY WARRANTY, EXPRESSLY OR IMPLIED.
6. Any product, software, hardware, services provided by a third party, or equipment that is provided by or through TechPros is without any warranty from TechPros. Client will look solely to the manufacturer and/or supplier of any such product, software, hardware, services, or equipment for any and all claims.