Terms Of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Acknowledgment and Acceptance of Terms of Service (the “Agreement”) is provided to you (the “customer”) in connection with the service(s) that the customer has requested, submitted, or purchased (the “Service”) from PC-Protechs, LLC (“PC-Protechs LLC”).
Unless otherwise stated in writing by PC-Protechs LLC, all fees and charges for the Service are due upon invoicing or sale of the Service. All fees and charges are nonrefundable. A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. PC-Protechs LLC may hold all of customer’s equipment, and customer grants a lien to PC-Protechs LLC on all of customer’s equipment, until customer’s account with PC-Protechs LLC is paid in full. All equipment left for Thirty (30) days or more may be disposed of as abandoned property by PC-Protechs LLC.
Customer represents to PC-Protechs LLC that customer has the authority to authorize PC-Protechs LLC to perform the Service. customer authorizes PC-Protechs LLC to take all necessary steps to perform the Service.
Any completion date quoted is PC-Protechs LLC’s best estimate and is subject to customer providing all necessary information in a timely manner. customer agrees that PC-Protechs LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. PC-Protechs LLC reserves the right to deny Services ordered and refund customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs or other requirements of the customer are unusual or extensive and beyond the scope of this agreement.
PC-Protechs LLC’s policy is to respect the privacy of its customers. PC-Protechs LLC may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. PC-Protechs LLC reserves the right to report to law enforcement agencies any activities that PC-Protechs LLC, in good faith, believes to be unlawful. PC-Protechs LLC may share certain personal information when it believes that such release is reasonably necessary to protect the rights, property and safety of others and itself. PC-Protechs LLC may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to PC-Protechs LLC servicing any customer equipment it is customer’s responsibility to (1) back-up the data, software, information or other files stored on customer’s computer, disk drives, peripherals, MP3 player, and/or on any other electronic storage device; and (2) remove all compact disks, floppy disks, laser disks, or other media from customer’s product. It is customer’s responsibility to back-up all data on computers and other devices; PC-Protechs LLC will not be held liable for loss of any customer data.
AUTHORIZATION TO ACCEPT LICENSE AGREEMENTS
To complete the Service, it may be necessary for PC-Protechs LLC to install and accept software license agreements on customer’s equipment on behalf of customer. customer authorizes PC-Protechs LLC to accept any terms of service or license agreements necessary to complete the Service without any further notice to customer. customer releases PC-Protechs LLC from any liability as a result of accepting any software license agreement on behalf of customer.
customer agrees to indemnify, defend, and hold harmless PC-Protechs LLC (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including, but not limited to, cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by PC-Protechs LLC by reason of, or arising from: (a) customer’s breach of this Agreement; (b) customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) customer’s actual or alleged failure to promptly pay sums due to PC-Protechs LLC or third parties; (d) customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of customer (or its officers, directors, employees or agents).
PC-Protechs LLC does not provide any guaranty or warranty for any parts, software, or materials obtained from a third-party manufacturer. customer is solely responsible for properly registering all third-party parts and materials installed on customer’s equipment during the Service with the manufacturer. customer is responsible for any labor costs associated with the repair or service of a defective third-party part or material.
DISCLAIMER OF WARRANTIES
Unless otherwise stated in writing, PC-Protechs LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PC-Protechs LLC makes no warranty that the Service will meet customer’s requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor does PC-Protechs LLC make any warranty as to the results that may be obtained from the Service or as to the accuracy or reliability of any information obtained through the Service. customer understands and agrees that any material and/or data downloaded or otherwise obtained during the completion of the Service is done at customer’s own discretion and risk and that customer will be solely responsible for any damage to customer’s equipment or loss of data that results from the download of such material and/or data. customer releases PC-Protechs LLC from all liability that may result from the loss or destruction of customer’s data.
LIMITATION OF LIABILITY
It is customer’s responsibility to back-up the software and data that is stored on customer’s computers, hard disk drive(s), and/or on any other storage devices customer may have, and PC-Protechs LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. PC-Protechs LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to customer by PC-Protechs LLC. Notwithstanding, PC-Protechs LLC’s maximum liability to customer arising from the Service is the total amount paid by customer to PC-Protechs LLC under this Agreement.
SEVERANCE AND MODIFICATION
Any provision of this Agreement which is or may be void or enforceable shall to the extent of such invalidity be deemed severable and shall not affect any other provision of this Agreement. This Agreement may be amended, modified and supplemented only by written agreement of the parties hereto or as otherwise provided herein.
CHOICE OF LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any legal action brought as a result of this Agreement shall be brought in Manitowoc County, Wisconsin. customer and PC-Protechs LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.