TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS OF SERVICE APPLY TO SERVICES PERFORMED BY Russell K. Weisenbacher- Computer Consultant (A.K.A.- RussTheComputerGuy). FOR THE PURPOSES OF THIS FORM THE TERMS “WE, US, OUR” ARE TO REFERENCE SERVICES PERFORMED BY Russell K. Weisenbacher- Computer Consultant (A.K.A.- RussTheComputerGuy). THE phrases “YOU, YOURS, MY LOCATION, I, MY, MINE” IS TO REFERENCE YOU (THE CUSTOMER) AND/OR YOUR EQUIPMENT (CUSTOMERS EQUIPMENT) SERVICE IS PERFORMED EITHER AT YOUR ADDRESS ("ON-SITE") OR SERVICES ARE PERFORMED BY TAKING YOUR EQUIPMENT BACK TO OUR LOCATION “OUR LOCATION”. >>> YOUR VERBAL CONSENT AND/OR SUBSEQUENT SIGNATURE ON THE WORK ORDER/INVOICE FORM INDICATES YOUR AGREEMENT TO THE TERMS AND CONDITIONS STATED HERE. <<<
(1) Scheduling: Service hours are all by appointment.
(2) Service Area: RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT (A.K.A.- RussTheComputerGuy) provides service generally to Suffolk and Nassau County and surrounding areas. Additional charges may apply for service outside of these areas (i.e.- Manhattan, Bronx, Brooklyn, Queens, Staten Island, New Jersey, Connecticut, Upstate New York, etc.).
(3) Adult Presence Required: For all on-site services, a person of at least 18 years of age must be present during the entire time service is being provided. If no adult is present at the indicated time of service, we will be unable to provide any service and a $50 Cancellation charge will be assessed.
(4) Backups: It is the customer's responsibility to back up all software and data that is stored on your computer's hard drive or other storage device(s) PRIOR TO our arrival to perform service. RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) shall not be responsible at any time for any loss, alteration or corruption of any software, data and/or file. If you wish, RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) can attempt data back up at your discretion, but again, RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) shall not be responsible at any time for any loss, alteration, or corruption of any software, data, and/or file. ADDITIONALLY, Customer needs to have either a working battery backup (UPS) or working surge suppressor strip for computer equipment to plug into for AC power.
(6) Access: RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) must receive full access to the computer(s) and/or peripheral(s) to be serviced. This access includes, but is not limited to: Access to your residence or business; Consent and cooperation to enter residence or business; Safe working environment; and Working space and power. If reasonable access is not available at the indicated time of service, we will be unable to provide any service and a $50 Cancellation charge will be assessed.
SUPPORT
(1) Services: RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) will attempt to diagnose and provide a solution for your problem for an applicable fee. We do not offer phone support, but do have limited e-mail support after the initial on-site service visit. E-mail support hours are limited and complete diagnosis and support may not be possible because of a problem with your computer or its configuration beyond our control and, therefore, a further on-site service visit may be required.
LIMITATIONS AND RELEASE OF LIABILITY:
(1) LIMITATIONS TO SERVICE: RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) reserve the right to refrain from providing services ordered and instead refund the customer's payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the customer are unusual or extensive and beyond the scope of this service agreement as reasonably determined by RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT .
(2) FORCE MAJEURE: If RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT’S(A.K.A.- RussTheComputerGuy) ability to render services is impaired by you or circumstances beyond the control of RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT , we may choose not to provide service.
(3) LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) NOR ITS OWNER RUSSELL K. WEISENBACHER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) AND/OR ITS THIRD PARTY SERVICE PROVIDERS OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.
(4) RELEASE OF LIABILITY: BY AGREEING TO OUR SERVICES, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) , ITS OWNER RUSSELL K. WEISENBACHER AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF COMPUTER DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT , RUSSELL K. WEISENBACHER, AND/OR ITS THIRD PARTY SERVICE PROVIDER'S AGENTS, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.
PLAIN ENGLISH: Computer work is inherently risky, and you need to have backups of ALL important data, files, pictures, videos, etc., BEFORE service commences. Once work is started, we are NOT responsible for any LOSS of data on your computer (although we will try and save data before we commence service).
CANCELLATIONS AND REFUNDS
(1) Cancellations must be completed by calling 516-639-4530 OR E-Mailing: rweisenw@optonline.net . Please try to give some advanced notice of cancellation. Pre-payment, if any, will be fully refunded in the manner the purchase was paid, if such purchase was done prior to service call.
(2) Special ordered items may not be cancelled after the order has been placed. Standard items may be cancelled but customer is responsible for all shipping, restocking and or fees for return.
(3) If you are not satisfied with your service, please call 516-639-4530 OR E-Mail: rweisenw@optonline.net for resolution. We guarantee our on-site service for 15 days. If there is a problem with the service provided and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost.
RATES AND SERVICE INFOMATION:
(1) On Site Service/Installation Rates charged are: $100.00 for the first hour and $50.00 for each hour after the first hour. I also understand that under certain distance circumstances, an additional distance charge of $50.00 to $75.00 may apply (see Service Area (2) above).
(2) Shop (meaning at our establishment) Rates will vary as follows:
(2) RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT (A.K.A.- RussTheComputerGuy) technicians will work on my computer to the best of their abilities; however RUSSELL K. WEISENBACHER- COMPUTER CONSULTANT(A.K.A.- RussTheComputerGuy) does not guarantee that its technicians will be able to solve the problem or problems that the computer is experiencing.
(3) If your equipment is in need of repair outside of your residence/business: Make sure that you have any CDs or cables that came with the system at the time of turn in. Failure to turn in these items may result in the delay of your repair. (Imagine taking your car in for service and not leaving the keys, it’s the same thing!)
(4) Most of the time spent repairing a computer is diagnosing the problem. The actual repair could take as little as 5 minutes, but figuring out and isolating problems; especially multiple connected or unconnected issues, intermittent problems or some difficult troubleshooting can take hours or sometimes days, depending on the tools and software / diagnostics that are needed to run. Some diagnostics take much time; as in defragmenting a hard drive or running a scan disk or virus / spyware killing. Understand that the time to repair a problem is always longer than service done for preventive maintenance.
(5) Finally, we can only repair as fast as your computer will run and some procedures take much time (as stated earlier).