TERMS OF SERVICE
updated 2/22/07
Terms of Service
1. DISCLAIMER
GoToMyPCTech 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
GoToMyPCTech offers free evaluation of your problem with
an On-Duty Technician. If determined that GoToMyPCTech
can fix your problem using GoToMyPCTech, 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 GoToMyPCTech is
unable to fix your problem using GoToMyPCTech, other
options will be presented to you and you will not be
charged for your GoToMyPCTech session.
3. GUARANTEE
Fees will be refunded if GoToMyPCTech is unable to solve
your problem. Once an order has been placed, it's the
sole discretion of GoToMyPCTech 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 GoToMyPCTech 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 GoToMyPCTech back to complete the
service does not constitute GoToMyPCTech 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
GoToMyPCTech 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, GoToMyPCTech,
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
1.
DESCRIPTION OF SERVICES.
GoToMyPCTech (TOMPCT) will provide to Client the
following services (collectively, the "Services"):
Unlimited Support Services for one (1) computer.
2.
SERVICES COVERED AND NOT COVERED.
TOMPCT Help Desk Membership covers all of our services
described on our site; including all necessary software
and limited hardware problem diagnosis/configuration.
TOMPCT 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.
3.
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.
TOMPCT reserves the right to terminate this agreement at
any time at TOMPCT's discretion at any time.
4.
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 TOMPCT harmless from
all claims, losses, expenses, and/or fees including
attorney fees, costs, and judgments that may be asserted
against TOMPCT.
5.
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.
6.
GOVERNING LAW.
This Agreement shall be construed in accordance with the
laws of the State of California.
|