Terms and Service
THESE TERMS OF SERVICE APPLY TO ALL SERVICES ("REMOTE PHONE SUPPORT" AND "ON-SITE SERVICE" AND ANY OTHER SERVICE) ORDERED FROM WITZEND COMPUTING.
ON-SITE AND REMOTE SUPPORT:
BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE WITZEND COMPUTING CONSULTANT TO YOUR HOME OR BUSINESS. WITZEND COMPUTING SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.
SCHEDULING: Standard service hours are Monday - Friday, 8:00am - 6:00pm (PST). Additional charges may apply for service outside of standard installation hours.
You may cancel your order if you give Witzend Computing at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 1-619-301-3501. If you choose to cancel your order with less than two hours notice you will be charged one hour of service at the Witzend Computing standard rate.
An Adult Must Be Present At Residences or Business: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. IF THE WITZEND COMPUTING CONSULTANT ARRIVES AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED.
If you are not satisfied with your service: Please call 1-619-301-3501 or email info@witzendcomputing.com for resolution. We stand behind our On-Site Service as defined in the Scope of Service for 14 days. If there is a problem with the service we provided as defined in the scope and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL WITZEND COMPUTING 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 WITZEND COMPUTING 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.
RELEASE OF LIABILITY: BY ORDERING SERVICE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS WITZEND COMPUTING 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 ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM WITZEND COMPUTING, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.
WITZEND COMPUTING DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATIONS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU. WITZEND COMPUTING DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS GUARANTEE OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE.
LIMITATIONS TO SERVICE: WITZEND COMPUTING RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL 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 REQUIRED SOFTWARE OR LICENSE IS NOT AVAILABLE 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 WITZEND COMPUTING.
FORCE MAJEURE: If Witzend Computing’s ability to render services is impaired by you or circumstances beyond the control of Witzend Commputing, Witzend Computing may choose not to provide services.
FOR IN-HOME SERVICES PROVIDED IN CALIFORNIA:
An estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by Witzend Computing in writing, and Witzend Computing may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, Witzend Computing may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information contact the Bureau of Electronic and appliance Repair, Department of Consumer Affairs, Sacramento 95814.
The Witzend Computing Guarantee
We stand behind our On-Site Service for 14 days. If there is a problem with the service we provided please notify us within 14 days and we will work to remedy your problem quickly at no additional cost.
Witzend Computing provides a 30-day replacement cost warrant on all products you buy at cost plus a 10% service fee.