Tek Micro Terms of Service

THESE TERMS OF SERVICE APPLY TO SERVICES ("REMOTE ASSISTANCE" AND "ON-SITE SERVICE") ORDERED FROM TEK MICRO OVER THE PHONE OR THROUGH TEKMICRO.NET

TERMS AND CONDITIONS

ON-SITE SERVICE
(a) Services: Tek Micro will attempt problem diagnosis and a solution over the telephone and the internet for an applicable fee. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.
(b) Remote Assistance Services: Remote support services may be offered to you over the telephone or via the Internet if, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows based versions: Windows 98 or newer. If you elect to receive remote support, then Tek Micro will remotely log on through your high-speed Internet connection to view your computers desktop and files. By ordering such assistance, you fully authorize Tek Micro and its agents to take full control of your computer in an attempt to resolve any problems. Remote support may involve the installation of software on your computer that will allow Tek Micro to provide the remote support services. By electing to receive remote support, you agree to allow Tek Micro to use whatever tools deemed necessary to repair your computer, including remote access and third party applications.

(c) User Responsibility: You understand and agree that prior to contacting or allowing Tek Micro to perform diagnostic repair on your computer, through the internet or otherwise, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Tek Micro and its employees shall not be responsible under any circumstance for any loss or corruption of data and/or software while in Tek Micro’s possession, control, or otherwise.

(d) Scheduling: Additional charges may apply for rapid response services or service outside of standard installation hours, as outlined on the company website.

(e) 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 A TEK MICRO TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A $99 CANCELLATION CHARGE CAN BE ASSESSED.

(f) 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 A TEK MICRO TECHNICIAN TO YOUR HOME OR BUSINESS. TEK MICRO AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY OF YOUR SOFTWARE, HARDWARE, DATA OR FILES.

(g) ACCESS: Tek Micro Technicians must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF THE TEK MICRO AGENT ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT REASONABLY HAVE THE ACCESS, COOPERATION, OR SAFE WORKING AREA DESCRIBED IN THE PREVIOUS SENTENCE, THEN SERVICES MAY BE DENIED AND A $99 CANCELLATION CHARGE CAN BE ASSESSED.

TERMS APPLICABLE TO REMOTE ASSISTANCE AND IN-HOME SERVICES:

LIMITATIONS TO SERVICE: TEK MICRO AND/OR ITS THIRD PARTY SERVICE PROVIDER 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 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 TEK MICRO AND/OR ITS THIRD PARTY SERVICE PROVIDER.

FORCE MAJEURE: If Tek Micro’s and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of Tek Micro and/or its third party service provider, Tek Micro and/or its third party service provider may choose not to provide services.

LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL TEK MICRO AND/OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING AND 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 TEK MICRO AND/OR ITS THIRD PARTY SERVICE PROVIDER 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 TEK MICRO 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 ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM TEK MICRO 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. DUE TO THE UNPREDICTABLE NATURE OF TECHNOLOGY, TEK MICRO WILL ALSO NOT BE LIABLE FOR ANY HARDWARE, SOFTWARE, OR DATA DAMAGE THAT IS INCURRED WHILE YOUR EQUIPMENT IS IN TEK MICRO’S POSSESSION, DURING ON-SITE REPAIRS, DURING REMOTE ASSISTANCE SERVICES, OR AS A RESULT OF ANY SERVICES RENDERED BY TEK MICRO.