Terms of Service as of 4/1/13
These Terms of Service cover Nashville Computer Guru in-home, in-office, phone and remote computer diagnosis, repair and installation services. By having service rendered by Nashville Computer Guru you agree by these terms of service:
- Payment Unless stated in writing otherwise, all fees and charges are nonrefundable. Nashville Computer Guru may change the fees and charges in effect, or add new fees or charges at any time with notice in advance. All payment is due at the end of service unless payment terms are established. You understand that Nashville Computer Guru has a lien on the computer until paid for in full. You agree to pay in full all costs and expenses incurred by Nashville Computer Guru Service in collecting the amounts owed by You under this Agreement and/or any subsequent invoice, including, but not limited to, any and all court costs and attorneys’ fees and a service charge of $25 per month on all past due amounts. In addition to the foregoing, in the event Nashville Computer Guru Service refers my account to a collection agency or other similar entity, You agree to pay a fee to that collection agency in addition to any balance owed to Nashville Computer Guru Service.
- Customer Responsibility For in-home or in-office services, a person of at least 18 years of age must be present during the entire period services are provided. If no adult is present when the technician arrives, services can be denied and a $40.00 cancelation fee may be charged. Nashville Computer Guru technicians are familiar in the protocols of computer hardware and software installation, troubleshooting and configuration, but are not official OEM authorized service technicians. (Reason is Dell and other companies only allow their own employees and/or select few authorized service providers to do warranty work through them.) Customers agree that by allowing the Nashville Computer Guru technician to have access to computer and networking equipment MAY VOID ANY AND ALL WARRANTIES covering computer hardware, software and any other associated parts or equipment. Nashville Computer Guru will do our best to find solutions to your computer problems but we can’t be held responsible for a lack of technical understanding, basic computer skills, eyesight or other physical limitations that our beyond our control, if computer is technically working properly, services are still chargeable. It is the customer’s responsibility to learn how to use the computer, software or hardware program. Nashville Computer Guru will give you tutoring if required. Safe Access to Equipment: User agrees that they will provide full access to computer systems, systems, peripherals or software that we are to service and that power, network connectivity and a safe climate controlled work environment is provided along with full cooperation and access to enter your home or business to perform services. If Nashville Computer Guru arrives at the schedule service time and he or she does not reasonably have access, cooperation, or safe working areas, then service may be denied and a $99 cancellation fee will be charged.
- Customer’s Responsibility to Back-up Data If Customer does not have a backup, Nashville Computer Guru can perform that service at the billable rate. The LOSS OF DATA IS A REAL AND INHERENT RISK and Customer agrees that prior to Nashville Computer Guru 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, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Nashville Computer Guru and/or its third party service provider, neither Nashville Computer Guru nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media. Customer agrees to have taken all necessary precautions by backing up all important, personal and proprietary data.
- Phone Support If service has been rendered in the last 7 days than 15 minutes of free phone support applies. Otherwise any phone support that results in solving the problem is billable at the remote support of $65 an hour.
- Fees for Cancellations / No Shows / Late Appointments To cancel your in-home or in-office service request, you must contact us at (615) 332-2844 at least 1 hour prior to the scheduled service. Cancelations that do not occur within this time frame may result in a $40.00 cancellation fee. If customer is not at home or business at time of appointment, a no show fee of $40 applies, if running late, time starts when technician arrives to location. Fees are at the technician’s discretion.
- Service Warranty If you are not satisfied with the services received from Nashville Computer Guru, notify us within 7 days of the initial service performed, we will work to remedy your problem quickly and at no additional cost to you unless service is related to a new / separate problem. If repairs were necessitated by a virus, malware or spyware, this warranty is valid only if the anti-virus and anti-spyware protection for your computer system was installed and updated during the entire warranty period. If file sharing programs such as frostwire, limewire, torrents, or risky behavior are found to be cause of reinfection it would be considered a new infection and subject to be billed.
- Sexual Harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment and will not be tolerated. Nashville Computer Guru reserves the right to end service call and charge for full hour and file criminal charges if necessary.
- Limitations of Service Nashville Computer Guru and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund 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 these Service Terms, as determined by Nashville Computer Guru. Nashville Computer Guru will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
- Abandoned Property If equipment is left with Nashville Computer Guru and is not picked up, or is unable to be delivered, within thirty (30) days after we notify you that the requested service is complete, we will treat your equipment as abandoned. You agree to hold Nashville Computer Guru harmless for any damage or claim for the abandoned property, which we may discard or sale at our sole discretion.
- Modifications to Terms of Service and Service Nashville Computer Guru may change the terms and conditions of the Service from time to time. Upon any such change, Nashville Computer Guru will notify the Customer by posting the changes to the site from which the Service was purchased. Nashville Computer Guru reserves the right to modify or discontinue the Service with or without notice to Customer. Nashville Computer Guru shall not be liable to Customer or any third party should Nashville Computer Guru exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
- Indemnification Customer agrees to indemnify, defend, and hold harmless Nashville Computer Guru (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 Nashville Computer Guru 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 Nashville Computer Guru 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).
- Laws The Service Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflict of law provisions. Customer and Nashville Computer Guru agree to submit to the exclusive jurisdiction of the courts in Nashville, Tennessee. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Nashville Computer Guru 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.