Marks Computer Service Terms & Conditions:
Our technicians will diagnose your problem, recommend a solution and provide a quote to solve your problem. We guarantee our recommended solution will fix your problem, or there is no charge. You will never pay more than the quote for the recommended solution. If you don’t authorize our recommended solution, then you only pay the minimum diagnostic fee quoted to you before the job was started.
We provide a 30 day guarantee on all services. If our recommended solution did not fix the problem, we will provide additional on-site or remote support, at no additional charge. If we cannot fix the problem, we will refund service charges, up to a maximum of $250.00. We reserve the right to access your computer, hard drives, and data during the guarantee period. All guarantees are void if you hinder, act in “bad faith”, or do not permit us to fix the problem or if anyone other than our technicians works on your system. If your initial service was Remote, failing to provide internet access to your system will void all guarantees and warranties. If service is terminated, hindered, or you do not allow us to complete service within 48hrs, you agree to pay for the complete service and all warranties and guarantees will be void. We reserve the right to deny access to your computer, hard drives, and all data while any balances are outstanding. We reserve the right to require payment by secured or certified funds.
In the event that parts, materials, hardware, software, cables or supplies are needed, then a non-refundable full deposit is required to place the order. If collection proceedings are initiated by us to collect delinquent amounts, we will be entitled to reasonable attorney’s fees and costs required to collect the outstanding amounts. Failure to pay any outstanding balance shall subject you to interest charges ten percent (10%) per month until said balance is paid in full. Failure to pay in full voids all warranties and guarantees. In the event of non-payment, all discounts on hourly rates will be revoked and the hourly rate for all unpaid work performed will be invoiced at the regular hourly rate of $145.00 per hour. If for any reason any form of payment is returned or denied, we will be entitled to a $40.00 fee.
We retain one hundred percent of the copyrights to any plan, software, or software modifications developed by us and all derivations (“Copyrighted Work”). We retain the right to use Copyrighted Work for future development or resale. Software developed by us may not be distributed or sold in any form or manner without express written consent.
Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be subject to the laws of the State of California and the parties hereto submit to the exclusive jurisdiction and venue of the California Courts in Orange County. This document contains the entire Agreement of the parties and may not be altered or amended except by a written document signed by both parties. If any part and/or section of this Agreement is deemed illegal, invalid or unenforceable, all remaining parts and/or sections of this agreement remain valid.
We will not be liable for any damages caused by circumstances beyond its control, including but not limited to acts of war, violence or terrorism, labor strikes, natural disasters including fire, flood or loss of electric power, or acts of God. Cancellation Policy: At the time a service call is scheduled, you will be charged an amount equal to the minimum diagnostic fee for that service. After a service call has been scheduled, you may contact us to cancel that service call and you will be issued a credit for services for the full amount charged, which you may use at any time within a one year period to pay for future services. Such credits are not redeemable for parts or cash. We do not offer a cash refund of the minimum diagnostic fee if you cancel a scheduled service call. We DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE EXCEPT FOR THE EXPRESS GUARANTEES MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU. We DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN OUR GUARANTEES BELOW 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. MONETARY DAMAGES ARE IN ANY EVENT LIMITED TO THE AMOUNT OF CONSIDERATION PAID TO us.
Data Recovery: The Level 1 initial fee is a one hour service charge. Additional fees become due after you choose to receive any recoverable data, which may be provided on CD, DVD or external drive (additional cost may apply). Level 2 recovery takes 7 business days. Level 3 recovery takes 7 to 14 business days. Expedited recovery is available for an additional fee. We do not guarantee Your data, as it may be corrupted or otherwise altered and is provided to You “As-Is”.
Virus Removal: In some cases viruses may have caused serious damage to your computer which have caused some programs or features to malfunction. Reinstalling or repairing these programs are not included in the virus removal service. We may provide these services at an additional cost. Personalized settings, programs, and files may be permanently deleted during this service.
Operating System Reinstall: This service does not include installing softare programs, restoring customized settings and features, installing peripheral devices, backing up existing data, creating user accounts or any related service. We may provide these services at an additional cost. Personalized settings, programs, and files may be permanently deleted during this service.