Terms & Conditions
Ammended January 6, 2017
This Terms & Conditions (TOC) agreement is an agreement between Your PCMD ("Your PCMD", "us", "we", "our", "company", "employees") and you ("Customer", "Client", "you", "your", "they"). Use of any Company services constitutes your acceptance and agreement to this TOC document. By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you hereby accept irrevocably and unconditionally our TOC without derogation or qualification.
Your PCMD reserves the right to terminate this TOC for any reason or no reason. Your PCMD reserves the right to refuse service to anyone.
Mandatory Repair Notices
As per the Competition & Consumer Act 2010, please note the following Mandatory Repair Notices required by law:
- Goods presented for repair may be replaced with refurbished goods of the same type rather than being repaired.
- Refurbished parts may be used to repair the goods.
- Repair of goods may result in loss of data. It is the customers sole responsibility to back up data prior to any servicing.
Business hours, availability and services
We generally provide services within the hours specified within our footer on each webpage. However, we reserve the right to amend those hours, without any prior notice, unless directly prohibited by prior contract with a third party. We don't make any guarantee as to the time frame of services provided, unless expressed directly in a written contract between us and the party to which such services shall be provided. Availability of services may depend upon the availability of services and parts that we obtain from third parties, and we shall not be held liable for delays in any products or services caused by shortages or delays from any such third party, although reasonable efforts shall be made to ensure the efficient delivery of products and services.
Repair Completion Time
Completion of repairs will vary, but we will always try to have a 1-3 day turn-around.
This DOES NOT include if special order parts are required, delays in shipping, transport OR weekends and holidays.
Note that our intention is to always book your service in the quickest possible time that suits your needs, but there may be unanticipated events that hinder our technicians arriving at your location on time or if at all (e.g. weather, traffic, etc.). If our technician is late or cannot make your appointment for any unforseen circumstance, we will endeavour to rebook your service to the best possible time available.
Same day bookings are subject to availability and workload and is not guaranteed.
Services and Quotations
- Any verbal quote given by us during a booking over the phone or by email is given as a guide based on the limited information given by a customer. This is an estimate of the price and not an assurance that the product or service will be sold at that price.
- Company will attempt to provide all possible price options prior to arrival based on the information provided by the customer.
- Any piece of advertising material stating a fixed price for a product or service is valid only for the period stated on the advertising material.
- Any price quoted on the Company website is subject to change without notice.
- A hardware deposit is required before ordering any parts or components that are needed to repair your device.
Company may subcontract with other service providers for the repair of your product.
- We will in no way be liable to the customer or any third party for any accidental, consequential or indirect damage resulting from the provision of the service. This includes but is not limited to:
- Damage to hardware
- Corruption or damage to software
- Data loss or data corruption
- Any damages relating to downtime, interruption of business services, loss of profit or damages to goodwill.
Diagnostics is included at no charge, with the authorized complete service of the device.
After diagnostics, a technician will notify the customer with an estimate for repair. Note that if the customer chooses to have our technician service the computer, the diagnostics fee will be waived or credited towards the complete service.
If the customer declines servicing, or not reasonable to repair, diagnostics fee below applies:
- Diagnostics Only: $39 (Repair Declined - Non Refundable)
- Insurance Diagnostics & Detailed Report $75 (regardless if serviced or not)
Rates and Minimum Charges
Company rates are charged using either of two formats for services provided - hourly rates which carries a minimum fee and flat rate. All rates charged are the same for residential and business - except when outside our service area which may carry a travel fee. All provided services are subject to Texas State Sales Tax of 8.25%.
Services are billed as stated on the service order, invoice or reciept. Some services are charged on an hourly basis while some services (listed or not) on our website may be charged a flat rate. Our hourly rate is $40/hr + tax for most on-site services and for additional web design labor, unless otherwise set forth in a service contract. Services in-shop are billed in half-hour increments at $20 each + tax. A minimum of 1 hour is charged for all on-site support (including appointments that you miss or same-day cancellations). After hours or emergency support will be billed at time-and-a-half.
Listed pricing does not include extensive data services such as recovery, parts, materials or shipping of parts if needed, nor travel fees, if any.
When is labor subject to Sales Tax?
Fees for labor are taxed when the labor is expended on a taxable item i.e., repairs to a computer. (The computer was a taxable item, hence labor to repair it is taxable.) This would also apply to routers, printers, and any other taxable items.
Labor charges to install or service items that did not originally come with a computer but become part of a computer are now taxable. This would include installation of such items as a video card, extra memory, or an additional hard drive or CD/DVD drive.
Software used during repair(s)
We may install any program(s) required to assist with the troubleshooting or repair of your computer. Some programs do not work on all computer systems. If we install a program for you and you have problems with it, we will uninstall it at no additional charge, but will not give continued support on the product if you choose to keep it. Regular repair and support rates will apply.
If the requested repairs require labor and/or parts not specified prior to the repair due to unforseen circumstances out of our control, we will seek your approval to revise the estimate. If you do not agree with the revised charges, we may return your product to you and hold you responsible for the diagnostic fee and/or any labor rendered at the time, plus any applicable tax.
Company will not browse through your hard drive looking at your data. However, we may inadvertently see data during the course of the work. (Data Backup/Recovery for example) Please remove any personal or private files you do not want others to see. Company respects the privacy of its customers and will not disclose any information to a third party unless permission is given or where Company is obligated to by law.
You affirm, unless prior arrangements are made, payment is due on receipt of invoice or work completion.
Business services may be given 15 days (Company descretion) from the service date to pay the invoice due.
Accepted forms of Payment
We accept the following forms of payment:
- Visa, Mastercard, Amex & Discover (including chip based)
- Cash, Check (see below)
- Apple Pay & Android Pay
Payment by check
We require a valid Drivers License with every check. We also require a valid phone number visible on the check.
You affirm, customer will be charged a thirty dollar ($30.00) service fee for any returned check with NFS.
Payment by credit/debit card
When paying by credit/debit card, a small surcharge will be added at checkout to cover the cost of processing.
Chargebacks occur when your credit card provider requests that we return monies on a transaction which you dispute or claim is fraudulent.
We recognize that chargebacks can happen for a variety of valid reasons. However, if you make a credit card payment through us in respect of services, and you later dispute this legitimate charge by raising a chargeback without merit (in our sole discretion), whether fraudulently or otherwise, we may take steps to recover any charges resulting from such an unmerited chargeback from you directly. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with our cancellation policy; disputing a charge made in respect of the services &/or products provided in which you fail to make reasonable efforts to work with us to resolve any issues; or requesting a chargeback without a legitimate reason &/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request.
We take a zero tolerance approach to chargeback fraud. Furthermore, in the event of any unmerited chargeback requests, we reserve the right to recover monies by any legitimate means available to us, including using a third-party debt collection agency, or any other lawful means to recover funds successfully charged back to you in such circumstances.
At this time partial payments, payment plans, or extensions are not permissible.
Deposits for parts, special order parts, etc. are required prior to ordering of said parts. Deposit is 100% and non-refundable.
Customer is hereby notified that their property is only insured or protected to the amount for the actual fair market cash value thereof, or otherwise, against loss occasioned by theft, fire, or vandalism while the property remains with company.
All Remote Support services must be paid for before a session is established and services are performed.
BACKUP YOUR DATA
IT IS YOUR RESPONSIBILITY TO BACK UP IMPORTANT DATA THAT IS STORED ON YOUR COMPUTERS HARD DRIVE(S) TO ANY STORAGE DEVICE YOU MAY HAVE PRIOR TO BRINGING IN YOUR DEVICE OR THE ARRIVAL OF COMPANYS TECHNICIAN TO YOUR HOME OR BUSINESS. COMPANY SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.
Your PCMD does not guarantee the security or safety of your data. While we take every precaution possible to make sure the integrity of your data is unaffected, we cannot assume liability for any lost data as a result of services performed by Your PCMD.
If we are aware that a procedure may result in loss of data, we will inform you of the possibility, what data may be affected, and will offer to back your data up at an additional cost. However, due to the complex nature of electronic devices, we cannot in advance predict what may happen to your data in every situation. We strongly encourage you to back up any important files and documents before you bring your device in for service or prior to the arrival of our technician.
For on-site services, you agree to provide full access to your computer system/s, it's peripheral/s or network equipment that is to be serviced and that power, network connectivity and a safe climate controlled work environment is provided along with full co-operation and access to enter your home or business to perform services.
A person of at least 18 years of age must be present during the entire time period services are provided. IF OUR TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A $60 CANCELLATION CHARGE WILL BE ASSESSED.
By accepting these terms, you hereby grant us the right to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.
All services must be paid in full before your property leaves our shop or prior to technicians departure from your location.
Due to storage restrictions, we will store your property up to 30 days from the date we contact you to pick up your property or after our first inital attempt at delivering your property. After that time, if we have not heard from you, we will consider your property abandoned and you agree that ownership of the property will be transferred to Your PCMD. We cannot guarantee that your property will not be discarded after the initial 30 day period, so it is critical that you pick up your property on time or make arrangements with Your PCMD to store your property until you can pick it up. Your PCMD reserves its statutory and any other lawful liens for unpaid charges.
If you've not obtained property within 5 (five) days after notification, a storage charge of $2/day will be accessed for each day thereafter in addition to the original service charge.
All payment for unpaid parts, labor, repairs, services is due upon completion of work. This includes work that is covered by insurance. Unless prior arangements have been made with your insurance provider, you are solely responsible for remitting payment to Company. You are also solely responsible for any and all communications with your insurance provider.
You affirm, that you are aware that authorizing us to work on your computer may void the manufacturers warranty, if any. In addition, while every effort will be made by us to be aware of warranty conditions, you are solely responsible for knowing and understanding what is covered, or not covered by any manufacture warranty on your computer. Parts and labor on a system that is later discovered to have been covered by a manufacturers warranty is non-refundable.
Cancellations, No Shows & Late Appointments
To cancel your service request, you must contact us at (940) 668-1800 or (940) 580-9355 at least 2 hours prior to the scheduled service. Cancellations that do not occur within this time frame may result in a cancellation fee up to the cost of the service. If customer is not at home or business at the time of the appointment, a no show fee equal to 1 hour labor applies. If customer is running late, be aware that time starts when our technician arrives on location. Fees are at the technician's discretion.
- Company will not be responsible to the client or any third party for any breach of any software licence in respect of software provided to Company by the client to be installed on a clients computer.
- The client warrants that s/he has a valid licence in respect of such software and shall indemnify Company against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Company installing software at the request of the client.
Limited Shop Warranty
All services performed by Your PCMD technicians either in our facility or on-site (except those listed in the warranty exclusions section, below), using parts purchased by us, to fix a specific symptom or device issue is guaranteed for 30 days from the date of the service. If multiple issues or symptoms are addressed by a repair, all are covered collectively by the 30 day guarantee period. The guarantee does not cover issues that may develop within the guarantee period that are not related to services performed or to the original issue or symptom diagnosed and repaired.
All parts obtained by Your PCMD for service on your device are guaranteed for 30 days from the time of installation, and are covered under warranty. Parts purchased for a repair cannot be refunded, upgraded, or returned for credit. Parts are not guaranteed to be new unless explicitly stated. While we prefer using new parts as often as possible, often only used or refurbished parts are available. Used and refurbished parts are still covered under the Limited Shop Warranty.
We do not offer warranties or guarantees, explicit or implicit, on any of the following:
- Any service using parts not purchased through Your PCMD
- Any software issues, including virus removal
- New symptoms/issues not directly tied to the original service within the 30 day guarantee period
- Installing new hardware or modifying existing hardware in the 30 day guarantee period by client or other 3rd party voids the Limited Shop Warranty
- Recurrence of original symptoms or issues caused by user error or negligence in the 30 day guarantee period, including but not limited to physical damage (drops, crushing, exposure to temperature extremes), liquid damage (spills on and liquid immersion of the device), electrical damage (improper grounding, contact with poorly performing or damaged electrical networks), acts of nature, and damage caused through installation or use of harmful software components (viruses, malware, spyware), voids the Limited Shop Warranty
NOTE: If your device is physically tampered with or damaged within the warranty period, the Limited Warranty is void. This includes but is not limited to cracked screens, dents to the casing, internal damage not present at time of original repair, attempts to open or modify the device, or any other action, accidental or intentional, that could cause our repair to fail.
No Fix, No Fee Policy
Our "No Fix, No Fee" policy means that if we cannot provide a solution to the problem, then the customer will not be charged for our services. In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing a solution to your problem, whether or not you choose to implement that solution.
The policy also covers the following scenarios:
- We do not support the services that were requested;
- We are unable to provide service due to parts being unavailable;
- We are unable to provide service due to lack of speciality equipment or tools;
- The cost of servicing exceeds a date of written or phone quotation (at present 7 days) and the customer decides not to proceed.
The policy does not apply in the following scenarios:
- The technition is able to resolve the problem or carry out the service, but is prevented from doing so by the customer requesting the technition not to proceed with the work.
- The technition is able to resolve the problem or carry out the service, but is prevented from doing so because the customer does not possess the required software disks, product keys, system passwords or other necessary items which may be required.
- The technition provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component for any reason.
- A customer has been given a quote, makes an appointment and then cancels after a pickup or during an on-site visit.
- A customer is not present for an on-site callout or pick-up appointment.
- The customer refuses the cost of software/hardware after given the go ahead and the software/hardware was ordered.
In any of the cases above, the customer will be charged a mimimum of 1 hour labor. In the event software &/or hardware was ordered, all deposits are forfeited and products will be sold by Company to recoup cost.
Our "No Fix, No Fee" only applies to residential customers. It does not apply to business customers.
No printer/phone/copy & fax machine or programming services are offered through us. We solely focus on doing PC and network services and repairs quickly, cost-effectively and getting it done right the first time!
Do we work on Apple computers?
While we focus mainly on PC related products, we do limited work on Apple products. This includes iMac's and MacBooks. Our limited work involves screen replacements, upgrades such as memory and hard drives, malware removal and software updates. For issues outside the services listed, we recommend you take your Apple product to an authorized Apple store.
Replacement Parts Procedure
If a service requires parts to complete, we will contact and inform you of the need prior to ordering any parts. We will explain the part needed, why it's necessary, any associated costs, and give an estimate of when the part will likely arrive. Due to shipping times being beyond our control, our estimate is a best guess and is not intended to guarantee arrival by a specific time.
However, before any parts are ordered, a non-refundable deposit of 100% of the cost of the ordered parts will be required.
Your PCMD will generally not use parts not purchased by Your PCMD. This is due to our inabillity to verify that the parts are functional and will provide a good fit for your device.
Any replacement parts not supplied by Your PCMD are not covered by any kind of warranty or guarantee except as might be provided by the part manufacturer. By providing your own parts, you acknowledge that you understand and agree that any work we provide is not covered by our Limited Shop Warranty or any other guarantee or assurance, explicit or implicit. You also agree to waive any liability for damage to your device caused by faulty parts or other part incompatibilities.
TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES:
LIMITATIONS TO SERVICE: YOUR PCMD 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 YOUR PCMD.
FORCE MAJEURE: If Companys ability to render services is impaired by you or circumstances beyond the control of our technition, our technition may choose not to provide services.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL YOUR PCMD 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 YOUR PCMD 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 YOUR PCMD 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 YOUR PCMD, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.
CLAIMS OF COPYRIGHT INFRINGEMENT
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Company reserves the right to update and change its Terms & Conditions at any time without notice. Any changes are retroactively enforced. You can always review the most current version of the Terms & Conditions at: http://yourpcmd.net/terms.php
These terms and conditions must be agreed upon by the client before any work can be performed.
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