Terms of Service

1. Agreement To Terms

These Terms of Service (the "Agreement") apply to all services (the "Services") and govern your use of these Services. Your PCMD, LLC, along with its officers, technitions, successors, and assigns (collectively referred to as the "Company", "we", "our", or "us"), respects your privacy and is committed to protecting it in accordance with this policy.

Terminology and Interpretation

For the purpose of this Agreement:

• "Company", "Our", "Us", "We" refers to Your PCMD, LLC, including its affiliates, representatives, technitions, successors, and assigns.
• "You", "Your", "Client", "Customer" refers to any individual or business entity availing our Services and any other party they might represent.
• Service Estimate refers to the document provided to you, which you agree to before the initiation of Services. It outlines the tasks to be performed and their estimated costs.
• Device refers to the specific eligible equipment, as mentioned in this Agreement and the Service Estimate, that we're authorized to service.

2. Ownership and Authority Assertions

By seeking our Services, you:

• Assert that you either own the Device or possess the necessary authority to allow its inspection and repair.
• Understand that we may decline to offer Services if we believe you are neither the owner nor an authorized user of the Device.
• Confirm that any data or information you share with us isn't confidential or proprietary, either to you or any third party.

It's crucial for you to provide accurate representations, as they form the basis of our service agreement and ensure transparency in our interactions.

3. Permissions and Service Implications

By engaging with us, you:

• Permit us to carry out the Services outlined in the Service Authorization Estimate, adhering to this Agreement's terms.
• Grant permission for the inspection and servicing of your Device to ensure optimal performance and longevity.
• Authorize us to make necessary changes to your Device for delivering the Services, and you understand that these changes may be permanent and irreversible.

By providing us with your authorization, you agree to any potential lasting modifications to your Device as part of the service process.

4. Service Details and Implications

Our Services encompass:

• Repair of your Device and any technical support related to the repair or optimization of your Device's usage.
• Assistance with the operating system and software applications on your Device, or those intended for it.
• Technology recycling, which may be subject to its own specific terms and conditions.

During repairs, we may use new, rebuilt, reconditioned, or refurbished parts, which can be original or compatible non-original components.

Our services are separate and distinct from the original manufacturer's warranty. If your device is still under warranty, our services may void it.

5. Service Availability and Conditions

Our services are available for all qualifying Devices during operational hours, Monday to Friday, 10:00 AM to 5:00 PM.

If you are requesting services for a company, you may need to provide your role, such as owner, partner, manager, employee, or agent.

When scheduling onsite or in-home Services, availability is contingent upon:

• The presence of our onsite or in-home Services in your geographical area.
• The eligibility criteria outlined in this Agreement.
• Break fix clients are serviced on a first come/first serve basis.

We reserve the right to decline or cancel Services if the location is too remote or costly for our technicians.

6. Service Eligibility Criteria

Devices that may be eligible for our Services include, but are not limited to, desktops, laptops, network products, and other devices, as we may determine.

The initiation and eligibility of Services for a device are contingent upon:

• A comprehensive visual and physical examination of the Device in question.
• Verification that the Device meets our service eligibility criteria, which we determine at our discretion.
• Confirmation that no changes or modifications have been made to the Device that could affect its eligibility or safety for our Services.

We reserve the right to determine eligibility for on-site and in-home Services during scheduling, with final confirmation based on this Agreement and the Service location.

7. Back Up Responsibilities

It is essential to back up all data stored on your device. Additionally, please take the necessary measures to delete, encrypt, or protect your data from unauthorized access. We will not be held responsible for any changes, loss, or damage to your hardware, software, data, or files, regardless of the cause.

If you haven't taken adequate backup precautions, we can provide backup services at an additional fee; otherwise, we may decide not to provide our Services. Elsewise, if data is lost or changes, you will be responsible for restoring and reconstructing any affected files, data, or programs.

Please be aware that we do not consider the data on your device to be confidential, and we are not obligated to treat it as such.

8. Payment Terms

All fees for our services, upgrades, or repairs are payable upon completion unless stated otherwise. For business accounts, payment terms may be arranged in advance.

• We accept various payment methods, including cash, credit and debit cards, checks, and these electronic payment methods, Apple Pay and CashApp.
• Before any service begins, a Service Estimate will be provided detailing the tasks and costs. By agreeing to it, you commit to paying the specified amount upon completion.
• During the service process, additional issues may arise that were not evident during the initial assessment. If this results in a change to the estimated cost, we will reach out to you for approval before proceeding.
• Payments for in-shop services not received within ten (10) days of the service completion date will accrue a daily fee of $5 (five dollars) until the 30th day, where our abandonment policy will be enforced.
• Payments on ACH or invoiced not received within ten (10) days of the service completion date will be accessed a late fee of 10% of the invoice.

9. Quotes &/or Estimates

While we are happy to provide an estimate, we cannot provide an accurate, binding quote for complex, unseen work (like component repairs) without a physical inspection. Initial estimates are often, but not always, accurate, and they help you compare prices and plan for expenses.

• Quotes will remain valid for 7 calendar days, unless specified otherwise in the quote.
• Quotes and estimates are non-binding and are intended for informational purposes only. They give you an idea of the projected cost, but we cannot provide an accurate, binding estimate unless we have the device in our possession for diagnostics.
• Please be aware that any costs, estimates, or forecasts we provide may change and are influenced by various factors. These factors include, but are not limited to, the cost of materials or equipment, pricing methods used by third parties, and market conditions, all of which are beyond our control.
• Depending on the servicing process, the actual price may change either up or down during the servicing of your Device.

10. Abandonment

Once the services are completed, we will notify you that your device is ready for collection. If you do not collect your device within ten (10) days of the completion of services, a storage fee of $2 per day will start accruing from the first day. On the thirtieth (30th) day, your device will be considered abandoned and will become our property in accordance with relevant legal provisions.

In such cases, we reserve the right to handle or use the abandoned property as we see fit, adhering to the applicable legal guidelines. This might include selling the abandoned Device, with the proceeds being used to cover administrative and Service expenses. We will ensure all data is permanently removed (sanitized/destroyed) before disposal or sale.

11. Replacement Devices

In line with this Agreement's stipulations about your duty to back up your data, we commit to ensuring the physical safety of your Device when it's with us for service. If, in the rare event, your Device is lost, stolen, or damaged while under our care for service, we will take the necessary steps to either repair it or replace it. Any replacement will be of a similar type and quality, determined solely by our discretion, and could be either brand new or refurbished.

12. On-premise Appointments

• Rescheduling or Late Appointments
  • If you need to reschedule an appointment within 1 hour of the scheduled time, a $20 rescheduling fee will be added to your invoice at checkout. The only exception to this policy is if the appointment is made for a slot that starts within the next hour.
  • Rescheduling fees may be waived entirely at the technician's discretion under certain extenuating circumstances.
  • Appointments allow up to 15 minutes of leeway, after which you may be subject to a $20 late-show fee. In addition, completion of the scheduled repair may be delayed due to the technician's repair workload.
• No Call, No Show Appointments
  • A $40 fee must be paid at your next appointment (if any), in addition to any service fees. There is no exceptions. No repair services will be performed until this fee is paid.

13. On-site Service & Cancellations

• On-site
  • For services provided on-site, an adult aged 18 years or older must be present for the entire duration of the service. If no adult is available when the technician arrives, the service will not be provided, and a cancellation fee may be billed to cover the cost of our technicians time.
• Cancellations
  • To cancel an on-location service, contact us at least two hours before your appointment. Late cancellations may incur a cancellation fee.
  • If the customer is absent at the scheduled appointment, our technician will wait up to 15 minutes before a no-show fee may apply.
  • These fees are determined at the technician's discretion.

14. Limited Warranty Provisions

• Scope of Warranty
  • The services are backed by a ten (10) day labor guarantee, while the components, and any replacement devices provided under this Agreement, are backed by a thirty (30) day warranty from the date of service completion, referred to as the "Limited Warranty." This warranty is governed by specific terms and exclusions detailed below.
• Exclusions to the Warranty
  • The Limited Warranty does not cover devices that have been exposed to unintended moisture or liquids beyond the manufacturer's intended use, even if the services are intended to address such damage. It also excludes devices subjected to misuse, external damage, natural disasters, and normal wear and tear that don't affect the device's intended functionality. Additionally, defects or damages resulting from mishandling, unauthorized repairs, or modifications are excluded. Devices that show signs of tampering, corrosion, excessive heat exposure, moisture, vibration, or any conditions beyond our control are not covered. The warranty only covers services performed by us. Devices that have post-service modifications by third parties, including software updates, unauthorized software installations, viruses, or malware, are not covered. The warranty is strictly non-transferable and does not apply to devices with altered or missing serial numbers.
• Rights to Repaired or Replaced Components
  • Any device, part, or component that is replaced or repaired under this Agreement becomes our property, unless otherwise mandated by law. By accepting the service, you waive any ownership rights to these replaced or repaired items.
• Warranty Claim Process
  • If a device that was repaired or replaced under this Agreement malfunctions within the thirty (30) day warranty period, you should return it to us for assessment. If our evaluation determines that the malfunction was due to faulty parts, or if the replacement device is found to be defective, we will carry out the necessary repairs at no additional cost to you.
• Replacement Policy
  • For replaced devices, if we have conducted two (2) warranty-covered repairs and a third (3rd) repair becomes necessary during the warranty period, we will provide a replacement for the device. This replacement may be either brand-new or refurbished at our discretion. The warranty for the subsequent replacement device will remain valid for the remainder of the original thirty (30) day warranty period.
• Laptop Screen Replacements
  • We are not liable for any dead pixels or screen damage caused by you after replacement, as this is not covered by any warranty. Any faults with the screen must be reported within three (3) days of the service.
• Virus & Malware Remediation
  • It's challenging to offer a warranty for this type of service. While we can ensure that a Device leaves our shop free of all infections, there is a possibility that the Device could become infected again—either with the same virus or a different one.
  • If this situation arises, we reserve the right to assess whether the infection occurred after our successful removal service or if our removal service was not entirely effective. If we conclude that the error was on our part, we will provide a second removal service free of charge.
  • Anti-virus software does not guarantee that you will be 100% virus-free for the life of the product. Users can override anti-virus programs at any time, and no anti-virus solution can protect against all potential threats. Each user accesses the internet at their own risk.

15. Refund and Warranty Policy

We are committed to delivering high-quality services to our customers. While we do not provide refunds on labor for our services, we guarantee the quality of our work. If you experience any issues with the service we provided, we offer a 10-day labor satisfaction guarantee on all services.

• Warranty Coverage
  • Our 30-day limited warranty for parts covers defects in materials or workmanship for serviced issues. If an installed part is defective or the same issue occurs during this period, we will provide warranty service at no extra cost.
• Non-refundable Services
  • Some services, due to their nature, are non-refundable. These include, but are not limited to, diagnostic fees, expedited service fees, consultation fees, services that require no parts, and any service where the primary value is knowledge or advice.
• Warranty Exclusions
  • The warranty does not cover new damages unrelated to the original service or issues caused by software malfunctions. Any service or repair performed on the device after our service by another party will void our warranty.
• Claiming Warranty
  • To claim the warranty, you must notify us within 10 days for labor or 30 days for parts and describe the issue you're experiencing. We will evaluate your claim and provide the necessary warranty service, if any.

Disclaimer and Limitation of Liability

The limited warranty described above outlines our full obligations and your only remedy related to any work we complete or parts we provide for your device. The following disclaimers apply to the fullest extent permitted by law:

• We disclaim all warranties related to the services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except as stated in this agreement.
• We do not guarantee that: (a) the services will meet your specific needs; or (b) the services will always be available, timely, reliable, free from errors, secure, or complete.
• Any advice or information, whether oral or written, that you receive from us does not create any warranty or representation not expressly stated in this agreement.
• We are not obligated to provide ongoing support or maintenance for the services we offer.
• There may be cases where we are unable to provide the services due to the aforementioned disclaimers and limitations.
• Aside from what is specified in this agreement, we have no additional warranty obligations. Any claims, losses, liabilities, damages, costs, or expenses resulting from a warranty failure are entirely your responsibility.

The limitations outlined below apply to the fullest extent permitted by applicable law:

• We are not liable for any indirect or consequential damages from your use of our services, including loss of profits or data, even if we were aware of potential damages.
• Our liability for damages related to the services, regardless of whether based on contract, negligence, or other legal theories, will not exceed the higher of the fees you paid for the services or $100.00.
• We are not responsible for any loss, alteration, or corruption of your device, data, software, or files. Additionally, we are not liable for any failure to back up or receive your data or any other related issues.
• The limitations above still apply, even if remedies under this agreement fail to achieve their primary purpose.

Dispute Resolution

Most issues related to our services can be resolved by contacting us via phone or email. Before initiating any formal dispute resolution, you agree to first reach out to us to attempt an informal resolution.

• Binding Arbitration
  • All disputes related to these Terms of Service will be resolved through binding arbitration, meaning you waive your right to sue in court or have a jury trial. The arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (AAA) and the AAA’s Supplementary Procedures for Consumer-Related Disputes, available on the American Arbitration Association website.
  • Your arbitration fees and share of arbitrator compensation will be governed by the AAA Consumer Rules. The arbitration may be conducted in different formats: in person, via document submission, over the phone, or online. The arbitrator's decision will be provided in writing; however, a statement of reasons will only be available upon request from either party. The arbitrator is required to follow applicable laws, and any award may be challenged if the arbitrator fails to comply with them.
  • Arbitration will be held in Cooke County, Texas, unless AAA rules or law state otherwise. Parties may seek court intervention to compel arbitration, stay proceedings, or confirm, modify, vacate, or enter judgment on the arbitrator's award.
  • If a Dispute goes to court instead of arbitration, it will be handled in the court of Cooke County, Texas. The Parties agree to the jurisdiction of the court and waive any venue-related defenses. Disputes must be filed within thirty (30) days of the cause of action arising.
  • If any part of this provision is deemed illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable. Such a Dispute will be decided by a court of competent jurisdiction within the courts listed above.
• Restrictions
  • The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the full extent permitted by law:
    • (a) No arbitration will be combined with any other proceeding. The number or arbitrators shall be one (1)
    • (b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures
    • (c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the public or other individuals
    • (c) The maximum monetary award, if any, shall not exceed the actual cost of the service plus $100.
• Exceptions to Arbitration
  • If any part of this provision is determined to be illegal or unenforceable, neither Party will choose to arbitrate any Dispute related to that specific portion. Instead, such a Dispute will be resolved in a court with appropriate jurisdiction from the list provided above. The Parties agree to submit to the personal jurisdiction of that court.