Our Terms & Conditions
This document contains our terms of agreement between you (Client), and Your PCMD (we, us, our, Company). Please read, understand and accept the below. If you do not agree to these terms and conditions, then we are unfortunately not able to provide our services to you.
- We agree to supply Goods &/or perform Services and you agree to accept the Goods &/or Services in accordance with these Terms. These Terms are deemed to be incorporated into all orders for Goods &/or Services by us to you unless otherwise agreed by us in writing.
- If you place an order for Goods &/or Services, or enter into a contract with us for Goods &/or Services and those Goods &/or Services are provided by us to you or you pay for those Goods &/or Services, you acknowledge that you have accepted these Terms.
- All provided Goods &/or Services are subject to Texas State Sales Tax of 8.25%, this includes Labor. Details here. To view our pricing disclaimer, click here, or click here for warranty information.
- Your PCMD is strictly an IT service provider and consulting company. Although we do stock some hardware &/or software in-shop, most hardware &/or software will be ordered and billed at the time of ordering. Likewise, all on-site service calls are by appointment only.
- Registered under:
State of Texas, City of Gainesville
License #: 00039613
- State Tax ID #: 32044345877
- Insured by Hiscox Insurance Company Inc.
1. Quotes and Orders
- Any written quotation provided by us to you concerning the proposed supply of goods or provision of services is:
- not an offer by us and it may be withdrawn or altered without notice. Unless the quote is withdrawn by us it remains valid for seven (7) days; and
- an invitation only to you to place an order based upon that quotation and we are under no obligation to sell or offer those Goods &/or Services outlined in the quote and may choose to accept or reject any order you place with us which may be based on that quote.
- Any order placed by you will constitute an offer by you to purchase the Goods &/or Services described in that order and will remain subject to our acceptance, in our sole discretion.
- Once we have accepted an order, you will not be able to modify or cancel any part of or the whole of that order, unless agreed by us in our sole discretion.
- All sales are final. No refunds will be issued.
- absolutly no refunds for labor &/or services; and
- we will only exchange an item if defective, and for the same or similiar item
- in accordance with copyright regulations, software may not be returned
- please view our Warranty Policy for further details
2. Charges and Payment
- Unless we agree otherwise and subject to any quote issued by us to you, the price for the Goods &/or Services will be the prices we normally charge for those Goods &/or Services.
- We will issue you an invoice for each Order. You must pay the invoice in the manner and before the time specified in each invoice.
- Payment of all invoices must be in US Funds and may be paid by cash, credit/debit card or check on or prior to the supply of Goods or the provision of Services unless you have a credit account with us. We do not charge a Merchant Service Fee (MSF) for the use of credit/debit cards, but may offer a discount when paying with cash.
- We accept only these major credit and debit cards. Master Card, Visa and Discover Card.
- Personalized Checks will be accepted in US Funds. We do not accept starter checks, unnumbered checks or non-personalized checks.
- A fee of $60 will be charged for any check returned for any reason. This includes a $35.00 NSF fee plus a $25.00 administrative fee to process these returned funds and re-bill.
- When we visit your Premises to supply the Goods or provide the Services to you, all our visits are billable and are billed in 30 minute increments after the first hour. Any part thereof is billable at the same rate as a full 30 minutes. The only exceptions are flat-rate based Services.
- For the avoidance of doubt, if during us providing Services, we supply Goods which were not originally in the Order, all costs associated with the supply of those Goods are recoverable from you and are in addition to the cost for us providing the Services.
- If you exceed your approved credit terms, you will be charged a $50.00 over-draft fee without prior notice. A revised invoice will be sent to you to take into account the over-draft fee.
3. Payment Default
- you do not pay an invoice in accordance with its terms;
- any check drawn by you is dishonored;
- we consider that your creditworthiness has become unsatisfactory (acting reasonably);
- you suffer from an Insolvency Event; or
- you otherwise breach any part of these Terms,
Then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without notice to you.
- If any of the above applies we may, without prejudice to any other right or remedy available to us:
- charge you interest on any sum due at the rate of 2% above the corporate reference rate of our principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full;
- charge you for all expenses and costs associated with collecting all overdue monies, including without limitation, legal fees on a full indemnity basis, debt collection costs, dishonored check fees and reasonable administration costs suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due; and
- cease or suspend for such period as we think fit, supply of any further goods or services to you; and
- by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other any contract.
- Payment is due in full upon completion of the agreed services, both in-shop and on-site.
- For in-shop services, payment is required prior to the release of the client's property.
4. Title and risk
- Risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to you upon delivery of the Goods by us to the premises nominated by you (unless otherwise agreed in writing).
- Title in the Goods will not pass to you until you have paid us all amounts owed (all checks or negotiable instruments have been paid) and you have met all other obligations due by you to us in respect of these Terms and all other contracts between you and us, and until the above obligations have been satisfied, you accept and agree that you:
- hold the Goods as bailee only;
- must store the Goods supplied in a way that it is clear that they are our property; and
- irrevocably authorize us to enter any premises where the Goods are kept and, if necessary, to use our name and to act on your behalf to recover the Goods.
5. Performance of Contract
- Any period or date for delivery of Goods or provision of Services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the Goods or completion of the Services. You must accept delivery of Goods or completion of Services even in the event of a delay. Any failure of us to deliver the Goods or to provide the Services within the original timeframe specified will not entitle you to cancel the balance of an Order.
- While every attempt will be made to perform any repairs onsite, it may be necessary to return your system to our base or third party for diagnosis and repair.
- Subject to Implied terms, we are not liable to you for any loss or damage (including consequential loss or damages) arising from late delivery of the Goods.
- Subject to Implied terms, you must indemnify us against any claim, loss or damage suffered by us, or as a result of us becoming liable to any third party (directly or indirectly,) as a result of us or our employees, contractors or agents entering any premises for the purpose of delivering the Goods.
6. Implied terms
- We acknowledge that where the supply of Goods are "consumer" supplies, under applicable State law(s) (including, without limitation, the Competition and Consumer Act 2010), certain statutory express and implied guarantees and warranties (including, without limitation, the statutory guarantees under the Competition and Consumer Act will be implied into these Terms (Non-Excluded Guarantees).
- We acknowledge that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, we make no warranty or other representations under any contract with you or these Terms. Your liability in respect of these warranties is limited to the fullest extent permitted by law.
7. Guarantee and Warranties
- Subject to clause (ii), if we are unable to provide you with the Services we were contracted to provide you with, we will not charge you for those services in respect of that problem (Your PCMD's Guarantee).
- If during us providing you with the Services, we advise you that in order for us to complete those Services you need to upgrade or replace your software &/or hardware, if you choose not to upgrade or replace your software or hardware, you acknowledge that we will be deemed to have provided those Services, regardless of whether or not you choose to implement our recommended solution.
- If you choose to not implement our recommended solution, you may forfeit your right to other Services which were to be provided by us under that Order.
- If the Services we provide to you are not performed to a satisfactory standard, and as a result in the problem for which we were engaged to address subsists or returns, we will work to provide a solution to your problem quickly and at no additional cost to you. However, this will not include us compensating you for any other service fees paid by you to another service provider engaged by you for the same purpose.
- You acknowledge that we will not assume responsibility for any pre-existing damage to your property which causes or contributes to our Services not resolving the issue for which we were engaged to correct.
- We generally do not use parts that have not been purchased by or through us. This is due to our inability to verify that the part/s are compatible, functional and will provide a good fit for your device. Therefore, any replacement part/s not supplied by us will not be covered by any kind of warranty or guarantee except as might be provided by the part manufacturer. By providing your own part/s, you acknowledge, understand and agree that any work we provide will not be covered with a 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.
8. Your responsibilities
- Prior to us supplying Goods &/or providing Services, it is your responsibility to back up your software, data and files that are stored on your computer &/or on any other storage devices you may have. However, we can provide backup service to you for an additional fee.
- While we are providing the Services at your business or other location (Premises) requested by you, you must:
- ensure that a person of at least 18 years of age is present at the Premises at all times;
- provide our technicians with:
- access to the areas of your Premises necessary for our technicians to provide the Services;
- necessary passwords to your computer;
- a safe working environment and working space;
- electrical power and internet access (where applicable); and
- licensed software and the installation disks for your operating system along with a product key for this software (if applicable).
- Following the supply of the Goods &/or the provision of the Services, you must:
- promptly report errors or faults in the operation of any aspect of the Goods or any provision of the Services in accordance with applicable fault reporting procedures from time to time;
- ensure that your operators are adequately trained and informed as to the use of the Goods and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time;
- perform general "housekeeping", testing, adjustment and/or maintenance as recommended by us in respect of any Goods supplied by us in order to maximise the availability of and performance of the Goods or permit performance by us of any of our obligations hereunder; and
- comply, at your own expense, with any recommendations and guidelines with respect to the use of the Goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the Goods.
- You acknowledge and agree that:
- we and/or our third party service providers will not be responsible at any time for any loss, alteration or corruption of any software, data or files as a result of you failing to back up all software, data and files prior to us supplying the Goods or providing the Services;
- you will be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing;
- you will exercise due care and carry out such precautions which may be recommended by us or otherwise required as a matter of prudence in connection with the performance by us of any of our obligations hereunder, for example, but without limiting the generality of the foregoing, advising your staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks; and
- any replacement of parts under warranty will be carried out at a premises nominated by us and we will not be liable for the cost and risk of transport of any defective part to the nominated premises.
- You represent and warrant to us that you are the owner of, &/or have the right to be in possession of and make decisions regarding, all data, media or equipment (Data) provided to Your PCMD, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to Your PCMD and to the use of that personal information by us, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify us from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of this warranty.
- Other than as expressly provided for in clause 7 and subject to the limitations in clause 6, we and our employees, contractors &/or agents will not be liable for any loss or damage (including consequential loss or damage, which includes without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if such loss or damage is due to our failure to meet our obligations under these Terms or our negligence of us, our employees, contractors and/or agents.
- Subject to clause 7 and so far as the law permits, the liability of us for a failure to comply with the Non-Excluded Guarantees, will be limited to: subject to this clause 9(a) and to clause 9(d), the aggregate amount of the fees and charges paid by you under these Terms as at the date of the breach;
- in relation to goods if supplied to you as a consumer (as defined in the Competition and Consumer Act):
- the replacement of the goods or the supply of equivalent goods; or
- payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired, at our election; and
- in relation to services if supplied to you as a consumer (as defined in the Competition and Consumer Act):
- the supplying of the services again; or
- the payment of the cost of having the services supplied again, at our election.
- Subject to clause 7, you acknowledge that you have not relied on any representation, description, or statement by us in relation to the Goods &/or Services, or the skill or judgement of us, its agents, contractors or employees, as to if the Goods &/or Services are fit for a particular purpose.
- You acknowledge that you have relied solely on your own inspection, skill and judgement in purchasing the Goods &/or Services.
- At no time will we be liable to you or to any third party in respect of the use of (or failure or performance of) the Goods or the provision of the Services for:
- malfunctions or failures caused directly or indirectly by:
- any third party;
- our actions that were expressly or impliedly authorized by you, or by your employees or agents;
- accident, misuse or abuse by anyone other than us;
- alteration or modification of the goods by anyone other than us;
- products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
- your failure to provide a proper operating and working environment for the goods;
- damage during any movement, relocation or re-installation of the goods;
- power surge or failure;
- acts of God or acts outside our reasonable control;
- any other condition not arising under normal operating conditions; or
- normal wear and tear, except to the extent that we have been negligent;
- any loss or damage of any nature arising or caused directly or indirectly by any breach of your obligations or responsibilities set out in these Terms;
- any loss of profit, business interruption, loss of or damage to goodwill, &/or any expectation benefit;
- your liability to any third party; or
- incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Terms or any expiration or termination of these Terms, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if we have been advised of the possibility of such loss or damage.
10. Fair Use
- This policy applies to Services provided by Us and aims to ensure that we provide quality services to all of our customers and that no customer is disadvantaged by the conduct of others.
- In doing so, this policy ensures that all customers do not use our Services in an excessive or unreasonable manner.
- Unreasonable use of Services includes heavy usage patterns that cause significant service congestion, disruption or otherwise adversely affect other customer's use of the Service.
- Use of a Service outside of what is typical of a home or 'standard small to medium sized business' is regarded as unreasonable use.
- If the Service is a Managed Service then any use greater than the 75th percentile of normal use on a three month rolling monthly average basis for each of the defined Managed Services by Managed Service users is defined as excessive or unreasonable use.
- If your use of the Service is found to be excessive or unreasonable, we will contact you as a courtesy and ask you to curtail your usage.
- If we consider that use of the Service continues to be unreasonable, or if the parties are unable to agree to the changes to the service, we may, in our sole discretion, without liability, restrict, suspend or cancel the Service.
- You warrant to us that you have all relevant licences in respect of any software you provide to us to install on your computer and that you are lawfully entitled to use the software you provide to us.
- In the event that us installing such software on your computer results in a breach of a third party's intellectual property rights, you indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever that we suffer or incur, whether directly or indirectly, as a result of us installing the software on your computer at your request.
- Title to software will remain with the applicable licensor(s). All software is provided subject to the license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken, even if Your PCMD technical services does so on your behalf. Your PCMD does not warrant any software under this agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
- If we determine that we are or may be unable to deliver the Goods &/or Services within a reasonable time (or at all) the Order may be cancelled by us in our sole and absolute discretion by giving you notice either by phone or email of our intention of doing so. Subject to clause 6, if an Order is cancelled, you will have no claim against us for any loss or damage (including consequential loss or damage) arising from the cancellation.
- If you propose to cancel any part of or the whole of an Order relating to:
- the supply of Goods, we will not accept such cancellation unless you agree to compensate us for our loss arising from the cancellation of part of or the whole of the Order; &/or
- the provision of Services in less than twenty-four (24) hours notice, we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.
13. No Representation or Reliance
- You acknowledge and agree that:
- neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Terms; and
- you do not enter into these Terms in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Terms.
- Without limiting the generality of clause 12(a), you understand and hereby confirm that:
- your decision to enter into these Terms was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 7, and
- you have relied on your own skill and judgement in deciding to purchase and acquire the Goods &/or Services.
- Any client's property held at our location that is not collected within:
- 30 days of notification to collect (and services have not been paid for) OR;
- 30 days after date of notification to collect (and the services have been paid for)
- dispose of the property in an environmentally sound way;
- use the property &/or its components or peripherals in any manner we should choose to;
- resell the property to recoup the cost of the charges associated with the property
- Any client's property held at our location that is not paid for within:
- Five (5) business days of notification to collect
15. Deposit procedure
For new computers (custom built or not), non-stock items, special order items or large orders, we require a minimum of 50% deposit. The balance of payment due must be paid before goods can be acquired by you. This deposit is refundable only if we are unable to fulfil your order, but will be lost if you cancel your order.
For services that require non-stock 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 including the required deposit, 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 &/or date.
16. Pricing Disclaimer
We do everything we can to ensure that the prices for products we sell are fair, and we try to keep our prices constant. Sometimes we need to change the cost of a product, either up or down due to the nature of the industry, therefore:
- Prices and availability are subject to change without notice.
While we strive for accuracy, mistakes happen. In the event of an incorrect price on a quote or order, you will be notified by email or phone, and given the option to accept the corrected price or cancel the order, likewise;
- Prices may be changed at any time without notice.
We reserve the right to change our product's prices at any time without notice. However, if you were quoted for but not yet paid for a product, we will honor the price for 7 days from when the quote was placed, also;
- Prices listed from competitors or any websites are not accepted.
We obtain our products through a number of different channels and cannot control when prices are updated. We reserve the right not to accept &/or match a price listed from a competitor, be it storefront or website.
17. NO FIX – NO FEE Policy
Our no fix no charge policy means that if we do not have the technical ability or solution to your problem, we will not charge you for our services.
A solution may include upgrading or replacement of your existing software/hardware/device. If we advise you to do so and you choose not to upgrade or replace your software/hardware/device, you confirm that we have met our obligation to you by providing a workable solution to your problem, whether or not you choose for us to carryout that recommendation.
- Replacement of hardware and or computer is classified as an acceptable option
- Problems out of our control (e.g. ISP issues, accounts disabled, incorrect passwords, lack of specialist equipment or tools, etc.)
- Customer declines repair options that are recommended by Your PCMD or cancels after a pickup or during an on-site callout
18. Warranty Information
All new items sold by Your PCMD are covered by a minimum 90 day manufacturer warranty and as such are sold on a return to manufacturer basis and subject to the terms and conditions contained on the manufacturers website.
Your PCMD offers a 30 day (unless otherwise specified) limited warranty on all goods NOT COVERED by the original manufacturers or distributors warranty.
This warranty DOES NOT extend to
- Any service using parts not purchased through Your PCMD
- Any software issues, including but not limited to virus removal
- Goods altered in ANY way by ANY person(s) other than authorized Manufacturer Technicians
- Faults caused by ACT OF NATURE, NEGLIGENCE, IMPROPER USE OR MISUSE
- Faults caused by any malfunction or failure resulting from neglect or use of unauthorized parts and accessories, improper voltage, not following proper instructions or acting in breach of any rule, regulation or law.
If parts are purchased from us and there is a fault during the warranty period that is attributable to a manufacturing defect only, the parts are replaced or repaired for the original purchaser only (warranty benefits are not transferable).
For parts found to have manufacturing defects less than 10 days from invoice date, we will replace them from our stock (if available). Parts returned after this time are sent on your behalf at your cost to the manufacturer/distributor to be replaced or repaired.
Turnaround time for warranty claims largely depends on the manufacturers/distributors and is subject to various factors, including the nature of the product, time needed for testing/repairing, spare parts availability, and shipping times which typically is 2 to 6 weeks.
Manufacturer Warranty Repair
Some services performed by us may void your manufacturers warranty. Where we can, we will try to inform you before proceeding. Although some manufacturers provide exemptions for professional service shops, we cannot guarantee in that yours will be exempt, nor do we have a list of manufacturers who do provide such exceptions. Always check with your manufacturer before bringing a device still under warranty in for servicing.
Any services or modifications to Apple devices WILL void your warranty. By accepting service from us, you understand and agree that we are not held liable for voiding your devices manufacturers warranty.
If our assistance is required after a customer attempted to solve a problem out of their own accord, the repair thereof will not be covered under a warranty, therefore, standard service rates will apply.
MPORTANT: In the course of conducting diagnostics &/or resolving performance-related issues on your computer, it is possible that all software, including operating systems, other programs, and user data files may be lost. This can result from the intended or unintended consequences of the service process. It is the responsibility of the equipment owner to back up all software and data on your computers hard drive(s) to other appropriate backup storage systems before leaving your equipment with us for service. It is your responsibility to have and provide authentic, individually owned and registered software in the event it is necessary to re-install same. You are herein advised that Your PCMD shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files.
19. Online Booking "No Show and Late Cancellation Fee"
Due to high demand and the limited availability of appointments, Your PCMD, LLC has instituted a "No Show and Late Cancellation Fee" policy that will result in a $25 fee if you cancel your on-site appointment with less than 3 hours notice or do not show up for your in-shop appointment. Clients who cancel their appointments at least 3 hours in advance will not be charged a fee. Timely cancellation will allow this appointment time to be offered to another client.
What counts as a "No Show" or "Late Cancellation"?
A No Show or Late Cancellation is considered to be any online scheduled appointment where the client:
- Does not come in for the appointment within 30 minutes of the scheduled time or
- Cancels the appointment less than 3 hours prior to the appointment
How do I cancel my appointment to avoid a fee?
You can cancel your appointment by:
- Calling us at (940) 668-1800
- Cancelling in person by coming into our facility
- Cancelling via the Book Online link located at the top of our website
What if I feel like I was unfairly charged and I want to appeal the fee?
We understand that on a rare occasion there may be extenuating circumstances that prevent you from calling. If this is the case, you may download the No Show Appeal form. The appeal form must be completed and returned to our facility within 7 days of your missed appointment.
The completed form can be delivered to us by:
- Bringing the form to us in person during our regular business hours.
- Emailing the form to email@example.com (Billing Department)
20. Estimate and Service Time
Estimates and services will be handled on a first-come, first-served basis.
We strive to be able to provide a quick estimate to all of our customers, however due to the complicated nature of most modern electronics, we will often not be able to provide an exact estimate and diagnosis until we examine the device thoroughly. In this circumstance, we try to provide an estimate within 24 hours of the device being left with us, however we do not make any guarantees, implicit or explicit, of the exact time until you receive a diagnosis and estimate.
We pride ourselves on the speed of our services, however many of the factors that determine the length of your service are beyond our control. As such, we will attempt to service your device as soon as possible in the order it was received. Many of our jobs are completed in 24-48 hours, however we offer no guarantees of how long your service will take. Any references to service times on our website or in promotional materials are our best estimates based on previous experience and are not meant to represent an exact time frame or offer any guarantees of service time.
For customers needing the quickest repair possible, Priority Service is available, and will incur an additional fee based on our current job volume and the complexity of your service. Priority Service guarantees only that your device is moved to the top of our repair queue and that your device is looked at and serviced by a technician before any other devices which may have come in before yours. It is not to be taken as a contract, guarantee, or promise for any specific time frame in which your device is finished.
21. Entire Agreement
- To the extent permitted by law, in relation to its subject matter, these Terms:
- embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
- supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
22. Governing Law
- This Agreement is governed by and must be construed according to the law applying in Texas. The Parties hereby irrevocably submit to the jurisdiction of the courts of Gainesville, county of Cooke.