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THESE TERMS OF SERVICE APPLY
TO ("IN-HOME SERVICE") ORDERED FROM SOCALWIZARDS OVER THE PHONE or ONLINE.
TERMS AND CONDITIONS
IN-HOME SERVICE
(a) Scheduling:
Standard service hours are Monday-Friday, 9 AM – 7 PM, Saturday 10 AM – 5 PM.
Additional charges may apply for rapid response services or service outside of
standard installation hours.
(b) Additional Hardware or
Software Install/Service: This service is only available to customers
who have already purchased one on-site service and are purchasing this as a
second service. Approved services must be one of the following: software
installation, software service, memory installation, sound/video card
installation, network card installation, modem installation, CD/DVD-RW
installation, or CD/DVD-ROM installation.
(c) An Adult Must Be Present
At Residences or Business: For on-site services, a person of at least
18 years of age must be present during the entire time period services are
provided. IF THE SoCalWizards SERVICE TECH ARRIVES AT THE SCHEDULED SERVICE TIME
AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $50 CANCELLATION CHARGE
WILL BE ASSESSED.
(d) BACKUP YOUR SOFTWARE AND
DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT
IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE
DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE SoCalWizards SERVICE TECH TO YOUR
HOME OR BUSINESS. SoCalWizards AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT
BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY
SOFTWARE, DATA OR FILES.
(e) Minimum System
Requirements (For Wireless Home Networking Only):
All computers to be networked must have a minimum of 10MB of hard disk
space and 32 MB of RAM.
Password(s) for operating systems(s) and/or ISP must be available at the time of
service.
Microsoft Windows 98 SE operating system or greater.
Operating System disc and Key Code must be available at the time of service.
All computers and/or peripherals to be networked must be in good working order
and Spyware-free.
For all broadband installations, the broadband services must be installed and
operational prior to the time of service, including connections to any broadband
modem.
Broadband connections exclude DirecPC™ and DirecWay™ or any satellite services.
(f) Access: The
SoCalWizards service representative must receive full access to the computer(s)
and/or peripheral(s) to be serviced, access to your residence, your consent and
cooperation to enter your residence or business, and a safe working environment,
working space and electrical power. IF THE SoCalWizards service representative
ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT
REASONABLY HAVE THE ACCESS, COOPERATION, OR SAFE WORKING AREA DESCRIBED IN THE
PREVIOUS SENTENCE, THEN SERVICES MAY BE DENIED AND A $50 CANCELLATION CHARGE
WILL BE ASSESSED.
TERMS APPLICABLE TO PAY FOR SUPPORT
AND IN-HOME SERVICES:
LIMITATIONS TO SERVICE:
SoCalWizards AND/OR ITS THIRD PARTY SERVICE PROVIDER 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 BEST BUY AND/OR ITS THIRD PARTY SERVICE PROVIDER.
FORCE MAJEURE: If
SoCalWizards’s and/or its third party service provider's ability to render
services is impaired by you or circumstances beyond the control of SoCalWizards
and/or its third party service provider, SoCalWizards and/or its third party
service provider may choose not to provide services.
LIMITATION OF REMEDY:
UNDER NO CIRCUMSTANCES SHALL SoCalWizards AND/OR ITS THIRD PARTY SERVICE PROVIDER
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 SoCalWizards
AND/OR ITS THIRD PARTY SERVICE PROVIDER 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 SIGNING THE FORM YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS SoCalWizards
AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR
DAMAGE THAT YOU ROR 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 SoCalWizards AND/OR ITS THIRD
PARTY SERVICE PROVIDER'S SERVICE TECHS, PARTNERS AND/OR THIRD PARTY SERVICE
PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR
SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF
DAMAGES TO YOU.
ONLINE SERVICE.
Acceptance of the Services. You are deemed to have accepted this Agreement upon
the earlier of: (a) your submission of an online or telephone request for
service; (b) your accepting the Terms of Service electronically during
registration or in the course of initiating a support session whether online or
by telephone; or (c) your use of the Service. This Agreement is made up of the
terms below, plus the Privacy Policy, and the other policies and materials
specifically referred to in these Terms of Service, all of which are
incorporated herein by reference. The Agreement sets forth the terms and
conditions under which you agree to use the Service, and under which
SoCalWizards,
and/or its authorized service provider(s), agrees to provide the Service to you.
Definition of Service. For purposes of this Agreement, the term "Service" shall
mean the SoCalWizards Computer Help service, including all technical support,
usenet newsgroups, email and other features, products and services provided by
SoCalWizards, and/or its authorized service provider(s) under the service option
that you have selected. The Service may be referred to as, "Remote Computer
Support", "Virtual On-Site Computer Support Service", "On-Site Computer Support
Service", "Online Computer Support", "Drop-Off Computer Support" or "SoCalWizards
Computer Help". As part of the Service, SoCalWizards and/or its authorized service
provider(s) may license to you, or assist you in licensing from third parties,
software (see Section 2.5 below).
Authorized User, Use and Responsibilities. You represent that: (i) you are 18
years of age or older and you have the legal capacity and authority to bind
yourself and your employer, as applicable, to this Agreement; (ii) you consent
on behalf of yourself and/or as an authorized representative of your employer,
as applicable, to be bound by this Agreement; and (iii) the information you
supply to us is correct and complete. You understand that SoCalWizards relies on
the information you supply and that providing false or incorrect information may
result in Service withholding or delays or the suspension or termination of your
customer account. You agree to promptly notify SoCalWizards whenever your personal
or billing information changes (including for example, your name, address,
telephone number, and credit card number and expiration date).
You agree that you are responsible for all use on your account, including any
secondary accounts or sub-accounts registered to your primary account. You
understand this means that you accept full liability and responsibility for the
actions of anyone who uses the Service via your account, or any secondary
accounts, with or without your permission.
If you select a service plan, not including subscription plans, that includes a
pre-determined allocation of Services (for example, pre-purchasing 5 hours of
Remote Computer Support Service), unused allotment of Services will remain in
your customer account until used. If you select a subscription service plan that
includes a pre-determined allocation of Services (for example, purchasing a
$24.95 per month Individual Subscription Plan), minutes will accumulate on a
monthly basis and roll-over from month to month if unused, but will expire at
the end of the 12 month subscription period. You may use your account for up to
four log-on sessions per appointment at any time. You may use more than one IP
address for each log-on session.
CHANGES, CANCELLATIONS AND
REFUNDS
To change your order you must contact SoCalWizards at: 1 800 XXX-XXXX.
You may cancel your order if you give SoCalWizards at least 2 hours notice prior
to the scheduled performance of services. Cancellations must be completed by
calling 1 XXX XXXX. The payment amount will be fully refunded in the manner the
purchase was paid.
If you are not satisfied with your
service: Please call 1 800 XXX-XXXX for resolution. We stand behind our In-Home
Service for 30 days. If there is a problem with the service we provided and you
notify us within the stated time period, we will work to remedy your problem
quickly and at no additional cost.
FOR IN-HOME SERVICES PROVIDED IN
CALIFORNIA:
An estimate as required (Section 9844 of the California Business and Professions
Code) for repairs shall be given to the customer by SoCalWizards in writing, and
SoCalWizards may not charge for work done or parts supplied in excess of the
estimate without prior consent of the customer. Where provided in writing,
SoCalWizards may charge a reasonable fee for services provided in determining the
nature of the malfunction in preparation of a written estimate for repair. For
information contact the Bureau of Electronic and appliance Repair, Department of
Consumer Affairs, Sacramento 95814. |
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