Computer Repair Terms and Conditions
Agreement.
1- By accepting remote assistance via internet or phone from CGrafiks
you are acknowledging that you have read and understand these terms
and conditions and agree to all these terms below. YOU AGREE TO THESE
REPAIR TERMS AND ALL APPLICABLE SERVICE AND DIAGNOTIC FEES. Remote Assistance
fees are $20 per hour with a minimum connection fee of $20 that will cover the 1st hour of assistance. After the first hour you will be charged in 15 minute increments. ($5 per 15 minutes) You will be billed twice if your Remote Session goes over the initial hour. One charge is for the initial connection fee, and the second charge will be the final amount you are additionally charged for the additional Remote Assistance Session. You also agree that you have read and accept the CGrafiks
Privacy Policy.
2- You have requested service from CGrafiks. CGrafiks will
diagnose and service your computer for an applicable fee
as described in Paragraph 3 below.
3- Services and Diagnostic Fee. CGrafiks will attempt to
determine, diagnose and repair your computer via telephone
or internet for an applicable fee. Sometimes a successful
repair is not possible due to problems with your computer
or its configuration. In these situations we may be unable
to complete the necessary services or resolve the problem
to complete the repair of your computer and/or digital technology.
In these cases CGrafiks will refund your inital $20 connection fee or wave that to an Inlab service if necessary. CGrafiks is not liable for incomplete repairs
due to Customer scheduling, or other problems out of CGrafiks control. We reserve the right to refund your Connection Fee in certain situations. If we are able to fix ANY of your problems remotely then the connection fee is sustained.
4- Payment. Once service is complete, payment in full for
the actual costs incurred and the final sum owed, is due
upon completion. Should it be determined in the course of
the performance of diagnostics that the problems on your
computer are hardware based, CGrafiks will notify you of
same and you may take or send the hardware to a repair station
of your choice or to CGrafiks, for service on the hardware;
diagnostic fees still apply as explained in Paragraph 3.
No adequate estimate of that expense can be determined without
actually testing the hardware.
5-Transfer or Installation Services. Unless otherwise agreed,
CGrafiks is not liable for and you agree to hold CGrafiks
and owner Josh Hesser harmless from any and all damages,
costs, and expenses incurred as the result of any defect
or damage to any software or data residing or recorded in
your computer, whether incurred during the course of CGrafiks
services or otherwise. If service involves transferring
information or installing software, you represent that you
have the legal right to copy the information, to use the
software and agree to the terms of the software license,
and you authorize CGrafiks to transfer the information and
accept such terms
on your behalf in performing the service.
6-Warranty. In servicing your computer, CGrafiks warrants
that service will be performed in a professional and timely
manner. All services with the exception of virus removal,
spyware, adware or mailware are warranted for a period of
30 days at the discretion of CGrafiks.
7-THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
AND ALL SERVICES PERFORMED FOR YOU BY CGRAFIKS. CGRAFIKS
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH
RESPECT TO SUCH ITEMS, INCLUDING,WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WHETHER EXPRESS OR IMPLIED. IF CGRAFIKS CANNOT LAWFULLY
DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY,
ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION
TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
8-Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE
YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, CGRAFIKS HAS
NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER.
CGRAFIKS ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM
ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR
COMPUTER, WHETHER DUE TO CGRAFIKS ERROR OR NEGLIGENCE OR
TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU
PAY CGO FOR SUCH SERVICE. CGO HAS NO LIABILITY WHATSOEVER
FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR
REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY
PERMITTED UNDER THIS AGREEMENT. CGRAFIKS EXPRESSLY HAS NO
LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS
WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR
TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST
CGRAFIKS IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID CGRAFIKS
FOR THE SERVICE.
9-Data Protection. You agree and understand that it is
your (the customer's) responsibility to maintain copies
of ALL data on your computer, and to obtain such copies
prior to authorizing CGrafiks to commence its services for
you.
10-This agreement shall be construed under the laws of
the State of Tennesee and any other state that the client
may be located in at the time of service . In the event
any dispute arises under this agreement or in any manner
concerning the subject matter thereof, the parties agree
that any such dispute shall be subject to binding arbitration
only, and the parties expressly waive any and all rights
they may have to otherwise proceed with such dispute resolution
in a court of law.
11-Any and all binding arbitration proceedings shall be
undertaken as "fast track" proceedings and shall
only be commenced in Cumberland County, Crossville TN. Each
party shall bear its own costs and expenses of such proceedings,
including any and all resulting attorney fees; provided,
however, that the prevailing party in such proceedings may
have the right to recover attorney fees against the opposing
party if such fees are otherwise recoverable in disputes
of that type under the laws of the State of Tennessee. This
paragraph is intended to be and shall be construed as a
forum selection clause, and the parties agree to bound hereto.
By checking the box you (customer) agree that you have
made a backup copy of all data on your computer and that
this is your responsibility. CGrafiks, partners or affiliates
are not responsible for lost, missing, unrecoverable or
damaged data.
(customer) agree that I am of legal age and agree and accept
service from CGrafiks. By clicking the “I Agree”
button below I will accept service from CGrafiks and acknowledging
that I have read and understand these terms and conditions
and agree to all these terms. I AGREE TO THESE REPAIR TERMS
AND ALL APPLICABLE SERVICE AND DIAGNOTIC FEES.