TECH90 is owned and operated by Gregory W. Madore dba TECH90 (hereinafter “TECH90”, “we”, “us”, “our”). We reserve the right to change these terms at any time as we see fit. It is the responsibility of any subscriber, user, customer or prospective customer (“client”, “you”, “your”) to read these terms of service before contacting us to schedule a service engagement. BY CONTACTING TECH90 FOR ANY REASON YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS THEY EXIST, OR AS THEY ARE UPDATED OR AMENDED. IF YOU (the “CLIENT”) DO NOT ACCEPT THESE TERMS, THEN YOU SHOULD NOT CONTACT TECH90.
SERVICES – TECH90 provides equipment resale and web design services, as well as support and repair information and services related to audio/video/entertainment equipment, technology integration, computers, portable devices, computer networks and software. We reserve the right to refuse to service any product and any client for any reason that does not violate these terms or local and national law.
TECH90 will attempt to diagnose and provide, or suggest, a solution to the problem(s) and question(s) presented by the client in exchange for a service fee. TECH90 representatives ARE NOT able to provide services OTHER THAN THOSE LISTED HERE. OUR STAFF IS NOT ABLE TO ASSIST WITH MOVING FURNITURE or any other service that involves handling anything other than the ELECTRONIC devices associated with the request that was scheduled for that time.
NOTE TO CALIFORNIA CONSUMERS – AN ESTIMATE FOR REPAIRS, AS REQUIRED (SECTION 9844 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE), SHALL BE GIVEN TO THE CLIENT BY TECH90 IN WRITING. TECH90 MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT THE PRIOR CONSENT OF THE CUSTOMER. WHERE PROVIDED IN WRITING TECH90 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, CA 95814.
If, during the course of our services, additional problems are discovered, additional charges may be required to resolve those newly discovered issues. If additional problems are discovered, we will generate a revised estimate and we will promptly submit that revised estimate to you. No work associated with these additional problems will be performed until you approve the revised estimate. If you are unavailable to approve these additional charges, and no further work can be performed until that approval is provided, all work will stop until you approve the revised estimate. We are not responsible for delays in the completion of a service as a result of our inability to receive feedback from you related to the repair process.
No work will be done to troubleshoot or resolve issues that do not affect the normal operation of the equipment and are not requested by the client.
In some situations, a solution, diagnosis or support may not be completed due to an issue with your computer, its configuration or other issue that is beyond our control. If a situation of this nature occurs, we will make every reasonable attempt to complete the service(s) as requested by the client in another way or at another time. Regardless of the outcome, the client is still responsible for charges for the time and effort spent in an attempt to provide services even if a complete solution is not provided.
CLIENT RESPONSIBILITIES
- DATA – You understand and agree that it is your responsibility to back-up data, software, files or other electronic information stored within a computer hard disk drive or other memory device or drive associated with or connected to the device(s) submitted to us for any service performed by us. You agree that whether or not you request back-up services from TECH90, TECH90 shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
- AGE – You represent that you are 18 years of age or older. If you are not 18 years of age or older, this document must be reviewed, initialized and signed by a parent or legal guardian. For onsite service involving individuals who are under the age of 18, an adult parent or legal guardian must be present at all times during the service visit.
- ACCOUNTS – You agree that you are responsible for all activity and use of your account with TECH90. You agree and understand that you accept full responsibility and liability for the actions of anyone who uses our services via your account.
- SCHEDULING – You agree that you will be available at your scheduled appointment time. Applicable no-show, cancellation or late fees are due according to standard payment practices. TECH90 agrees to be on-site within 15 minutes of the scheduled appointment time and will stay on-site for no more than 30 minutes after the originally scheduled meeting time.
- SAFE & REASONABLE ACCESS – You agree to provide safe access to all equipment involved in your request. This includes the computer system, ALL CABLES (INCLUDING THE POWER CABLES) CONNECTED TO ALL COMPONENTS OF THE COMPUTER SYSTEM, the network, peripherals and any other device(s) involved in your request. It is at the sole discretion of the TECH90 representative to determine whether or not he or she has safe access to the equipment. If the TECH90 representative determines that he or she does not reasonably have access, cooperation, or safe working areas, then service may be denied and a $50 cancellation fee will be charged. Under no circumstances will TECH90 staff handle anything other than those devices associated with the specific request that was scheduled for that time.
SERVICE COVERAGE – TECH90 reserves the right to add or eliminate service coverage areas with or without notice to the client. We also have the authority to change, establish and charge additional fees for areas outside of our normal service areas. For all on-site services, TECH90 charges a trip fee of $0.50 per mile as defined by travel time from our main office in Glendale, CA.
UNUSED BILLABLE TIME – Any unused billable time will not carry forward. Service hours and incidents are at our sole discretion.
PAYMENTS – TECH90’s invoiced services are based on a NET30 payment schedule. This means that full payment of the invoice balance is due 30 days after the date of the invoice. If full payment is not received within 30 days a late fee equivalent to 12% of the remaining balance per annum (approximately 1% each month) will be applied to the invoice and a revised invoice will be sent to the client for which you agree to be responsible.
AVAILABILITY OF SERVICES – Services may not be available at all times. TECH90 or its subsidiaries, suppliers or partners may restrict the availability of service or its times of availability to perform scheduled or unscheduled maintenance at any time without notice or liability. For remote services, specific Internet connection requirements are necessary. It is the responsibility of you the user to maintain Internet connectivity to allow for adequate service levels. TECH90 will at its sole discretion determine adequate service levels.
The client acknowledges that circumstances outside of our control may arise that may lead to service delays. The client hereby releases us from any and all liability and agrees that we are not responsible for any direct or indirect damages resulting from any service delays.
DISCLAIMER OF LIABILITY – To the maximum extent permitted by law, TECH90 will under no circumstances be liable for any special, indirect, incidental or consequential damages resulting from the performance of any of our services, including but not limited to loss of business, goodwill, reputation, damage to, or corruption of data; or any costs of recovering, programming or restoring any program or data stored or used with your product and any failure to maintain the confidentiality of data stored on your product.
TECH90 DOES NOT WARRANT THAT IT WILL BE ABLE TO PERFORM ITS SERVICES WITHOUT RISK TO OR LOSS OF YOUR PROGRAMS AND/OR DATA, AND MAINTAIN THE CONFIDENTIALITY OF YOUR DATA. IF ANY HARDWARE PRODUCT SHOULD BECOME PHYSICALLY DAMAGED OR LOST WHILE IN TECH90’S CUSTODY, OUR LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED HARDWARE PRODUCT.
CONSENT
By contacting TECH90 and utilizing our services you are hereby consenting to all terms set forth in this agreement. This includes ALL LIMITATIONS OF DAMAGE PROVISIONS as outlined in this Terms of Use. You also consent to the collection and utilization of information by TECH90. If you do not consent to any of the terms set forth in this agreement, do not contact TECH90.