Version 1.0 - Effective January 1, 2018
PREFACE
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Ryan’s Personal Computer Services and any of its affiliated companies (if any)(collectively, “company” or “me” or “I"), concerning your access to and use of the 'RyansPersonalComputerServices.com' website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “website”). The Website provides the following service: Computer Repair Services (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated in the Agreement by reference.
The term ‘me’ or ‘I’ or ‘Company’ refers to the owner (Ryan Page) of the website 'RyansPersonalComputerServices.com' and of the business entity known as 'Ryan's Personal Computer Services'. The term ‘you’ or ‘customer’ refers to the user of my services or viewer of my website.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.
I reserve the right to refuse service to anyone for any reason in accordance with local, state, and federal laws.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVERS OR THE WEBSITE OR SERVICES.
Payments
All payments are final unless otherwise noted. I accept payment by Check made out to "Ryan's Personal Computer Services" or cash only. All bank fees are to be paid by the customer. Payment is expected on the date of service or the due date noted on the invoice.
Some information collected may be the customers first and last name, company name (if applicable), phone number, email, and address. A username and password is created by the administrator for each new customer and will be given to the customer upon receipt of the initial service. No credit card numbers, social security numbers, or banking information is shared. Therefore no payment is currently accepted via over the Internet.
My Service Warranty and Guarantee:
I offer a (10) ten day warranty for my services provided along with a guarantee that if I am unable to resolve the problem you will be refunded for your payment for the repair upon allowing me to undo changes I made to your system. Once a service is started I will attempt all possible solutions before issuing a refund. If during the (10) ten day period from the completion of your service the same problem comes back, I will attempt to correct the problem again at no charge. If I am still unable to resolve the problem you will be refunded the full amount paid for the repair. The guarantee only applies to the repair, any diagnostic fee's charged are not refundable for any reason.
Optional 6 Month Unlimited Maintenance Contract - Monthly Payments For 6 Months
- This service covers all PC's, laptops, and mobile devices in your immediate household that you currently live in.
- This service will allow you to receive unlimited maintenance support either remotely using TeamViewer or in person.
- This service will charge you $ once per month (after an additional startup fee of $) for a minimum of 6 months until your 6 months are up.
- If you wish to continue this service, you may request an extension of this contract by another 6 months by emailing me at rpcs2018@outlook.com. You will not be required to pay an additional startup fee if requested before your 6 months are up.
- Payment is expected by the first day of each month or this contract can be voided by me and you may be required to enter a new contract paying another $ startup fee if you wish to continue your service. You also have the option of paying for the entire 6 months up front with a total cost of $0.
- This service is a 6 month contract and may not be cancelled (without written approval by me) until 6 months from the initial billing date. If the contract is cancelled for any reason, you may receive a confirmation emailed to you by me.
- I will make every effort to repair your computer, however some issues may not be resolvable remotely.
- I reserves the right to cancel this service at any time if I determine the service is being misused, abused, or if you require an exceptionally higher than normal number of support calls. No refunds will be issued if cancelled for this reason.
Web Hosting
- All services provided by my hosting services under this agreement are provided without any warranty whatsoever. I do not warrant that the operation of the services will be uninterrupted or error-free, or completely secure. All services performed under this agreement are performed "as is" and without warranty against failure or performance including, without limitation, any failure due to computer hardware or communication systems.
- Customer agrees that it shall defend, indemnify, save and hold me harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against me, that may arise or result from any service provided or performed or agreed to be performed by me.
- Customer may only use my web hosting services for lawful purposes. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. Using my servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
- Any Website interpreted by me that is involved with hacking or spamming or sending unsolicited e-mails can be terminated by me without prior notice or refund of any kind.
- Any activity which causes service interruptions to either my network/servers or any outside network is prohibited. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
- Payment is due on the first of the month unless otherwise noted on the invoice. No refunds will be given.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. I will accept termination by a written request only. Notwithstanding the above, I may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. I reserves the right to charge a reinstatement fee.
- Early termination does not warrant nor will receive any pro-rated refunds. Notice of cancellation must be given 14 days before the month in question begins. Setup fee is NON-refundable.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither me nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Authorization to access your computer:
When using TeamViewer to connect to your computer, you acknowledge that by your use of my services you are authorizing me to access and control your computer for the purposes of computer diagnosis, service and repair.
You are also authorizing me to download, install, take control of your computer, change settings, remove files, and any other necessary actions to complete the support request. You agree that I will not be held liable or responsible under any circumstance at any time for any type of loss or damage including data loss while receiving my services. You also acknowledge that TeamViewer is a third party software downloaded to your computer and that you accept the terms of use governed by Teamviewer found here.
Onsite Service Liability:
I provide onsite in-home service or at a location agreed by both parties. You agree that I will not be held liable or responsible under any circumstance at any time for any type of loss or damage including data loss while receiving my services. All repairs on your computer must be completed at the location of your choosing and equipment should not be removed for any reason. If you allow equipment to be removed by me, you agree that I will not be liable for any damage or theft.
User Representations - Regarding Your Registration
By using the Company Services, you represent and warrant that:
- All registration information you submit is truthful and accurate;
- You will keep your password confidential and will be responsible for all use of your password and account accuracies;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; and
- Your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
GUIDELINES FOR REVIEWS
Company may accept reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitor if posting negative reviews; (4) reviewers should not make any conclusion as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviewers, whether positive or negative. Reviewers are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/ or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITES
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- Attempting to bypass and measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Attempting to impersonate another user or person or using the username of another use.
- Criminal or tortuous activity.
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website.
- Deleting the copyright or other proprietary rights notice from any Website content.
- Engaging in any automated use of the system, such as using any data minding, robots or similar data gathering and extraction tools.
- Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scrapper or offline reader that access the Website, or using or launching any unauthorized script or other software.
- Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you.
- Interfering with, disrupting, or creating and undue burden on the Website or the networks or services connected to the Website.
- Making any unauthorized use of the Company Services, including collecting usernames and/ or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Selling or otherwise transferring your profile.
- Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company.
- Tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords.
- Using any information obtained from the Website in order to harass, abuse, or harm another person.
- Using the Website in a manner inconsistent with any and all applicable laws and regulation.
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