Terms of Service
You have requested the support service described below (the "Service") from Network Communications ("Provider") through a web site maintained by Provider with the following address: http://www.nj-computers.com/ (the "Site"). BY CLICKING ON THE "AGREE" button - you are acknowledging that you have read and understand, and agree to the computer repair terms of service below. YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, CLICK ON THE "CANCEL" button. The Service will be provided to you subject to the following terms and conditions:
Acceptance. By confirming below that these terms have been reviewed and accepted by you, you will be bound by these terms and they will form the agreement between you and Provider upon which the Service will be provided. Provider will not be required to perform the Service requested by you through the Site until it accepts your request in writing or electronically. If you issue a purchase order or other writing in connection with the Service, any provision of such purchase order or other writing inconsistent with these terms will not be binding upon Provider and, to the extent any such inconsistency exists, these terms will control.
Service. The Service allows you to interact online with remote support computer technicians ("Technicians") and allows Technicians to gain remote access to your computer to assist in resolving your computer problems. The Service also employs software to collect system information about your computer, diagnose your computer problem using such information, relay such information and a diagnosis to a Technician and/or you, and, if authorized by you, allow Technicians to remotely access your computer and/or make repairs. While the use of many components of the Service are optional, Provider must have your current system information in order to perform the Service. If you deny Provider's request to obtain such information, Provider will not be able to process your request to the full extent possible and will be limited in providing the Service.
Requirements. A broadband internet connection either DSL or cable is required for optimum service (NO “FAST” DIAL UP). Windows 2000 or higher desktop laptop or server. No Mac, no Unix, no Linux. Ability to boot completely into Windows safe mode or regular mode. A phone number that can be called back during normal daytime business hours.
A valid credit card with valid non-PO Box mailing address. English language only. US Dollars only.
Repair Process. You may ask Provider questions about software and hardware malfunctions related to the products that appear on Provider's list of supported products. Provider may refuse to answer a question that is related to a product not mentioned on the supported products list. Answering a question relating to an unsupported product should be considered a courtesy and not an obligation of Provider.
Software. Provider will make software available to you in connection with the Service (the "Software"). The availability of the Software is subject to the license agreement that you must accept before using the Software.
Availability. Provider cannot guarantee the immediate availability of tech support since we have no control of the internet, power grid, hosting servers, etc. If for some unforeseen reason beyond our control we cannot provide support at your scheduled appointment time, we will contact you by phone or email and make arrangements to reschedule.
Please be aware that if you request ASAP support, you may not receive immediate help. If we have a high volume of support requests, a support technician might not be available for immediate assistance. In such a case, we will put you on a waiting list and notify you by phone or email as soon as a support technician is available to assist you. You will also have the option to reschedule an appointment.
Payments. We ask for credit card information up front so that our service is not taken advantage of. Before proceeding with a Pay-Per-Incident support session, we must have verification of your credit card either online or by phone. This is to ensure that payment will be made once the support session is complete. You will receive an email confirmation of your order and credit card verification once you have gone through the secure checkout process. Your credit card will not be charged until after your support session has been completed.
Credit card information is 128bit SSL encrypted and not viewable by anyone. Provider cannot view or otherwise access your credit card number.
Once service is complete, your payment 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, Provider will notify you of same and you may take or send the hardware to a repair station of your choice or to Provider, for service on the hardware; diagnostic fees may still be applicable. No adequate estimate of that expense can be determined without actually testing the hardware.
Your responsibilities. You must (a) comply with all applicable laws in connection with your use of the Service, (b) not use the Service for any illegal purpose, (c) not interfere or otherwise disrupt networks connected to the Service, (d) not use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) not transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any nature, (f) not attempt to gain unauthorized access to other computer systems and (g) not interfere with another user's use and enjoyment of the Service. You are solely responsible for backing up all data stored on your computer and for protecting such data from loss or theft.
Intended audience. Provider offers the Site and the Service from its headquarters in the United States for customers located in the United States and makes no representation that the Service or the Site are appropriate or will be available for use in other jurisdictions. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals and entities located in the United States. Your use of the Service is subject to all applicable laws.
Privacy. While Provider will attempt to protect information about you, such as your name and credit card information from inadvertent disclosure, it does not assume any responsibility if such information is disclosed through the Service or the Site due to circumstances beyond Provider's control. You should read Provider's Privacy Policy for more information regarding privacy.
Disclaimer. THE SERVICES ARE RENDERED BY NETWORK COMMUNICATIONS WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, NETWORK COMMUNICATIONS DOES NOT WARRANT OR REPRESENT THAT (A) THE SERVICE OR THE SITE WILL BE ERROR FREE, (B) DEFECTS IN THE SERVICES OR THE SITE WILL BE CORRECTED OR (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE.
Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, PROVIDER HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. PROVIDER'S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO PROVIDER’S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY THE PROVIDER FOR SUCH SERVICE. PROVIDER 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. PROVIDER 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 THE PROVIDER IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID THE PROVIDER FOR THE SERVICE.
Data Protection. You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing the Provider to commence its services for you.
Force Majeure. Provider will not be liable to you for any failure or delay in the performance of an obligation pursuant to these terms and conditions to the extent such failure or delay is caused by circumstances beyond its reasonable control (including, but not limited to, earthquake, fire, flood or other casualty, an act of God, a strike, lockout or other labor dispute, war, embargo, blockade, legal restriction, riot, insurrection or governmental action).
Taxes. No fees charged by Provider for the Service include any taxes or other government-imposed fees, unless expressly stated to include such taxes or other government-imposed fees. You are responsible for the payment of all such taxes and other government- imposed fees.
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