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BY CLICKING ON THE "I ACCEPT" button - you are acknowledging that you have read and understand, and agree to the computer repair terms and conditions agreement below. YOU AGREE TO THESE REPAIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE REPAIR TERMS AND CONDITIONS, CLOSE OUT THE WINDOW; no estimate will be made, no work will be done and no charges will apply.
Agreement between Neighborhood Computer Doctor ("NCD") and You ("Client")
You agree that you the client is 18 years or older or will have someone 18 years or older at home during the onsite computer repair time frame.
PRICING AND TERMS AGREEMENT
Diagnostic and Services
NCD will perform all necessary services reasonably necessary to properly complete the repair of your computer or system.
Client agrees to pay the service charges stated in the pricing table on this website for the on-site service or pickup/delivery service. In the event that no work is done or original problem is unresolved on the client's computer. Client would not be charged for repair services but will be charged for diagnostics if they choose not to proceed with Neighborhood Computer Doctor for a full repair services. The diagnostic rate is shown on the rates table of this website.
Service Call Charges
When the Neighborhood Computer Doctor comes to the Client's location to make the service call either through pickup/ delivery service or on-site support, client will not be charged for the trip only if the live within 30 miles of the NCD's office location. If the location is more than 30 miles from the NCD's office, Client agrees to pay a service charge trip fee as specified in the rates table on this website.
Appointment Cancellation
Client agrees to pay the following fees in the event of an appointment cancellation: If cancelled 2 to 24 hours before the appointment, $29; if cancelled less than 2 hours before the appointment, $59; and if cancelled after the technician has arrived at the service site, $99. Neighborhood Computer Doctor does not provide billing services to clients. There is a $20 charge for returned checks. Neighborhood Computer Doctor reserves the right to refuse service as well as to change fees and rates at any time without notice. Client agrees to pay Neighborhood Computer Doctor for all charges at the time of service.
Work Completion and Payment
Payment. 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, NCD will notify you of same and you may take or send the hardware to a repair station of your choice or to NCD, for service on the hardware; diagnostic fees may still be applicable if necessary. No adequate estimate of that expense can be determined without actually testing the hardware.
Rate Updates
Neighborhood Computer Doctor reserves the rights to change it rates at any time to match the competition or meet the business needs. In the even that the rates are changed, the new rates will be updated on the website rate table.
SERVICE AND TERMS AGREEMENT
Property Protection
On the event of a technician visiting clients house for a repair, Client agree and understand that it is your (the customer's) responsibility to move any equipment or property that may interfere with the working area prior to the technician's arrival. If client is unable to move the equipment, client hereby authorize the technician to assist in moving the equipment and the technician or NCD will not be held liable for any damage caused during this process if any.
Warranty
NCD warrants that service will be performed in a professional and timely manner.
Client agrees to release and hold harmless Neighborhood Computer Doctor from any and all liability associated with the performance of service or the provision of parts, and acknowledges also that Neighborhood Computer Doctor offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturer's warranty.
Client agrees to release and hold harmless Neighborhood Computer Doctor from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of Neighborhood Computer Doctor its agents or service representatives, even if Neighborhood Computer Doctor has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein, Neighborhood Computer Doctor liability is limited to the extent permitted by law in such states.
There is NO warranty for removal of viruses, spyware, adware or mailware; if they are the cause of a repeat effort, client will be charged again for that service.
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 NCD. NCD 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 NCD 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. Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, NCD HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. NCD'S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO NCD'S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY NCD FOR SUCH SERVICE. NCD 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. NCD 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 NCD IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID NCD FOR THE SERVICE.
Permission
Client grants Neighborhood Computer Doctor its agents and service representatives, access and permission to physically disassemble any and all computer systems, components, networks, and peripherals. Client grants Neighborhood Computer Doctor its agents, and service representatives, permission to perform modification to Client's home or office property for the purpose of installing or troubleshooting computer and networking hardware. Client grants Neighborhood Computer Doctor its agents and service representatives, permission to download and install software on Client's computer and network. Client grants Neighborhood Computer Doctor its agents and service representatives, permission to install hardware in Client's computer and network.
Client agrees that the service technician is an independent contractor whose services were arranged for by Neighborhood Computer Doctor and that Neighborhood Computer Doctor does not have control over the manner in which the technician performs his or her services.
Data Backup and Recovery
Neighborhood Computer Doctor strongly recommends that Client safeguard critical data by backing up said data prior to any services performed Neighborhood Computer Doctor Unless specifically requested and provided as a paid service by Neighborhood Computer Doctor Client is responsible for any backup, archiving, or protective storage as well as restoration, if required, of Client's data. Neighborhood Computer Doctor is a provider of billable on-site services. Neither the signing of this agreement nor the performance of services by Neighborhood Computer Doctor implies availability of telephone technical support. This document constitutes the entire agreement.
Transfer or Installation Services
Unless otherwise agreed, NCD is not liable for and you agree to hold NCD and owner Uchenna Amadi its agents, and service representatives 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 NCD's 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 NCD to transfer the information and accept such terms
on your behalf in performing the service.
This agreement shall be construed under the laws of the State of Arizona. 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.
Any and all binding arbitration proceedings shall be undertaken as "fast track" proceedings and shall only be commenced in Maricopa County, Arizona. 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 Arizona. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.
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