Terms of Service - PrescriptionPC.com

BUSINESS HOURS/ RATES AND OTHER FEES

1. Business Hours: Standard service hours are Monday-Friday, 9:00 AM-8:00 PM and Saturday, 9:00 AM - 5:00 PM. National holidays and services performed before and/or after business hours will be charged at “time and a half”. Business hours are subject to change. We do offer 24-hour Emergency Services for “time and a half” combined with a $30 service charge.

2. Special Call: A special call fee will be charged for un-scheduled appointments or an emergency service call - “time and a half” combined with a $30 service charge.

3. Travel Charge: Travel charges will apply for most locations. Travel charge is calculated at $15 per service call for any location over 10 miles of travel from Prescription PC’s main address to the client’s service call location.

SERVICE TERMS:

4. Diagnosis: If requested by the client, and if Prescription PC has access to the client’s computer(s), Prescription PC will attempt problem diagnosis and a solution over the telephone or using some form of remote control for the regular remote support/ phone support fee, as posted on our website.

5. Remote control: Customer acknowledges that the remote support configuration, including installation of programs that will allow Prescription PC to troubleshoot the issues, might be installed and/or configured. This process shall be a non- separate part of the troubleshooting session, and customer agrees and acknowledges those installations and fees. A flat fee of $75 will be imposed for any remote desktop session and payment must be made prior to beginning of session. There is no time limit per session unless otherwise determined by a Prescription PC technician.

6. An Adult Must Be Present at Residences or Business: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. If a Prescription PC technician arrives at the scheduled service time and no adult is present, services may be denied and a cancellation charge equals to one service hour fee ($60) and travel charge fee will be assessed and paid by the customer (if over 10 miles from departure).

7. Access: Prescription PC Technician(s) must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to the premises, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. If a Prescription PC technician arrives at the scheduled service time and determines that he/she does not reasonably have the access, cooperation, or safe working area described in the previous sentence, services may be denied and a $75 cancellation Charge and any travel charges will be assessed.

GENERAL TERMS:

8. Limitations to service: Prescription PC and/or its third party service provider reserves the right to refrain from providing any or all services ordered and instead may refund the customer’s payment, wholly or impart, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the customer are unusual or extensive and beyond the scope of this service agreement as reasonably determined by a Prescription PC technician and/or its third party service provider.

9. Backup: Backup your software and data: It is the customer’s responsibility to keep a backup, or to perform a backup of all software and data that is stored on client’s computer’s hard disk drive(s) and/or on any other storage devices/ media client may have, prior to the arrival of the technician to your home or business, or prior to the remote support session. Prescription PC and/or its third party service provider shall not be responsible at any time for any loss, alteration or corruption of any software, data or files. Client agrees to waive responsibility from Prescription PC of any lose of software and data. If client choose to have a Prescription PC technician backup client’s data/ information, client is aware and agrees that all data being backed up should be monitored by and agreed by the client. Prescription PC is not and will not be responsible for any data loss.

10. Spyware / Adware / Malware and/or Virus Removal: Prescription PC can perform a system scan on a clients computer/laptop to search for and remove any Spyware, Adware, Malware and/or Viruses/Trojans that are found with the exception that Prescription PC be released of any/all liabilities resulting in the removal of the Spyware, Adware, Malware and/or Viruses/Trojans. These liabilities can include loss of data, personal files (images, videos, documents, etc) and/or programs. Due to the malicious behavior generally associated with Spyware, Adware, Malware and/or Viruses/Trojans, Prescription PC will take every precaution to prevent losses or to minimize them. A System Restore Point will be created in the event that the malicious behavior(s) and/or attacks made to programs or personal files are compromised.

11. Payments: All customers are to provide payment for all services/ sales provided by Prescription PC upon completion of work, in the form of check, cash, money order or a PayPal payment. In some cases, Prescription PC may agree to accept payment later then the service/sale date, and in this case, payment is due no later than 10 business days from invoice date. This agreement must be in writing. Any payments received later than 10 business days may be subject to a 15% late fee, and will be reassessed this late fee on a monthly basis, at the beginning of every 30 days period, until payment is received. Late fee will be assessed for NSF checks as well. All hardware parts sold by Prescription PC are the sole property of Prescription PC until the payment and all bills are paid in full to Prescription PC. If a client pre-orders ANY hardware item, the client will be charged for that item and absolutely no refunds, returns or exchanges will commence. Hardware parts for any computer, laptop, etc. are specific for that computer or peripheral and cannot be refunded.

12. NSF (Non-Sufficient Funds): Writing a bad check is against the law. Prescription PC will prosecute a bad check provider. Non Sufficient Funds checks (NSF) or voided checks will result in $25 fee, and client understands that by signing this agreement, client agrees to send payment immediately in case of NSF payment, or legal actions will be taken against the client.

13. Refund Policy: Hardware parts/ retail might be special ordered for you and customized to your needs, and therefore may not be cancelled or returned for a refund. There is absolutely NO refund on software/programs. Replacement for damaged software and/ or hardware will be available in most cases, mostly according to wholesaler’s / manufacturer’s policies, and directly by contacting and communicating with the manufacturers.

14. Delivery/ Shipping: Delivery deadlines of goods and services are estimated only, and cannot be guaranteed.

15. Services Warranty: Most services are under warranty for 10 days from service date. If problem is due to misuse or fault of client during this 10 day period, client is subject to a regular service charge. After warranty period ends, any services provided will be billed at regular hourly rate.

16. Hardware / Parts Warranty: For products bought thru Prescription PC with manufacturer’s warranty, client must contact the manufacturer for the warranty replacement or repair of the item. Prescription PC is not responsible for replacing the item or fixing the item that is under manufacturers’ warranty, unless specified otherwise in writing by Prescription PC.

17. Release of liability: By signing the form you affirmatively release and hold harmless Prescription PC and/or its third party service provider, from and against any loss, liability or damage that you or the business or the computer(s) or user(s) may suffer, including but not limited to any loss of any data and the non-functioning of any component or element of your computer equipment, or peripherals resulting from Prescription PC and/or its third party service provider’s agents, partner’s and/ or third party service providers.

18. Expiration: This agreement, and all terms in this agreement, in whole or in part, shall be valid and agreed upon by both parties, and will be canceled ONLY after a written agreement signed by both parties. No other agreements or terms, whether in conflict or not, will cancel or change the terms on this agreement. The terms on this agreement are the most updated terms of service agreement terms of Prescription PC. Previous Terms of Service agreements signed by you with Prescription PC are void, and the terms of this contract will take effect after signing it below.

19. Validity: This form is to replace any verbal or previous written agreement between both parties, and is effective from the day of signature.

20. Choice of law: This agreement is governed and interpreted by the laws of the state of Georgia.

21. Attorney’s fee provision: In the event that this agreement is subject to court action, attorney’s fees may be awarded to the prevailing party.

The above listed Terms of Service (TOS) are for clients and MUST be signed PRIOR to any service. The TOS may be downloaded by clicking on the following link: http://www.prescriptionpc.com/PPC_TOS.doc

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