PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
These terms govern the provision of any computer support services (“Services”) provided by Empirical Computers. Empirical Computers provides you with access to and use of the Services subject to your compliance with the Terms. Empirical Computers reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that you are at least 18 years old; you have the right, capacity and authorization necessary to legally bind yourself to the Terms.
Authorization to Access your device
You acknowledge that by your use of the Services you are authorizing Empirical Computers to access and control your device for the purposes of diagnosis, service and repair. In connection with delivering the services Empirical Computers may download and use software, gather system data, take control of your device and access or modify your device settings. By accepting these terms, you hereby grant Empirical Computers the right to connect to your device, download, install and use software on your device to gather system data, repair your device, take control of your device and change the settings on your device while performing the services.
Quotes
Any verbal quote given by Empirical Computers is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be sold at that price. Any written quote will be provided by Empirical Computers at that price. All written quotes are valid for only 7 days. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, no further work will commence without explicit client approval.
Legal Rights
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to Empirical Computers. You must be the owner, or have the permission of the owner, for us to work on your equipment. We will only take instructions for work from the designated owner. If equipment is left with Empirical Computers and is not collected within thirty (30) days after we notify you that the requested service is complete, we will treat your equipment as abandoned and becomes the sole property of Empirical Computers. You agree to hold Empirical Computers harmless for any damage or claim for the abandoned property, which we may discard at our sole discretion. Any and all charges are still your responsibility.
Software Installation
Empirical Computers may need to download and or run software on your personal computer to help diagnose and resolve your personal technology problem. Empirical Computers may need to reinstall software that was included as part of your computer’s original configuration. You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software.
Backup Services & Potential Data Loss
While Empirical Computers will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing Empirical Computers to perform diagnostic, repair, or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives if you so desire. You acknowledge and agree that Empirical Computers and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files. If you do not have a backup of your software and data, we can provide you with our data backup service. However, we cannot guarantee the integrity of the data when backing up due to many circumstances. We always recommend the customer have multiple back ups of their data.
Confidentiality
Empirical Computers agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of Empirical Computers subject to confidentiality agreements or as required by law.
Upgrades
Empirical Computers can supply manufacturer specific upgrades or spare parts on request. Please note however that we cannot guarantee compatibility with your current system or configuration. Empirical Computers will offer suggestions and advice on upgrades but is not liable for any compatibility issues.
Payment Terms
All work must be paid in full for service. If an amount remains delinquent 14 days after its issue date, an additional 5% penalty can be added for each week of delinquency or the maximum permitted by law. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
Limited Liability
Empirical Computers shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will Empirical Computers be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Empirical Computers has been advised of the possibility of damages or loss to persons or property. Empirical Computers liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. The client and Empirical Computers agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Empirical Computers’ option, additional attempts by Empirical Computers to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of Empirical Computers services would be much greater if Empirical Computers undertook more extensive liability. The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Empirical Computers, and assumes any and all known risks of injury and property damage that may result.