BRINGING YOUR TECH TO LIFE
TERMS AND CONDITIONS
This agreement of Terms and Conditions of Service sets Bringing Your Tech to Life's expectations, responsibilities and liabilities of service.
Bringing Your Tech to Life may change this agreement from time to time by updating this page. Our customers should check this page every time you are requesting our services to ensure that you agree with any changes. If you have any questions regarding our Terms and Conditions of Service, please Contact Us.
This policy is effective as of April 2006, 2014 and was last updated on January 20202
Acceptance of Service
By accepting service from Bringing Your Tech to Life you are acknowledging that you have read and understand these terms and conditions and agree to all the terms below. YOU AGREE TO THESE SERVICE TERMS AND ALL APPLICABLE SERVICE FEES.
Bringing Your Tech to Life will attempt to diagnose and repair your computer on-site, in-shop or remotely for an applicable fee. Sometimes a successful repair is not possible due to problems with your computer or its configuration. In these situations, we may be unable to complete the necessary services or resolve the problem to complete the repair of your computer and/or digital technology. In these cases, Bringing Your Tech to Life is not liable for incomplete repairs and applicable services fees will remain due to Bringing Your Tech to Life. If a Diagnostic has been completed on your device at our shop and we are not able to repair the issue the quoted Repair Labor Fee is waived and only the Diagnostic Fee is applicable.
Bringing Your Tech to Life charges all ON-SITE services a TRAVEL FEE based upon total round trip mileage from Bringing Your Tech to Life’s Office to Customer Location at a rate of $0.75 per mile. This fee is assessed for On-Site Services as well as Pickup and Delivery Services.
Residential — For all residential services, Bringing Your Tech to Life charges an HOURLY RATE of $35 per hour billed in quarter hour increments with a 1 HOUR MINIMUM charge for all ON-SITE services and NO MINIMUM charge for REMOTE diagnostic and repair services.
Commercial — For all business, government, and educational services, Bringing Your Tech to Life charges an HOURLY RATE of $55 per hour billed in quarter hour increments with a 1 HOUR MINIMUM charge for all ON-SITE services and NO MINIMUM charge for REMOTE diagnostic and repair services.
Once service is complete, PAYMENT IN FULL is due for the actual costs incurred and the final sum owed for all service fees, labor charges, parts, peripherals, devices, accessories, materials, shipping charges and sales tax.
Payment can be made to Bringing Your Tech to Life or directly to our on-site technician using one of the following payment methods:
Make checks payable to Bringing Your Tech to Life and mail payment to 1260 Ralph Boyles Rd. King, NC 27021. Customer agrees to be responsible for reimbursing Bringing Your Tech to Life monetarily for any and all bank fees and service charges it incurs for returned checks due to Customer’s insufficient funds (NSF) or stopped payments.
In some cases, we can email you an invoice for services provided via PayPal. A PayPal account is NOT required if paying with a Major Credit Card or Electronic Funds Transfer (EFT). Simply click the Pay Now button in the email, enter your payment information and submit your payment. Of course, if you have a PayPal account, you will have the option to log in and pay the invoice with funds currently in your account. Either way, paying your invoice online with PayPal is FAST, EASY, SAFE, and SECURE. All invoices are DUE ON RECEIPT. Bringing Your Tech to Life does not offer NET TERMS payment options at this time.
If you have not claimed your product and not paid all charges due within thirty (30) days after being notified by Bringing Your Tech to Life that your product has been repaired, Bringing Your Tech to Life will consider your product abandoned. Bringing Your Tech to Life will provide such notice to you at the mailing address you furnished when you authorized the repairs. Bringing Your Tech to Life may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Bringing Your Tech to Life reserves its statutory and any other lawful liens for unpaid charges.
If Bringing Your Tech to Life repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law. If your product is repaired outside of warranty, Bringing Your Tech to Life warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by Bringing Your Tech to Life. The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part's warranty period, at its option, Bringing Your Tech to Life will (1) repair the part, using new, used or reconditioned replacement parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part, as determined by Bringing Your Tech to Life.
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 the repair parts. Bringing Your Tech to Life specifically disclaims any and all implied warranties with respect to such parts, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Bringing Your Tech to Life 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.
Refunds for defective parts and devices installed by Bringing Your Tech to Life for repair or installation services is explained in the Warranty section above. Labor charges for any services of Bringing Your Tech to Life are NON-REFUNDABLE. Additional labor fees will be charged to the customer for replacing defective parts and devices reported after the expiration of our 90-day Limited Warranty from the initial day of service. Shipping and handling fees for parts, equipment and materials specially ordered for a customer for a repair or installation are also NON-REFUNDABLE and will be deducted from the customer's final refund.
Limitation of Liability of Loss or Damage
If any product should be damaged or lost while in Bringing Your Tech to Life's custody, Bringing Your Tech to Life's liability will be limited to the cost of repair or replacement of the affected product. Subject to the previous sentence, Bringing Your Tech to Life's entire liability for your damages from any cause whatsoever with respect to the repair of your product, whether due to Bringing Your Tech to Life's negligence or to any other reason, is limited to the amounts that you pay for repair services. Bringing Your Tech to Life has no liability whatsoever for indirect, special, exemplary, or consequential damages, such as lost profits or revenue. Bringing Your Tech to Life also has no liability for loss of or damage to data or software applications. Your only remedy under this repair agreement is to seek recovery of damages against Bringing Your Tech to Life in an amount not to exceed what you have paid for repair services.
A remote support connection allows Bringing Your Tech to Life technicians to share control of the customer's PC in an attempt to resolve many types of computer issues as an alternative to an onsite visit. By requesting and accepting a remote session from a Bringing Your Tech to Life representative to remotely assist the customer with a technical related issue, the customer accepts responsibility for any changes made to the computer's content or system settings. Bringing Your Tech to Life does not assume and is not responsible for any liability for the linking and viewing of any content, the operation of the remote support software or system performance.
Bringing Your Tech to Life recommends for the customer's security and privacy that they exit any open applications that is displaying content such as personal or confidential information before initiating a remote support session with a Bringing Your Tech to Life representative. Bringing Your Tech to Life further recommends that the customer remain seated at the computer's desktop throughout the entire remote session.
Customer's data is important to us; however, it is the responsibility of the customer to ensure that they backup their data on a regular basis. Bringing Your Tech to Life will not be held responsible for any data loss if any occurred during or after a remote session. If no data backup exists, please contact us for assistance with setting up a backup procedure.
IN NO EVENT SHALL BRINGING YOUR TECH TO LIFE BE LIABLE FOR (1) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES.
Legal software licensing is the sole responsibility of the computer system and software owner. The customer is responsible for providing all LEGALLY owned and licensed software including operating systems. This can be software or the operating system that came with the computer when it was purchased or purchased separately. If the customer is unable to provide Bringing Your Tech to Life technicians with software licenses, authentic installation discs, product keys and installation codes, the customer will be obligated to purchase legally licensed software to complete a repair or upgrade. Bringing Your Tech to Life CANNOT install any software program or operating system that the customer does not legally own. For full details on software licensing please read the Software Licensing Agreement that came with the software or on the software manufacturer's website.
Installation and Data Transfer
If repair service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize Bringing Your Tech to Life to transfer the information and accept such terms on your behalf in performing the service.
Data Back Up
Bringing Your Tech to Life strongly recommends that the customer safeguard critical data by backing up said data prior to any services performed by Bringing Your Tech to Life. Even if specifically requested and provided as a paid service by Bringing Your Tech to Life, the customer is responsible for any backup, archiving, or protective storage as well as restoration if required, of their data.
Data Recovery Services
Bringing Your Tech to Life agrees, on its own behalf and on behalf of any agents it utilizes to perform Bringing Your Tech to Life's responsibilities under this Agreement, that the materials and information which Customer provides to Bringing Your Tech to Life or to which Bringing Your Tech to Life gains access in the course of performing its responsibilities hereunder including, but not limited to, materials and information relating to software, hardware, technical and systems profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses and other identifiers of individuals and business entities, financial information, insurance, and other know-how or information relating to Customer (collectively "Customer Information"), as between the Parties, are the property of Customer, and shall be used and viewed by Bringing Your Tech to Life only within the scope of its rights and responsibilities under this Agreement, and shall not be otherwise disclosed to third parties by Bringing Your Tech to Life or any of its agents without Customer's prior written approval.
The confidentiality obligations set forth in this Section shall not apply to information and materials: (1) that are or subsequently become publicly available without Bringing Your Tech to Life's breach of any duties it owes to Customer or the breach of any confidentiality obligations of any of Bringing Your Tech to Life's agents or affiliates which are owed to Customer; (2) was known to Bringing Your Tech to Life prior to Customer's disclosure to Bringing Your Tech to Life, other than any information or materials obtained from any of Bringing Your Tech to Life's agents or affiliates which are either subject to confidentiality obligations in favor of Customer from such agents or affiliates of Bringing Your Tech to Life or fail to fall with the exception categories (1), (2), (3), (4), or (5) described herein; (3) become known to Bringing Your Tech to Life from a source other than Customer, other than by the breach of an obligation of confidentiality owed to Customer; (4) is independently developed by Bringing Your Tech to Life without reference to or use of Customer Information; or (5) when client information is found to contain illegal data such as child pornography or information that is detrimental to national security.
Bringing Your Tech to Life agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose.
Bringing Your Tech to Life agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information. Such measures shall include, but not be limited to, requiring employees who will have access to such information to agree to the confidentiality requirements of this Section. Parties acknowledge and agree that it may be necessary for Customer to share Customer Information with Bringing Your Tech to Life in order for Bringing Your Tech to Life to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, Bringing Your Tech to Life agrees to the following:
To hold in strict confidence Customer Information obtained from Customer during this Agreement. Not to disclose Customer Information, in any form or medium, to any affiliated or non-affiliated person, firm or corporation except as necessary to perform services under this Agreement or as may be required by law. To the extent that Bringing Your Tech to Life contracts with a third party that obtains Customer Information in order to provide services under this Agreement, Bringing Your Tech to Life agrees to obtain contractual confidentiality protections to require the third party to hold Customer Information in strict confidence and not disclose it to any person unless required by law. Bringing Your Tech to Life agrees to return all Customer Information to Customer either upon request or termination of this Agreement. Bringing Your Tech to Life agrees to comply with applicable privacy laws and regulations including, but not limited to, the Gramm-Leach-Bliley Act, Public Law 106-102 (1999) as set forth in 15 U.S.C.A.?? 6801, as amended to comply with applicable changes in such laws and regulations as these occur and become effective.
Terms and Conditions
These terms constitute the entire agreement ("Agreement") between the purchaser of the services described herein ("Customer") and Bringing Your Tech to Life ("Bringing Your Tech to Life"). By engaging Bringing Your Tech to Life to provide the services, Customer agrees to this Agreement.
Customer engages Bringing Your Tech to Life and/or its partners or subcontractors to inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.
Bringing Your Tech to Life states and affirms to Customer that it is an independent contractor. It shall have the direction and control of its employees in the provision of services to Customer. Nothing contained in this Agreement shall be construed so as to create a partnership between the Parties or to authorize either Party to act as a general agent of the other Party. Neither Party shall have any authority to make contracts, commitments, statements or representations on behalf of the other Party, except as set forth in this Agreement.
Customer agrees to pay Bringing Your Tech to Life all sums authorized from time to time by Customer, which will typically include charges for Bringing Your Tech to Life services, shipping and insurance (both ways), and actual expenses, if any, for part, media and/or off the shelf software used in the services. Unless otherwise agreed to in advance by Bringing Your Tech to Life, all such sums are due and payable in advance, by company check, bank money order, or credit card.
Limitation of Liability
Customer acknowledges that the equipment/data/media may be damaged prior to Bringing Your Tech to Life's receipt, and Customer further acknowledges that the efforts of Bringing Your Tech to Life to complete the services may result in the destruction of or further damage to the equipment/data/media. Bringing Your Tech to Life regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during Bringing Your Tech to Life's efforts to complete the services.
In no event will Bringing Your Tech to Life be liable for any indirect damages whatsoever. Bringing Your Tech to Life will not be held liable for any damages due to any virus, worm, Trojan horse, etc. Similarly,
Bringing Your Tech to Life guarantees that our data recovery work will not void manufacturer warranties. Our warranty seals are accepted by every major storage manufacturer. If for any reason they are not accepted, Bringing Your Tech to Life will compensate the customer for the replacement cost of the storage device, up to a maximum of $100. Proof of warranty rejection is required in order to be eligible for replacement compensation.
Access to Equipment and Data
You grant Bringing Your Tech to Life access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate your computer software, applications, data, and data storage media including, but not limited to, the products operating system, word processing, spreadsheets, databases, work flow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your product.
Termination of Service
Bringing Your Tech to Life reserves the right to refuse service to any customer for any reason at any time. Likewise, the customer has the right to terminate the service of Bringing Your Tech to Life at any time, however, all services fees, labor charges and cost of parts must be paid in full to Bringing Your Tech to Life before any customer owned property and equipment is returned to the customer. Bringing Your Tech to Life also reserves the right to remove any parts, equipment or materials installed by Bringing Your Tech to Life if such Termination of Service is invoked by the customer if such parts, equipment, materials, service fees, and labor charges are not immediately paid for at the time of the Termination of Service.
Cancellation of Service Agreements
Cancellation of commercial Service Agreements must be submitted to Bringing Your Tech to Life 30 DAYS in advance in writing on company letterhead signed by an authorized decision maker (i.e. Owner, Administrator, Manager) appointed by the commercial customer. All service fees are still due to Bringing Your Tech to Life through the date of cancellation plus the 30-day cancellation period. Non-payment of invoices for services rendered does not constitute valid cancellation of service and all service fees are still due to Bringing Your Tech to Life for the entire time period that services were provided by Bringing Your Tech to Life. Services will continue to be provided by Bringing Your Tech to Life until a written cancellation of services is received. Bringing Your Tech to Life recommends a letter of cancellation be sent via USPS First Class Certified Mail with Return Receipt. If the customer has any questions regarding a received invoice, immediately contact the Bringing Your Tech to Life.