TERMS OF SERVICE
IMPORTANT CUSTOMER INFORMATION FOR ALL SERVICES OFFERED BY ByteForce LLC
TERMS AND CONDITIONS, REPAIR WARRANTIES, DISCLAIMERS
WARRANTY DISCLAIMER
ByteForce LLC hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability, fitness for a particular purpose or any other warranty of any kind on any of the products or services which ByteForce LLC provides.
Computer systems, hardware components, peripheral devices, software and any other tangible component sold by ByteForce LLC, are warranted only by the manufacturer or publisher of such component and are limited to the terms set forth by said manufacturer or publisher. ByteForce LLC is not responsible for obtaining warranty services or performance of warranty terms for any such component.
Services rendered by ByteForce LLC may void manufacturer warranties for a computer system, computer network system, or a related device. ByteForce LLC does not assume any liability or warranty in the event that the manufacturer warranties are voided. ByteForce LLC offers no verbal or written warranty, either expressed or implied, regarding the success of services rendered.
NO CONSEQUENTIAL DAMAGE
In no event shall ByteForce LLC , its subsidiaries or affiliates, or it’s respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, ‘ByteForce LLC ‘) be held liable for special, incidental, consequential, punitive, direct, indirect, physical, compensatory, punitive or any other damages, including but not limited to, physical injury, loss of data, loss of use, or loss of profits, however caused, whether for breach of contract, negligence, or otherwise, regardless if ByteForce LLC has been advised of the possibility of any such damages.
Revisions to these terms and conditions. ByteForce LLC may revise these terms and conditions at any time by publishing said revisions on ByteForce LLC ’ web site; thebyteforce.com. All revisions to these terms and conditions are effective for transactions dated after the revisions. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.
DEFINITIONS
Computer system is defined as the CPU enclosure and software (operating system, applications and other installed software).
Hardware is defined as any individual component that is contained within the Computer System such as hard disk drives, main boards, processors, memory modules or any other component contained within the Computer System.
Peripheral device is defined as any hardware item which attaches to the Computer System such as Printers, Monitors, Cameras, etc.
Data is defined as any information which is not part of the operating system, application software or other installed software such as pictures, word processing documents, email, financial data, or any other user created information stored on the computer system.
TITLE TO GOODS
Title to purchased goods is retained by ByteForce LLC until such goods are paid for in full by the purchaser or purchaser’s agent.
SERVICE WARRANTY
ByteForce LLC provides a 30-day warranty for most repairs. This means that if within 30 days of service, a defect arises in the work performed, ByteForce LLC will service your product again at no charge. You may have longer warranty coverage if your product is still covered under its original warranty or an extended service contract. Please review the terms of your warranty, extended service contract, or the Repair Terms and Conditions for details.
DIAGNOSTIC FEE
A diagnostic fee may be assessed for items that are either non-repairable or if a repair is declined for any reason.
IMPORTANT: ByteForce LLC disclaims responsibility for all loss, corruption, or damage to software applications, data, or any information stored in any product given to ByteForce LLC for service. While we have no history of data loss, it is still your obligation to make sure your data is properly backed up before sending in your device for repair.
DIAGNOSTICS
Diagnostics are free with any repair, regardless of how long it takes us to diagnose a computer.
ESTIMATES
After diagnosing the problem ByteForce LLC will notify you with an verbal estimate to repair your system including any diagnostic charges if applicable. Your oral agreement to repair constitutes an Oral contract in which you agree to pay ByteForce LLC for the diagnostics and repair upon completion. Written estimates will be provided upon request.
PAYMENT
Unless prior arrangements are made, payment is due when services are rendered. Payment may be by cash, check, credit card or certified instrument. Any other arrangements must be made in advance of services being provided.
PAYMENT BY CHECK
ByteForce LLC requires a valid Kentucky Driver License with every check. Returned checks will be assessed a thirty-five dollar ($35.00) return fee.
ABANDONED ITEMS
Unless prior arrangements are made, any item left for repair that is not picked up and paid for within 60 days of completion of said repair will be considered as abandoned. Abandoning and subsequent e-waste recycling of your item does not relieve you from the amounts due. ByteForce LLC reserves the right to pursue collections and by failing to respond you agree to be liable for any and all costs incurred in such collections. Prior to any further transactions with ByteForce LLC, you will be required to remit in full on any previous amounts due plus provide pre-payment for any further services.
ON-SITE SERVICE
(a) Scheduling: Standard service hours are Monday-Friday, 9 AM – 5 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.
(b) Service Jurisdiction: ByteForce LLC sets the Service Jurisdiction for each community in Kentucky. If a location lies beyond ByteForce LLC’s standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the ByteForce LLC standard Service Jurisdiction , please call 1-270-793-8400 for information pertaining to applicable trip charges.
(c) 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.
(d) BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER’S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE ByteForce LLC AGENT TO YOUR HOME OR BUSINESS. ByteForce LLC 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.
(e) Access: The ByteForce LLC Technician must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF THE ByteForce LLC AGENT 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, THEN SERVICES MAY BE DENIED.
TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES:
LIMITATIONS TO SERVICE: ByteForce LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CUSTOMER’S PAYMENT, WHOLLY OR IN PART, 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 ByteForce LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER.
FORCE MAJEURE: If ByteForce LLC’s and/or its third party service provider’s ability to render services is impaired by you or circumstances beyond the control of ByteForce LLC and/or its third party service provider, ByteForce LLC and/or its third party service provider may choose not to provide services.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL ByteForce LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY ByteForce LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.
RELEASE OF LIABILITY: BY ORDERING SERVICE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS ByteForce LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE 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 ByteForce LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER’S AGENTS, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.