1- By Accepting service - from TECHIE TECHNOLOGY you are acknowledging that you have read and understand these terms and conditions and agree to all these terms below. YOU AGREE TO THESE REPAIR TERMS AND ALL APPLICABLE SERVICE AND DIAGNOTIC FEES.
• You have requested service from TECHIE TECHNOLOGY, hereafter referred to as “TT” will diagnose and service your computer.
2- Services and Diagnostic Fee - TT will attempt to determine, diagnose and repair your computer for an applicable fee of $85. 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 TT is not liable for incomplete repairs and applicable services and diagnostic fees will remain due to TT.
3- Payment - Once service is complete, payment in full 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, TT will notify you of same and you may take or send the hardware to a repair station of your choice or to TT, for service on the hardware; diagnostic fees still apply as explained in Paragraph 2. No adequate estimate of that expense can be determined without actually testing the hardware.
4- Transfer or Installation Services - Unless otherwise agreed, TT is not liable for and you agree to hold TT 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 TT’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 TT to transfer the information and accept such terms on your behalf in performing the service.
5- Warranty - In servicing your computer, TT warrants that service will be performed in a professional and timely manner. All services with the exception of virus removal, spyware, adware or malware are warranted for a period of 30 days “at the discretion of TT” upon
• THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, for an applicable fee as described in Paragraph 2 below.WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY TT. TT 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 TT 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.
6- Limitation of Liability - IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, TT HAS NO LIABILITYFOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. TT'S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO TT’s ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY TT FOR SUCH SERVICE. TT 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. TT 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 TT IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID TT FOR THE SERVICE.
7- Data Protection - You agree and understand that it is your (the customer's) responsibility to maintain copies of ALL data on your computer, and to obtain such copies prior to authorizing TT to commence its services for you.
8- Disputes - This agreement shall be construed under the laws of the State of Georgia. 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 Jackson County, Georgia. 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 Georgia. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bind hereto.