1. Services Provided. Adams agrees to provide support services as requested by customers for computer and software related issues including (1) evaluation of and attempts to correct software and operating systems problems, (2) software and peripheral configuration and troubleshooting, and (3) virus/spyware.
2. Installation of Software. Adams may install software on customer’s computer(s) for purposes of monitoring and servicing customer computers. This software will monitor customer’s computers for anti-virus protection, provide technicians with remote access to customer’s computers for remote support purposes, and monitor and notify Adams technicians in the event any problems are detected. Other software programs may also be installed as deemed appropriate for the troubleshooting or problem resolution.
3. Access to Computer. In order to receive Adams technical support services, Adams must have (a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and (b) completed a back-up of any data, software, information or other files stored in client’s computer disks and/or drives that may be impacted. Customer grants Adams and its technicians permission to view, access, and modify computers (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform support services.
Adams is authorized to have access to customer’s computer and network. Customer authorizes Adams to access computer and networks remotely, upon acceptance of a technician’s request to connect to the PC for that work session.
4. Limitation of Services. Customer understands and agrees that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that Adams technicians may not have the ability to obtain the information necessary to resolve a technical problem. The services provided are for problem-specific troubleshooting and problem resolution, and exclude training on hardware or software use, warranty repairs, or product replacement. Customer acknowledges that Adams does not support all software, hardware, or Internet-related products, applications or features and reserves the right to defer support issues to customer’s equipment or software vendor.
5. Limitation of Liability. Customer indemnifies and holds harmless Adams, its affiliates, officers, directors, employees and agents, for any loss or damages from (a) corruption or alteration of data, software or files; (b) for damages to computer hardware or software, (c) loss of data, or (d) disposition of abandoned property resulting from Adams support services. Customer is solely responsible for any and all restoration and reconstruction of lost or altered files, data, or programs.
6. Confidential and Proprietary Information. Customer acknowledges that in order to provide support services, Adams technicians will necessarily be privy to and have access to sensitive customer data files and other sensitive information. Adams agrees to take all reasonable measures to keep all files, customer information, passwords, and any other proprietary customer data secure and confidential. Customer is responsible for ensuring that any information or data disclosed to Adams technicians is not confidential or proprietary to customer or any third party.
7. Limited Warranties. Adams warrants that it will make reasonable efforts to perform technical support services in a professional manner. To the extent permitted by law, Adams expressly disclaims all other warranties of any kind arising from or relating to support services, these terms and conditions, any recommendation of support technicians, or any product, service, information or other material obtained via the support services, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Adams makes no warranty that (1) the information obtained via the support services will be accurate or reliable, or (2) the quality of any products, services, information or other material purchased or obtained by customer through the support services or website will meet the customer’s expectation.
ALL CLAIMS FOR LIABILITY AND/OR LOSS INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY OCCUR AS A RESULT OF ANY ADAMS ACTION (OR INACTION) ARE HEREBY EXPRESSLY WAIVED BY CUSTOMER.
8. Payment.
Customer agrees to be billed for service, whether service is successful or not, and that charges will be paid within 30 days of billing. Customer acknowledges that there is a $25.00 fee for any returned checks.
9. General Terms and Conditions.
A. Impact of Upgrades: Customer is responsible for understanding the impact of upgrades to the operating system, applications and utility software. Such upgrades can lead to incompatibilities and the possible loss of data. Computer hardware and software work together and incompatibility may not become apparent until a later date. Customer is responsible for contacting the manufacturer of their software and/or hardware regarding compatibility issues before requesting any upgrades.
B. Estimated Completion Time: Most repairs take 1-4 business days to complete, but turnaround may vary if parts must be ordered.
C. Hardware Replacement: Repair replacement parts may be new, used, and/or refurbished.
D. Risk of Damage: Any time a computer is accessed, there is a risk of damage including, but not limited to, permanent loss or data or programs, and total loss of function of the computer. This risk is increased when the computer has been infected with viruses, worms, or other malicious software. Certain repairs, including but not limited to virus and spyware removal, may damage software and/or data installed on the computer. This is to be expected and may require the reinstallation of the operating system, programs, and data at an additional cost.
E. Loss of Data: Data is the most important part of a computer system because it is often irreplaceable. Due to the process of repair, data may get damaged or at worst, deleted. Adams is not responsible for the loss of any data which may occur while performing work on the computer.
F. Data Recovery: If data recovery service is requested, even if the data is successfully recovered, there is a possibility that individual files and directories on the disk may still be inaccessible due to wear and tear of damaged, malfunctioning, and/or old media.
G. Abandonment: If customer does not pick up its equipment within sixty (60) days after notification that the requested service is complete or non-repairable, Adams will treat the equipment as abandoned and dispose of the equipment.