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Terms and Conditions LAST UPDATED: July 7, 2008 REMOTE SERVICES (a) General Services: MouseCalls® will attempt to diagnose your technology problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a technology solution over the telephone or via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control. (b) Remote Support Services: Remote support services may be offered to you over the telephone or via the Internet if your PC was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows XP, Mac OS X 10.4, or newer. If you elect to receive remote support, then MouseCalls® remotely logs on through your high-speed Internet connection to view your computer desktop from the MouseCalls® Help Desk Headquarters. MouseCalls® stays in contact with you to keep you fully briefed on every step of the process as your technology problem is resolved. Remote support may involve the installation of software on your computer that will allow MouseCalls® to provide the remote support services. By electing to receive remote support, you agree to allow MouseCalls® to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there may be resident software left behind that allows you to initiate another connection. (c) Software Demand Services: Software demand services may be offered to you by MouseCalls®. If you elect to receive software demand services, you are electing to purchase software downloads. In such event, MouseCalls® will transfer you to a third party who will provide you with information about the software and who will collect your payment information. MouseCalls® transfers you, at your request, to the third party for your convenience; however, MouseCalls® does not warrant or make any representation about the services or software provided by the third party. Ask about the third party’s privacy policy as it is different from the privacy policy that applies to MouseCalls®’s collection and use of your personal information. Also ask about the service and software warranty applicable to the software download you receive from the third party as that warranty differs from MouseCalls®’s service warranty. (d) Your Responsibility: You understand and agree that prior to contacting or allowing MouseCalls® 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. You acknowledge and agree that MouseCalls® shall not be responsible under any circumstance for any loss or corruption of data and/or software. SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: MOUSECALLS® RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY MOUSECALLS®. (b) FORCE MAJEURE: If MouseCalls®'s ability to render remote services is impaired by you or circumstances beyond the control of MouseCalls®, MouseCalls® may choose not to provide or to discontinue remote services. (c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that MouseCalls®’s total liability for damages related to its remote services is limited to the total amount you pay for the remote services, and you release MouseCalls® from liability for any indirect, incidental, special, or consequential damages. MOUSECALLS® IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT. SERVICE WARRANTY
If you are not satisfied with remote services received from MouseCalls®, please call 615.662.0235 or 888.MOUSE96 for resolution. We warrant our remote services for 5 days following the date you received remote service; however, for repairs necessitated by a virus or spyware, the service warranty is valid only if the anti-virus and anti-spyware protection for your product is installed or updated during the repair or promptly thereafter (i.e., before you connect again to the Internet). If there is a problem with the service provided by MouseCalls® and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost. PRIVACY POLICY
For information about the collection and use of your information, please refer to MouseCalls®’s Privacy Policy, which is available at www.mousecallsonline.com or by contacting MouseCalls® at 615.662.0235 or 888.MOUSE96. IN-HOME COMPUTER SERVICE
SCHEDULING
Standard service hours are Monday — Friday 9 A.M. to 7 P.M., Saturday 10 A.M. to 5 P.M. Additional charges may apply for rapid response or service outside of standard hours.
SERVICE JURISDICTION
MouseCalls® sets the Service Jurisdiction for each city and store. If a location lies beyond MouseCalls®'s standard Service Jurisdiction, additional travel charges may apply. To determine if your location is within a MouseCalls® standard Service Jurisdiction, inquire at a MouseCalls Outpost, call MouseCalls Help Desk HQ at 615.662.0235 or 888.MOUSE96, or e-mail
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for information and applicable travel charges. INSTALLATION AUTHORIZATION
For on-site services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present when the MouseCalls® agent arrives, services will be denied and a $129 cancellation charge will be assessed. RESPONSIBILITY
It is your responsibility to back up all software and data on your computer's hard drive(s) and/or any other storage devices before the MouseCalls® agent arrives. MouseCalls® 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. MINIMUM SYSTEM REQUIREMENTS
(wireless home networking only) - At least 100MB free hard disk space and 256 MB RAM on each computer
- Operating system and/or ISP passwords must be available
- Microsoft Windows XP, Mac OS X 10.3.9 operating system or later
- Operating system discs and key codes must be available
- All computers and/or peripherals must be in good working order and spyware free
- Broadband services, if any, must be installed and operational before service, including modem connections.
ACCESS
The MouseCalls® Technician must have 1) access to your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment, work space, and 4) electrical power free of storms or other natural hazards. If the MouseCalls® Technician determines that these conditions have not been met, services will be denied and a cancellation charge assessed. REMOTE SUPPORT AND IN-HOME SERVICE TERMS
SERVICE LIMITATIONS
MouseCalls® and/or its third-party service providers reserve the right to refrain from providing any or all services ordered and refund the client's payment, wholly or in part, if minimum system requirements are not met or if technical conditions (such as wiring difficulties or physical barriers) or client requirements are unusual, extensive, or beyond the scope of this service agreement as reasonably determined by MouseCalls® and/or its third-party service provider.
FORCE MAJEURE
If MouseCalls® and/or its third-party service provider's ability to render services is impaired by circumstances beyond the control of MouseCalls® and/or its third-party service provider, MouseCalls® and/or its third-party service provider may choose not to provide services. LIMITATION OF REMEDY
Under no circumstances shall MouseCalls 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 MouseCalls® and/or its third-party service provider or out of the installation, de-installation, use of, or inability to use your computer equipment, hardware, peripherals, or the network as a result of the services provided hereunder. MouseCalls® shall not be liable for any failure or delay in performance due to any cause beyond its control. If MouseCalls®’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of MouseCalls®, MouseCalls® may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, MouseCalls® shall not be responsible for repairing any damage or changes made to your residence. LIMITATION OF LIABILITY & RELEASE
By signing the form on the opposite side of this page, you agree to release and hold harmless MouseCalls and its technicians from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by MouseCalls®. This includes but is not limited to data loss or lack of function in any component or element of your computer system and/or peripherals, any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.) as a result of MouseCalls® 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. Some states do not allow limitations or release of certain damages or liability, so the above limitation of liability and release may not apply to you. CHANGES, CANCELLATIONS AND REFUNDS
To change your order: You must contact MouseCalls® at 615.662.0235 or 888-MOUSE96. E-mailed changes are not accepted. To cancel your order: You must contact MouseCalls® 615.662.0235 or 888-MOUSE96. E-mailed cancellations are are not accepted. If you are not satisfied with your service: Call 615.662.0235 or 888.MOUSE96 for resolution. We stand behind our remote services for 5 days. We stand behind our In-Home Service for 30 days. If there is a problem with the service we provided and you notify us within the allotted time period, we will work to remedy the problem quickly and at no additional cost. LEGAL NOTICE
MouseCalls® refers to a line of technology services provided by MouseCalls Computer Services Inc., its technicians, Outposts, and Help Desk Headquarters. HELP DESK HEADQUARTERS AND MOUSECALLS OUTPOST REPAIRS In bringing my personal computer for maintenance or repair to MouseCalls Help Desk Headquarters or MouseCalls Outpost, I understand and agree to the following: * MouseCalls does not accept responsibility for any damage to my computer's hardware or peripheral devices.
* MouseCalls does not accept responsibility for backing up any data or installed software applications that may be on my computer's hard drive. I am responsible for making sure that any critical data is backed up before bringing my computer to MouseCalls and for providing copies of any licensed software if necessary.
* I understand that when I bring in my system for repair and/or work that I will be charged a minimum diagnostic fee. This fee will be waived if MouseCalls proceeds with work after our diagnosis. Any further work needed will be quoted.
* When I pick up my computer, I will make sure that I also pick up all peripheral devices and media, and I will not hold MouseCalls responsible for the subsequent loss of any items that I may leave behind.
* MouseCalls technicians will work on my computer to the best of their abilities; however MouseCalls does not guarantee that its technicians will be able to solve the problem or problems that my computer is experiencing. • The Client requests and authorizes MouseCalls® Inc. and any employee, subcontractor or consultant of MouseCalls® Inc. to examine, modify and attempt to repair any and all problems found with the computer system, data storage device, ALL files, and any peripherals left by The Client on the premises of the Client. The Client understand a diagnostic fee will apply if The Client declines to purchase replacement parts required to complete the repair.
• The Client agrees NOT to hold MouseCalls. or any employee, subcontractor or consultant of MouseCalls® Inc. responsible in any way for the failure or functionality of any and all hardware or software associated with the Clients computer, peripherals or data storage device, including any failure that occurs while attempting repair. The Client accepts ALL RISK associated with any repair or attempted repair or any other action by MouseCalls® Inc. and its associated employees and subcontractors on any and all of The Clients computers connected or unconnected by networks.
• The Client am aware of the importance of backing up my data and software. The Client agrees NOT to hold MouseCalls® Inc. or any employee, subcontractor or consultant of MouseCalls® Inc. responsible in any way for the loss or corruption or consequences of the failure to recover any data or software residing on The Clients computer system or data storage device.
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• The Client understands that the estimated time quoted to complete my service depends on many factors and is a GOOD FAITH ESTIMATE ONLY. The Client understands it is possible this time could significantly increase depending on what problems are discovered during service. MouseCalls will notify client in the case it is determined a significant (10%) or greater cost increase will be required to repair the computer. • The Client understands that estimated turn around times for service do NOT include: o The day the system is dropped off (unless dropped off before 10am.)
o Sundays or Holidays.
o Time spent waiting for special order parts.
o Circuit board or other contracted repairs including Data Recovery • I understand The Client is welcome and encouraged to contact MouseCalls during regular business hours to check on the status of my service, but that The Client may or may not be contacted by MouseCalls® until my input is needed or service is complete. MouseCalls technicians do provide detailed notations as they work, which are emailed to the client during the work process.
• The Client understands items left at any MouseCalls locations longer than 30 days from the date of completion of repair may be sold without the clients consent. Much of the time spent repairing a computer is in diagnosing the problem. The actual repair could take as little as 5 minutes, but figuring out and isolating problems; especially multiple connected or unconnected issues, intermittent problems or some difficult troubleshooting can take hours or sometimes days, depending on the tools and software / diagnostics that are needed to run. Some repairs take much time; as in defragging a hard drive or running a scan disk or virus / spyware elimination.
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