Terms of Service

IMPORTANT CUSTOMER INFORMATION FOR ALL SERVICES OFFERED BY SAN DIEGO COMPUTER CONSULTANTS (IN-STORE, ON-SITE, REMOTE) TERMS AND CONDITIONS, REPAIR WARRANTIES, DISCLAIMERS WARRANTY DISCLAIMER)

San Diego Computer Consultants 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 San Diego Computer Consultants   provides.

Computer systems, hardware components, peripheral devices, software and any other tangible component sold by San Diego Computer Consultants, are warranted only by the manufacturer or publisher of such component and are limited to the terms set forth by said manufacturer or publisher. San Diego Computer Consultants is not responsible for obtaining warranty services or performance of warranty terms for any such component.

Services rendered by San Diego Computer Consultants may void manufacturer warranties for a computer system, computer network system, or a related device. San Diego Computer Consultants   does not assume any liability or warranty in the event that the manufacturer warranties are voided. San Diego Computer Consultants   offers no verbal or written warranty, either expressed or implied, regarding the success of services rendered.

NO CONSEQUENTIAL DAMAGE

In no event shall San Diego Computer Consultants, its subsidiaries or affiliates, or it’s respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, ‘San Diego Computer Consultants‘) 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 San Diego Computer Consultants   has been advised of the possibility of any such damages.

Revisions to these terms and conditions: San Diego Computer Consultants may revise these terms and conditions at any time by publishing said revisions on San Diego Computer Consultants web site: sdpcfix.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.

OWNERSHIP

By agreeing to have San Diego Computer Consultants perform services on any computer system, computer network system, or related device, you certify that you are the expressed owner of said computer, computer network system or related device or are an authorized agent for the owner. In the event that you are found not to be the true expressed owner of said computer system, computer network system, or related device, you assume all liability for any claim made as the result of the services rendered by San Diego Computer Consultants on said computer system, computer network system, or related device.

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 that attaches to the Computer System such as Printers, Monitors, Cameras, etc.

Data is defined as any information that 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 San Diego Computer Consultants until the purchaser or purchaser’s agent pays for such goods in full.

IN STORE REPAIRS

Rates and Minimum Charges

Most repair rates start at $80, which includes diagnostics and one hour of repair time. Data recovery is a flat rate fee of $80, while services such as power jack repairs and virus removals are $120.

Apple computer diagnostics and repair start at $99. If you decline repairs for any reason, you will be assessed a diagnostic fee of $80 for PCs/Windows based computers and $99 for Apple computers.

On Site Repairs

Minimum Charge: $90 residential or $120 business.
Charges are billed in thirty minute increments with a one-hour minimum. Mileage charges will apply and are based on standard IRS mileage rates at the time of service.

Diagnostics

Diagnostics are $80 and include 1-hour of diagnostic testing and repair work, when applicable. If it takes longer than 1 hour to diagnose and repair a machine, we will contact you to authorize additional charges for extra time.

Estimates

After diagnosing the problem, San Diego Computer Consultants will notify you with a 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 San Diego Computer Consultants 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, or credit card. Any other arrangements must be made in advance of services being provided.

Payment by check

San Diego Computer Consultants  requires a valid California Driver License with every check. Returned checks will be assessed a twenty-five dollar ($25.00) 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.

San Diego Computer Consultants will notify you by phone that we consider your item abandoned by you and if the item is not picked up and paid for within 15 days of our notification of your receipt of said notice, the item will be recycled by our e-waste recycler. Failure to contact us within the 15 day time frame is your acknowledgement the item is indeed abandoned and you thereby transfer title to San Diego Computer Consultants for disposition.

Abandoning and subsequent e-waste recycling of your item does not relieve you from the amounts due. San Diego Computer Consultants 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 San Diego Computer Consultants, you will be required to remit in full on any previous amounts due plus provide pre-payment for any further services.

Return Policy

Your original receipt or invoice is required.

If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 10 days from the original invoice date, you may exchange the product or receive a refund, except as explained below.

Special order Computer Systems are non-refundable and non-returnable. Monitors, printers, and un-opened computer parts may be returned within 10 days from the original invoice date and are subject to a 25% restocking fee (unless defective).

Any product that is returned without all item(s) included with the original product is non-refundable and non-returnable.

Opened software is non-refundable and non-returnable.

Used items are non-refundable and non-returnable.

Refunds will be made in the form of original payment. Purchases made by cash or check over $250 will be refunded by company check.

Recycling

We offer to our customers free recycling of unwanted or defective Computer Systems, Peripheral devices or hardware components. Hardware items replaced by San Diego Computer Consultants during the course of a repair will also be recycled at no additional charge.

Special Orders

Computer Systems and Peripheral devices: All computer systems and peripheral devices require a deposit equal to the cost of the system or device. Taxes, shipping and service charges are due upon delivery.

Shop Repairs:

If a part is required to facilitate a repair that is not a standard part in San Diego Computer Consultants inventory, the customer will be required to pay a deposit of 100% of the cost of the part before part is ordered. Special order parts are non-refundable.

On-Site Repairs:

If a part is required to facilitate a repair that is not a standard part in San Diego Computer Consultants inventory, customer will be required to pay a deposit of 100% of the cost of the part before part is ordered.

Over the Counter Parts orders: All “Over the counter” parts orders require a deposit of 100% of the cost of the part before part is ordered.

HELPDESK SUPPORT

(a) Services: San Diego Computer Consultants will attempt problem diagnosis and a solution over the telephone for an applicable fee. 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) User Responsibility: You understand and agree that prior to contacting or allowing San Diego Computer Consultants to perform diagnostic repair 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 San Diego Computer Consultants shall not be responsible under any circumstance for any loss or corruption of data and/or software.

ON-SITE SERVICE

(a) Scheduling: Standard service hours are Monday-Saturday, 8 AM – 6 PM. Additional charges will apply for service outside of standard installation hours.

(b) Service Jurisdiction: San Diego Computer Consultants sets the Service Jurisdiction for each community in San Diego. If a location lies beyond San Diego Computer Consultants standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the San Diego Computer Consultants standard Service Jurisdiction, please call 1-619-640-6444 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. IF THE SAN DIEGO COMPUTER CONSULTANTS TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A $80 CANCELLATION CHARGE WILL BE ASSESSED.

(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 SAN DIEGO COMPUTER CONSULTANTS AGENT TO YOUR HOME OR BUSINESS. SAN DIEGO COMPUTER CONSULTANTS 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 San Diego Computer Consultants 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 SAN DIEGO COMPUTER CONSULTANTS 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 AND A $120 CANCELLATION CHARGE WILL BE ASSESSED.

TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES:

LIMITATIONS TO SERVICE: SAN DIEGO COMPUTER CONSULTANTS 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 SAN DIEGO COMPUTER CONSULTANTS AND/OR ITS THIRD PARTY SERVICE PROVIDER.

FORCE MAJEURE: If San Diego Computer Consultants’s and/or its third party service provider’s ability to render services is impaired by you or circumstances beyond the control of San Diego Computer Consultants and/or its third party service provider, San Diego Computer Consultants and/or its third party service provider may choose not to provide services.

LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL SAN DIEGO COMPUTER CONSULTANTS 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 SAN DIEGO COMPUTER CONSULTANTS 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 SAN DIEGO COMPUTER CONSULTANTS 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 SAN DIEGO COMPUTER CONSULTANTS 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.

CHANGES, CANCELLATIONS AND REFUNDS

To change your order you must contact San Diego Computer Consultants Customer Service at 1 619-640-6444

If you are making a cancellation, please give San Diego Computer Consultants at least 4 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling  619-640-6444.

If you are not satisfied with your service: Please call 1 619-640-6444 or email fixmypc (at) sdpcfix.com for resolution. We stand behind our Phone Support services for 3 days. We stand behind our On-Site Service for 30 days. If there is a problem with the service we provided and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost.

IMPORTANT: Due to the unpredictable nature of complex computing systems, business environments (including but not limited to servers, networks or VPN connections) are NOT warranted or covered by this warranty period.

Effective Date: December 1, 2013