LEGAL STUFF WE HAVE TO SAY... AND YOU HAVE TO READ
IN PLAIN ENGLISH
It is your responsibility to read the legal version that follows on this page, according to the lawyers. But to put it in plain English, here is what we are saying:
- Please don't try to sue us for anything.
- Don't steal anything from our site and pawn it off as your own.
- We try to make sure everything is accurate, but we are human and make mistakes.
- Some of what gets posted on the site are opinions, and you or others might not agree.
- We won’t sell or publish your name or personal information, but if you post something to a public forum, then it's public (duh).
- Don't try to hack us or impersonate us or we could come after you.
- If we service your computer, things can go wrong and sometimes equipment chooses just that moment to die in our arms instead of yours. We feel bad enough when that happens; please don't make it worse by trying to blame us. We are honest people, so if it really was our fault we'll fess up and fix it at no cost to you.
- We'll try to do the best we can to fix your problem, but sometimes we just can't figure it out, or we'll tell you it isn't worth the money to fix it because it's cheaper to buy a new one.
- If we come out for an on-site visit and you aren't there, or you don't have all of the necessary equipment or software or environment setup that's needed, we'll still have to charge you for the visit. It still took us time that could have been spent with another customer.
- If we take your computer to work on off-site, we'll try to get it back to you as soon as we can, but we can't make promises, especially if we have to wait for parts.
- If you are unhappy, let us know before you call your lawyer. We didn't intentionally do anything wrong and we'll try to work to make it right.
- If we fix (or thought we fixed) your problem and the problem comes back right away, let us know and we'll try to make it right at no additional charge, but if it came back because of something you did (or didn't do that you should have) or it's months later, we'll have to charge you to fix it again.
- We sometimes don't do our billing promptly, so if you wait until you get the bill and then complain that it isn't fixed, you still have to pay the bill! You have to let us know immediately if there is a problem if you want us to fix it without extra charges, regardless of whether or not you have been billed yet for that work.
- If you don't pay your bill in a reasonable timeframe, we reserve the right to charge late fees, as indicated on the invoice. We don't like to do this, so if you can't pay it all at once, talk to us and we'll work something out. We just want to know you aren't trying to stiff us.
- If your hardware dies after we install or service it, unrelated to what we did, we feel your pain, but you still must pay any outstanding bills for it.
- We aren't in the hardware business and we don't carry an inventory. So if we do provide hardware (or software) as a courtesy and convenience for you, we buy it retail specifically for you, you reimburse us exactly what we paid for it, and we don't provide any of our own guarantees or warranties. You have the manufacturer's warranty, just as if you bought it yourself. And remember that these are out-of-pocket expenses for us, so be courteous and pay promptly so we can pay our credit card bills.
- We don't want the software police after us, so we won't install anything that isn't legit on your computer.
- We are good, honest, hard-working folks and we'll never try to take advantage of you.
- We may waive any of these rules on a case by case basis as we choose, but waiving it in one instance doesn't imply we won't enforce it in the future.
- Please don't try to sue us (we really don't have much to come after anyway).
- If you agree with all of this, then feel free to use our site and our services, otherwise you'll have to go somewhere else.
- But this summation isn't the legal version, so you still have to read the stuff below, okay?
Here begins the lawyer-speak...
This site is owned by Geekz, Incorporated. The terms “Geekz,” “we,” “us,” and “our” refer to Geekz, Inc., its employees, its subcontractors, or any third party providing content or services on behalf of Geekz, Inc. The terms “you,” “your,” and “yours” refer to the user or customer utilizing this website or the services provided by Geekz, Inc.
By using this site you agree to be legally bound by the terms & conditions set forth below. Geekz reserves the right to changes these terms & conditions at any time. Please review these terms & conditions carefully each time you visit this site, as they may have changed since your last visit. If you do not agree with any of these terms & conditions, then do not use this site.
By using this web site, you agree to indemnify Geekz for any and all claims, damages, losses, liabilities, and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these terms & conditions (including without limitation, claims made by third parties for infringement of intellectual property rights).
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Unless otherwise noted, all content on this site, including text, graphics, photographs, logos, icons, data, documents, and any other material is copyrighted © by Geekz, Inc. ALL RIGHTS RESERVED. GeekzSM, The Computer NOT-Working SpecialistsSM, and all custom logos, graphics, and icons are service marks and/or trademarks of Geekz, Inc. All other logos, trademarks, and service marks on this site are the property of their respective owners.
You may use content from this site for noncommercial, personal use, provided you also retain all copyright, trademark, service mark, and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or repost the material online or reproduce it for public use in any other media. Copying, modifying, publishing, transmitting, distributing, selling, reusing, reposting, or using any of the contents of this site for public or commercial purposes without prior express written permission is strictly prohibited.
This web site is provided by Geekz on as “as is” and “as available” basis. Geekz makes no representations or warranties of any kind, express or implied, as to the operation of the site, the quality, accuracy, completeness or validity of any materials on this site, or the information, content, or materials included on the site, or whether the functions contained on the site will be uninterrupted or error free. You expressly agree that your use of the site is at your own risk.
This site may also contain facts, views, opinions, statements, and recommendations of individuals and organizations. Geekz does not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the site. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your own risk.
Geekz is not responsible or liable for any special, incidental, consequential, punitive, or other indirect damages that result from the use of, or inability to use, the site or the information contained on the site, regardless if you have been advised of the possibility of such damages or for any claim against you by any other party.
Use of the Geekz web site for unlawful purposes, including, but not limited to, tampering with the site, misrepresenting the identity of a user, or conducting fraudulent activities on the site, is strictly prohibited. Users are prohibited from violating or attempting to violate web site security, including, without limitation: accessing data not intended for such user; using the web site for unintended purposes or trying to change the site’s behavior; attempting to probe, scan, or test system or network vulnerabilities or breach security or authentication measures; attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to the site, overloading, flooding, spamming, mail bombing, or crashing; or forging communications from Geekz, its web site, or any of its employees. Security violations may result in civil or criminal liability.
Please review the following sections carefully before using our services. By using our services, you agree to be legally bound by the terms & conditions set forth below. Geekz reserves the right to changes these terms & conditions at any time. Please review these terms & conditions carefully each time you request our services, as they may have changed.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You understand and agree that before Geekz performs any diagnostics or repairs on your computer, it is your responsibility to back up the data, software, or other files stored on your computer, unless you explicitly request Geekz to do this. You acknowledge and agree that Geekz shall not be responsible under any circumstances for any loss or corruption of data and/or software.
Media or downloaded installation executables and all required license keys for such software that may be required to install or reinstall must be available. This software must be legally licensed. Geekz will not install, repair, or configure illegal software.
For on-site visits, it is your responsibility to provide access to the equipment to be serviced in a safe working environment for us. For new equipment installations, it is your responsibility to ensure there is adequate electrical power available and accessible; Geekz will not perform electrical wiring services. You are responsible for providing power strips and surge protectors. Inside network or cable wiring needs should be discussed at the time the appointment is scheduled. In-wall wiring usually requires an advance evaluation visit. Holes in walls will be covered with an appropriate receptacle or cover plate. Geekz will not provide outside wiring of any kind.
LIMITATION OF LIABILITY & RELEASE:
By agreeing to have us provide our services to you, you agree to release Geekz and hold us harmless from and against any and all loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, lost 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 Geekz, to the extent permitted by law. 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 and any changes or alterations to your physical location. In no event will the aggregate liability for any and all claims relating to this web site and/or the goods and services offered by Geekz exceed the fees paid by you for the goods and/or services and shall constitute liquidated damages and are a reasonable estimate of damages to you.
Under no circumstances shall Geekz be liable to you or any other person for any damages, including without limitation any indirect, incidental, special, or consequential damages, expenses, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to the services provided by Geekz, 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.
Geekz shall not be liable for any failure or delay in performance due to any cause beyond our control. If our ability to render services is impaired by your failure to cooperate, dangerous working conditions or code violations, or circumstances beyond our control, we may choose not to provide services.
You agree to defend, indemnify, and hold Geekz, its officers, directors, employees, and other acting on our behalf to provide services to you harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this agreement and/or your use of our services.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Our services come with a 14-day limited warranty from the date the service was provided. You must call us within this 14-day timeframe with a description of the problem to be eligible to be covered under this warranty. We will arrange another appointment with you, for either on-site or remote support, to diagnose the problem, and if determined to be related to the original event, attempt to fix any problems related to the original event at no additional cost. Problems unrelated to the original service request are not covered under these terms. In addition, if the original service involved malware (virus, spyware) cleanup, this warranty does not cover reinfection if up-to-date spyware and virus protection software has not been installed and running on the computer during the warranty period. Since new malware threats are continuously appearing, new malware infections that occur before protection from installed anti-virus/spyware software is available and installed is not covered.
This limited warranty covers labor only.
Standard service hours correspond to our posted business hours. Evening and weekend appointments may be available upon request. Additional charges may apply for emergency, off-hours, or holiday service. Additional travel charges may apply for locations outside of our normal service area. Please see our service map or ask us for more information.
If you need to cancel or reschedule your service visit, please call our office no later than 3pm the day before the scheduled appointment. Cancellations made after this time are subject to a $30 cancellation fee.
No show appointments are subject to a penalty charge of a one-hour visit, based on the rate in effect for that appointment.
Equipment may be picked up by Geekz for servicing at our facility during our standard service hours. A nominal travel charge may apply for the pick-up and drop-off visits. Additional services requested to be performed while on site for the pick-up or drop-off will result in normal service fee charges. Cancellation and no-show fees are the same as for on-site services. You must supply to us at time of pick up all software media and hardware (including laptop power cord) that may be required to service the equipment.
Hourly rates for off-site service are the same as for standard on-site service; however, billed time is typically lower than for on-site visits. We cannot guarantee immediate turn-around time for off-site service. For business clients, we will strive to return the equipment no later than 3 business days from the date of pick-up. For residential clients, we will strive to return the equipment no later than 10 days from date of pick-up. We are not responsible for delays due to ordering and shipping of parts.
Expedited service may be requested. Higher rates may apply.
Remote support includes services provided over the phone or via the internet. By electing to receive remote support, you agree to allow Geekz to use any software tools necessary to repair your computer. You understand that if remote access to your computer is approved and initiated by you, software to enable the remote support session will be downloaded to your computer and automatically removed when the session is complete. Software tools used for repair may be left installed on your computer for future use and may be uninstalled by you at your discretion. Additional software (such as anti-virus programs) may be installed on your computer for continued use. If this software was installed to maintain the good working condition of your computer, removal or modification by you may void any warranties provided by the manufacturer or Geekz.
REMOTE SERVICE & LIABILITY LIMITATIONS:
Geekz reserves the right to choose not to provide or discontinue any or all remote services with you, on the basis of your technical specifications, unusual requirements or conditions, or the inability to provide the required services for whatever reasons within or outside the control of Geekz.
To the extent permitted by law, you agree that Geekz's liability for damages related to our remote services is limited to the total amount paid by you for such services, and you release Geekz from liability for any indirect, incidental, special, or consequential damages. Geekz is not liable for loss, alteration, or corruption of any data or for your inability to use your computer equipment or any other product.
Service fees are for labor only and do not include software, parts or accessories. Replacement parts, hardware upgrades, add-on equipment and peripherals, retail software, and miscellaneous materials (e.g., cables) are not included. These will be additional charges. All software, parts, and equipment are sold “as is” without any warranty except as may be provided by the manufacturer. We do not warrant and specifically disclaim any warranty of merchantability, fitness for a particular purpose or otherwise with respect to any modification or configuration of software or equipment as may be requested by you. Manufacturer’s warranties are the sole responsibility of the manufacturer.
All risk of loss and destruction of or damage to the equipment by reason of theft, fire, water or any other cause shall pass to you upon receipt of the equipment and the occurrence of any such casualty shall not relieve you from making payment of the balance of the purchase price.