Terms Of Service

THESE TERMS OF SERVICE APPLY TO ALL SERVICES PERFORMED BY IN-HOUSE COMPUTER SERVICES, LLC HEREIN AFTER REFERRED TO AS ICS.

TERMS AND CONDITIONS

(a) Services: ICS will attempt problem diagnosis via a remote control utility in some situations if possible. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer(s) and/or network (herein after referred to collectively as systems) or the configuration of these systems which is beyond our control.

(b) User Responsibility: You understand and agree that prior to contacting or allowing ICS to perform diagnostic repair on your systems, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives or any other storage devices unless this service is otherwise specifically stated in a written contract with ICS. If you do not have backup services contracted with ICS, you acknowledge and agree that ICS and/or it’s third party service providers shall not be responsible under any circumstance for any loss, alteration, or corruption of data and/or software.

(c) Service Jurisdiction: Service Jurisdiction: Service area includes the seven counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha in Southeastern Wisconsin. If a location lies beyond this ICS standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the ICS standard Service Jurisdiction, please call 414-431-7025.

(d) An Adult Must Be Present For Residential Services: For on-site residential services, a person of at least 18 years of age must be present during the entire time period services are provided. IF an ICS TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A ONE HOUR CANCELLATION CHARGE WILL BE ASSESSED BASED CURRENT ICS RESIDENTIAL HOURLY RATE.

(e) Minimum System Requirements for Service:

* Password(s) for operating systems(s) and/or ISP must be available at the time of service.
* Operating System disc and Key Code must be available at the time of service.
* For all broadband installations, the broadband services must be installed and ready for configuration.

(f) Access: ICS technicians and/or it’s third party service providers must receive full access to the systems and/or peripheral(s) to be serviced, access to your business or residence, your consent and cooperation to enter your business or residence, and a safe working environment, working space and electrical power. IF AN ICS TECHNICIAN AND/OR THIRD PARTY SERVICE PROVIDER 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 CANCELLATION CHARGE WILL BE ASSESSED BASED CURRENT ICS BUSINESS OR RESIDENTIAL RATES.

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

LIMITATIONS TO SERVICE: ICS AND/OR ITS THIRD PARTY SERVICE PROVIDERS RESERVE 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 ICS AND/OR ITS THIRD PARTY SERVICE PROVIDERS.
FORCE MAJEURE:

If ICS and/or its third party service provider’s ability to render services is impaired by you or circumstances beyond the control of ICS and/or its third party service providers, ICS and/or its third party service providers may choose not to provide services.

LIMITATION OF REMEDY:

UNDER NO CIRCUMSTANCES SHALL ICS AND/OR ITS THIRD PARTY SERVICE PROVIDERS 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 ICS AND/OR ITS THIRD PARTY SERVICE PROVIDERS 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 SIGNING THE TERMS OF SERVICE FORM YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS ICS AND/OR ITS THIRD PARTY SERVICE PROVIDERS 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 ICS AND/OR ITS 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 service request you must contact ICS at 414-431-7025.

You may cancel your service request if you give ICS at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 414-431-7025. If pre-paid, the payment amount will be fully refunded in the manner the purchase was paid.

SERVICE LEVEL AGREEMENT:

Upon signing the work order release form, you agree that all services are complete and customer expectations have been met. If you are not satisfied with your service: Please call 414-431-7025 for resolution.

Payment is due within 15 days of the original invoice date. A 15 day grace period is allowed. Failure to pay within 30 days of the original invoice date will result in a 2% per month (24% per year) charge or the maximum amount permitted by law, whichever is less, commencing from the date of the original invoice and continuing until paid.

WARRANTY:

All hardware itself is guaranteed by the manufacturer’s warranty only.

Last Updated: October 11th, 2007