Terms and Conditions – Computer/Device Repair Services Agreement

1.1 – Proxell Technologies will only perform and provide computer services, repairs, and upgrades as requested by the customer. Proxell Technologies will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed.

1.2 – Computer service / repairs are provided service. There maybe circumstance under which your computer/hardware cannot be repaired. It will have to be rebuilt or upgraded. (Examples: Age of PC, repair/replacement parts obsolete (memory chips, motherboards, etc.)

1.3 – The length of time required to service/repair your computer cannot be predicted. (See Para 2.1 below)

1.4 – You understand that in the process of working on your computer equipment, there is a potential for data loss. You agree that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. Proxell Technologies will not be responsible for data loss. (See Para 4.4 below)

1.5 – You authorize the technician(s) providing the service or repair to install anti -virus and any other necessary software on your computer or device to perform required services. All software will be deleted / uninstalled upon completion of the service.

 

BILLING TERMS

2.1 – Computer & electronics services/repairs are billed as stated on the service order provided. This does not include parts to repair the system if any are needed or data recovery which is available at an additional cost. See Sec 2.3 & 2.4.

2.2 – An estimate of cost for work will be provided before performing computer services/repairs. Estimates are not guaranteed.

2.3 – In the case that there is an unforeseen deviation, beyond the above estimated amount, every effort will be made to contact you and inform you of the situation and receive authorization to continue or s top at the estimate limit.
2.4 – In the case that you cannot be reached, work will stop until contact is established. Once reached, your decision to continue or stop will be honored by Proxell Technologies.

2.5 – Pickups/Deliveries: You will be billed at $0.25 mile for transporting your computer or other device to and from our shop at 201 E Main St – Suite 108, Marion, VA 24354.

 

PAYMENT TERMS

3.1 – Full payment is due upon completion of services, upgrades, or repairs.

3.2 – Computer parts, hardware, or/and software that are ordered or special ordered must be paid in advance unless prior arrangements are made.

3.3 – Proxell Technologies accepts cash, checks, PayPal, and credit cards. Note: Checks may be cleared within 24 hours as an eCheck. We may request payment via a PayPal invoice. If we receive payment via check, we shall mark payment as paid in paypal.

3.4 – Proxell Technologies shall not hold a personal computer or other device more than thirty (30) days past the date of completion; in the event that this happens you authorize Proxell Technologies to remove the hard drive (if applicable) and attempt to sell the personal computer/electronic device to recoup any service fees. All items (computers and electronics) that are not picked up by the 30th day after the date of “notification of completion” will be charged $10.00/day storage fee until either picked up or sold to recoup any service charges associated with the items repair.

3.5 – It is the customers responsibility to notify Proxell Technologies is there is a change in contact information. If you change your phone number or email, please contact us. As we have no way to contact you when the repairs are complete. We will use the last information given for contact purposes. If after NINETY DAYS (90) days your device has not been picked up for ANY reason, you agree to transfer ownership of said device to us so that we may sell the device to recoup any fees associated with work requested.

3.6 – If, after 90 days, we have not received payment for services rendered, we may utilize a debt collector to facilitate payment.

LIABILITY

4.1 Service(s) are provided to fix, upgrade, or otherwise repair the computer system(s) or device for which you request such service(s).

4.2 Your system will not be intentionally harmed. The primary goal is to fix your computer, not damage it.

4.3 In the case of accidental damage of data to your system or data loss caused by already existing problems i n your system such as viruses, bad configured software, or hardware problems/failures -You agree to hold Proxell Technologies and any person(s) associated with Proxell Technologies or involved in the work being done for you harmless from damages resulting from such problems.

4.4 It is your responsibility to back-up your data. Proxell Technologies will not be responsible for data loss. (See para 1.4 above)

4.5 You consent to your picture, voice and/or video being published on the internet for marketing purposes or any other purpose we may deem necessary. You consent to pictures and/or videos of your device being used for marketing purposes or any other purpose we may deem necessary. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Virginia or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.

4.6 In case of natural disaster, theft, fire or other circumstance not mentioned you agree to hold Pr oxell Technologies and any person(s) associated with Proxell Technologies or involved in the work being done harmless from liability.

4.7 Proxell Technologies will not be responsible for data loss. The client agrees that, to release and hold harmless the Proxell Technologies 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 Proxell Technologies. Client agrees not to post and derogatory reviews on any online medium without first contacting Proxell Technologies to resolve any dispute.

SUPPORT

5.1 Customer satisfaction is our utmost importance.

5.2  All services will be conducted in a professional, reasonable, and timely manner. Also, taking into consideration the circumstances and Nature of the technical problems.

5.3  Free support will be provided for problems to be resolved from the service order, but not resolved.

5.4 It is the customer’s responsibility to BACKUP all software REGISTRATION KEYS, CODES, PASSWORDS etc. to prevent possible software loss and/or renewal fees associated with reloading the computer. This includes windows genuine authentication.

 

REPAIRS & SERVICE GUARANTEE

6.1  All services and repairs are guaranteed for 30 DAYS from the completion date on the Service Order.

6.2  You agree not to leave any derogatory comments online without first trying to resolve the issue with us directly. You give us permission to act on your behalf to remove said comments if needed.

6.3 If later found that the service or repair was incorrectly diagnosed by the technician. Then Proxell Technologies will perform the repair/service free of any labor charge. Only the new parts will be charged.

 

ESTIMATES

7.1 Free Estimates. All repair/service estimates are free.

7.2 A $25.00 Estimate Fee is charged after 30 minutes if the technician is not allowed to concentrate on the estimate for service.

7.3 Customers are asked to not interrupt the technician as the evaluation and estimate are completed. Save all additional questions until after you receive the estimate.

 

As always, we are committed to providing the very best in customer satisfaction.

If for any reason you are unable to pay / pickup your computer/device within 30 days after the date of completion, please call us immediately.

Web Hosting Terms & Conditions

PROPRIETARY INFORMATION

Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode, or reverse engineer any Proxell Technologies program, code or technology delivered to Client or any portion thereof.

CENSORSHIP

Proxell Technologies will exercise no control whatsoever over the content of the information passing through the network, email or web site.

WARRANTIES

Proxell Technologies makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Proxell Technologies also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Proxell Technologies is at Client’s own risk, and Proxell Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Proxell Technologies does not represent guarantees of speed or availability of end-to-end connections. Proxell Technologies expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Proxell Technologies specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

PROXELL TECHNOLOGIES RESPONSIBILITIES

3.1. Availability. Within a reasonable time of its receipt of the Client Content, PROXELL TECHNOLOGIES will make the website available on the World Wide Web (the “Installation Date”). Thereafter, PROXELL TECHNOLOGIES will use commercially reasonable efforts, pursuant to the terms and conditions set forth in this Agreement, to make the website accessible via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and will use its best efforts to ensure reasonable response times for users accessing the website.

PROXELL TECHNOLOGIES shall incrementally backup the website and store the backup materials in a safe and secure environment. Upon the termination of this Agreement, after the payment of all fees called for herein, PROXELL TECHNOLOGIES shall use commercially reasonable effort to assist in the transfer of the website to the computer system owned and operated by Client and/or its designated third party contractor.

3.2. Security.

PROXELL TECHNOLOGIES shall endeavor to keep the site files and data as secure as possible, but makes no warranties about the security of any site code or data. Should the website files or content, whether provided by PROXELL TECHNOLOGIES or the Client, become compromised through any manner of security breach or exploit, PROXELL TECHNOLOGIES shall, at its sole discretion, take down the site, repair the files and data, and bill the Client for the work at prevailing hourly rates. PROXELL TECHNOLOGIES will communicate with the Client regarding the nature of the breach or exploit and the nature of the resolution.

TRADEMARKS AND COPYRIGHTED MATERIAL

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

TERMINATION

Proxell Technologies may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Proxell Technologies of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Proxell Technologies and Client. Any other reason Proxell Technologies may state, however Proxell Technologies will give a 30 day notice in said event.

DISPUTES

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

INDEMNIFICATION

Client shall indemnify and hold Proxell Technologies harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Proxell Technologies directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.

GENERAL

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

 

As always, we are committed to providing the very best in customer satisfaction.

If for any reason you are unable to pay / pickup your computer/device within 30 days after the date of completion, please call us immediately.

We will make every effort to work with you.

Thank you,
Proxell Technologies 201 E Main St – Suite 108 Marion, VA 24354

(276) 243-1376   Info@ProxellTechnologies.com