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THESE TERMS OF SERVICE APPLY TO SERVICES ("HELPDESK SUPPORT" AND "ON-SITE SERVICE")


TERMS AND CONDITIONS

HELPDESK SUPPORT

(a) Services: BnC Puters 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 BnC Puters 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 BnC Puters shall not be responsible under any circumstance for any loss or corruption of data and/or software.

ON-SITE SERVICE

(a) Scheduling: BnC Puters offers non-traditional service hours to work around our client’s availability.
(b) Service Jurisdiction: BnC Puters provides service to the North Iowa region including, but not limited to: Mason City and Clear Lake.
(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 a BnC Puters Technician arrives on site and no adult is present the first hour charge of $35.00 will still be incurred.

(e) 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 BnC Puters technician TO YOUR HOME OR BUSINESS. BnC Puters 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.

(f) Minimum System Requirements (For Wireless Home Networking Only):

* All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM.
* Password(s) for operating systems(s) and/or ISP must be available at the time of service.
* Microsoft Windows 98 SE operating system or greater.
* Operating System disc and Key Code must be available at the time of service.
* All computers and/or peripherals to be networked must be in good working order and Spyware-free.
* For all broadband installations, the broadband services must be installed and operational prior to the time of service, including connections to any broadband modem.

(g) Access: The BnC Puters 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 BnC Puter technician 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 YOU WILL BE CHARGED AT THE FIRST HOUR RATE.

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

LIMITATIONS TO SERVICE: BnC Puters 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 BnC Puters AND/OR ITS THIRD PARTY SERVICE PROVIDER.

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

LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL BnC Puters 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 BNC PUTERS 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 BnC Puters 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 BnC Puters 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 BnC Puters at 641-512-3790 or via the contact form located at http://www.bncputers.com.

You may cancel your order if you give BnC Puters at least 4 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 641-512-3790 or via the contact form located at http://www.bncputers.com. If you prepaid for your order, the payment amount will be fully refunded via check. Checks typically arrive within one week.

If you are not satisfied with your service: Please call 641-512-3790 or via the contact form at http://www.bncputers.com for resolution. We stand behind our Phone Support services for 3 days. We stand behind our On-Site Service for 14 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 covered by this warranty period. ILLEGAL PROGRAMS, FILES, AND ACTIVITIESWhile performing service the BnC Puters Technician will have full access your PC.  While the BnC Puter technician will not go looking for illegal content on your pc if they do discover illegal content action will be taken.  This can range, depending on the severity of the infraction, from discussing the issue with the pc owner to alerting the proper authorities.