Grand County Professional Computing Terms of Service Revised September 2019
*Definitions GCPC – Grand County Professional Computing, Sole Proprietorship Device – Any electronic equipment used directly or indirectly by a System or Client. These items include but are not limited to computers, tablets, routers, power supplies, printers, and associated components. System – Any collection of devices or software that perform a certain task or form a connected infrastructure. Client – Individual or Organization responsible for System defined within in statement of work. Statement of Work – Service order or invoice for which Client has accepted financial responsibility. Cloud – Any service in a hosted environment where Client has no direct access to storage media containing their personal data or its handling. Examples include: PaaS, SaaS, IaaS, and VPS.
DISCLAIMER 1.1.GCPC will render only services, training, and consultation requested by Client. GCPC will perform honest and considerate services in accordance with industry best practices. All local, state, and federal laws and regulations will be adhered to with regard to consumer privacy and environmental protection. While individual results cannot be guaranteed, GCPC will provide only services with which a satisfactory outcome is probable. 1.2.Services are provided in good faith. There may be circumstances under which Client’s computer/device cannot be serviced. These circumstances are not always apparent at the time of diagnosis or may arise during service. When a service cannot be completed within the original Statement of Work, all services will halt until Client is contacted and provided with remediation options for the unforeseen circumstances. Under some conditions additional research fees may be incurred before presenting remediation options to Client, these fees will be presented to Client upfront and prior to further research. 1.3.The length of time required to service the Client’s System will vary and cannot be guaranteed. Variations in hardware, software, and overall System health cause service times to unpredictable. GCPC will place quality of service before swiftness of completion unless otherwise agreed upon prior to initiation of service. (See section 2.1 below) 1.4.Client understands that in the process of servicing Client’s System, there is a potential for data loss. Unhealthy systems may incur additional fees for data backup prior to service if deemed necessary for a satisfactory outcome and not already performed by Client. GCPC cannot not be held responsible for data loss even when backup services are rendered by GCPC. Backup services cannot be guaranteed by GCPC, as such it is in Client’s best interest to perform data backups themselves. (See section 4.4 below) 1.5.Client authorizes GCPC to install any software and/or hardware on your System necessary to perform required services. All software used in the service will be acquired from reputable vendors and checked for malware prior to use on Client’s device. All software will be removed upon completion of the service unless purchased by Client. 1.6.All remote repair services are subject to the terms in this agreement as well as maintenance fees necessary for GCPC to provide remote service. Remote service fees are subject to change without notice and will be reflected to the Client whenever such change occurs. 1.7.After service is rendered GCPC will notify Client. Client must take possession of the serviced System within 2 business days or a retention fee of $5.00 per day will be assessed.
BILLING TERMS 2.1.Services are billed as stated on the service order or invoice (statement of work) provided to Client before service. The most common services are charged by flat rate fees that can be found on the Pricing Guide page of the GCPC.PlsFix.Me website. Services not listed on the Services page may be charged at an hourly rate $80.00 per hour. The minimum charge for an hourly service is 1 hour at a current hourly rate of $80.00. 2.2.There is a minimum charge for mobile service in the amount of $30.00 for any service call made within the defined Standard Service Area (See section 5.5), and a minimum charge of $60 for any service call made within the defined Extended Service Area (See section 5.6). 2.3.An estimate of cost for work will be provided before performing/invoicing services. Estimates are not guaranteed and are subject to varying time limitations. 2.4.Not all services can be completed on-site and must be completed at our office. 2.5.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 stop at the estimate limit. 2.6.In the case that the Client cannot be reached, work will stop until contact is established. Once established, Clients decision to continue or stop will be honored by GCPC. Client may be responsible for additional fees resulting from lack of communication on the part of Client. GCPC will never penalize Client for GCPC’s lack of communication nor will GCPC compensate Client for said lack of communication unless a formal agreement is established between Client and GCPC. 2.7.All tangible goods, hardware, and software may be subject to Colorado State Sales Tax. 2.8.All remote repair services must be paid before commencement of work. If for any reason Client is unhappy or we cannot complete the service, a full or prorated refund may be issued at discretion of GCPC.
PAYMENT TERMS 3.1.Full payment is due upon completion of service. 3.2.Parts, hardware, or/and software that are ordered or special ordered must be paid in advance unless otherwise arranged. Failure of Client to prepay for required components may impact the time for the completion for a service request, potentially nullifying any contract or service request that had been opened. If GCPC is to provide any components in good faith, a ststement of work will be provided in writing to the Client by GCPC prior to the start of any service request. 3.3.GCPC accepts cash, checks, and online payment. Note: Checks are cleared within 48 hours. A $50.00 service fee will be charged for any returned check. All online payments will incur a service charge of 3.0% + $0.99 of the total billed electronically. 3.4.In order for GCPC to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $25.00 charge if payment is not received within 30 days after the completed service date and 60 days thereafter. If an amount remains delinquent 90 days after completed service date, an additional 25% penalty of original balance will be added for each week of delinquency. GCPC reserves the right to report delinquent payment to credit bureau(s) and collection agencies in attempts to recover payment. If deemed necessary, GCPC reserves the right to take client to court to recover costs in which client will incur all fees by the process.
LIABILITY 4.1.Services are provided in good faith in an effort to fix, upgrade, or otherwise repair the computer/device for which Client or authorized representative requested such services. 4.2.Your system will not be intentionally harmed. The primary goal is to fix your devices or systems, not create or cause further damage. 4.3.In the case of accidental damage to your system or data loss caused by preexisting problems in your system such as misconfiguration, malware, or hardware failures, Client agrees to hold GCPC and any person(s) associated with GCPC or involved in the service harmless from such damages. 4.4.It is Client’s responsibility to backup data unless requested as a service and defined in the statement of work (See Section 1.4 above). GCPC will not be held responsible for data loss even in the event of rendering backup services. All backup services are one time services and will not be provided as a recurring service unless a formal agreement is established between GCPC and Client. There is no standard classification for managed backup services and costs will be determined by examination of the Client’s computing environment. 4.5.Client error may result in increases in fees and/or delays for services being provided. No penalty charges will be administered for Client error, however costs and fees will be reflected in accordance with all other terms herein. 4.6.If Client decides at the time of the service or within eight (8) hours or scheduled service that they would not like GCPC to perform scheduled services; Client will be charged a $60.00 late cancellation call fee and may be liable for any parts, research, consultation, or travel costs associated with the scheduled service. 4.7.Third party vendors/services are not subject to the these Terms of Service, as such GCPC is not subject to a third parties Terms of Services unless contracted directly by GCPC on behalf of Client. 4.8.GCPC is not liable for any damages caused by device failure when failure was not caused directly by provable negligence on the part of GCPC, its staff, or a representative of GCPC. Examples of this would include but are not limited to: acts of nature, poor electrical infrastructure, poor/improper ventilation, operator error/accident, water hazards, product defect, or lack of maintenance. 4.9.Any product not expressly produced by GCPC for Client is subject to the warranty/terms of its manufacturer or vendor. 4.10.Cloud services that are not provided directly by GCPC are subject to the vendor of the service. GCPC will provide separate Terms of Service for any Cloud service they provide directly, any separate Terms of Service will supersede these Terms of Service as it relates to Cloud services. 4.11.Client is responsible for providing the information necessary for GCPC to complete requested services. This information may include access credentials, account information, configuration data, and physical access. Hacking, cracking, reverse engineering, diagramming, vendor resets, and other methods of gaining access to a Client’s system will incur additional fees from either GCPC or a third party service. Failure to provide necessary information may also result in termination of requested service by GCPC.
SUPPORT 5.1.Customer satisfaction is our number one priority. Client will never be discriminated upon based on age, race, gender, financial status, or technical ability. 5.2.All services will be conducted in a professional, responsible, and timely manner. Also, taking into consideration the circumstances and nature of the technical problems. 5.3.Follow up support will be provided free of charge for invoiced services that have not met Client satisfaction. After five (5) business days from completed invoice date, GCPC will no longer offer free follow up support. 5.4.Warranty work will only be covered if it is related to the work on the Service Order. Unrelated work will not be covered by the warranty and may be charged accordingly. 5.5.Standard Service Area is defined as follows. An approximate 22 mile radius extending outward from the intersection of US Highway 40 and US Highway 34 in Granby, Colorado (GPS: 40.090285, -105.957864). Also approximately 30 minutes of drive time in any direction measured from Granby, Colorado as the origin point of any service call deemed to be within this Standard Service Area. Client is responsible for detailing their location to GCPC when mobile service is requested. Failure to provide concise directions for GCPC to locate the Client may result in increased service fees (See section 4.5 above) and may reclassify Client’s service area. 5.6.Extended Service Area is defined as follows. Any area outside the bounds of the Standard Service Area as defined in section 5.5 above. Any area with access that is hindered by adverse weather or harsh road conditions. Any area within the defined Standard Service Area (See section 5.5 above) that takes longer than approximately 30 minutes from Granby, Colorado to reach.
SERVICE GUARANTEE 6.1.All services and repairs are guaranteed for five (5) business days from the completion date on the invoice. 6.2.If after a service is performed it is found that the service or repair was incorrectly diagnosed by GCPC, then GCPC will correct the service free of additional labor charge up to but not beyond the labor costs in the original statement of work. Additional charges may be incurred for parts, research, training, and consultation. If remediation costs exceed the original statement of work by 100% or more Client will be credited the labor charge originally invoiced and a remediation plan will be presented at no additional cost to the Client.
ESTIMATES 7.1.GCPC offers free estimates over the phone, at office, or via email. Estimate accuracy is not guaranteed for remote estimates where site specific requirements are necessary. 7.2.For in-home/on-site estimates there will be a $60.00 fee. If you decide at that time you would like GCPC to work on Client’s system, this fee will be waived and Client will only be charged for the service being performed in accordance with these Terms of Service. Service Area fees may still apply. (See section 2.2) 7.3.A $60.00 fee will be charged if Client fails to show up at scheduled appointment without an eight (8) hour cancellation notice. (See section 4.6)
PRIVACY POLICY 8.1.GCPC will comply with all local, state, and federal regulations pertaining to consumer privacy. Furthermore GCPC values Client privacy and will protect Client data to the extent that it is technologically capable and financially responsible. 8.2.GCPC will not disclose your personal information to any third party at any time without prior consent from the Client. This information may only include the Client’s legal name, email address, and phone number. No other information will be collected for the purpose of referral, advertisement, or sales. 8.3.GCPC will not retain Client’s Personal Credit Information on their systems. Additionally, GCPC will not be liable for any Personal Credit Information stored on Client’s systems that may be disclosed due to infection, misconfiguration, or Client error. 8.4.Cloud based services are subject to the terms of service provided by the vendor of the cloud service and GCPC is not liable for the mishandling of Client data by cloud service providers. (See section 4.10) 8.5.GCPC will never request information that is not essential to the service requested. You may refuse to provide any information anytime it is requested by GCPC. Refusal to provide required information may result in additional fees or cancellation of requested service in accordance with these Terms of Service. 8.6.Data mining, pattern recognition, and behavioral analysis may be used in the process of rendering requested services. These processes are intended to fulfill the requested service only and will not be used to target Client with tailored advertisements or to recommended additional services except those that may supplement a requested service. 8.7.GCPC will hold in confidence all communications, dealings, and agreements with Client to the extent that it is permissible by law.