Limited Liability Agreement

As your computer consultant, when you hire me, you agree to the following terms, and that my liability is limited:

SCHEDULING

Standard service hours are Monday through Friday, 9:00am to 6:00pm. I don't work on weekends or holidays. Additional charges will apply for demanded response or service outside of standard hours. Please visit this site regularly for news about my schedule availability, etc.

SERVICE JURISDICTION

My service area is a 20 mile radius around Great Barrington, MA USA. If a location lies beyond my standard Service area, additional travel charges will apply. To determine if your location is within my service area,

ADDITIONAL SERVICES

These are available only to customers who have already called me in the past for on-site service, and must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.

ON-SITE SERVICE AUTHORIZATION

For on-site services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present when I arrive, services will be denied and a one hour cancellation charge will be assessed. Preferrably, the computer owner should be present for the entire house call, in case questions or problems arise and need confirmation.

RESPONSIBILITY

It is your responsibility to back up all software and data on your computer's hard drive(s) and/or any other storage devices before I arrive. I will not be responsible at any time for any loss, alteration, or corruption of any software, data, or files.

ACCESS

I must have 1) access to your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment, work space, and 4) electrical power. If I determine that these conditions have not been met, services will be denied and a one hour cancellation charge assessed.

SERVICE LIMITATIONS

I reserve the right to refrain from providing any or all services ordered, and refund the customer's payment, wholly or in part, if requirements are not met or if technical conditions (such as wiring difficulties or physical barriers) or customer requirements are unusual, extensive, or beyond the scope of this service agreement as I reasonably determine.

FORCE MAJEURE

If my ability to render services is impaired by circumstances beyond my control, I may choose not to provide services.

LIMITATION OF REMEDY

Under no circumstances shall I 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 I provide 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.

I shall not be liable for any failure or delay in performance due to any cause beyond my control. If my ability to render services is impaired by your failure to cooperate or circumstances beyond my control, I may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, I shall not be responsible for repairing any damage or changes made to your residence.

LIMITATION OF LIABILITY & RELEASE

When you hire me, you agree to release and hold myself and my business harmless 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 I provide. 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, any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.) as a result of myself, my affiliates, 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. Some states do not allow limitations or release of certain damages or liability, so the above limitation of liability and release may not apply to you.

CHANGES, CANCELLATIONS AND REFUNDS

• To change your house call or work order: You must contact me at least one day in advance, unless extreme circumstances prevent you from doing so.
• To cancel your house call or work order: You must contact me at least one day in advance, unless extreme circumstances prevent you from doing so. The payment amount will be fully refunded in the manner the purchase was paid.
• If you are not satisfied with your service: You must contact me for resolution. I stand behind my services for one month. If there is a problem with the service I provided and you notify me within the allotted time period, I will work to remedy the problem quickly and at no additional cost.

IN CLOSING

I do not accept any responsibility for any consequential or incidental damages not listed in this agreement!
 
You must fully understand this agreement before I perform any work on any of your computer equipment!