This agreement is between you, as the end-user (hereby referred to as “you”, “your”, and “the Customer”) and NEXT LEVEL COMPUTER SERVICES, LLC, (hereby referred to as “we”, “us”, “our”, and “the Company”).
By requesting any of our services, whether in person, over the phone, or via any other means, you agree to be bound by the full terms of this agreement.
1. Disclaimer and Limitation of Liability
1.1 We will only perform or provide the services requested on the hardware or software that you provide for us, as is our reasonable service. In the case of web design and copy writing services, we will only design what is specifically requested. No expectation of service, or promise is given above what has been explicitly stated and agreed upon by both you and us.
1.2 We will make every reasonable and honest effort to provide the services which have been agreed upon per point 1.1 of the disclaimer, however, because computer systems can be in any state or condition when we receive them, delivery of services, and the desired or expected outcome is not guaranteed. In the case of web design and copy writing services, we will make every reasonable and honest effort to design the website and/or content to the Customer’s specifications, however since graphical design, visual design and text preference is highly subjective, final delivery of such a design is not guaranteed.
1.3 We do not and can not make predictions as to the length of time required to complete a service. We may occasionally (at our sole discretion) offer an estimation as to the expected length of time, but this is in no way a guaranteed of a date of delivery or completion of the requested service, and we can not be held liable for missed estimation dates.
1.4 You understand and agree that in the course of conducting a service, there is the potential for damage or data loss that cannot be repaired or recovered. While we will make every reasonable effort to repair any damage as has been requested, and recover any data as has been requested, you hereby agree to hold the Company completely blameless and harmless, and we can not be held liable for any damage or data loss, real or implied, whether as a result of service, lack of service, transportation , or any other occurrence.
1.5 You hereby authorize us to make any and all modifications to your system(s) in order to deliver and complete the requested service(s). This includes, but is not limited to: installing software, deleting software, modifying, changing, removing and/or adding files, adding, changing and/or removing hardware, viewing (directly or indirectly) potentially sensitive or private data during the course of delivering or completing the requested service.
1.6 We cannot be held liable for any unforeseen occurrences, “acts of God”, natural disasters, or other personal incidents that may prevent us from completing a service request, or meeting an agreement. In such cases, the service request will be voided completely.
2.1 All of our services are billed as is currently listed on our “Pricing” page, or as otherwise listed on the Service order or Invoice which you will receive from us. Services billed at an hourly rate will carry a minimum one (1) hour charge. Likewise, services billed on a weekly basis will carry a minimum one (1) week charge. Services which are billed on a monthly basis will carry a minimum one (1) month charge, and services which are billed on a yearly basis will carry a minimum one (1) year charge. You acknowledge and agree to these rates and charges when you agree to service.
2.2 For some of our services, we may provide free estimates of the estimated cost of delivering or completing the service. You understand and agree that estimates are not guaranteed and that the final cost of delivering or completing the requested service may be higher. You hereby agree to the final cost of service as stated on the invoice which you will receive from us.
2.3 You understand and agree that cost of any extra parts or software that may be required to complete a repair or service request, will be included in the final cost of service, in addition to the quoted price or rate. This includes but is not limited to: new hardware components, integrated circuits, disk drives, adapters, software, operating systems, license keys, or any other hardware or software we deem necessary. You hereby agree to all such inclusions as part of the final cost of service for delivering and completing your service request.
3.1 Full payment for the entire cost of service is due upon completion of service, for each service that you request from us. For the purposes of this agreement, “completion of service” is hereby defined as: when we complete the service you requested, terminate the requested service for any reason listed in section 4 and section 6, or in the case of reoccurring, on-going services (such as Retainership or Website Management), the completion of a billing period, whether weekly, monthly or yearly. Refusal by you to accept the delivery, completion, or service does not nullify the agreement or cancel the amount due.
3.2 We accept payment in United States Dollars only. We accept payment in the form of cash, check, or credit/debit cards. All checks are deposited within one (1) day of reception.
3.3 In the event that you supply a payment that does not clear (for example a debit card is declined, or a check bounces), or payment is otherwise unacceptable, then the entire amount due must be immediately paid using an alternate method of payment listed in section 3.2.
3.4 In the event of non-payment of the total amount due by you to us, we have the right to take any and all of the following actions to recover the payment:
a) Turn you over to a collections agency
b) Hold your computer, device, or created content until full payment is received
c) Pursue any and all legal actions to recover payment
You further understand and agree to these actions being taken in the event that we cannot collect full payment from you.
4. Your Responsibilities
4.1 For in-house repairs, it is your responsibility to ensure that your computer system(s) reach us, are packaged properly, and suffer no damage beyond what we have agreed to repair. We can not be expected to repair any such extra damage as a result of transportation, or inaccurate description of damages, nor can you hold us liable to do so.
4.2 For on-site repairs, it is your sole responsibility to provide adequate space for our technician to operate and work effectively on your computer system(s) or device(s). If the work site is deemed inadequate (such as lack of space, or excessive distractions, etc.), or if the work site is unsafe for any reason (at our technician’s discretion), completion of the work will be halted, and you will be charged a $100 (one-hundred dollar) termination fee, in addition to any charges for service up to that point.
4.3 For virtual support over the phone or internet via Remote Desktop, it is your responsibility to follow the instructions of our technician, to the very best of your ability. We cannot be held liable for any damages or data loss real or implied, as a result of such virtual support, whether over the phone or internet. Your failure to comply with, or your interference with our technician (either through action or inaction) will result in the immediate termination of the support session, and you will accept any and all charges up to the point of termination, and you will additionally be charged a $100 (one-hundred dollar) termination fee.
4.4 In all cases, it is your sole responsibility to maintain backup copies of your data prior to you sending any computer system(s) or device(s) to us, or requesting any service. We can not be expected or required to backup or copy your data for you, and we can not be held liable for any such damages or data loss, as per section 1.4
4.5 Once we have notified you that your requested service is completed, it is your responsibility to pay the total amount due as per section 3, and it is your responsibility to retrieve your computer system(s) or device(s) in a timely manner. You have a maximum of thirty (30) days from the date of our first notice to you, to retrieve any and all equipment from our premises, or such equipment will be considered abandoned property.
5. Retainership Services
5.1 In the case of our retainership services, you agree to pay on the first day of each week (as defined in a separate retainership agreement document between you and us), the full price of retainership of services listed on our Pricing page. You agree to pay in the currency and method according to section 3.2 of this agreement, and the penalties for non-payment according to section 3.3 of this agreement.
5.2 Upon receipt of payment, we will be retained by you for a period of one (1) week, and at the conclusion of that week, payment will auto-renew for the following week, to ensure continual service. In the event that payment can not be collected, Retainership will be immediately terminated, and sections 3.3 and 3.4 will be enforced as required to collect any outstanding payment debt.
5.3 You will be entitled to support via phone, and/or Remote Desktop, as defined on our Services and Pricing pages. You will have an unlimited number of Phone and/or Remote Desktop support requests, where each request is hereby defined as one (1) computer-related problem or issue, and up-to but no greater than three (3) hours of time per request. If time exceeds three (3) hours, you may be charged the standard rate for any over-time, at our sole discretion. You hereby agree to all of these charges.
5.4 You must notify us in writing, or via phone using your unique “Retainership ID Number” (which we assigned to you at the start of Retainership) to cancel your Retainership of us. When we receive such a notice of your desire to cancel, we will immediately terminate your Retainership of our services, and you will no longer be charged a Retainership fee. You will no longer have access to Retainership privileges, and will be charged standard customer rates for any and all of our services. At the time of your cancellation, any previous retainership payments, and any Retainership payments currently being processed will not be refunded! You hereby agree to these charges and terms regarding Retainership.
5.5 You hereby understand, acknowledge and agree that the fee for and your use of our Retainership services does not include any of our other services (such as in-house and on-site support, repair services, installations, or web design and management services) and you will be charged the regular rates for your use of such services, regardless of your Retainership of us.
5.6 When we are Retained by you, you will be charged the same weekly Retainership fee (as defined on our Pricing page and section 5.1) regardless of how many support requests you make to us. Under Retainership, you are not paying for individual calls, or usage (except as specified in sections 5.3 and 5.5), but instead you are paying for ongoing access to Phone and Remote desktop support from us, regardless of how many, or how few requests you make. This means that even if you do not make any support requests to us, you will still be charged the same retainership fee, unless you cancel retainership, as outlined in section 5.4 of this agreement.
6. Termination and Refusal
6.1 While we will make every effort to supply fair and honest service to our customers, we reserve the right (at our sole discretion) to terminate service for any reason, and at any time, without prior notice, obligation or liability of any kind. We also reserve the right to refuse to provide any and all requested service, for any reason, without prior notice, obligation or liability of any kind.
7. Data Collection and Privacy
7.1 As per section 1.5, during the course of repairing your device or otherwise providing service, we may directly or indirectly view sensitive or personal data stored on your device. During the course of repair or completion of service, your data may be stored, captured or transferred to alternate storage mediums in order to facilitate repairs or complete your requested service. We make every reasonable effort to keep such data exposure to a minimum, and will not sell, resell, transfer or share this data with any third-parties, unless such exposure is necessary for us to complete your requested service, or unless required to do so by law enforcement.
7.2 You understand acknowledge and agree that any and all communication with us, whether by telephone, e-mail, remote access, or other means, is logged, monitored, recorded and stored by us, and any of our third-party providers. We store this data for reasons including (but not limited to), continued operation of our business, quality assurance, safety and record-keeping. We do not actively sell, resell, transfer or share such communications with any third-parties unless it is necessary for us to complete your requested service, or unless required to do so by law enforcement.
7.3 By visiting our website, you agree that we use web-cookies to track your usage of our site, to “remember” certain actions you have taken on our site for a smoother browsing experience, and also certain functions on our site will employ cookies from third-parties as well, which is subject to their own privacy policies.
7.4 During the course of a support session, or completion of any service, we may take photographs, capture screenshots, record audio and/or video, keep text logs and notes, or use other recording and archival methods to record any and all parts of our work, and our interactions with you, and any device or equipment which you have submitted to us (whether physically or virtually/remotely). By requesting any service from us, you agree to such collection, recording and archival.
7.5 While we take every reasonable precaution to minimize the exposure of your data, we cannot be held liable for any such exposure, regardless of the means or methods of that exposure, nor can we be held liable for any damages of such exposure (whether directly or indirectly) and regardless of whether the damage is real or implied.
7.6 By interacting with us in any way, or by any means, you agree to the data collection and privacy terms of this agreement, and furthermore by engaging in communication with us by any means, in any way, and/or otherwise requesting service from us, you agree to your data being collected, monitored, recorded, and stored in accordance with the terms of this agreement.
8. Updates to This Agreement
8.1 We reserve the right to update this agreement at any time without prior notice of any kind. At such time that this agreement is updated, the updated version will immediately supersede any previous versions of this agreement, and the updated version will take full and absolute effect.