The Haxers

Terms of Service Agreement

Effective August 1st 2006

THESE TERMS OF SERVICE APPLY TO SERVICES PROVIDED BY THE HAXERS™. THE TERMS OF SERVICE APPLICABLE TO SERVICES ORDERED WITH THE HAXERS™ EITHER IN PERSON OR OVER THE PHONE ARE PROVIDED AT THE TIME THE SERVICE IS PURCHASED AND MAY DIFFER FROM THE TERMS STATED HERE. THESE TERM AND RATES MAY CHANGE WITHOUT NOTICE.

TERMS AND CONDITIONS

PAY FOR SUPPORT

(a) Services: The HaXers™ will attempt problem simple diagnosis and a solution over the telephone without a 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 The HaXers™ 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 The HaXers™ shall not be responsible under any circumstance for any loss or corruption of data and/or software.

IN-HOME SERVICE

(a) Scheduling: Standard service hours are Monday-Friday, 9 AM – 7 PM, Saturday 10 AM – 5 PM, Sundays 10 AM – 5 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.
(b) Service Jurisdiction: The HaXers™ sets the Service Jurisdiction as follows. If a location lies beyond The HaXers™’s standard Service Jurisdiction, additional trip charges may apply. The Service Jurisdiction is Southern Oregon which includes the Following Cities, Shady Cove, Eagle Point, White City, Medford, Phoenix, Talent and Ashland. Outlying Cities, additional trip charges may apply. Call 541.951.1629 for information pertaining to standard Service Jurisdictions and applicable trip charges.
(c) Additional Hardware or Software Install/Service: This service is only available to customers who have already purchased one on-site service and are purchasing this as a second service. Approved services 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.
(d) 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 THE HAXERS™ AGENT ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $55 CANCELLATION CHARGE WILL BE ASSESSED.
(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 HAXERS™ AGENT TO YOUR HOME OR BUSINESS. THE HAXERS™ 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):

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

(g) Access: The HaXers™ Agent 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 HAXERS™  AGENT 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 A $55 CANCELLATION CHARGE WILL BE ASSESSED.

TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES

  1. LIMITATIONS TO SERVICE: THE HAXERS™  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 THE HAXERS™  AND/OR ITS THIRD PARTY SERVICE PROVIDER.
  2. FORCE MAJEURE: If The HaXers™ 's and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of The HaXers™  and/or its third party service provider, The HaXers™  and/or its third party service provider may choose not to provide services.
  3. LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL THE HAXERS™  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 THE HAXERS™  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.
  4. RELEASE OF LIABILITY: BY SIGNING THE FORM ON THE OPPOSITE SIDE OF THIS PAGE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESSTHE HAXERS™  AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU ROR 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 THE HAXERS™  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.

PAYMENT TERMS
Rates Effective of August 1st 2006

(a) Service charge of $55 dollars an hour will be billed as labor is provided. Minimum one hour of service will be billed. If service is needed outside normal business hours and emergency service fee of $100/hour will be billed.
(b) Estimates are $25 dollars an hour and if services and/or parts or purchased the estimate fee will be waved.
(c) Parts will be an estimate when give to the customer. The HaXers™ are not responsible for changes made to part estimate. Due to part manufactures raising prices at time of purchase versus time of estimate. All parts must be paid in full prior to any purchases of said parts.
(d) Student Discounts will be applied to a service order in the amount of 10% off the total order. If you are student currently attending at the time the service is performed and can show a valid University or School ID CARD you will be eligible for the discount. Limit one discount per house hold.
(e) Senor Citizen Discount will be applied to a service order in the amount of 10% off the total order. This discount will only be applied if the client is 65 years of age or older. Limit one discount pre house hold.
(f) New Computer Quotes are good for one week from their issue date. If the client decided to follow up with a quote that is older than one week, The HaXers™ will not honor a quote that is older than one week. A new quote will be created and the client will need to accept the new quote before any purchases will be made. All new computer sales must be paid in full before a purchase will be made.
(g) Late Payments: All debts are to be paid within 30 days of their due date. If a payment is more than 30 days late a $25 late fee will be billed to the client and so on thereafter every 30 days late.
(h) Collections on a Debt: If The HaXers™ DO NOT receive your payment within 30 days of the payment due date, you, the client, will be sent to collections, for the total amount due plus any late fee and miscellaneous fee incurred.
(i) Lack of Funds: If you check/credit card/debit card payment is returned due to lack of funds or some other error a $55 service fee will be billed on top of your bill.

CHANGES, CANCELLATIONS AND REFUNDS

To change your order you must contact The HaXers™ at 541.951.1629.
You may cancel your order if you give The HaXers™ at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 541.951.1629. If pre payment was made and no services were performed, the payment amount will be fully refunded in the manner the purchase was paid minus a $25 dollar estimate fee. If you fail to give a notice of cancellation within the above stated time period, you will be charged a $55 cancellation fee.

If you are not satisfied with your service: Please call The HaXers™ at 541.951.1629 for resolution. We stand behind our In-Home Service for 30 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.

LEGAL NOTICE

The HaXers™ refers to a line of technology services provided by The HaXers™.

FOR IN-HOME SERVICES PROVIDED IN CALIFORNIA

An estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by The HaXers™  in writing, and The HaXers™  may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, The HaXers™ may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information contact the Bureau of Electronic and appliance Repair, Department of Consumer Affairs, Sacramento 95814.

THANK YOU

If you have any questions or concerns, please feel free to contact our S.A.M Division (sales and marketing) at 541.951.1629 or email them at sales@yourhaXer.com
Thank you for taking the time to review our Terms of Service Agreement. We look forward to doing business with you.