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| Terms & Conditions
The following terms of use apply only to the use of and purchases from the Home Computing Solutions, Inc. ("techinstall.net") website at techinstall.net (the "Home Computing Solutions, Inc. Website"). The terms "you", "your" and "yours" refer to the user/customer utilizing our website to purchase services ("Services") or to browse our website. The terms "we," "us" and "our" refer to Home Computing Solutions, Inc.. These terms may not apply to any other manner not utilizing the techinstall.net website.
GENERAL TERMS.
o 1
Disclaimer of warranty for Home Computing Solutions, Inc. techinstall.net Website.
We provide our website and its contents on an "AS IS" basis and make no warranty or representation regarding any product or Service, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, which are hereby expressly disclaimed, unless otherwise stated herein.
o 1.2
Errors on and Changes to our website.
Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information about a Service contains inaccurate or incomplete data, including data about the Service's price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
o 1.3
Damages.
In no event shall Home Computing Solutions, Inc., its parent or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
o 1.4
Governing law.These terms are governed and construed by the laws of the State of Minnesota without regard to its conflict of law rules. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect.
o 1.5
Privacy policy.
We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order period, unless compelled to surrender any information gathered due to a court order. Please read our Privacy Policy for more details.
o 1.6
“Home Computing Solutions, Inc." and the” techinstall.net." Website.
"Home Computing Solutions, Inc." and the techinstall.net Website are owned and operated by Home Computing Solutions, Inc. and or its subsidiaries. All references to "Home Computing Solutions or techinstall.net" are inclusive of :
• 2.
CONDITIONS FOR ONLINE SERVICE.
o 2.1
Acceptance of the Services.
You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online or by telephone; or (c) your use of the Service. This Agreement is made up of the terms below, plus the Privacy Policy, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which Home Computing Solutions, Inc (techinstall.net), and/or its authorized service provider(s), agrees to provide the Service to you.
o 2.2
Definition of Service.
For purposes of this Agreement, the term "Service" shall mean the Home Computing Solutions, Inc (techinstall.net) Computer or other electronic device installation service, including all technical support, email and other features, products and services provided by Home Computing Solutions, Inc (techinstall.net), and/or its authorized service provider(s) under the service option that you have selected. As part of the Service, Home Computing Solutions, Inc (techinstall.net), and/or its authorized service provider(s) may license to you, or assist you in licensing from third parties, software (see Section 2.5 below).
o 2.3
Authorized User, Use and Responsibilities.
You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that Home Computing Solutions, Inc (techinstall.net), relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your service. You agree to promptly notify Home Computing Solutions, Inc (techinstall.net), whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
Software Licenses and Third Party Services.
2.4
Third Party Software: As part of the Services, Home Computing Solutions, Inc (techinstall.net) may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Home Computing Solutions, Inc (techinstall.net) assists you in the acquisition, installation, and/or use of Third Party Software. Home Computing Solutions, Inc (techinstall.net) has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
2.4.1
We will provide technical assistance and support for third party software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
2.4.2
Your license to use third party software shall remain in full force and effect unless and until terminated by its third party licensors, providers or suppliers
2.4.3
Other Third Party Agreements: As part of the Services, Home Computing Solutions, Inc (techinstall.net) may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Home Computing Solutions, Inc (techinstall.net) may elect to make available from time to time. Violation of such third party provider's terms of service may, in Home Computing Solutions, Inc (techinstall.net)'s sole discretion, result in the termination of further services from Home Computing Solutions, Inc (techinstall.net).
Term and Termination.
2.5
This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement.
Terminated Account.
Home Computing Solutions, Inc (techinstall.net), in its sole discretion, may refuse to accept your request for services, for any reason.
Pricing and Payment.
2.6
Pricing and Fees.
Home Computing Solutions, Inc (techinstall.net) fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the Home Computing Solutions, Inc (techinstall.net) web site unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Services, plus the service call fee if applicable, as well as any, applicable taxes and other charges including but not limited to minimum service fees, no-show fees, fail to cancel fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to you for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, installation fees and other non-recurring fees, if applicable, will be included on your first bill at time of service. Home Computing Solutions, Inc (techinstall.net) or its agent will bill you directly, or charge your credit card, as you request and as approved by Home Computing Solutions, Inc (techinstall.net). Home Computing Solutions, Inc (techinstall.net) does not accept debit cards for payment of any charges or fees. Home Computing Solutions, Inc (techinstall.net) reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service.
2.6.1
Discontinuation of Services for Nonpayment.
Services to you may be denied or discontinued without notice at any time in the placement of Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.
2.6.2
Late Fees.
If any portion of your bill is not paid on the date of service, Home Computing Solutions, Inc (techinstall.net) may charge you a late fee on unpaid balances and may also terminate or suspend your request for service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event Home Computing Solutions, Inc (techinstall.net) utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
2.6.3
Missed Appointments.
If you do not contact Home Computing Solutions, Inc (techinstall.net) a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at Home Computing Solutions, Inc (techinstall.net)'s option, a missed appointment fee of $50.00.
2.6.4
Service Without Resolution.
Home Computing Solutions, Inc (techinstall.net) will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If Home Computing Solutions, Inc (techinstall.net) is unable to resolve your computer problem, you will still be liable for charges for time spent by Home Computing Solutions, Inc (techinstall.net) in an attempt to correct a problem.
2.6.5
Waiver.
The waiver of any fees or charges lies solely at the discretion of Home Computing Solutions, Inc (techinstall.net).
Limitations on Use of the Internet Services.
2.7
You agree that your use of the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
2.7.1
You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Home Computing Solutions, Inc (techinstall.net) and Home Computing Solutions, Inc (techinstall.net) is not responsible and has no control over the information, content or other materials, some of which may be offensive, undesirable, malicious or destructive in nature, which may be accessed through use of the internet. You further agree that Home Computing Solutions, Inc (techinstall.net) does not own or control any of the various facilities and communications lines through which internet service may be provided, nor does Home Computing Solutions, Inc (techinstall.net) guarantee access to or through websites, servers or other facilities on the Internet.
2.7.2
You agree that Home Computing Solutions, Inc (techinstall.net) cannot and does not guarantee or warrant that data available for downloading through the internet will be free of defects, infection or viruses, worms, trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to your internet service for the reconstruction of any lost data (backups). You agree that you are responsible for backing up your data. You agree that Home Computing Solutions, Inc (techinstall.net) is not responsible for the loss of, or corruption of any data stored within any computer, or device connected to any computer serviced by Home Computing Solutions, Inc (techinstall.net).
2.7.3
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Home Computing Solutions, Inc (techinstall.net) is not responsible for invalid destinations, transmission errors, or corruption or security of your data.
2.7.4
You are not authorized to use any Home Computing Solutions, Inc (techinstall.net) name or mark (including 'Home Computing Solutions, Inc (techinstall.net) as a hypertext link to any Home Computing Solutions, Inc (techinstall.net) Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Home Computing Solutions, Inc (techinstall.net). You understand that your ability to link to a Web site through techinstall.net does not, in any way, represent or imply Home Computing Solutions, Inc (techinstall.net) 's approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through techinstall.net are maintained by their respective organizations, which are solely responsible for their content.
Warranties and Limitation of Liability.
2.8
You acknowledge and agree that the services provided hereunder are provided on an "as is" or "as available" basis, with all faults. Except as otherwise specifically set forth in this agreement, and as otherwise specifically set forth in any manufacturer warranty for any equipment or software provided by Home Computing Solutions, Inc (techinstall.net) and/or it’s authorized service providers (But only if such warranty is included with such equipment or software), Home Computing Solutions, Inc (techinstall.net) (And it’s officers, employees, parent, subsidiaries, affiliates and agents), it’s third party licensors, providers and suppliers, including global service providers (GSPS), disclaim any and all warranties for services provided, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statute. No advice or information given by Home Computing Solutions, Inc. or it’s representatives shall create a warranty. Use of Home Computing Solutions, Inc (techinstall.net) COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
2.8.1
Home Computing Solutions, Inc (techinstall.net) does not warrant that the services, or parts provided by Home Computing Solutions, Inc (techinstall.net) or it’s authorized service providers will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. Home Computing Solutions, Inc (techinstall.net) SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. Home Computing Solutions, Inc (techinstall.net) makes no warranty regarding any transactions executed using the internet. Home Computing Solutions, Inc (techinstall.net) makes no warranty regarding the content and information accessed by using the internetor any links displayed. You expressly assume all risk and responsibility for use of the internet generally.
2.8.2
In no event shall Home Computing Solutions, Inc (techinstall.net) (or it’s officers, employees, parent, subsidiaries, affiliates or agents), it’s third party licensors, providers or suppliers, including gsps, be liable for: (A) Any direct, Indirect, Special, Consequential or Incidential Damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the internet, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Home Computing Solutions, Inc (techinstall.net) has been advised of the possibility of such claim or damages, or (B) any claims against you or any other party.
2.8.3
All limitations and disclaimers stated in this paragraph also apply to Home Computing Solutions, Inc (techinstall.net)'s Third party licensors, Providers and suppliers, including gsps, as third party beneficiaries of this agreement.
2.8.4
Any rights or limits stated herein are the maximum for which Home Computing Solutions, Inc (techinstall.net) (and it’s officers, employees, parent, subsidiaries and affiliates), Home Computing Solutions, Inc (techinstall.net)'s Third party licensors, Providers and suppliers, including gsps, are collectively responsible.
2.8.5
The remedies expressly set forth in this agreement are your sole and exclusive remedies. You may have additional rights under certain laws (Such as consumer laws), which do not allow or limit the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, our exclusions or limitations apply to you to the maximum extent allowed by applicable law.
o 2.9
Indemnification.
You agree to defend, indemnify and hold harmless Home Computing Solutions, Inc (techinstall.net) from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your internet account, with or without your permission, to access the internet); (b) the use of the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the internet); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the internet); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Internet.
Notices.
2.10
Notices required under this Agreement by you shall be provided to the Home Computing Solutions, Inc (techinstall.net). Notices by Home Computing Solutions, Inc (techinstall.net) to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
2.10.1
With regard to electronic communications, you and Home Computing Solutions, Inc (techinstall.net) further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
General Provisions.
2.10.2
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to software licenceses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
2.10.3
Home Computing Solutions, Inc (techinstall.net) will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
2.10.4
You agree not to assign or otherwise transfer, this Agreement in whole or in part. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
2.10.5
You and Home Computing Solutions, Inc (techinstall.net) agree that the substantive laws of the State of Minnesota, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. You and Home Computing Solutions, Inc (techinstall.net) Consent to the exclusive personal jurisdiction of and venue in a court located in Stillwater, MN for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this agreement or to the services provided. Except as otherwise required by law, including Minnesota laws relating to consumer transactions, any cause of action or claim you may have with respect to services rendered must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
2.10.6
In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Services offered to reflect any change in any applicable tariff or underlying network service or component affecting the Service.
2.10.7
Home Computing Solutions, Inc (techinstall.net)'s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
2.10.8
This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and Home Computing Solutions, Inc (techinstall.net) with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
• 3.
OWNER OF THE Home Computing Solutions, Inc (techinstall.net) WEBSITE AND THE Home Computing Solutions, Inc (techinstall.net) BRAND.
The Home Computing Solutions, Inc (techinstall.net) brand and the Home Computing Solutions, Inc (techinstall.net) Website are owned and operated by Home Computing Solutions, Inc. All references to "Home Computing Solutions, Inc (techinstall.net)," the "Home Computing Solutions, Inc (techinstall.net) Website," "us," "we," and "our" are references to Home Computing Solutions, Inc. In some instances, Home Computing Solutions, Inc. may use an authorized third party to perform the Services under the Home Computing Solutions, Inc (techinstall.net) brand.
4. Site You agree that the work area will be accessable and free of safety hazards. Pets, and small children should be kept away from the technician while the technician is on site performing the agreed to services. Neither Home Computing Solutions, Inc.(techinstall.net), it's employees or subcontractors, if any, will do any wiring, running of wiring or any destructive installations of any kind. We provide hook-up and diagnostic services only. A person of at least 18 years of age must be present during service call. If only minor children are present, technician will not enter home and you will be charged the service call fee.
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