
Terms of Service
These are
additional terms and conditions pursuant to
which
CompTech, Inc. ("us" or "we") shall provide
Customer ("you") with services:
I. Services
You retain us to perform, or cause to be
performed, services for you as described by your
telephone, onsite, or online service order
("services"). We may decline to perform any
services requested by you that may be in
violation of any applicable law or other
obligation, or that are not typically associated
with our standard services.
II. Customer's Obligations
2.1 You agree to pay us the fees on your service
order. If you
request additional services or change the
service request, you agree to pay for the
additional or changed services. If you do not
pay for services when due, we may stop work
immediately and charge interest on the past-due
amount at the rate equal to the lesser of 1 1/2%
per month or the highest rate allowed by law.
2.2 You agree to provide our personnel access to
all equipment,
data, disks, or other needed materials for
service, and to notify us of (1) any potential
safety or health hazards that may exist at your
location or with your equipment and (2) any
safety procedures to be followed while at your
location. You represent and warrant that you
have the legal right to use or posses all
files/data on your equipment. If we find
materials on your equipment that appear to us to
be illegal or obscene, we may stop work and/or
contact the authorities.
III. Term and Termination
The term of this agreement will extend from the
date listed on your service order to the
completion of the service requested, unless
terminated sooner. We can terminate this
agreement, with or without cause, upon notice to
you. If we terminate agreement, we will give you
a pro-rata refund based on services performed up
to the date of termination. We will not be in
default of this agreement or be liable for any
delay, failure in performance, or interruption
of service resulting from our termination or
cessation of services, or from any cause beyond
our reasonable control.
IV. Limitations and Warranty
4.1 With respect to any equipment, part, or
component covered
by a manufacturer's warranty, CompTech, Inc.
shall perform
repair services pursuant to such warranty when
authorized to act as an authorized services
agent for such manufacturer in making warranty
repairs. Otherwise, warranty questions or
problems with respect to any equipment, parts,
or components must be addressed directly to the
manufacturer by Customer. Customer must show
proof of purchase to qualify for warranty
services. Replaced parts become property of
CompTech, Inc. or the respective manufacturer if
exchange is required.
4.2 Unless otherwise stated, all materials,
supplies, parts, and
other products supplied under this agreement are
provided on an
"AS IS" basis. EXCEPT WHERE PROHIBITED BY LAW,
COMPTECH, INC. DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO ANY SERVICES, PARTS,
COMPONENTS, OR PRODUCTS DELIVERED OR RENDERED
HEREUNDER.
4.3 Limitation of Liability - COMPTECH, INC
ENTIRE LIABILITY AND YOUR EXCLUSION REMEDY, FOR
DAMAGES FROM ANY CAUSE WHATSOEVER, WHETHER
CAUSED BY AN ACT, OMISSION, OR NEGLIGENCE OF
COMPTECH, INC. OR ANY EMPLOYEE REPRESENTATIVE
AGENT, OR CONTRACTOR OF COMPTECH, INC. AND
REGARDLESS OF THE FORM OF ACTION, SHALL BE
LIMITED TO A REFUND OF THE AMOUNTS ACTUALLY PAID
BY YOU FOR SERVICES. THIS LIMITATION DOES NOT
APPLY TO DAMAGES OF TANGIBLE PERSONAL PROPERTY
OR BODILY INJURY LEGALLY CAUSED BY COMPTECH,
INC. HOWEVER, IN NO EVENT WILL COMPTECH, INC. BE
LIABLE FOR DAMAGES CAUSED BY YOUR ACTS,
OMISSIONS OR NEGLIGENCE, OR FOR INCIDENTAL,
INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER
SPECIAL DAMAGES, LOST PROFITS, LOSS OF USE OF
EQUIPMENT, LOSS OF FILES OR DATA, OR COST OF
SUBSTITUTE EQUIPMENT, EVEN IF COMPTECH, INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR COSTS, OR FOR ANY CLAIM AGAINST YOU BY ANY
THIRD PARTY. THIS LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY PROVIDED HEREIN.
V. Abandoned Equipment
Our attempt to notify you may be by telephone,
e-mail, facsimile,
courier, mail, or any other reasonable method.
We are not responsible for any items in our
possession over 30 days.
VI. Entire Agreement
6.1 This agreement, including attachments,
constitutes the entire
agreement of the parties regarding the subject
matter hereof, and
supersedes all prior agreements and
understandings, both written and oral, among the
parties, or any of them, with respect to the
subject matter here of.
6.2 This agreement may not be amended, modified,
superseded
or otherwise altered, except by a written
instrument signed by an
authorized representative of each party. Oral
amendments are not
effective.
6.3 If any provision of this agreement is held
to be illegal, invalid, or unenforceable
provision had never compromised a part hereof,
and the remaining provisions hereof will remain
in full force and effect and will not be
affected by the legal, invalid, or unenforceable
provision or by its severance.
6.4 If CompTech, Inc. is providing services
under a service plan you purchased, the terms
and conditions of the service plan govern this
service in the event of a conflict between these
terms
and conditions in the service plan. |