Site Use & Purchase Overview
All copyrighted and copyrightable materials we sell to you (also referred to as You, Your or Client’s Site) or provide on mycomputersolutionz.com (also referred to as Our Site), until written transfer of ownership, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, images, pictures, sound files, and other files, and the selection and arrangement (“Materials”), provided electronically or otherwise, thereof are ALL RIGHTS RESERVED Copyright ©2016 MY COMPUTER SOLUTIONZ. You are granted a limited, non-sublicensable right to access and print the Materials and conduct business on your site we have been contracted to build and/or repair for the use of one business only. Shopping Carts, WordPress products, and other added features (including themes) have separate Copyrights, and you agree to abide by their respective rules governing use. The foregoing license grant does NOT include the right for you to:
- Publish, publicly perform or display, sell or distribute to any third party (including additional businesses you own or operate) any Webpages, Graphics, Pictures, Materials, including reproduction on any computer network or broadcast or publications media;
- Market, sell or make commercial use of your site to a secondary company, including your own second business;
- Systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods for another purpose other than the work we have done for your business;
- Make derivative uses of your site or our site; or
- Use, frame or utilize framing techniques to enclose any portion of our site (including the images found at your site (or our site) or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, or by the expressed relinquishment of specific rights, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of MY COMPUTER SOLUTIONZ or any third party. Any unauthorized use of Your Site, or Our Site will terminate the permission or license granted by these Terms and Conditions and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Your Rights Pertaining to Data
Your Computer and Your Privacy
From time to time My Computer Solutionz recycles older computers and portable electronic equipment (Devices). For the protection of your data, you are strongly encouraged to destroy your hard drive(s). MY COMPUTER SOLUTIONZ takes no responsibility to protect any data stored on your device(s). Any stickers that are plainly seen showing serial numbers will be removed. Your computer and any Hard Drives are then taken to a local computer recycling center as is, unless another agreement is made. If MY COMPUTER SOLUTONZ agrees to destroy your Hard Drive(s), we will remove it/them and drill a single hole in the media. This, however, never ensures 100% destruction of your data and you release MY COMPUTER SOLUTIONZ from any liability to protect your information.
My Computer Solutionz reserves the right to retain any Device to be restored or used for spare parts. However, under no circumstance would we re-use a Hard Drive. We don’t reuse or record any serial numbers for old versions of Windows (or any other software) unless that is discussed up front. In that case, these PCs can’t be resold and this specific donation (For instance, you want to donate your old PC to a school or non-profit needing a computer) would need to be discussed up-front. We still don’t allow donations of Hard Drives to be reused under these circumstances. Refurbished PC’s are always re-sold with new Hard Drives, Operating Systems and Product Keys.
We welcome your comments and feedback. All suggestions, comments or testimonials submitted to MY COMPUTER SOLUTIONZ are non-confidential. MY COMPUTER SOLUTIONZ reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain MY COMPUTER SOLUTIONZ property.
Prices are subject to change. Estimates will be given prior to work detailing the work to be done and the price for that project. Hourly rates fluctuate, based on expertise needed and the technical aspects of the work. An Estimate or cost for one project doesn’t guarantee the same prices for subsequent projects. Any Estimate is valid for 30 days from creation. After 30 days, a new Estimate will be presented with any changes in cost or components.
PAYMENT: Invoices are due and payable in accordance with the terms on the front of the invoice, typically within 30-60 days. Some estimates/invoices will outline that 50% of charges are due up-front. The remainder of the payments are due according to the invoice, typically upon completion of the work. Some estimates/invoices may also offer a payment plan, but must be agreed upon before any work is started. Payments more than 30 days late will suspend work and any completed work (including purchased themes or third-party applications/services) are subject to being forfeited and become sole property of MY COMPUTER SOLUTIONZ. Deposits are non-refundable. A service charge may apply if work has been authorized by You and is then cancelled.
Deposits for computer troubleshooting, diagnosis, and website troubleshooting are due before consultation or work is performed.
An interest charge of 1.5% per month will be added to all past due accounts. There is a $20 service charge for all returned checks. Should it become necessary for MY COMPUTER SOLUTIONZ to retain an attorney to make demand upon or collect any past due invoices or statements, the customer agrees to pay all costs of demand or collection, including attorney fees, recording fees and court costs, incurred by MY COMPUTER SOLUTIONZ through all appeals, and bankruptcy proceedings, if any.
REPAIRS: Payment is due up-front for repairs made to a computer or mobile device (including screen repairs). Screen repairs have a $20 cancellation fee once an order is paid for to cover costs of materials on order. The remaining payment may be refunded, unless return shipping is requested. There are no refunds on completed computer repairs or upgrades, except for extenuating circumstances. Pre-paid fees may be requested for a refund, less $20, for time, supplies, or equipment ordered for such a repair within 24 hours of making a payment.
CONSULTATIONS are typically 15 minutes or less and are free unless otherwise discussed. Any troubleshooting over 15 minutes will have a minimum $30 charge.
ESTIMATES: Diagnosing computer issues, including phone troubleshooting, have a minimum $30 charge (see Diagnosing). There are no charges for Website or new project estimates, unless discussed up-front.
RETURNS/REFUNDS: With the exception of the items mentioned above, MY COMPUTER SOLUTIONZ will work with our clients during a 30-day period after a WORKING PRODUCT is presented to ensure your satisfaction! After that time, if a reasonable solution isn’t agreed upon, or a part of the project is no longer possible (at the discretion of MY COMPUTER SOLUTIONZ), you will be refunded a pro-rated amount. Refunds are made by check and mailed within 3-5 business days.
A WORKING PRODUCT means that 90% or more of the website is functional, there are no script errors or blank pages. You will be given access to your site when you are given a WORKING PRODUCT. This does not mean you will be free from 404 errors, images will be in place, or that your banking/payment modules will be complete and working. Since much of website projects rely on the customer to provide information and images to MY COMPUTER SOLUTIONZ, you may be invoiced before all work is complete. Customers are given 14 days from each request to provide needed information (pictures, files, quotations, text, etc.). After 14 days, MY COMPUTER SOLUTIONZ reserves the right to deem a project complete and request payment in full.
Though we strive for accuracy, occasionally, the information at MY COMPUTER SOLUTIONZ, including mycomputersolutionz.com, Estimates and Invoices may contain typographical errors, inaccuracies, or omissions in relation to services, pricing and availability. We apologize in advance for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Please note that colors and shades vary depend on your monitor. As a result, we cannot guarantee that your monitor will display the exact colors and shades displayed on a different monitor.
DIAGNOSING: In some circumstances MY COMPUTER SOLUTIONZ may not be able to diagnose an issue with 100% accuracy. We will try our best to provide the best options, however, based on the given circumstances. We may not be held liable for using our education, resources, knowledge of a similar issue, and best industry practice to determine your needs.
Links To and From Other Sites
Periodically, links may be established from this site to one or more external sites or resources operated by third parties (“Third Party Sites”). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. In addition, some Third Party Sites also may provide links to the MY COMPUTER SOLUTIONZ site. None of such links should be deemed to imply that MY COMPUTER SOLUTIONZ endorses the Third Party Sites or any content therein. MY COMPUTER SOLUTIONZ does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving this site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Links from another site to www.mycomputersolutionz.com are appreciated, but the user assumes all responsibilities for the Conditions stated herein when entering this site.
OUR SITE DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
CLIENT SITE DISCLAIMER
THE CLIENT’S SITE AND ALL CONTENTS OF THE SITE (AFTER OUR 30 DAY CORRECTION PERIOD) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT IT’S THE CLIENTS RESPONSIBILITY TO ENSURE PCI COMPLIANCE AS WELL AS THE SAFETY AND PROTECTION OF CUSTOMER PERSONAL INFORMATION (INCLUDED, BUT NOT LIMITED TO NAMES, ADDRESSES, PHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND CREDIT CARD OR BANKING NUMBERS). TO FURTHER PROTECT PRIVACY, NO CREDIT CARD INFORMATION OR SOCIAL SECURITY NUMBERS MAY BE STORED ON ANY DATABASE YOU USE OF OURS AT ANYTIME. YOU ALSO AGREE TO ENSURE YOUR SITE ABIDES BY ALL FEDERAL, STATE AND LOCAL LAWS (INCLUDED BY NOT LIMITED TO ACCURATE SALES TAX COLLECTION AND PAYMENTS TO THE CORRECT ENTITIES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
MY COMPUTER SOLUTIONS retains the right to login to your WordPress site and/or database at anytime while hosting on our servers or while doing routine business with you on servers you rent/own. This is not limited to correcting WordPress errors, backing up your files/database, or containing Malware.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MY COMPUTER SOLUTIONZ OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE YOUR SITE (OR OUR SITE) OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, YOUR SITE (OR OUR SITE), INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM MY COMPUTER SOLUTIONZ, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MY COMPUTER SOLUTIONZ (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY (OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MY COMPUTER SOLUTIONZ FOR ACCESS TO OR USE OF THIS SITE.
MY COMPUTER SOLUTIONZ WILL NOT BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGE TO YOU OR ANY OF YOUR CUSTOMERS THAT USE YOUR WEBSITE, OR FROM ANY CHANGES OR ADDITIONS THAT YOU MAKE TO THE SITE, AS YOU ARE RESPONSIBLE TO TEST YOUR OWN SITE BEFORE GOING LIVE.
Websites created by MY COMPUTER SOLUTIONZ have a limited 30 day limited warranty, starting at the point of a WORKING WEBSITE (30 days after receiving your final bill). Shopping Carts, the WordPress Platform, Themes, any Plug-ins and other product-coding used by permission have NO WARRANTY since this coding is done by third-parties. If Your Site is not to Your satisfaction within the warranty period, MY COMPUTER SOLUTIONZ will work within that time to correct this problem. MY COMPUTER SOLUTIONZ offers to fix or reorder your website during the first 30 days only. This warranty is contingent upon the proper use of Your Site and not deleting or changing files (even accidentally), and MY COMPUTER SOLUTIONZ does not in any way claim responsibility, or can it be held liable, for any monetary damages, breach in security of your site, or loss of coding sustained because of a defective web host, misuse, or negligence to any person(s) or properties. If Your Site incurs changes, deletion or loss of code, whether by a virus, other intrusive coding, or edits you make, whether or not You are aware of these events, voids this warranty. MY COMPUTER SOLUTIONZ doesn’t guarantee compatibility of our work with any previous website work.
TECHNICAL SUPPORT: During the warranty period, please call MY COMPUTER SOLUTIONZ directly for support. Work that goes beyond the initial Estimate will be billed at a minimum charge of (1) hour at $65/hour.
COMPUTER/DEVICE REPAIRS have a limited 90-day labor warranty. Parts are warranted according to their own manufacture. These warranties are void if your Device is subjected to adverse conditions, included but not limited to: moisture, excessive heat, dropping, viruses, and attempting self-repairs.
Changes and Modifications
We reserve the right to change or modify any of the Terms and Conditions or any policy of the site, at any time and in our sole discretion. If we decide to change our Terms and Conditions or a policy, we will post a new version on our site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms and Conditions (including its date) and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the site.
Choice of Law and Jurisdiction
If you use Our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Users of this site must be 18 years old or older. By using Our Site, you are representing to us that you are 18 years old or older. We will not be liable for any damages that may result from misrepresentation of age by a user of our site. MY COMPUTER SOLUTIONZ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
updated 6-23-16 mm