THE FOLLOWING TERMS OF SERVICE APPLY TO SERVICES ("PAY FOR SUPPORT" AND "IN-HOME OR IN-SHOP SERVICES") ORDERED FROM MOUNTAIN TOP COMPUTERS OVER THE PHONE, THROUGH EMAIL, INSTANT MESSENGER, IN PERSON OR ANY OTHER MEANS, DOING BUSINESS w/ MOUNTAIN TOP COMPUTERS (1 518 734-5477).
TERMS AND CONDITIONS
PAY FOR SUPPORT
(a) Services: Mountain Top Computers will attempt problem diagnosis and a solution over the telephone for an applicable 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 Mountain Top Computers 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 Mountain Top Computers shall not be responsible under any circumstance for any loss or corruption of data and/or software.
(a) Scheduling: Standard service hours are Monday-Friday, 9 AM – 7 PM, Saturday 10 AM – 5 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.
(b) Service Jurisdiction: Mountain Top Computers sets the Service Jurisdiction for it's store. If a location lies beyond Mountain Top Computers's standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the Mountain Top Computers standard Service Jurisdiction , please inquire at a Mountain Top Computers or call MOUNTAIN TOP COMPUTERS 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 MOUNTAIN TOP COMPUTERS AGENT ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $129 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 MOUNTAIN TOP COMPUTERS AGENT TO YOUR HOME OR BUSINESS. MOUNTAIN TOP COMPUTERS 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):
- All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM.
- Password(s) for operating systems(s) and/or ISP must be available at the time of service.
- Microsoft Windows 98 SE operating system or greater.
- Operating System disc and Key Code must be available at the time of service.
- All computers and/or peripherals to be networked must be in good working order and Spyware-free.
- For all broadband installations, the broadband services must be installed and operational prior to the time of service, including connections to any broadband modem.
- Broadband connections exclude DirecPC™ and DirecWay™ services.
(g) Access: The Mountain Top Computers 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 MOUNTAIN TOP COMPUTERS 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 $129 CANCELLATION CHARGE WILL BE ASSESSED.
TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES:
LIMITATIONS TO SERVICE: MOUNTAIN TOP COMPUTERS 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 MTCS AND/OR ITS THIRD PARTY SERVICE PROVIDER.
FORCE MAJEURE: If Mountain Top Computers's and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of Mountain Top Computers and/or its third party service provider, Mountain Top Computers and/or its third party service provider may choose not to provide services.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL MTCS, MOUNTAIN TOP COMPUTERS 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 MOUNTAIN TOP COMPUTERS 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.
RELEASE OF LIABILITY: BY SIGNING THE FORM ON THE OPPOSITE SIDE OF THIS PAGE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS MTCS, MOUNTAIN TOP COMPUTERS AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR 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 MOUNTAIN TOP COMPUTERS 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.
CHANGES, CANCELLATIONS AND REFUNDS
To change your order you must contact Mountain Top Computers Guidance Engineers at MOUNTAIN TOP COMPUTERS (518-734-5477).
You may cancel your order if you give Mountain Top Computers at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 1 800 MOUNTAIN TOP COMPUTERS (1 800 433 5778). The payment amount will be fully refunded in the manner the purchase was paid.
If you are not satisfied with your service: Please call MOUNTAIN TOP COMPUTERS (1 800 433 5778) for resolution. We stand behind our Pay for Support services for 5 days. 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, if it has to do with the original problem and no other issues.
Mountain Top Computers® refers to a line of technology services provided by MTCS (all subsidiaries and affiliates of Mountain Top Computer Shoppe., Inc. are referred to as "MTCS"). Any reference to MTCS in the Terms of Service is a reference to Mountain Top Computer Shop INC.
In bringing my personal computer for maintenance or repair Mountain Top Computer Shop Inc., I understand and agree to the following:
* Mountain Top Computer Shop Inc. does not accept responsibility for any damage to my computer's hardware or peripheral devices.
* Mountain Top Computer Shop Inc. does not accept responsibility for backing up any data or installed software applications that may be on my computer's hard drive. I am responsible for making sure that any critical data is backed up before bringing my computer to MTCS and for providing copies of any licensed software if necessary.
* I acknowledge that a Mountain Top Computer Shop Inc. technician will work on my computer as soon as possible after I bring it in. * When I drop off my computer, a Mountain Top Computer Shop Inc. technician will give me an estimate of when the repair or maintenance will be finished. If this estimate changes, the technician will notify me at the phone number or email address listed.
* I understand that when I bring in my system for repair and/or work that I will be charged a minimum of 1 hour work on the computer. Any further work needed will be quoted. * When I pick up my computer, I will make sure that I also pick up all peripheral devices and media, and I will not hold Mountain Top Computer Shop Inc. responsible for the subsequent loss of any items that I may leave behind.
* Mountain Top Computer Shop Inc. technicians will work on my computer to the best of their abilities; however Mountain Top Computer Shop Inc. does not guarantee that its technicians will be able to solve the problem or problems that my computer is experiencing.
PLEASE READ BEFORE TURNING IN YOUR SYSTEM: Make sure that you have any CDs or cables that came with the system at the time of turn in. Failure to turn in these items may result in the delay of your repair. Imagine taking your car in for service and not leaving the keys, its the same thing!
Most of the time spent repairing a computer is diagnosing the problem. The actual repair could take as little as 5 minutes, but figuring out and isolating problems; especially multiple connected or unconnected issues, intermittent problems or some difficult troubleshooting can take hours or sometimes days, depending on the tools and software / diagnostics that are needed to run. Some diagnostics take much time; as in defragging a hard drive or running a scan disk or virus / spyware killing..