Warner Computer Services will be referred to as WCS/we/us/our and the entity engaging in business with WCS will be referred to as Client/you/your.

These are the terms that apply to you and us in the provision of our services and you acknowledge that we can vary these terms and conditions without notice to you. By receiving Service, you will be deemed to have accepted our complete terms, as listed at https://computerrepairsacramentoca.net/tos/ and they will apply to the exclusion of any others. You acknowledge that additional terms and conditions may apply to the provisions of the Services (depending on the type of Services we are supplying) and you agree that these terms also apply to the provision of those Services.

Services may be performed directly by WCS, third-parties contracted or hired by WCS, or services and/or service leads may be referred to a third-party service provider. You acknowledge and agree to abide by the terms and conditions applicable to third party goods or services provided to you by WCS, and you acknowledge that these terms and conditions may change from time to time.

SERVICES

WCS will provide Client with support services as described by this Agreement and your Services Provided Letter, if applicable. By requesting service, the Client certifies to be the equipment’s owner, authorized user, or authorized representative.

WCS may, at it’s sole discretion, choose to provide support over the phone, via remote access, on-site, or take equipment off-site for service or repair.

If WCS determines material is present of a graphic or pornographic nature, is stolen (or “pirated”. For example: software, music, or other data), or if file sharing software is present, at the sole discretion of WCS, service may be cancelled immediately and the minimum service call fee due for time and travel expense.

SERVICE RESPONSE AND RESOLUTION TIME POLICY

WCS target response and resolution times during business and non-business hours:

• Response Time & Resolution Time: Best Effort
• Support Type: Any
• Issue Priority / Severity: All

No stated or guaranteed service level agreement (SLA) exists beyond doing what we can to work toward a timely response and resolution. Maintaining the usability of your systems is our priority; however, at times, due to workload or other factors, we may be unavailable or with another client. Additionally, Client acknowledges that issues may be caused by third-party service providers or other factors beyond our control and affect our ability to provide a timely resolution.

DEFINATIONS AND INTERPRETATION

The following definitions have the meaning given to them:

• Acceptable Use Policy means our or our suppliers acceptable use policy as updated from time to time.
• Agreement means this Agreement and any other terms and conditions of ours which apply to the provision of support services.
• Confidential Information means all information of a party in any form including, without limitation, trade secrets, know-how, processes, techniques, source and object codes, passwords, encryption keys, software, computer records, business and marketing plans and projections, details of agreements and arrangements with third parties, customer information and lists, designs, plans, drawings and models and any other information which a party informs the other party is confidential.
• Services means support and/or services provided by us.
• WCS/we/us/our means Warner Computer Services.
• Client/you/your means the company, person or entity who requested and pays for Services rendered by Us. This includes your executors, administrators and assigns.

A reference in this Agreement to:

• the singular includes the plural and vice versa;
• a document includes any variation or replacement of it; and
• anything includes the whole or each part of it.

CLIENT RESPONSIBILITIES

The Client agrees and acknowledges that prior to requesting service from WCS, it is the Client’s sole responsibility to have a valid back-up of your systems, information, and data. The Client acknowledges and agrees that WCS shall not be responsible under any circumstance for any loss, corruption, or damage to data, software, or hardware.

IT IS THE RESPONSIBILITY OF THE CLIENT TO ENSURE THAT DATA TRANSFER OR BACKUP OPERATIONS PERFORMED BY WCS ARE ADEQUATE.

Client must provide WCS with all appropriate usernames and passwords required to access hardware, software, network, and cloud resources, and maintain all necessary media, license keys, and vendor contact numbers and provide access to that information when needed.

TERM AND TERMINATION

This agreement shall become effective upon date of signature by Client, shall continue in effect until updated or cancelled, and shall apply to future services WCS performs for the Client during this term.

The initial term for monthly services is one year from the beginning of the calendar month in which Services are deployed. This Agreement shall automatically renew for successive one-year terms for the life of the Client relationship. At any time, WCS or Client may choose to discontinue monthly services with a thirty day written notice.

WCS will provide Services in a competent manner, comparable to industry standards. If WCS does not provide Services in such manner and cannot rectify the problem(s), within sixty days from written notice in which Client identifies the problem(s), Client will have the right to terminate Service.

WCS, at its sole discretion, may immediately terminate this Agreement if Client: (a) becomes the subject of any proceedings under the Bankruptcy Act or other insolvency law, voluntary or involuntary, if such proceeding is not dismissed within ninety days; (b) suffers a receiver to be appointed for its affairs or property; or (c) enters into an assignment, or other an arrangement, for the benefit of its creditors, or suffers an attachment against or a seizure of a substantial part of its assets, equipment or its parts and inventories. However, Client’s responsibility for past due amounts shall survive each bankruptcy proceeding provided the acknowledgment of such liability by Client will not affect the discharge of Client regarding other general creditors.

Early Termination Charges: If, as a part of providing you with the Services, we have entered into a third party agreement with a supplier for the supply of equipment and/or Services which have been on supplied to you, and you terminate this Agreement early, you agree that we may recover the costs and expenses related to such third party agreement, as a debt on written demand to you and payable within thirty days of the date of the notice. We acknowledge that this does not abrogate our responsibility to minimize our losses in respect of this, and we will make reasonable endeavors to minimize our loss arising under this clause.

If either party terminates this Agreement, WCS will be available, at the Client’s request, to assist Client in the orderly transition of Services to a new service provider. Client agrees to pay WCS for rendering such assistance at our current hourly rates.

PAYMENT TERMS

Client will pay for additional travel expenses such as parking and tolls. The Client is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by us for enforcement of obligations and recovery of monies due from you to us.

Hourly Rates:

WCS will attempt to provide support services at our hourly rate. In certain cases, however, support may not be completed because of a problem that is beyond our control.

We reserve the right to change our rates from time to time, with or without advance notice. Hourly rates are for time worked and are NOT tied to a resolution.

Our current Hourly rates are listed at https://computerrepairsacramentoca.net/rates/ and are based on services provided during normal business hours defined as Monday through Friday, 8:00 AM to 5:00 PM PST, excluding national or personal holiday days. After-Hours and weekend support is available by appointment only and our rate is time and a half. Minimum hourly rates:

• On-site Service Call: 1.25 hr. minimum
• Remote Support: .5 hr (30 minute) minimum
• After Hours and Weekends: 2 hrs. minimum

Payment is due upon completion of service. Payment may be made by either check, credit card, or cash.

Monthly Services:

WCS will provide monthly services as detailed in your Services Provided Letter. Client acknowledges that the cost of Monthly Services is readjusted monthly to reflect changes in services provided.

Payment for Monthly Services is prepaid by Credit Card and automatically processed on the first day of each calendar month for that month. Our Monthly Services rates increase yearly, usually on June 1st, in line with inflation, which is approximately 3-10% per year.

Monthly Services do not include any block of time or hours, either remotely or on-site, unless listed in your current Services Provided Letter. Payment for Hourly support provided to Clients with Monthly Services is by Credit Card and automatically processed on the first day of each calendar month for the previous month.

Monthly Services Minimums:

• Monthly Services (business): $1000.00 minimum.
• Monthly Services (individual): $20.00 minimum.

Monthly Services Initial Setup: Upon completing a Monthly Services Agreement, Client will be billed for the first month’s fees and an initial setup fee equal to one month’s fees or the hourly time spent in setup, whichever is more. First and last month’s fees are not prorated. Initial setup fees do not cover costs associated with bringing Client’s environment up to current standards required for Services. Hardware replacement is handled on a case-by-case basis and as such, the cost varies and is typically considered a billable project.

Unlimited Remote Support: If your support includes unlimited remote support, it is designed and quoted to cover your existing technology during our normal business hours including, for example:

• Maintaining existing technology
• Supporting existing users.

As such, the following are examples of some things which are NOT factored into or included in the costs of monthly services and would be quoted separately or charged at our Hourly Rates:

• Adding, Moving, Changing, Deleting Current systems, software, users, etc.
• Projects
• Configuration changes / upgrades not related to the monthly services
• Malware / Ransomware outbreaks
• Disaster Recovery / Data Recovery
• Adding new technology, hardware, or software.
• Installation of any equipment not supplied by Warner Computer Services
• Maintenance of any equipment not installed by Warner Computer Services during the engagement of services.
• Any service provided outside of business hours
• Efforts to resolve a single issue which takes longer than 5 hours.

Projects: WCS will provide Client with a project scope and quote for approval for any requested service outside the scope of normal support or services which constitutes a Project, as defined by WCS. A Project may have a separate agreement for any work related to the Project. If the Project does not have a separate agreement all terms of this agreement apply to the work.

Work will be considered approved when email consent is provided by Client or approved personnel of Client. Work will not begin before receiving Client approval and an initial payment of 50% of estimated costs.

Late payment is payment not received within seven days past the invoice due date. There is a late payment penalty of 5% of the amount past due. In addition, all past due amounts, including the late charge, shall bear interest at the lower of 5% percent per month or the applicable maximum legal rate. There is a $40 charge on returned checks. WCS will not perform for clients with past due balances. This includes but is not limited to emergency services. You acknowledge that WCS shall not be held responsible for any consequences resulting from not performing for clients with past due balances.

If there are any late payments on your account, WCS, at its sole discretion and without waiving other rights it may have, may suspend, interrupt, cancel, and disconnect the Services on your account, or terminate your entire account, without notice to you. You acknowledge that WCS shall not be held responsible for any consequences resulting from canceling your monthly service.

ESTIMATE

An estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the Client by WCS in writing, and WCS may not charge for work done or parts supplied in excess of the estimate without prior consent of the Client. Where provided in writing, WCS 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, Sacramento 95814.

HARDWARE AND SOFTWARE AS PART OF THIS SERVICE

In order to provide Monthly Services, WCS may install and configure certain hardware, software, or third-party services to provide Services. Anything not expressly purchased by Client shall remain the property of WCS. If requested, Client is responsible to return equipment to WCS within 10 days. Client further agrees to cease the use and remove any technology that remains the property of WCS upon termination of this agreement. If anything at the Client site owned by WCS is stolen, damaged, destroyed, or not returned, Client must pay the equivalent of the current retail replacement value within 15 days of said event.

Upon termination of Monthly Services, WCS will uninstall, remove, revoke licensing, and cancel any third-party agreements used to provide Monthly Services. Client acknowledges that this may result in a loss of functionality or leave its systems without adequate protection. WCS shall not be held responsible for any damages resulting from the removal of service or software provided as part of our Monthly Services.

HARDWARE AND SOFTWARE PURCHASES

Purchases WCS makes for you require written consent via email and full payment in advance. There shall be added to the charges due any fees related to obtaining goods for Client. WCS may mark up merchandise at a reasonable percent as deemed by WCS.

To reduce waste and increase equipment life, whenever possible, WCS will either spec new hardware with an extended warranty or refurbished hardware with a warranty length similar to new equipment. Notify us if you have a preference. Hardware, software, and other merchandise is not refundable.

The warranty for hardware and/or software purchased from WCS is limited to the manufacturer’s warranty. No additional warranty is offered or extended from WCS beyond that. Hardware and/or software is not warrantied for any usability.

Monitor and Laptop Screens: Monitors and laptop display screens are allowed to exhibit two malfunctioning pixels and five malfunctioning sub-pixels per million. On a 1080p display, four dead pixels and ten dead sub-pixels would be within ISO tolerances and industry standards and is therefore considered an acceptable display. If WCS supplies an industry standard display and the Client requests replacement, the Client acknowledges replacement may take longer or incur shipping, handling, and/or replacement costs for which the Client is responsible.

EQUIPMENT AND FACILITIES

Client agrees that WCS may utilize certain items of Client’s equipment and hereby grants WCS entry and access to equipment and locations necessary for WCS to provide service. Access may be denied for any reason at any time, and Client retains title and ownership of all Client’s equipment owned by Client and utilized by WCS; however, if access to facilities is denied, Client understands that WCS may be unable to perform our duties adequately and if such a situation should exist, WCS will be held harmless. Client grants WCS permission to provide support by the method deemed most expedient by WCS, including, but not exclusive to, email, attended or unattended remote support (client consents to installation of remote support, diagnostic, and/or monitoring software), phone, and on-site support. For on-site service, an adult Client representative is usually required to be present. If WCS arrives at the scheduled time and no one is present, services will be cancelled, and client charged for our round-trip drive time at our Hourly Rates.

DISCLAIMER OF WARRANTIES

WCS makes no warranties that any support or services will keep the Client’s systems, information, and data secure against any or all current or future threats. If malicious threats are found, additional support fees may be necessary. Remediation of malicious software is not included in the delivery of the Monthly Services and is billed separately, at our hourly rate.

WCS makes no warranties that the any support or services will ensure the security, integrity, or availability of Client’s systems, information, and data. It is the responsibility of the client to ensure that operations performed by WCS are adequate. Data recovery is not included in the delivery of the monthly services and is billed separately, at our hourly rate.

WCS provides services “as is,” “with all faults” and “as available.” to the maximum extent permitted by applicable law, WCS makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that services will be uninterrupted, error free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non­infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Some jurisdictions do not allow the foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.

RELEASE OF LIABILITY

The Client, their heirs, personal representatives, and assigns, do hereby release, waive, discharge, indemnify, hold harmless, and promise not to sue WCS, Jonathan Warner, his family members, or any directors, officers, employees, agents, or any third party vendors, from liability from any and all claims, including the negligence of WCS, resulting in personal injury (including emotional injury or death), accidents or illnesses, property loss, the loss or breach of any data, hackers, ransomware, or cybersecurity incidents, the non-functioning of any component or element of the Client’s property, or any other loss, liability, or damage that the Client or any other third party may suffer in connection with the use of our Services. 

Client agrees that the total liability of us and the sole remedy of you for any claims regarding our Services is limited to your right to terminate this Agreement. In the event this limitation of damages is held unenforceable then you agree that our cumulative liability to you shall not exceed the amount you paid to us during the three months preceding the events giving rise to such liability. The existence of more than one claim shall not enlarge our limitation of liability.

You acknowledge that (a) WCS is in no manner responsible for any action or inaction of any third party, including, but not limited to, hardware or software vendors or Internet service providers; (b) WCS have not represented that our Services shall be uninterrupted, error-free, or without delay; and (c) WCS does not and cannot control the flow of data through the Internet, and such flow depends in large part on the performance of third parties whose actions or inaction can, at times, produce situations in which connections to the Internet (or portions thereof) may be impaired or disrupted. Accordingly, you acknowledge that we disclaim all liability related to events outside of our control and/or in the control of third parties, and you shall have no right to rely upon any representation or warranty of any third party in respect to the services.

RELATIONSHIP

The relationship of WCS to The Client is that of an independent contractor and not that of an agent or employee of The Client. It is expressly understood and agreed by the parties that The Client shall not have, nor exercise, any control or direction over the manner or methods by which WCS provides Services other than the right to require that the performance of such Services be in accordance and consistent with the terms set forth in this agreement. WCS is an independent Contractor and WCS is not employed by Client. WCS is hereby contracting with Client for the Services described in this Agreement and WCS reserves the right to determine the method, manner, and means by which the Services will be performed. WCS is not required to perform the Services during a fixed hourly or daily time. WCS shall not be required to devote his full time to the performance of the Services required hereunder, and it is acknowledged that WCS has other Clients and offers Services to the general public. The order or sequence in which the work is to be performed shall be under the control of WCS. Client shall not provide any insurance coverage of any kind for WCS, and Client will not withhold any amount that would normally be withheld from an employee’s pay.

CONFIDENTIALITY

WCS recognizes that in the course of performing Services, it may have access to confidential information. Accordingly, WCS covenants and agrees with Client that it will keep secret and treat confidentially the Confidential Information, and will not disclose any of the Confidential Information to any person or entity nor shall he use the Confidential Information for any purpose other than purposes which serve Client.

The parties must maintain and protect absolute confidentiality concerning Confidential Information unless the information comes into the public domain through no breach of this clause. A party may make such disclosures as it may in its absolute discretion think necessary to its legal advisers; its financial advisers and financiers upon those persons agreeing to maintain and protect absolute confidentiality of any information disclosed to them; and, to comply with any applicable law or the requirement of any regulatory body. This clause doesn’t apply to any Confidential Information which: was known by a party prior to its receipt from the other party; or Is provided to a party by a third party having no obligation to the disclosing party with respect to the Confidential Information.

The provisions of this Section shall survive the termination or expiration of the Agreement.

LEGAL CONSTRUCTION

These Terms shall be governed by and interpreted according to the laws of the State of California. Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Agreement shall continue in full force and effect.

DISPUTE RESOLUTION

In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If the dispute is unable to be resolved, either party may commence mediation and/or binding arbitration through the American Arbitration Association or any other forum mutually agreed to by the parties. The final arbitration decision shall be enforceable through the courts of the state of California.

NOTICES

All notices herein provided for or which may be given in connection with this Agreement shall be given in writing and can be given in person, by leaving it at the last known address, sent postage prepaid via regular mail, by email, or any other way permitted by law. If any such notice shall be given, it shall be addressed to the address we have provided.

Notices take effect, if sent by mail, on the day they would be received in the ordinary course of post; if sent by email, at the time shown in a transmission report or on the day the email enters the system of the host of an email address or internet service provider.

AGREEMENT PROVISIONS.

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

FAILURE TO ACT

Our failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in this Agreement, or failure to exercise any right or remedy available under this Agreement or at law, or our failure to insist upon timely payment of monies when due or to demand payment of any charges or fees which accrue or any extension of creditor forbearance under this Agreement shall not constitute a waiver of any subsequent default or a waiver of our right to demand timely payment of future obligations or strict compliance with this Agreement.

FORCE MAJEURE

WCS shall not be liable for failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by accidents beyond WCS’ reasonable control, such as, but not limited to fire, flood, pandemics, riots, civil unrest, war, natural disasters, or embargo, court order, or other intervention of any government authority. If WCS’ performance is delayed for these reasons, Client may terminate this Agreement by giving WCS written notice via email.