Terms and Conditions

Mogollon Rim Computer Services

Computer Repair Terms and Conditions Agreement

You acknowledging that you have read and understand, and agree to the computer repair terms and conditions agreement below.

YOU AGREE TO THESE REPAIR TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE REPAIR TERMS AND CONDITIONS, no estimate will be made, no work will be done and no charges will apply.

You have requested service from Mogollon Rim Computer Services, hereafter referred to as “MRCS”. MRCS will diagnose and service your computer for a fee as described
in our on-line published rate chart.

Satisfaction Guarantee for Services. MRCS guarantees that users of its services receive full value for their money. While in most cases this means solving the user's problem, there may be instances in which the problem is not resolved. In such cases the user may not be billed.

Services and Diagnostic Fee. MRCS will perform all necessary services reasonably necessary to properly complete the repair of your computer or system. *Note. Some repairs may require parts, which have to be supplied by the customer, which means that fault diagnosis and implementation of repairs, may take place on separate days. Time restrictions may also apply in either case the call out charge for the second visit would not apply

Data Protection. You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing MRCS to commence its services for you.

Transfer or Installation Services. Unless otherwise agreed, MRCS is not liable for and you agree to hold MRCS harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of MRCS services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize MRCS to transfer the information and accept such terms on your behalf in performing the service. If you are using non legal (pirated) software MRCS will terminate service and you will be billed for a fee of 1 (one) hour of service as described in our on-line published rate chart.

Public Domain Software. In the case of software that is available as "freeware", "shareware" or otherwise supplied from the public domain, such software is supplied to the client on an "as is" basis. MRCS makes no warranty as to fitness for purpose, performance or as to freedom from embedded malicious software.

Payment. Once service is complete, your payment for the actual costs incurred and the final sum owed, is due upon completion. Should it be determined in the course of the performance of diagnostics that the problems on your computer are hardware based, MRCS will notify you of same and you may take or send the hardware to a repair station of your choice or to MRCS, for service on the hardware; diagnostic fees may still be applicable. No adequate estimate of that expense can be determined without actually testing the hardware. All payments returned to MRCS for Non Sufficient Funds will be turned over to the Gila County Arizona, County Attorney’s office, for collection and prosecution.

Force Majeure. In the event MRCS delivery of the Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; power outages, technical equipment failures, or any other cause beyond MRCS reasonable control, then MRCS shall be excused from such delivery to the extent that it is delayed or prevented by such cause.

Warranty. In servicing your computer, MRCS warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 30days at the discretion of MRCS. There is NO warranty for removal of viruses, spyware, adware or malware; if they are the cause of a repeat effort, you will be charged again for that service.

THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY MRCS. MRCS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF MRCS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.

Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, MRCS HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. MRCS ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO MRCS ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY MRCS FOR SUCH SERVICE. MRCS HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. MRCS EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST MRCS IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID MRCS FOR THE SERVICE.

This agreement shall be construed under the laws of the State of Arizona. In the
event any dispute arises under this agreement or in any manner concerning the
subject matter thereof, the parties agree that any such dispute shall be subject
to binding arbitration only, and the parties expressly waive any and all rights
they may have to otherwise proceed with such dispute resolution in a court of law.
Any and all binding arbitration proceedings shall be undertaken as "fast track"
proceedings and shall only be commenced in Gila County, Arizona. Each party
shall bear its own costs and expenses of such proceedings, including any and all
resulting attorney fees. This paragraph is intended to be and shall be construed
as a forum selection clause, and the parties agree to bound hereto.