TERMS AND CONDITIONS

1. DEFINITIONS

1.1 YOU/YOUR - means the person contacting “Cape PC Fix” and/or anyone who authorizes access to the computer system to be serviced.
1.2 WE/US - means “Cape PC Fix”, its subdivisions, affiliates and agents
1.3 Service - shall mean the “Cape PC Fix” service, including all technical support, products and services provided by “Cape PC Fix”. The service may be referred to as, "Cape PC Fix”, "Cape PC Fix support service", " Cape PC Fix service", "Cape PC Fix” computer services" etc.
1.4 Hardware - means any physical equipment directly involved in the performance of data-processing or communications functions.
1.5 Software - means the programs, routines, and symbolic languages that control the functioning of the hardware and direct its operation software products whether owned by customer or licensed directly to customer from a third party.
1.6 Peripheral - means any device with an external connection to the computer system such as printers, monitors and scanners.
1.7 Product - means any hardware or software.

2. SERVICES

2.1 Limitations to service: At any time, WE reserves the right to refrain from providing any or all services ordered and instead refund the customer's payment, wholly or in part, and shall not be responsible under any circumstance for any loss. “Cape PC Fix” services may not be available at all times, and may not be available in the format generally marketed.
2.2 Force majeure: if “Cape PC Fix” ability to provide computer services is impaired by you or circumstances beyond the control of “Cape PC Fix”, “Cape PC Fix” may choose not to provide or to discontinue any services.
2.3 Authority: YOU should provide US with the name(s) of authorized person to direct our services and questions. Also, an adult must be present at all times for US to provide any service on-site. If not available, no service will be provided and a 1 hour service fee will be billed.
2.4 Access: WE must receive full access to the computer(s) and/or peripheral(s) to be serviced, YOUR consent and cooperation to enter YOUR premises, a safe working environment with working space and electrical power. If not available, service may be denied and a displacement fee will be billed.
2.5 Assumptions: WE assume that all computer system and software keys are legal and legitimate. All hardware, software and peripherals are assumed to be free from defect and viruses unless clearly stated by YOU. Any damage arising is YOUR responsibility and YOU will keep US free from any proceeding.

3. LIABILITY

3.1 Release of liability: under no circumstances shall “Cape PC Fix”, its subdivisions, affiliates and agents be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, any expenses incurred, loss of profits, loss or corrupted data, or other liability arising out of, or inability to use your computer equipment, hardware, software, peripherals, or network resulting from the services provided hereunder.
Cape PC Fix” will not be held liable for lost data or any damage resulting from services provided by “Cape PC Fix”. We cannot be held responsible for computers in a previously unknown condition. These computers could be in a condition of imminent failure and, as such, could fail during a “Cape PC Fix” repair or support session and appear to have been caused by the repair or support session. Although our support technicians take precautions, there is always a risk of accidental data loss. By purchasing support and services from “Cape PC Fix”, you agree to all the terms of service herein and assume all risks. Also, “Cape PC Fix” will not be held responsible for any damages caused by the services of any third-party service providers either we recommend them to you or not.
3.2 Limitation of remedy: by requesting services from “Cape PC Fix”, its subdivisions, affiliates and agents you affirmatively release and hold us harmless from and against any proceedings for loss, liability, or damage that you or the owner or lessee may suffer. : to the extent permitted by law, you agree that “Cape PC Fix” total liability for damages related to its services is limited to the total amount you pay for the services, and you release “Cape PC Fix” from liability for any indirect, incidental, special, or consequential damages. “Cape PC Fix” is not liable for loss, alteration, or corruption of any data or for your inability to use your computer equipment or other product.
3.3 Severability: The terms stated herein are declared to be severable. If any provision of contained herein is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

4. USER RESPONSIBILITY

4.1 User responsibility: you understand and agree that prior to contacting or allowing “Cape PC Fix” to perform diagnostic repair or any other services on your computer, 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 “Cape PC Fix” technician to your home or business. “Cape PC Fix” 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. You acknowledge and agree that “Cape PC Fix” shall not be responsible under any circumstance for any loss or corruption of data and/or software.

5. WARRANTY POLICY, RETURNS, REFUNDS

5.1 Hardware and software warranty:
Returns for a refund: We have a strict 21 days refund policy, from the date hardware or software was ordered from the manufacturer or a reseller, on hardware or software that was provided by us and paid by you. In no event shall we provide a refund on any hardware or software acquired directly by you even in the event that this hardware or software was recommended by us. In no event shall we provide a refund on any hardware or software that was provided to you free of charge. Beyond 21 days customer seeking a refund agrees to contact the hardware or software manufacturer directly. A 15% restocking fee will be applied to all returns for refund unless hardware is found to be defective after we examine it.
Returns for an exchange: We offer 30 days exchange policy on software or hardware, from the date hardware or software was ordered from the manufacturer or a reseller, on hardware or software that was provided by us and paid by you. In no event shall we provide an exchange for any hardware or software acquired directly by you even in the event that this hardware or software was recommended by us. In no event shall we provide an exchange on any hardware or software that was provided to you free of charge. Beyond 30 days customer seeking an exchange agrees to contact the hardware or software manufacturer directly.
5.2 Labor warranty: If you are not satisfied with your service we will be more than happy to find a resolution for you. We stand behind our labor service for 45 days since service date; - you pay only for any additional parts unused in the repair. Please note this has to be directly related to the service that was purchased and issues that arise that are unrelated will be charged at the going hourly service rate. Software setup, system setup, and configuration problems are not covered under any warranty. A $25.00 storage fee will be assessed on all equipment left for more than 30 day without written prior approval. All equipment left for repair and unclaimed for a period in excess of 60 days without written authorization shall be disposed.
5.3 Cancellations policy: If for any reason customer decides not to purchase goods that “Cape PC Fix” has ordered for him, customer will be solely responsible for shipping costs to and from manufacturer, in addition to a cancellation charge of 5% of the total order value.
5.4 Manufacturer warranty: “Cape PC Fix” does not warrant other manufacturers' products. However - the products are backed by the limited warranty provided by the original manufacturer or publisher only. We encourage you to consult your product information for specific limited warranty information. Software is subject to the end-user license agreement and may not be in the manual or any other media. We encourage you to review the software publisher's policy prior to your purchase of the software
5.5. Please note: Software setup, system setup and configuration problems are not covered under any warranty. Transaction, Shipping and handling fees are non-refundable. All refunds will be made in the form of a company check.

6. PAYMENTS

6.1 Prices: All invoices are payable upon receipt.
6.2 Late fees: If payment is not received within 30 days you may have to pay an additional fee of 3% per month from total invoice balance.

7. PROPRIETARY RIGHTS

7.1 “Cape PC Fix” respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials.

8. ACCEPTANCE OF POLICY

8.1 We reserve the right to modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on our web site www.capepcfix.com. You agree to review the agreement periodically to be aware of such modifications and your continued use of our services shall be deemed as your conclusive acceptance of the modified agreement.