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.: Terms of Service

IMPORTANT CUSTOMER INFORMATION FOR ALL SERVICES OFFERED BY TexasPCRx (IN-STORE, ON-SITE, REMOTE)
TERMS AND CONDITIONS, REPAIR WARRANTIES, DISCLAIMERS


WARRANTY DISCLAIMER
TexasPCRx hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability, fitness for a particular purpose or any other warranty of any kind on any of the products or services which TexasPCRx   provides.
Computer systems, hardware components, peripheral devices, software and any other tangible component sold by TexasPCRx, are warranted only by the manufacturer or publisher of such component and are limited to the terms set forth by said manufacturer or publisher. TexasPCRx   is not responsible for obtaining warranty services or performance of warranty terms for any such component.
Services rendered by TexasPCRx  may void manufacturer warranties for a computer system, computer network system, or a related device. TexasPCRx   does not assume any liability or warranty in the event that the manufacturer warranties are voided. TexasPCRx   offers no verbal or written warranty, either expressed or implied, regarding the success of services rendered.


NO CONSEQUENTIAL DAMAGE
In no event shall TexasPCRx  , its subsidiaries or affiliates, or it’s respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, ‘TexasPCRx  ‘) be held liable for special, incidental, consequential, punitive, direct, indirect, physical, compensatory, punitive or any other damages, including but not limited to, physical injury, loss of data, loss of use, or loss of profits, however caused, whether for breach of contract, negligence, or otherwise, regardless if TexasPCRx   has been advised of the possibility of any such damages.
Revisions to these terms and conditions. TexasPCRx  may revise these terms and conditions at any time by publishing said revisions on TexasPCRx  ’ web site; texaspcrx.com All revisions to these terms and conditions are effective for transactions dated after the revisions. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.


OWNERSHIP
By agreeing to have TexasPCRx perform services on any computer system, computer network system, or related device, you certify that you are the expressed owner of said computer, computer network system or related device or are an authorized agent for the owner. In the event that you are found not to be the true expressed owner of said computer system, computer network system, or related device, you assume all liability for any claim made as the result of the services rendered by TexasPCRx   on said computer system, computer network system, or related device.


DEFINITIONS
Computer system is defined as the CPU enclosure and software (operating system, applications and other installed software).
Hardware is defined as any individual component that is contained within the Computer System such as hard disk drives, main boards, processors, memory modules or any other component contained within the Computer System.
Peripheral device is defined as any hardware item which attaches to the Computer System such as Printers, Monitors, Cameras, etc.
Data is defined as any information which is not part of the operating system, application software or other installed software such as pictures, word processing documents, e-mail, financial data, or any other user created information stored on the computer system.


TITLE TO GOODS
Title to purchased goods is retained by TexasPCRx until such goods are paid for in full by the purchaser or purchaser’s agent.
Warranty and Extended Service Contract Coverage Exceptions
Although a product may be covered under a manufacturer warranty or an extended service contract, we are not a warranty service center.  You will be charged for all repairs performed by us.


SERVICE WARRANTY
TexasPCRx provides a 45-day warranty for most repairs. This means that if within 45 days of service, a defect arises in the work performed; TexasPCRx will service your product again at no charge. You may have longer warranty coverage if your product is still covered under its original warranty or an extended service contract. Please review the terms of your warranty, extended service contract, or the Repair Terms and Conditions for details.


DIAGNOSTIC FEE
A diagnostic fee may be assessed for items that are either non-repairable or if a repair is declined for any reason.
IMPORTANT: TexasPCRx disclaims responsibility for all loss, corruption, or damage to software applications, data, or any information stored in any product given to TexasPCRx for service.  While we have no history of data loss, it is still your obligation to make sure your data is properly backed up before sending in your device for repair.


IN STORE REPAIRS
Rates and Minimum Charges
Data recovery and most devices are not charged a diagnosis fee.  For computers, diagnosis is free with any repair.  If you decline repairs for any reason, you will be assessed the following rate:  Desktop diagnosis $35, laptop diagnosis $69.


On Site Repairs
Minimum Charge; $109 residential or $129 business.
Charges are billed by the hour.


Diagnostics
Diagnostics fee of $20. Free with any repair, regardless of how long it takes us to diagnose a computer.


Estimates
After diagnosing the problem TexasPCRx will notify you with an verbal estimate to repair your system including any diagnostic charges if applicable. Your oral agreement to repair constitutes an Oral contract in which you agree to pay TexasPCRx   for the diagnostics and repair upon completion. Written estimates will be provided upon request.


Payment
Unless prior arrangements are made, payment is due when services are rendered. Payment may be by cash, check  or certified instrument. Any other arrangements must be made in advance of services being provided.


Payment by check
TexasPCRx   requires a valid Texas Driver License with every check. Returned checks will be assessed a twenty-five dollar ($25.00) return fee.


Abandoned Items
Unless prior arrangements are made, any item left for repair that is not picked up and paid for within 60 days of completion of said repair will be considered as abandoned. TexasPCRx   will notify you by certified mail that TexasPCRx   considers your item abandoned by you and if the item is not picked up and paid for within 15 days of our notification of your receipt of said notice, the item will be recycled by our e-waste recycler. The receipt by TexasPCRx   for the certified mail sent to you and further, accepted by you together with your failure to contact us within the 15 day time frame is your acknowledgement the item is indeed abandoned and you thereby transfer title to TexasPCRx for disposition. Abandoning and subsequent e-waste recycling of your item does not relieve you from the amounts due. TexasPCRx   reserves the right to pursue collections and by failing to respond you agree to be liable for any and all costs incurred in such collections. Prior to any further transactions with TexasPCRx, you will be required to remit in full on any previous amounts due plus provide pre-payment for any further services.

Return Policy - Your original receipt or invoice is required.


If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 10 days from the original invoice date, you may exchange the product or receive a refund, except as explained below.
Special order Computer Systems are non-refundable and non-returnable. Monitors, printers, and unopened computer parts may be returned within 10 days from the original invoice date and are subject to a 25% restocking fee (unless defective).
Any product that is returned without all item(s) included with the original product is non-refundable and non-returnable.
Opened software, games, videos, or computer parts are non-refundable and non-returnable. Used items are non-refundable and non-returnable.
Refunds will be made in the form of original payment. Purchases made by cash or check over $250 will be refunded by company check.


Recycling
We offer to our customers free recycling of unwanted or defective Computer Systems, Peripheral devices or hardware components. Hardware items replaced by TexasPCRx during the course of a repair will also be recycled at no additional charge.


Special Orders
Computer Systems and Peripheral devices: All computer systems and peripheral devices require a deposit equal to the cost of the system or device. Taxes, shipping and service charges are due upon delivery.
Shop Repairs: If a part is required to facilitate a repair that is not a standard part in TexasPCRx’s inventory, and the part has a cost over $200, customer will be required to pay a deposit of 100% of the cost of the part before part is ordered.
On-Site Repairs: If a part is required to facilitate a repair that is not a standard part in TexasPCRx’s inventory, and the part has a cost over $100, customer will be required to pay a deposit of 100% of the cost of the part before part is ordered.
Over the Counter Parts orders: All “Over the counter” parts orders require a deposit of 100% of the cost of the part before part is ordered.
If for any reason customer decides PRIOR TO REPAIR, not to purchase goods that have been ordered, customer will be solely responsible for shipping costs to and from manufacturer, plus a cancellation charge of 25% of the total order value.


HELPDESK SUPPORT
(a) Services: TexasPCRx 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 TexasPCRx 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 TexasPCRx shall not be responsible under any circumstance for any loss or corruption of data and/or software.


ON-SITE SERVICE
(a) Scheduling: Standard service hours are Monday-Saturday, 8 AM – 6 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.
(b) Service Jurisdiction: TexasPCRx sets the Service Jurisdiction within 20 miles of Kingwood Texas 77339. If a location lies beyond TexasPCRx’s standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the TexasPCRx standard Service Jurisdiction , please call 832 403 5507 for information pertaining to applicable trip charges.
(c) —.
(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 TexasPCRx TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A $69 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 TexasPCRx AGENT TO YOUR HOME OR BUSINESS. TexasPCRx 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 TexasPCRx Technician 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 TexasPCRx 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: TexasPCRx 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 TexasPCRx AND/OR ITS THIRD PARTY SERVICE PROVIDER.


FORCE MAJEURE: If TexasPCRx’s and/or its third party service provider’s ability to render services is impaired by you or circumstances beyond the control of TexasPCRx and/or its third party service provider, TexasPCRx and/or its third party service provider may choose not to provide services.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL TexasPCRx 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 TexasPCRx 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 ORDERING SERVICE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS TexasPCRx 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 TexasPCRx 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 TexasPCRx Customer Service at 832 305 7279.
If you are making a cancellation, please give TexasPCRx at least 4 hours’ notice prior to the scheduled performance of services.
Cancellations must be completed by calling: 832 305 7279.


If you are not satisfied with your service: Please call 832 305 7279 or e-mail service (at) info@texaspcrx.com for resolution. We stand behind our Phone Support services for 3 days. We stand behind our On-Site Service for 14 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.


IMPORTANT: Due to the unpredictable nature of complex computing systems, business environments (including but not limited to servers, networks or VPN connections) are NOT warranted or covered by this warranty period.








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