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Agreement:
Affordable Computer Services On-site Service Agreement DEFINITIONS For purposes of this Agreement, these terms should be defined as follows: “ACS” or “Company” means Affordable Computer Services, a company of Advanced Technical Solutions, LLC. “Service” or “Services” means any work performed in an effort to fix or modify technology in any way shape or form. “Customer” means the business or an individual over 18 years of age who is seeking Services from ACS. A “Virus” or “Viruses” means a software program or programs, respectively, capable of reproducing itself and usually capable of causing great harm to files or other programs on the same computer. “Technology” means any computers, servers, printers, routers, or any other devices that fit the scope of Service by an Information Technology Service Company. The “Service Professional” means an individual appointed by ACS, or another company appointed by ACS, to provide Services to the Customer. The “Time of Service” means the ranged window of the exact hours and minutes of the time of the Services (I.E. Wednesday, January 1, 2010, 2:00 EST to Wednesday, January 1, 2010, 3:00 EST). The “Agreed Hourly Rate” is the company fixed hourly rate which is verbally understood by the Customer at the Time of Service. LIMITATIONS OF AFFORDABLE COMPUTER SERVICES’ LIABILITY I understand and agree that viruses are software programs that are written by human beings with the intention of causing great harm. I understand and agree that the Service Professional will provide Services in the area of Virus detection and removal to the best of his or her ability. However, I also understand that due to the nature of Viruses and because they are intended for damaging purposes, neither ACS nor the Service Professional is able to make any guarantee and will not be held liable for any resultant programs or files that may or may not be in existence or “working,” “opening,” or “running” after the Services are rendered and that I will still compensate ACS fully for their time following the Services. Due to the inherent nature of Viruses, neither ACS nor the Service Professional will be held liable for any reoccurrence of Viruses. I understand that any precautionary tools or software programs that are suggested by the Service Professional are an experienced and educated effort at protecting my Technology and are preventative attempts and are not a guaranteed solution. I understand that the best way to remove a Virus is a complete erasing of any infected drives and the only way to best avoid obtaining a Virus on a computer is to not use one. I understand and agree that ACS is a professional and reputable business and uses industry accepted programs, solutions, and repair tactics and because of this will not be responsible for any data or software loss following any Service and will not be responsible for any business costs relating to any resultant downtime. I understand that the only way to fully prevent data loss is to have a backup of all files prior to the Time of Service. I understand and agree that I will be invoiced for any and all requests made to any representative of ACS. I understand that verbal or written estimates are only experienced guesses and are by no means a guarantee of the amount of time a project will take. I have the right to ask ACS to brief me at set intervals of time to guarantee that I am not surprised by the final invoice total. I hereby further understand and agree to compensate ACS at the Agreed Hourly Rate for Services rendered regardless of the success or failure of the Services and regardless of the number of reoccurrences. I understand that due to the nature of the industry and factors beyond their control, ACS works on a time basis and not a success basis. I understand that I may ask ACS to stop working on my Technology at any time and that I will not be invoiced for any time other than the duration of the Time of Service. I agree to inspect my Technology before the departure of the Service Professional and compensate ACS fully at the Agreed Hourly Rate within 15 minutes of the Time of Service with no reservations, in the form of cash or check. I understand that ACS is not responsible for any problems with my Technology after a “mutually agreed completion and departure from the site.” Any and all disputes may be subject to the decision of a judge or mediator in the appropriate division of the county courthouse. By allowing ACS to work on my Technology, I hereby agree to the aforementioned terms and conditions for services rendered today or in the future, unless or until appended to by either party.