TERMS AND CONDITIONS FOR TELEPHONE, ON-SITE, REMOTE PC REPAIR, and TECH SUPPORT

PAY FOR SUPPORT/TECH SUPPORT
(a) Services: Convertec will attempt problem diagnosis and a solution over the telephone, remotely over the Internet, or on a carry-in basis 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 Convertec to perform diagnostic repair or remote support 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 Convertec shall not be responsible under any circumstance for any loss or corruption of data and/or software.

LEAVING COMPUTER EQUIPMENT AT CONVERTEC OFFICES
You are agreeing to leave your computer equipment and/or data at Convertec's offices entirely at your own risk. You are agreeing that you will not hold Convertec responsible for theft or damage to your equipment or data. Payments are due and payable 30 days from the date of drop-off, regardless of whether or not you have picked up your property. Please contact Convertec via phone before attempting pickup to be sure that someone is there to assist you. Any property not retrieved during normal business hours after 30 days after drop-off becomes the sole property of Convertec.

ON-SITE SERVICE
(a) Scheduling: Standard service hours are Monday-Friday, 8 AM – 7 PM, Saturday 10 AM – 6 PM. Additional charges may apply for expedited response services or service outside of normal hours.
(b) Designated Market Area: Convertec sets the designated market area (DMA) for each city and location. If a location lies beyond Convertec’s designated market area (DMA), additional trip charges may apply. To determine if your location is within the designated market area , please inquire by calling 1-800-928-3109 for information pertaining to our designated market areas (DMA) and any applicable trip charges.
(c) Additional Hardware or Software Install/Service: This service is only available to clients who have already purchased one on-site service and are purchasing this as a second service. Approved services must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.
(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 A CONVERTEC REPRESENTATIVE ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $65.00 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 CONVERTEC TO YOUR HOME OR BUSINESS. CONVERTECAND/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 satellite based services.
(g) Access: Convertec must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence/business, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF THE CONVERTEC REPRESENTATIVE
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 $65 CANCELLATION CHARGE WILL BE ASSESSED.

TERMS APPLICABLE TO PAY FOR SUPPORT AND ON-SITE SERVICES:
LIMITATIONS TO SERVICE: CONVERTEC AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CLIENT’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 CONVERTEC AND/OR ITS THIRD PARTY SERVICE PROVIDER.

FORCE MAJEURE: If Convertec’s and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of Convertec and/or its third party service provider, Convertec and/or its third party service provider may choose not to provide services.

LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL CONVERTEC, CONVERTEC 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 CONVERTECAND/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 AGREEING TO THESE TERMS, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS CONVERTEC, CONVERTEC AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU ROR 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 CONVERTECAND/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.

GOVERNING LAW. The Agreement and the relationship between you and us is governed by the laws of the State of Idaho without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the following section, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of Idaho and waive any objection as to venue or inconvenient forum.

MANDITORY ARBITRATION and NO JURY TRIAL. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Technical Support or Computer Equipment will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Coeur d' Alene, Idaho. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, IDAHO.

NO WAIVER OF RIGHTS
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

ENTIRE AGREEMENT
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Convertec and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Convertec and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

SEVERABILITY
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.convertecsolutions.com/terms.html. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of Tech Support or Services. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the customers equipment and service and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms included with any equipment or services.

PRIVACY
Convertec Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Convertec is not liable for any lack of privacy which may be experienced with regard to the Tech Support or Service. Please refer to our Privacy Policy at http://www.convertecsolutions.com/privacy.html for additional information.

CHANGES, CANCELLATIONS AND REFUNDS
To change your order you must contact Convertec at 1-800-928-3109
You may cancel your order if you give Convertec at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 1-800-928-3109. The payment amount will be fully refunded in the manner the purchase was paid.

If you are not satisfied with your service: Please call 1-800-928-3109 for resolution. We stand behind our Support services for 5 days. We stand behind our On-Site and Drop-off Service for 30 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 as to be determined by us.

FOR ON-SITESERVICES PROVIDED IN CALIFORNIA:
An estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by Convertec in writing, and Convertec may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, Convertec 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, Department of Consumer Affairs, Sacramento 95814.