General Service Terms & Conditions

I. SERVICE ORDER
Home PC Patrol authorizes the sale of stand alone computer maintenance in accordance with all of the terms and conditions of this Agreement. By accepting all of the terms and conditions the client requests Home PC Patrol to provide single service maintenance on their computer system(s) in their home or place of business in accordance with the specified service they have chosen. The client agrees that all of the terms and conditions of this Agreement will apply to the maintenance service Home PC Patrol provides to the client.

II. SERVICE PERIOD
The client will receive a single service computer maintenance in accordance with the service they have requested. The service will be completed efficiently as possible either on site (in the client's residence) or within Home PC Patrol's service center located at 416 Boston Rd in Sandusky, Ohio whichever is most appropriate as deemed by the Home PC Patrol technician. Home PC Patrol may also refuse service, in whole or in part, for any reason either initially, or following diagnostic and maintenance. Home PC Patrol will attempt to notify the Client if altering or refusing the service and the computer will be returned to the client within 72 hours of that time. Should Home PC Patrol refuse service; Home PC Patrol shall refund a pro rated amount to the client for the service, excluding any applicable diagnostic charges. In all instances, the service is considered fulfilled upon the return of the client's computer. Though the service is considered a single, stand alone service, completion of the service could span multiple days and / or multiple visits.

III. PAYMENT
a. Payment is due immediately upon completion of service. Accepted forms of payment are cash, certified check, or money order. VISA, MasterCard, Discover Card, and American Express are accepted forms of payment only by an exception agreed upon by Home PC Patrol prior to rendering the service. Any credit card exceptions may include a 3.5% credit card processing fee at the discretion of Home PC Patrol. All applicable sales taxes apply.

b. Approved open accounts are net 30 days on maintenance and web development projects.

c. Home PC Patrol may require a deposit and signed Quote/SOW or Payment in Full prior to beginning work, particularly with new maintenance, consulting, and web development clients.

d. Work spanning longer than 30 days will be billed for services rendered on a monthly basis, or by milestones, depending on contract specifics.

e. Home PC Patrol reserves the right to withhold the return of the client's equipment until said payment is received.

f. The Client is entitled to have the specific service, as outlined in the service's description, performed. If a Home PC Patrol technician determines that the repairs needed are not covered by the service originally chosen by the client additional charges will apply to any and all additional services. Home PC Patrol will notify the client of the additional services necessary to complete their repair and proceed only upon the client's approval. Should the client refuse an additional service that is required to successfully complete the initial service, the client will still be responsible for payment of the initial service and the initial service will not be covered under any warranty.

IV. OVERDUE ACCOUNT POLICY
a. Past due accounts of more than net 30 days, regardless of balance owed, are subject to a 2% monthly service charge: minimum $35. Past due accounts with invoices covering billable outside services/travel expenses will incur additional past due charges. Late invoices will be sent to the client each month with these additional fees added to the total balance. Should a client remit payment for an overdue account without adding the late fees to their payment, the invoice will still be open and late fees will continue to accrue of at least $25 per month, until the invoice is completely paid in full.

b. Failure to settle any invoice including any invoice for additional charges as stated in (IV. a,) above, will render the advertiser liable, at the company’s sole discretion, to lose any discount entitlement and to pay interest on the outstanding invoices at 5% per annum, accruing daily.

c. In addition, Home PC Patrol makes every attempt to contact the client through our Account Manager(s), e-mail, and phone calls to resolve any outstanding balances before further action may be needed.

d. Home PC Patrol also reserves the right to require a full up-front payment before rendering new services on accounts with a prior Home PC Patrol history of being consistently overdue.

e. Should a client be consistently overdue (30 days overdue, 4 or more times) on any account with Home PC Patrol over the prior 24 months, then Home PC Patrol reserves the right to terminate the relationship with the client after payment is made in full, or require future services be paid up-front, in full, before services are provided.

f. If a client account remains outstanding after all other options have been exhausted, Home PC Patrol may seek legal action to collect the amount due, and/or seek the assistance of an off-site collection agency.

g. Please note that effective June 30th, 2010, ALL hosting and domain name renewals will be invoiced 30 days prior to the renewal of the client's hosting cycle or domain name renewal. Payment for hosting and domain names is due in full prior to their renewal dates. Failure to remit payment will result in a lapse of service, new set up fees to reinstate account(s), and possible loss of domain name. Home PC Patrol will not be held liable nor accountable for any reason should a client's account be turned off, or a client lose a domain name or names, and/or sent to collections due to client's lack of payment to Home PC Patrol for services rendered.

V. RETURNED CHECKS & OTHER RETURNED FUNDS
If a client's payment to Home PC Patrol is returned or refused deposit from Home PC Patrol's or the client's banking institution(s), or from the client's credit card company, for any reason, then Home PC Patrol will re-issue a new invoice to the client including the following:
1. A $35.00 non-refundable fee
2. Any additional banking fees
3. The amount of the original invoice.

Payment of this new invoice will be due immediately in the form of either: certified check, money order, cash, or approved secured credit card. Should immediate payment not be re-issued by client, then all other policies above will apply.

VI. WARRANTY
The Client warrants that the content contained on their computer not infringe on the copyright or other intellectual property rights of any third person, business, or corporation. The client warrants that it has the unrestricted right to use all programs, media, graphics, portraits, photographs, pictures, and otherwise unlisted content contained on their computer; and agrees to hold Home PC Patrol free from harm in any disputes involving third parties. The Client further warrants that the content contained on their computer does not violate local, state or federal law, or contain any material that is illegal, libelous, tortuous, involves moral turpitude, or appears indicative of the Clients intent to commit a crime which could result in bodily harm to self or others; and agrees to hold Home PC Patrol free from harm in any disputes resulting from the discovery or disclosure of such material to law enforcement or other third party agencies. This Section shall remain in effect after termination of this Service.

VII. LIMITED WARRANTY
This contract provides a guarantee that all labor, as outlined in the chosen service's description, is covered for the duration of the service. Only the labor is covered. Installation and service offerings do not include parts, accessories, or software.
It is your responsibility to back up any / all data contained on your hard disk and / or storage devices prior to your scheduled service call. Home PC Patrol will not be held responsible for loss, damage, corruption, or alteration of any files, software, or data. Only in the event of any error caused by Home PC Patrol will service be warranted, then the Home PC Patrol will correct the error within a reasonable time frame after receiving notice from the Client of the error. In order to avail itself of the correction remedy, the Client must make a written claim of such an error to the Home PC Patrol. Home PC Patrol will not provide any compensation for errors whether it be the fault of Home PC Patrol or the Client, either monetarily, or in the form of extended services. There will be no additional charges for the corrections if they are reported within one calendar month of the completion of service(s) if they are verified to be the fault of the Home PC Patrol. The above limited remedies shall apply to all claims, causes of action, damages, fines, penalties, or liabilities that the participant may have against Home PC Patrol including but not limited to claims based on breach of contract, torts (such as negligence or recklessness), or strict liability.
EXCEPT FOR ANY WARRANTY EXPRESSLY MADE BY HOME PC PATROL PURSUANT TO THIS AGREEMENT, HOME PC PATROL HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTIBILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF QUALITY OF ANY COMPUTER PROGRAMS, ANY AND ALL IMPLIED WARRANTIES OF INFORMATIONAL CONTENT, AND ANY AND ALL WARRANTIES AS TO ANY EFFORT MADE TO ACHIEVE A PARTICULAR PURPOSE. HOME PC PATROL MAKES NO WARRANTY THAT THE CLIENT’S COMPUTER SHALL REMAIN FREE OF VIRSUSES OR POTENTIALLY DAMAGING CODE.
Notwithstanding anything in this Agreement to the contrary, in no event will Home PC Patrol or their employees or agents be liable for any damages or expenses caused by system failure caused by any on line service or computer system failure, or by any transmission, access, or communication problems. Notwithstanding anything in this Agreement to the contrary, Home PC Patrol is not responsible for the quality of the Client’s computer condition to the extent that it may be affected by any operating system problems, network failure, or online internet service providers (ISPs). In no event will Home PC Patrol be liable for any consequential, exemplary, incidental, punitive, or special damages arising out of this Agreement, including but not limited to loss of profit, or loss of data.

VIII. DISCLOSURE OF INFORMATION
a. Home PC Patrol is committed to protecting the privacy of our clients and make all best efforts to provide a safe and secure environment for our clients. Home PC Patrol has designed a comprehensive Privacy Policy to inform you about the type of information that Home PC Patrol may gather or collect from the Client in connection with the use of Home PC Patrol services ("Services"). It also explains the conditions under which Home PC Patrol uses and discloses that information, and Client rights in relation to that information. Before requesting service from Home PC Patrol, you acknowledge that you have read and agree to all terms of the Privacy Policy that can be found at http://www.homepcpatrol.com/content/privacy-policy

b. BY REQUESTING OUR SERVICES OR VIEWING THIS SITE, YOU AGREE TO BE BOUND BY HOME PC PATROL'S PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, IF YOU ARE UNDER 18 YEARS OF AGE, OR IF YOU ARE NOT PERMITTED BY LAW TO ENTER INTO LEGAL OBLIGATIONS, YOU SHOULD NOT USE OUR SERVICES OR WEBSITE. WE MAY MODIFY THE POLICY FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. EACH TIME YOU USE OUR SERVICES OR SITE, THE CURRENT VERSION OF THE PRIVACY POLICY WILL APPLY. ACCORDINGLY, WHEN YOU USE OUR SERVICES OR WEBSITE, YOU SHOULD REVIEW ANY CHANGES SINCE YOUR LAST SERVICE OR VISIT. YOUR CONTINUED USE OF OUR SITE OR SERVICES AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED POLICY.

c. Home PC Patrol will collect personally identifying information including but not limited to, name, e-mail address, postal address, telephone number as well as aggregate information including but not limited to, computer hardware and software configuration, type of operating system, internet browsing history, hardware and software diagnostic and repair reports, license and registration information, from the Client when the Client voluntarily requests Home PC Patrol perform service(s) on their behalf.

d. Home PC Patrol may disclose personally identifiable information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (i) conform to legal requirements or comply with legal process; (ii) protect the rights or property of Home PC Patrol or its affiliated companies; (iii) investigate or prevent a crime or protect national security or any incident in which we believe that you have used your equipment to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; or (iv) protect the personal safety of users or the public.

e. Home PC Patrol can, at its sole discretion, disclose any content found on the Client's computer that violates local, state or federal law, or contains any material that is illegal, libelous, tortuous, involves moral turpitude or appears indicative of the Clients intent to commit a crime which could result in bodily harm to self or others; including, but not limited to real or perceived: child pornography, child abuse, illegal or unethical behavior with a minor, terrorist activities, plans or admissions detailing the commission of a violent crime or intent to do so, or any content deemed morally or legally reprehensible by Home PC Patrol technicians.

f. Any information discovered in the course of authorized computer service is subject to this clause including but not limited to pictures, videos, documents, emails, internet browsing history, audio files, cookies, or temporary files including cache files; whether intact or partially deleted, whether present on an installed hard drive or external device provided with or attached to the computer at the time of service. External media such as CDs, DVDs, Flash Drives, or memory cards are subject to this clause if they are present in the device or provided directly by the Client regardless of whether their inclusion was intentional or accidental.

g. The client retains no expectation of privacy in regards to this information, and Home PC Patrol can, and must in some cases, disclose such information to third party sources including but not limited to law enforcement agencies, employers, family members, or any person who is the subject or target of any of the above described information. In the event the subject is a minor, the above information can additionally be reported to the child's parents or guardians, school administrators in the district in which the child attends, county departments of child and family services or any other entity deemed pertinent by Home PC Patrol.

h. Home PC Patrol does not have the resources or authority to investigate or determine the validity, origin, author, source, original context, or purpose for which this information was obtained by the Client; and in all disclosure instances, provides this information exclusively at face value to a third party entity(s) for further investigation. Home PC Patrol has no obligation to divulge to the Client that such information was disclosed or to whom it was submitted. By choosing to have Home PC Patrol perform service on their equipment, the Client agrees to hold Home PC Patrol free from harm in any disputes involving disclosure of information to third parties.

i. In no event will Home PC Patrol be liable for any consequential, exemplary, incidental, punitive, or special damages that arise as a result of any information disclosed to a third party, including but not limited to loss of profit, loss of data, loss of reputation, or loss of community standing.

IX. INDEMNIFICATION
The Client agrees to defend, hold harmless and indemnify Home PC Patrol for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties arising out of the Client’s breach of any warranty made by the Client pursuant to this Agreement. The Client further agrees to defend, hold harmless and indemnify Home PC Patrol for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties arising out of the Client’s negligent or reckless acts or omissions arising out of this Agreement.

X. ADDITIONAL TERMS
a. Peripheral Installation includes upgrades only on fully functional systems. Limited repair of malfunctioning hardware, on site service, & upgrades requiring internal installation are covered only in the Advanced Maintenance Plan. Home PC Patrol must be notified in writing, no later than 48 hours in advance, of your request to utilize these services.

b. This service includes technical consultation and recommendations provided by Home PC Patrol Specialists. You are expected to follow reasonable recommendations to ensure peak performance of your computer system(s). Our contract requires that adequate anti-virus and anti-spyware protection is installed and enabled to run. Intentionally uninstalling or disabling protection software constitutes a breech of contract and additional charges or cancellation of service may result.

c. Home PC Patrol does not repair or endorse any file sharing programs that would infringe the copyright laws protecting the files in question.

d. Home PC Patrol will remove any program that is causing harm or has the potential to cause harm to your system; this includes but is not limited to: programs that contain or install spyware / adware, programs that open up unsecured ports, key loggers, programs that contain or facilitate the introduction of any virus, trojan, hijacker, BHO, or key logger to the client's system.

e. This contract provides a guarantee that all labor outlined above is covered for the duration of the service contract. Only the labor is covered. Installation and service offerings do not include parts, accessories, or software.

f. It is your responsibility to back up any / all data contained on your hard disk and / or storage devices prior to your scheduled service call. Home PC Patrol will not be held responsible for loss, damage, corruption, or alteration of any files, software, or data.

g. An adult or individual above the age of 18 must be present at the scheduled time of any on site service. Home PC Patrol Specialists must receive full access to all computers and / or peripherals to be serviced; including but not limited to: remote assistance connections, access to residence, safe working environment, working space, electricity, and your full cooperation and consent.

h. If the above conditions are not met, Home PC Patrol reserves the right to cancel the service call and assess a cancellation charge.

i. Home PC Patrol reserves the right to cancel any and / or all serviced ordered and refund the client's payment in whole or in part if a condition exists that impairs the rendering of services. This includes but is not limited to repairs which exceed the systems worth, wiring, overcoming physical or technical barriers, or any other requirements of a client that is abnormal or outside the scope of work covered by this agreement as reasonably determined by a representative of Home PC Patrol and / or any third party service providers.

j. All Home PC Patrol services are sold as remote computer support, and in all cases we will exhaust all measures to complete the maintenance remotely. This includes but is not limited network troubleshooting, verification of service with ISP, and necessary re-installation of remote assistance software.

k. On site maintenance is performed at no additional charge for Advanced Maintenance Plans only. Basic Maintenance Plan and Stand Alone Service customers will be charged our standard mileage charge for travel expense should onsite service be required.

l. Home PC Patrol requires a minimum of 48 hours notice for all service requests. All service requests that have not been scheduled at least 48 hours in advance, that must be resolved between 9:00 PM and 9:00 AM Eastern Standard Time, weekends or holidays will incur an emergency service charge.

m. If Home PC Patrol's ability to render service is impaired by you and / or circumstances outside of the control of Home PC Patrol and / or any third party service providers, Home PC Patrol may choose not to render service.

n. You may cancel your scheduled service call provided you give Home PC Patrol at least two hours notice prior to the scheduled performance of service. Failure to do so could result in the assessment of a service charge, repeated failure could result in cancellation of service.

o. Requesting service calls is the responsibility of the client. Home PC Patrol provides access to an online calendar that displays both your recommended upcoming service call windows, as well as previous maintenance services and their case notes. The software has the ability to provide you with both desktop alerts and email reminders for upcoming maintenance calls.

p. All scheduled service calls are approximate times, and not a guarantee of appointment, extenuating circumstances, including but not limited to: traffic and or hindrances to transportation, hazardous travel conditions, power outages, and / or any other unforeseen circumstance could result in delay or rescheduling of your appointment at the specialist's discretion. All reasonable attempts will be made to perform your service at the mutually agreed upon date and time.

q. All work is warranted one month following the date of service. Problems arising after the service must be reported immediately to Home PC Patrol via phone or by emailing service@homepcpatrol.com. Failure to do so will void any warranty and could result in additional charges. Upon receipt of a reported problem, Home PC Patrol will make all reasonable attempts to contact you in a timely manner. If your issue cannot be resolved via phone or email support, a specialist will be dispatched to assess your problem on site. This visit will be free of charge provided that the cause of the problem is not deemed to be the result of: abuse, neglect of system warnings or notifications, internal or external modifications to the system not performed by a Home PC Patrol specialist, or any activity that ignores or contradicts recommendations / advice given to you by your specialist.

r. Under no circumstances will Home PC Patrol and / or it's third party service providers be liable to you or any other person for damages including but not limited to: incidental, indirect, special or consequential damages, expense costs, profits, lost savings and / or earnings, lost or corrupted data, arising out of or related to services provided by Home PC Patrol or any third party service providers, or out of the installation, uninstallation, use of, or inability to use your computer, peripherals, or network, resulting from the services provided hereunder.

s. By requesting this service plan you release and hold harmless Home PC Patrol and / or it's third party service providers any loss, liability, or damage, that you the owner or lessee may suffer, including but not limited to: any loss of any data, any component or element of your computer system or peripherals resulting from Home PC Patrol, it's Specialists, third party service providers and their agents, and or partners regardless of the warranties, disclaimers and waivers, services shall constitute liquidated damages and are a reasonable estimate of damages to you.