I. MAINTENANCE CONTRACT ORDER
Home PC Patrol authorizes the sale and purchase of an annual service maintenance contract 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 regular maintenance on their computer systems in their home or place of business in accordance with the specified plan they have chosen. The client agrees that all of the terms and conditions of this Agreement will apply to any revisions or renewals of the contract submitted to Home PC Patrol by the client.

II. MAINTENANCE PERIOD
The client will receive maintenance in accordance with the plan specified within this agreement, and consisting of four quarterly maintenance visits scheduled over the period of one calendar year. Home PC Patrol reserves the right to alter such period. Home PC Patrol may also discontinue the contract in whole or in part. Home PC Patrol will attempt to notify the Client prior to altering or discontinuing the time scheduled for the maintenance service agreement. Should Home PC Patrol fail to provide service for the term of the contract specified within this agreement; Home PC Patrol shall refund a pro rated amount to the client for all unfulfilled maintenance visits remaining on the client’s plan. In all instances, the contract is considered fulfilled upon the completion of the fourth and final service regardless of the calendar date or the number of days that comprised the term.

III. PAYMENT
The Client promises to pay Home PC Patrol the amount specified in the plan they have chosen in full prior to the initial maintenance being preformed by Home PC Patrol. Applicable sales taxes apply. Payment entitles the Client to the services outlined within the service plan they have chosen. There will be a $40 service charge on all returned checks.

IV. 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. This Section shall remain in effect after termination of this Agreement.

V. LIMITED WARRANTY
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.
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 services 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.

VI. 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.

VII. ADDITIONAL TERMS
a. Peripheral Installation includes upgrades only on fully functional systems. Repair of malfunctioning hardware or upgrades requiring internal installation are covered only in the Advanced Maintenance Plan.

b. This subscription 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 service.
Home PC Patrol Specialists must receive full access to all computers and / or peripherals to be serviced; including but not limited to: 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. 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.

k. 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 and a breech of this contract.

l. 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.

m. Service calls are scheduled quarterly at a mutually agreed upon date and time. All work is warranted one month following the date of service. Problems arising after the service but before the next scheduled 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 during your next scheduled visit. 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.

n. Service calls that occur outside of the above stated thirty day warranty, or within the thirty day warranty and deemed to be problems unrelated to the maintenance visit or a Home PC Patrol technician’s negligence; occurring between regularly scheduled maintenance visits will be billed per instance at the stand alone services rate. The client may choose to apply one of their remaining maintenance visits to cover the cost of the labor involved in the service call if they have maintenance visits remaining on their plan. If the client chooses that option, the next quarter’s service call will be used and any remaining maintenance visits will be scheduled at 90 day (quarterly) intervals based on the date of the emergency service. This option can be used as often as the client wishes; however, in all cases, this contract is considered fulfilled upon completion of four service calls. All maintenance visits are to be performed quarterly and the interim between them shall not exceed 95 days unless a special exception has been approved in advance by Home PC Patrol in writing.

o. New computers which are purchased to replace a computer currently covered under a maintenance plan, that has unused maintenance visits remaining under it’s original plan, will automatically inherit the remaining maintenance visits for the computer it replaced provided the previously covered computer is no longer in use.

p. 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.

q. 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.

r. This contract may be canceled by contacting Home PC Patrol within 72 hours of signing, provided no service has been rendered. If service has been rendered and you choose to cancel this subscription, you will be charged the "Stand Alone Service" charge(s) at the "Stand Alone Service" rate for all completed services. The payment amount or balance will be refunded in the manner the purchase was paid. If you paid by cash or check you should receive a refund check in the mail within 10 business days.