E-Motion Computer Services Terms and Conditions
as of 1/14/2013
What We Do
E-Motion Computer Services will use its best efforts to perform all services in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical expertise requested. Response times may be delayed due to research and inquiries, as may be necessary. E-Motion Computer Services does not assure that every request for technical expertise will be resolved. E-Motion Computer Services' consultations constitute only advice and suggestions. Technical problems may be a result of software or hardware failure, corruption or user error and may not be correctable.
You understand and agree that prior to allowing E-Motion Computer Services to perform diagnostic repair or other services on your computer or website, it is your responsibility to back-up the data, software, information, web or other files stored on your computer disks, drives, and/or web server. You acknowledge and agree that E-Motion Computer Services shall not be responsible under any circumstance for any loss or corruption of data and/or software.
You agree to pay fees in accordance with E-Motion Computer Services' rates and policies as stated verbally and/or in written form. Payment for work performed is due upon completion of service and in accordance with the terms of E-Motion Computer Services' invoice. If client requests work to cease, payment for work up to that point is due immediately. Further, any legal fees in association with E-Motion Computer Services' work rendered for you, is your sole responsibility at the discretion of E-Motion Computer Services.
If E-Motion Computer Services' ability to render services is impaired by circumstances beyond the control of E-Motion Computer Services, E-Motion Computer Services may choose not to provide services.
E-Motion Computer Services reserves the right to refrain from providing any or all services ordered, or halt current service with no refunds, if minimum system requirements are not met or if technical conditions or customer requirements are unusual, extensive, or beyond the scope of this service agreement as determined by E-Motion Computer Services.
Limitation of Remedy
E-Motion Computer Services will not be held responsible for any problems arising from third party software installed on your computer or web servers by our technicians, you, or other third party.
E-Motion Computer Services will not be held liable for lost data due to hardware failure, virus, spyware, corruption or any other situation. If any problems with third party software or hardware arise, it is your responsibly to obtain support from the manufacturer of the product at fault.
Under no circumstances shall E-Motion Computer Services 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 E-Motion Computer Services or out of the installation, de-installation, use of, or inability to use your computer equipment, hardware, peripherals, website, or the network as a result of the services provided hereunder.
E-Motion Computer Services shall not be liable for any failure or delay in performance due to any cause beyond its control. If E-Motion Computer Services' ability to render services is impaired by your failure to cooperate or circumstances beyond the control of E-Motion Computer Services, E-Motion Computer Services may choose not to provide services.
Limitation of Liability and Release
You will agree to release and hold harmless E-Motion Computer Services from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by E-Motion Computer Services. This includes but is not limited to data loss or lack of function in any component or element of your computer system, peripherals, and/or website as a result of E-Motion Computer Services' actions or the actions of its agents, partners, and/or third-party service providers.
Further, your signature or initial deposit for service constitutes authorization for E-Motion Computer Services to perform work on your behalf. While specific items may be listed for certain circumstances, this document covers all devices, software, and work performed by E-Motion Computer Services.
All services shall be guaranteed for fifteen (15) days, however if the issue resurfaces and is discovered by E-Motion Computer Services to have been caused by negligence or misuse on behalf of the customer or other third party, E-Motion Computer Services shall not be held responsible, and the foregoing guaranty will be nullified. You agree to release E-Motion Computer Services from liability for any indirect, incidental, special, or consequential damages.
E-Motion Computer Services IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT, WEBSITE, OR OTHER PRODUCT.