THESE TERMS OF SERVICE APPLY TO SERVICES ("PAY FOR SUPPORT" AND "ON-SITE SERVICE") ORDERED FROM Direct Computer Services, Inc. OVER THE PHONE at 1 877 244 0587.

TERMS AND CONDITIONS

PAY FOR SUPPORT

(a) Services: Direct Computer Services, Inc. will attempt problem diagnosis and a solution over the telephone 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 Direct Computer Services to perform diagnostic repair 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 Direct Computer Services shall not be responsible under any circumstance for any loss or corruption of data and/or software.

ON-SITE SERVICE

(a) Scheduling: Standard service hours are Monday-Friday, 9 AM – 7 PM. Additional charges may apply for service outside of standard  hours.

(b) Service Jurisdiction: If a location lies beyond Direct Computer Services standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the Direct Computer Services standard Service Jurisdiction , please inquire by contacting Direct Computer Services at 877-244-0587.

(c) Additional Hardware or Software Install/Service: This service is only available to customers 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 THE DIRECT COMPUTER SERVICES AGENT ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $99 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 Direct Computer Services AGENT TO YOUR  BUSINESS. DIRECT COMPUTER SERVICES AND/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 DirecPC™ and DirecWay™ services.

(g) Access: The Direct Computer Services Agent must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your business, your consent and cooperation to enter your business, and a safe working environment, working space and electrical power. IF THE DIRECT COMPUTER SERVICES AGENT 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 $99 CANCELLATION CHARGE WILL BE ASSESSED.

TERMS APPLICABLE TO PAY FOR SUPPORT AND ON SITE SERVICES:

LIMITATIONS TO SERVICE: DIRECT COMPUTER SERVICES AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CUSTOMER'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 DIRECT COMPUTER SERVICES AND/OR ITS THIRD PARTY SERVICE PROVIDER.

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

LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL DIRECT COMPUTER SERVICES 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 Direct Computer Services AND/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:  YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS DIRECT COMPUTER SERVICES AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR 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 DIRECT COMPUTER SERVICES AND/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.

FOR IN-HOME SERVICES 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 Direct Computer Services in writing, and Direct Computer Services may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, Direct Computer Services 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.

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