Acknowledgement and Acceptance of Terms of Service This Setup-installation.com Terms of Service (“Service Terms”) is provided to you (“The Customer”) in connection with any and all services offered by Setup-installation.com (“The Service”) that the Customer has purchased. These terms and conditions comprise the entire agreement between the Customer and Setup-installation.com with respect to the Service.
Description of Service Upon purchase of a service, Customer may, at the discretion of the Setup-installation.com agent providing the service, be required to send the computer or device to the store location where it is to be serviced. Timeframes for completion of the service are entirely dependent on the service, and may include factors that are out of the control of Setup-installation.com. Such factors include but are not limited to; complex repairs, hardware orders, lack of required tools or supplies, or more. Not all services require the computer or device to be sent to the store location; this is entirely the discretion of the Setup-installation.com agent performing the service.Service is on a per-customer basis and, unless otherwise stated, is limited to one (1) eligible device owned by the Customer. Devices are deemed eligible for service entirely at the discretion of Setup-installation.com and its agents. Customer may cancel the Service and seek a refund only if the service has not yet been performed, or at the discretion of a qualified agent of Setup-installation.com. Individual refund policies for specific services are outlined in their respective descriptions, and are subject to change at any time, for any reason, without notice, entirely at the discretion of Setup-installation.com.
Modifications to Terms of Service and Services Offered Setup-installation.com may change the terms and conditions of the services offered from time to time. Setup-installation.com reserves the right to modify or discontinue any services with or without notice to the Customer. Setup-installation.com shall not be liable to the Customer or any third party should Setup-installation.com or any qualified agent or representative exercise their right to modify or discontinue the service(s). The Customer’s continued use of services constitutes and affirmative agreement by the Customer to abide and be bound by these service terms and its modifications.
Customer’s Responsibility to Back-Up Data Customers agree that prior to Setup-installation.com servicing any customer equipment, it is the customer’s responsibility to (1) back-up any and all data, software, information, or otherwise stored on any of the Customers devices, digitally or otherwise, and (2) remove all removable storage devices from said equipment. The Customer agrees that whether or not the Customer orders back-up services from Setup-installation.com and/or its partners, neither Setup-installation.com, its partners, affiliates, agents, or otherwise shall be held liable under any circumstances for any loss, disclosure, alteration, computation, corruption, or otherwise on any storage device, equipment, or otherwise.
Limitations to Service Setup-installation.com shall not be liable for any failure or delay in performance due to any cause beyond its control. Setup-installation.com and/or its partners and agents reserve the right to refrain from providing the services ordered and instead refund the Customer’s payment, wholly or in part, on the basis that the needs (including wiring or overcoming physical or barriers) or other requirements of the Customer are unusual, extensive, or beyond the scope of the capabilities of Setup-installation.com, its agents, or the scope of these terms of service, as determined by Setup-installation.com.
Indemnification customer agrees to indemnify, defend, and hold harmless Setup-installation.com (and its partners, affiliates, agents, or otherwise) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Setup-installation.com by reason of, or arising from: (a) customer’s breach of this agreement; (b) customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) customer’s actual or alleged failure to promptly pay sums due to Setup-installation.com or third parties; (d) customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of the customer (or its officers, directors, employees, agents or otherwise).
Disclaimer of Warranties customer expressly agrees that use of the service is at the customer’s sole risk. the service is provided on an “as is” and “as available” basis. Setup-installation.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Setup-installation.com makes no warranty that the service will meet the customers requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Setup-installation.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service. customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at the customer’s own discretion and risk and that customer will be solely responsible for any damage to customer’s computer/system or loss of data that results from the download of such material and/or data. no advice or information, whether oral or written, obtained by customer from Setup-installation.com or through the service shall create any warranty not expressly made herein. some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to each customer.
Limitation of Liability Setup-installation.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of customer’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible item, even if Setup-installation.com has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to each customer. it is the customer’s responsibility to back-up the software and data that is stored on the customer’s computers, hard drive(s), and/or on any other storage device or equipment the customer may have, and Setup-installation.com shall not be responsible at any time for any loss, disclosure, alteration, computation, corruption, or otherwise on any storage device, equipment, or otherwise. Setup-installation.com shall not be liable for damages arising from any part, equipment, peripheral, software, or other product supplied to the customer by Setup-installation.com. notwithstanding any language to the contrary, Setup-installation.com’s maximum liability to the customer arising from or related to Setup-installation.com shall be limited to the sums paid by the customer to Setup-installation.com under this agreement for the service(s), product(s), or otherwise that constitute the cause of action.
Laws These Service Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law provisions. The Customer and Setup-installation.com agree to submit to the exclusive jurisdiction of the courts in Framingham, Massachusetts. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to the law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Customer and Setup-installation.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.