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| TERMS OF SERVICE | |||||
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THESE TERMS OF SERVICE APPLY TO SERVICES ("PAY FOR SUPPORT" AND "IN-HOME SERVICE") ORDERED FROM A Change of Pace, L.L.C. OVER THE PHONE at 321.230.6237 OR VIA EMAIL. TERMS AND CONDITIONS (b) User Responsibility: You understand and agree that prior to contacting or allowing A Change of Pace 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 A Change of Pace shall not be responsible under any circumstance for any loss or corruption of data and/or software. IN-HOME SERVICE (b) Service Jurisdiction: A Change of Pace sets the Service Jurisdiction for each city. If a location lies beyond A Change of Pace's standard Service Jurisdiction, additional trip charges may apply. (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 A CHANGE OF PACE AGENT ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $129 CANCELLATION CHARGE MAY 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 A CHANGE OF PACE AGENT TO YOUR HOME OR BUSINESS. A CHANGE OF PACE 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. TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES: FORCE MAJEURE: If A Change of Pace's and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of A Change of Pace and/or its third party service provider, A Change of Pace and/or its third party service provider may choose not to provide services. LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL A CHANGE OF PACE 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 A CHANGE OF PACE 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: BY SIGNING THE FORM ON THE OPPOSITE SIDE OF THIS PAGE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS A CHANGE OF PACE AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU ROR 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 A CHANGE OF PACE 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. CHANGES, CANCELLATIONS AND REFUNDS You may cancel your order if you give A Change of Pace at least 2 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling 321.230.6237. If you are not satisfied with your service: Please call 321.230.6237 for resolution. We stand behind our In-Home Service for 30 days. If there is a problem with the service we provided and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost.
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