Terms and Conditions

Terms of Service - Computer repair

The following terms and conditions of service are applicable to all services and computer repair provided by StarFixIT. Terms and conditions may change at any time, with or without notice. It is the responsibility of any subscriber, user, customer or prospective customer to read the terms of service before contacting StarFixIT to inquire, purchase or schedule a service engagement. By engaging StarFixIT for services, you are indicating your agreement to be bound by all of the terms and conditions outlined within this document.

DESCRIPTION OF SERVICES

1. Responsibilities of User:

User understands and agrees that prior to contacting or engaging in service with StarFixIT to perform any evaluation, diagnostics, repair, upgrade or any other service upon your computer that it is the responsibility of the user to back-up data, software, files or other electronic information stored within a computer hard-drive or other memory device or drive. You as the user also acknowledge and agree that StarFixIT shall not be responsible under any circumstance for any loss of data, software, corruption of data or damage to hardware or components.

a. You as the user represents that you are 18 years of age or older.

b. You as the user represent that you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement.

c. You as the user agree that you are responsible for all activity and use of your account. You agree and understand that you accept full responsibility and liability for the actions of anyone who uses a service from StarFixIT via your account.

d. You as the user agree that you will be available at your appointment time. Applicable no-show fees or late fees are payable and due as outlined below for missed or late appointments.

2. Services:

StarFixIT provides computer support services remotely, on-site and via telephone. StarFixIT will attempt to diagnose and provide or suggest a solution for a service fee. In some situations, a solution, diagnosis or support may not be completed due to an issue with users computer, its configuration or other issue that is beyond the control of StarFixIT. StarFixIT will make every reasonable attempt to perform services to diagnose, troubleshoot, assess and correct computer or network issues. Regardless of the outcome, you the user is still responsible for charges for the time and effort spent in an attempt to provide services.

3. Un-Used Service Hours, Incidents or Services:

Any unused services will not carry forward. Service hours and incidents are at the sole discretion of StarFixIT.

4. Service Areas:

StarFixIT reserves the right to establish, change, add or eliminate service areas with or without notice. StarFixIT has the authority to establish and charge additional fees for areas outside of our normal service areas. Users should contact 404.909.8889 for exact service areas, service fees and trip charges.

5. Service Volume and Re-Selling of Services:

You the user may not re-sell our service, utilize the StarFixIT service for high volume services or in way engage in any activity that engages our service at a higher rate than it was intended. Service volume abuse is based on the sole discretion of StarFixIT.

6. Service Limitations:

StarFixIT reserves the right to charge additional fees for certain services that a client may require or request above and beyond any service plan. StarFixIT will at its sole discretion determine these additional services and fees.

7. Service Availability:

Services selected by a user may not be available at all times. StarFixIT or its subsidiaries, suppliers or partners at any time without notice or liability may restrict the availability of service or its times of availability to perform scheduled or unscheduled maintenance. For remote services, specific Internet connection requirements are necessary. It is the responsibility of you the user to maintain Internet connectivity to allow for adequate service levels. StarFixIT will at its sole discretion determine adequate service levels.

a. You the user acknowledges that circumstances outside of the control of StarFixIT may arise that may lead to service delays. You the user hereby release StarFixIT from any and all liability and agree that StarFixIT is not responsible for any direct or indirect damages resulting from any service delays.

8. Safe Access to Equipment:

User agrees that they will provide full access to computer systems, systems, peripherals or software that we are to service and that power, network connectivity and a safe climate controlled work environment is provided along with full cooperation and access to enter your home or business to perform services. If a StarFixIT representative arrives at the schedule service time and he or she does not reasonably have access, cooperation, or safe working areas, then service may be denied and a $99 cancellation fee will be charged.

9. Software / Hardware Licensing & Warranties:

You the user agree that you will be responsible for all software licensing installed on your computer. StarFixIT provides technical support and consulting for third party software and/or equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

a. Third Party Software: As part of our services, StarFixIT may recommend the acquisition of third party software. You the user agrees that you will abide by all terms and conditions outlined within a license agreement whether this software is installed, recommended or sold to you by StarFixIT or not. StarFixIT makes no warranty or representation regarding third party software or hardware.

10. Termination of Service by StarFixIT:

Use understands and agrees that at its sole discretion, StarFixIT may terminate or suspend any agreement for services immediately and without notice. StarFixIT may at its sole discretion refuse to honor requests for service, renewals or subscriptions following a termination of services or for any other reason.

11. Payment of Fees:

You the user agree to pay all applicable charges and fees related to your applicable service plan as well as any taxes or other charges due including no-show fees, trip charges, set-up fees or termination fees. Monthly recurring fees for subscription plans will be billed in advance if applicable.

a. Service to you may be denied or discontinued without notice at any time in the placement of Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.

b. Late fees may apply if your bill is not paid by the due date. StarFixIT may charge a late fee of 5% or the highest rate permitted by law for late payments. Users are responsible for paying collection agency fees utilized to collect past monies due including attorney fees.

c. Users must contact StarFixIT a minimum of three (3) hours prior to an appointment to cancel or reschedule an appointment, otherwise, at StarFixITâ€™s sole discretion, a missed or late appointment fee may apply. Late or missed appointment fees are as follows: On-site = $99 / Remote Support = $50.

12. WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY StarFixIT(BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), StarFixIT (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY StarFixIT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF StarFixIT COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

StarFixIT DOES NOT WARRANT THAT THE SERVICE PROVIDED BY StarFixIT WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. StarFixIT SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. StarFixIT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. StarFixIT MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL StarFixIT (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF StarFixIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless StarFixIT from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

14. NOTICES

12.1 Notices required under this Agreement by you shall be provided to the StarFixIT Customer Service Department. Notices by StarFixIT to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

With regard to electronic communications, you and StarFixIT further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

15. GENERAL PROVISIONS

13.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

StarFixIT will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

Terms of Service - Webdevelopment

The following terms and conditions of service are applicable to all services and webdevelopment provided by StarFixIT. Terms and conditions may change at any time, with or without notice. It is the responsibility of any subscriber, user, customer or prospective customer to read the terms of service before contacting StarFixIT to inquire, purchase or schedule a service engagement. By engaging StarFixIT for services, you are indicating your agreement to be bound by all of the terms and conditions outlined within this document.

Definitions:

The Client: The company or individual requesting the services of StarFixIT.

StarFixIT: Primary designer/site owner & employees or affiliates.

General

StarFixIT will carry out work only where an agreement is provided either by e-mail, telephone, mail or fax. StarFixIT will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between StarFixIT and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, StarFixIT cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of StarFixIT until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by StarFixIT remain the copyright of StarFixIT and may only be commercially reproduced or resold with the permission of StarFixIT.

StarFixIT cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of StarFixIT and where no charge is made by StarFixIT for such additions, StarFixIT accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to StarFixIT all materials required to complete the site to the agreed standard and within the set deadline.

StarFixIT will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

StarFixIT will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

StarFixIT will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

StarFixIT will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Application and E-Commerce Development

StarFixIT cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by StarFixIT remain the copyright of StarFixIT and may only be commercially reproduced or resold with the permission of StarFixIT.

Where applications or sites are developed on servers not recommended by StarFixIT, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by StarFixIT before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, StarFixIT will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

StarFixIT will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. StarFixIT can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst StarFixIT recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by StarFixIT cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

StarFixIT reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Website Optimization

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work.

StarFixIT reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the StarFixIT policy that any outstanding accounts for work carried out by StarFixIT or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with StarFixIT.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or StarFixIT have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure

Informal procedure
Anyone who experiences a problem with their web service provided by StarFixIT should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

StarFixIT will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to StarFixIT, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.