Golden Ratio Tech Solutions’ Terms and Conditions of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE
Unless otherwise stated in writing on the Laptop and Computer Repair Service Form or on the Golden Ratio Tech Solutions website, all fees and charges are non-refundable and must be paid for by Customer when the service(s) are completed and before the serviced item(s) will be returned to the Customer. The only exception to this is our 90-Day Golden Guarantee (see further below).
Golden Ratio Tech Solutions may change their fees and charges then in effect, or add new fees or charges, by giving the Customer notice in advance before any Service is performed.
WITH RESPECT TO SERVICES
Once notified of services being completed, Customer’s have 5 business days to pick up the serviced item(s) at Golden Ratio Tech Solutions Main Office (unless otherwise agreed upon in writing on the Computer Repair Service Form at the time of drop-off as well as via email or verbally when notice of service completion has been given). Once that time has elapsed, Golden Ratio Tech Solutions reserves the right to add a fee of $10/week to the service invoice for storage and liability purposes. If Customer fails to pick up the serviced item(s) by the 30th day past notification of completed service, Golden Ratio Tech Solutions will not be liable for the item(s), nor their contents, and Golden Ratio Tech Solutions reserves the right to resell them to offset the Customer’s bill.
MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE
Golden Ratio Tech Solutions may change these Terms and Conditions of Service from time to time and as such the Customer must abide and be bound by the modified Terms and Conditions of Service. Upon any such change, Golden Ratio Tech Solutions will notify the Customer by posting the changes to the website.
MODIFICATIONS TO SERVICES / SOLUTIONS
Golden Ratio Tech Solutions reserves the right to modify or discontinue the Service with or without notice to Customer. Golden Ratio Tech Solutions shall not be liable to Customer or any third party should Golden Ratio Tech Solutions exercise its right to modify or discontinue the Service.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Golden Ratio Tech Solutions servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests backup services from Golden Ratio Tech Solutions, Golden Ratio Tech Solutions will not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
LIMITATIONS TO SERVICE
Golden Ratio Tech Solutions shall not be liable for any failure or delay in performance due to any cause beyond its control. Golden Ratio Tech Solutions reserves the right to refrain from providing the Services ordered and instead refund 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 these Service Terms, as determined by Golden Ratio Tech Solutions.
Customer agrees to indemnify, defend, and hold harmless Golden Ratio Tech Solutions 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 Golden Ratio Tech Solutions 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 Golden Ratio Tech Solutions; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLDEN RATIO TECH SOLUTIONS 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. Golden Ratio Tech Solutions MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES Golden Ratio Tech Solutions 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 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 GOLDEN RATIO TECH SOLUTIONS 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. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; Golden Ratio Tech Solutions WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
Golden Ratio Tech Solutions 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, EVEN IF Golden Ratio Tech Solutions 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 Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Golden Ratio Tech Solutions shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Golden Ratio Tech Solutions shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Golden Ratio Tech Solutions.
All services shall be guaranteed for ninety (90) days following the notification of completion of Service. If for any reason the issue(s) resurface within the ninety (90) day guarantee period or if after the ninety (90) day guarantee period it has been determined by Golden Ratio Tech Solutions that the issue(s) were not repaired as a result of a Service already performed by Golden Ratio Tech Solutions, Golden Ratio Tech Solutions will gladly take another look at the issue(s) and continue the Service as if the Service was never originally completed. The Service will be continued until the Customer is fully satisfied or to the point at which Golden Ratio Tech Solutions deems that it can no longer continue the Service due to the Limitations To Service (mentioned above) at which point a refund would be issued for any amounts already paid to Golden Ratio Tech Solutions for labour, minus the Diagnostic service charge. However if the issue resurfaces (or in the case of Malware, a new infection occurs, unrelated to the previous as determined by Golden Ratio Tech Solutions) and is discovered by Golden Ratio Tech Solutions to be a new infection or have been caused by negligence or misuse on behalf of the Customer or other third party, Golden Ratio Tech Solutions shall not be held responsible, and the foregoing guarantee will be nullified.
Notwithstanding any language to the contrary, Golden Ratio Tech Solutions maximum liability to the Customer arising from or related to Golden Ratio Tech Solutions under this Agreement shall be limited to the sum paid by Customer to Golden Ratio Tech Solutions under this Agreement for the services rendered.
Either Customer or Golden Ratio Tech Solutions may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer’s right to use the Service immediately ceases. Customer shall have no rights and Golden Ratio Tech Solutions will have no obligations regarding the Service thereafter.
The Service Terms shall be governed by and construed in accordance with the laws of the Province of Ontario. Customer and Golden Ratio Tech Solutions agree to submit to the exclusive jurisdiction of the courts in Ottawa, Ontario. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Golden Ratio Tech Solutions 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.
Last Modified: April 2016