IN-HOUSE SERVICE
(a) Services: AVADirect will attempt to diagnose and solve
problems for an applicable fee. In certain cases, however, this may not be
possible because of problems with your computer or its configuration that are
beyond our control.
(b) User Responsibility: You understand and agree
that before AVADirect performs 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 AVADirect
shall not be responsible under any circumstance for any loss or corruption of
data and/or software.
ON-SITE
SERVICE
SCHEDULING
Standard service hours are Monday — Friday 10 A.M. to 6 P.M. Additional charges
may apply for rapid response or service outside of standard hours.
SERVICE JURISDICTION
AVADirect sets a Service Jurisdiction. If a location lies beyond AVADirect's
standard Service Jurisdiction, additional travel charges may apply. To determine
if your location is within AVADirect's standard Service Jurisdiction, inquire by
calling AVADirect at 216-503-6374.
INSTALLATION AUTHORIZATION
For on-site services, a person at least 18 years of age must be present during
the entire time period services are provided. If no adult is present when the
AVADirect agent arrives, services will be denied and a $99 cancellation charge
will be assessed.
RESPONSIBILITY
It is your responsibility to back up all software and data on your computer's
hard drive(s) and/or any other storage devices before the AVADirect agent
arrives. AVADirect 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.
MINIMUM SYSTEM REQUIREMENTS
(Home networking only)
-
At least 10MB free hard disk space and 32 MB RAM on each computer
-
Operating system and/or ISP passwords must be available
-
Microsoft Windows 98 SE operating system or later
-
Operating system discs and key codes must be available
-
All computers and/or peripherals must be in good working order and
spyware free
-
Broadband services, if any, must be installed and operational before
service, including modem connections. DirecPC™ and DirecWay™ broadband
are not covered by AVADirect services.
ACCESS
The AVADirect Agent must have 1) access to your residence or business and the
computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation
to enter your residence or business, 3) a safe working environment, work space,
and 4) electrical power. If the AVADirect Agent determines that these conditions
have not been met, services will be denied and a $99 cancellation charge
assessed.
IN-HOUSE SUPPORT
AND ON-SITE SERVICE TERMS
SERVICE LIMITATIONS
AVADirect and/or its third-party service providers reserve the right to refrain
from providing any or all services ordered and refund the customer's payment,
wholly or in part, if minimum system requirements are not met or if technical
conditions (such as wiring difficulties or physical barriers) or customer
requirements are unusual, extensive, or beyond the scope of this service
agreement as reasonably determined by Best Buy and/or its third-party service
provider.
If AVAdirect and/or its third-party service
provider's ability to render services is impaired by circumstances beyond the
control of AVAdirect and/or its third-party service provider, AVAdirect and/or
its third-party service provider may choose not to provide services.
LIMITATION OF REMEDY
Under no circumstances shall AVADirect 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 AVADirect and/or
its third-party service provider or out of the installation, de-installation,
use of, or inability to use your computer equipment, hardware, peripherals, or
the network as a result of the services provided hereunder.
AVADirect shall not be liable for any failure or delay in performance due to
any cause beyond its control. If AVADirect's ability to render services is
impaired by your failure to cooperate or circumstances beyond the control of
AVADirect, AVADirect may choose not to provide services. Service can also be
denied if dangerous or unhealthy conditions are present including possible code
violations. For any un-installation services provided, AVADirect shall not be
responsible for repairing any damage or changes made to your residence.
LIMITATION OF LIABILITY & RELEASE
By signing the form on the opposite side of this page, you agree to release and
hold harmless AVADirect and/or its third-party service provider from and against
any loss, liability, or damage, including without limitation, any indirect,
incidental, special or consequential damages, expense, costs, profits, lost
savings or earnings or liability that you, the owner, or lessee may suffer
arising out of, or related to, the services provided by AVADirect. This includes
but is not limited to data loss or lack of function in any component or element
of your computer system and/or peripherals, any changes or alterations to your
residence (for example, changes to walls, baseboards, floors, etc.) as a result
of AVADirect 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
To change your order: You must contact AVADirect at 216-503-6374.
To cancel your order: You must contact AVADirect at 216-503-6374 at
least 2 hours prior to the scheduled service. The payment amount will be fully
refunded minus any cancellation fee in the manner the purchase was paid.
If you are not satisfied with your service: Call AVADirect at 216-503-6374 for
resolution. We stand behind our In-House services for 5 days. We stand behind
our On-Site Service for 5 days. However,
for repairs necessitated by a virus or spyware, the service warranty is valid
only if the anti-virus and anti-spyware protection for your product is installed
or updated during the repair or promptly thereafter (i.e., before you connect
again to the Internet). If there is a problem with the service provided by
AVAdirect and if you notify us within the warranty period, we will work to
remedy your problem quickly and at no additional cost. If
there is a problem with the service we provided and you notify us within the
allotted time period, we will work to remedy the problem quickly.
REMOTE SERVICE
(a) General Services: AVADirect will attempt to diagnosis your
technology problem, provide an estimate of applicable service fees (plus
applicable taxes), and then provide you with a technology solution over the
telephone or via the Internet. 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) Remote Support Services: Remote support services may be offered to you over
the telephone or via the Internet if your PC was built within the last four
years, you have a working cable or DSL high speed Internet connection, and your
operating system is Microsoft Windows XP or newer. If you elect to receive
remote support, then AVADirect remotely logs on through your high-speed Internet
connection to view your computer desktop from the AVADirect facility. AVADirect
stays in contact with you to keep you fully briefed on every step of the process
as your technology problem is resolved. Remote support may involve the
installation of software on your computer that will allow AVADirect to provide
the remote support services. By electing to receive remote support, you agree to
allow AVADirect to use whatever tools deemed necessary to repair your computer,
including remote access. You understand that if remote access is used on your
computer there will be no residual software from the remote session; however,
there may be a text file placed on your computer that will explain the work that
was done on your computer. If such a text file is placed on your computer, you
have the option to either save the file for future reference or to delete it
from your computer.
(c) Your Responsibility: You understand and agree that prior
to contacting or allowing AVADirect to perform diagnostic repair or other
services 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 AVADirect shall not be responsible under
any circumstance for any loss or corruption of data and/or software.
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: AVADIRECT RESERVES THE RIGHT TO
REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES AND INSTEAD REFUND
YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER
REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE
AGREEMENT AS REASONABLY DETERMINED BY AVADIRECT.
(b) LIMITATIONS OF SERVICE: If AVADirect's ability to render
remote services is impaired by you or circumstances beyond the control of
AVAdirect, AVADirect may choose not to provide or to discontinue remote
services.
(c) LIMITATION OF LIABILITY: To the extent permitted
by law, you agree that AVAdirect’s total liability for damages related to its
remote services is limited to the total amount you pay for the remote services,
and you release AVAdirect from liability for any indirect, incidental, special,
or consequential damages. AVAdirect IS NOT LIABLE FOR LOSS, ALTERATION, OR
CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR
OTHER PRODUCT.
SERVICE WARRANTY
If you are not satisfied with remote services received from AVAdirect, please
call AVADirect at 216-503-6374 for
resolution. We warrant our remote services for 5 days following the date you
received remote service; however, for repairs necessitated by a virus or
spyware, the service warranty is valid only if the anti-virus and anti-spyware
protection for your product is installed or updated during the repair or
promptly thereafter (i.e., before you connect again to the Internet). If there
is a problem with the service provided by AVAdirect and if you notify us within
the warranty period, we will work to remedy your problem quickly and at no
additional cost.
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