Gigabytes Terms of Service

Gigabytes Technology LLC Technical Support Terms of Service

1. Use of Software. Software installed on the computer must be owned and furnished by the customer. Gigabytes Technology LLC may require proof of ownership prior to working on the computer. Gigabytes Technology LLC cannot be held responsible for copyright infringement issues or software license violations from customer furnished software.

2. Malicious Software and Illegal Material. Gigabytes Technology LLC will remove any software on the computer of a malicious or illegal nature as deemed by Gigabytes Technology LLC.

3. Representation. You authorize Gigabytes Technology LLC to speak on your behalf for warranty and troubleshooting issues and to obtain replacement for any in-warranty parts or services.

4. Warranty. Gigabytes Technology LLC offers you a 7-day labor-only warranty which activates from the time the computer leaves the Gigabytes Technology LLC office or the technician leaves customer’s premises. This limited 7-day labor-only warranty only covers the re-emergence of the issue or issues the computer was supported for.
This warranty is void if

A. the computer completes support with recognized unresolved issues
B. the customer seeks third-party technical support on any issue after the warranty is activated.
C. the computer is infected or re-infected with a computer virus, malware, spyware.
D. The customer, end-user, or other party installs software listed on the Gigabytes Software Blacklist.

5. No Liability for Consequential Damages. In no event shall Gigabytes Technology LLC or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Gigabytes Technology LLC product or service, even if Gigabytes Technology LLC has been advised of the possibility of such damages.

6. Terms of Litigation. Any lawsuits that arise from the use of this service must be filed in the state of South Dakota and proceedings must be held in the city of Sioux Falls. Prior to any lawsuit, all of the customer’s accounts must be paid in full before any proceeding may take place.

7. Signature not Required. By permitting Gigabytes Technology LLC to inspect or service your computer, install software for the purpose of servicing or – as in the case of on-site technical support – allowing the technician into your home or place of business for the purpose of servicing your computer(s) you are effectively indicating your acceptance of this agreement as well as acknowledging your authorization for Gigabytes Technology LLC to proceed with any required procedure to resolve the issue(s) on your computer(s).

8. Privacy and Non-disclosure statement. Gigabytes Technology LLC, its employees and subsidiaries will not disclose, exploit for its/their own purposes, or otherwise distribute information or documentation of a confidential nature. This includes, but is not limited to: passwords, sensitive documents, IP addresses, system layouts, research and development projects, personnel information, access codes, company infrastructure, customer or client records, or internal information. This policy is also in accordance with HIPAA guidelines.

9. System Installs. Installations of security and similar systems is often fraught with unforeseen challenges that may change how the system can be installed. While we do endeavor to anticipate these challenges Gigabytes Technology LLC is not responsible for changes in installation due to environmental limitations.

10. Billing. Unless prior arrangements have been made, all invoices are due immediately upon completion of the work. A 10 calendar day processing period is extended to our customers as a courtesy, during which time Invoice reminders will be automatically sent out at 5 and 10 days.  A grace period of an additional 10 calendar days is extended beyond that for mailing and to adjust for any delays in processing. On the 21st day, the invoice becomes officially past due and a 10% late fee is assessed and added to the invoice.  For each 30 calendar days the invoice goes unpaid, a 10% late fee will be assessed and added to to invoice. Once the invoice is 90 calendar days past due, late fees will stop being assessed and Gigabytes Technology LLC will employ all means at its disposal to collect and recoup the invoice.  This may include but is not limited to asset recovery and legal proceedings.

Current pricing can be found at http://gigabytes-tech.com/gigabytes-fee-schedule/ .

Should you have any questions concerning this Agreement, or if you desire to contact Gigabytes Technology LLC for any reason, please use the contact information provided at the top of this page.