Gigabytes Terms of Service

Gigabytes Technology LLC Technical Support Terms of Service

1. Use of Software. Software installed on any device must be owned and furnished by the customer. Gigabytes Technology LLC may require proof of ownership prior to working on the equipment. 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 determine and remove any malicious or illegal software on equipment.

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 several warranties on parts and service.

 A: Labor 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

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

B: Installation Warranty. Gigabytes Technology LLC offers you a 30-day limited installation warranty which activates from the time the work is officially complete. This warranty covers all parts and labor for any defect in equipment installation which causes a hardware failure only. Upgrades, customizations (such as equipment placement or adjustment), and additions are not covered.

C: Equipment Warranty. Gigabytes Technology LLC offers a limited warranty on all parts purchased from Gigabytes Technology LLC for 1 year after installation invoice date. This warranty only covers damage due to manufacturer defects in the part or equipment as determined by Gigabytes Technology LLC and the replacement cost of that part or equipment. This warranty does not cover any other incidental costs including, but not limited to: labor, repair, installation, and/or shipping costs.

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 service – allowing the technician into your home or place of business for the purpose of servicing or installing 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 to provide the requested service.

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 as NET terms are not available. On the 1st day after the service or installation is complete, the invoice becomes officially past due, however, 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, 10, and 20 days.  A grace period of an additional 10 calendar days is extended beyond that for mailing and to adjust for any delays in processing. All service and warranties will be suspended on the 21st day until the invoice is paid. 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 legal means at its disposal to collect and recoup the invoice. This may include but is not limited to asset recovery and legal proceedings.

11. Severability. If any part of these Terms of Service is in conflict with law, regulation, or another part of this document, the remainder of the Terms of Service shall remain in effect.

Current pricing can be found at .

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.