Services and Diagnostic Fee
MEGABYTE MAGIC INC. will perform all necessary services reasonably necessary to properly complete the repair of your computer or system.
Payment
Once service is complete, your payment for the actual costs incurred and the final sum owed, is due upon completion. All Prices are in U.S. Dollars. Should it be determined in the course of the performance of diagnostics that the problems on your computer are hardware based, MEGABYTE MAGIC INC. will notify you of same and you may take or send the hardware to a repair station of your choice or to MEGABYTE MAGIC INC., for service on the hardware; diagnostic fees may still be applicable. No adequate estimate of that expense can be determined without actually testing the hardware.
Transfer or Installation Services
Unless otherwise agreed, MEGABYTE MAGIC INC. is not liable for and you agree to hold MEGABYTE MAGIC INC. and owner harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of MEGABYTE MAGIC INC.'s services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize MEGABYTE MAGIC INC. to transfer the information and accept such terms on your behalf in performing the service.
Warranty
In servicing your computer, MEGABYTE MAGIC INC. warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 30 days at the discretion of MEGABYTE MAGIC INC. There is NO warranty for removal of viruses, spyware, adware or malware; if they are the cause of a repeat effort, you will be charged again for that service, unless covered by the PC Protection plan.*
Returns/Cancellation of Service(s)
All unopened software may be returned to Megabyte Magic Inc. for a full refund within 30 days of purchase with a receipt. All Hardware, including but not limited to custom computers built or resold by MEGABYTE MAGIC INC., may be returned within 7 days of purchase and must be returned with an RMA number. An RMA number may be obtained by calling the customer service number listed below or with an email request to
helpme@megabytemagic.com (Invoice/purchase order number required) Any unused PC protection plan may be refunded within 3 days of purchase by contacting customer service at 248-663-2396 and requesting cancellation by policy number.
Terms of Service Continued
Data Protection
You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing MEGABYTE MAGIC INC. to commence its services for you.
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 MEGABYTE MAGIC INC. remotely logs on through your high-speed Internet connection to view your computer desktop from a remote location. Remote support may involve the installation of software on your computer that will allow MEGABYTE MAGIC INC. to provide the remote support services. By electing to receive remote support, you agree to allow MEGABYTE MAGIC INC. to use whatever tools deemed necessary to repair your computer, including remote access. *Remote support sessions lasting over 60 minutes will incur additional fees unless covered under the PC Protection plan.
*THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY MEGABYTE MAGIC INC. MEGABYTE MAGIC INC. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF MEGABYTE MAGIC INC. CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, MEGABYTE MAGIC INC. HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. MEGABYTE MAGIC INC.'S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO MEGABYTE MAGIC INC.'S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY MEGABYTE MAGIC INC. FOR SUCH SERVICE. MEGABYTE MAGIC INC. HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. MEGABYTE MAGIC INC. EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST MEGABYTE MAGIC INC. IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID MEGABYTE MAGIC INC. FOR THE SERVICE.
This agreement shall be construed under the laws of the State of Michigan. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. Any and all binding arbitration proceedings shall be undertaken as "fast track" proceedings and shall only be commenced in Wayne County, Michigan. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Michigan. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.
