Terms of Service

Mystical Computers Repair Shop Service Agreement

This is an agreement between myself and Mystical Computers. It supersedes any verbal communications or published material.

"If you have purchased software or operating system installation services, your purchase indicates your authorization of Mystical Computers to serve as your proxy; and accept on your behalf "click through" End User License Agreements that are encountered and must be accepted as part of the installation process." The Customer requests and authorizes Mystical Computers and any employee, subcontractor or consultant of Mystical Computers to examine, modify and attempt to repair any and all problems found with the computer system, data storage device, ALL files, and any peripherals left by The Customer on the premises of the Customer. The Customer understands an estimate fee may apply if The Customer declines to purchase replacement parts required to complete the repair. The customer authorizes Mystical Computers to replace or modify any internet security software with freely available alternatives and to install an alternative web browser to protect the computer from internet threats at their discretion and without prior notification. The Customer agrees NOT to hold Mystical Computers or any employee, subcontractor or consultant of Mystical Computers responsible in any way for the failure or functionality of any and all hardware or software associated with The Customers computer, peripherals or data storage device, including any failure that occurs while attempting repair. The Customer accepts ALL RISK associated with any repair or attempted repair or any other action by Mystical Computers and its associated employees and subcontractors on any and all of The Customers computers connected or unconnected by networks. I The Customer am aware of the importance of backing up my data and software. The Customer agrees NOT to hold Mystical Computers or any employee, subcontractor or consultant of Mystical Computers responsible in any way for the loss or corruption or consequences of the failure to recover any data or software residing on The Customers computer system or data storage device. The Customer understands that the estimated time quoted to complete my service depends on many factors and is a GOOD FAITH ESTIMATE ONLY. The Customer understands it is possible this time could significantly increase depending on what problems are discovered during service. The Customer understands that estimated turn around times for service does NOT include: The day the system is dropped off. Saturdays, Sundays or Holidays. Time spent waiting for special order parts. Circuit board or other contracted repairs including Data Recovery I understand The Customer is welcome and encouraged to contact Mystical Computers during regular business hours to check on the status of my service, but that The Customer may or may not be contacted by Mystical Computers until my input is needed or service is complete. The Customer understands items left at any Mystical Computers location longer than 30 days from the date of drop off may be sold without the customers consent. Diagnostic fees are due prior to work. If item is repaired during the diagnostic phase then the repair fee will apply. A deposit will be required for parts that are not stocked. All sales are final. Our work is guaranteed for 30 Days upon completion of job. Diagnostic/labor fees are non-refundable. A $25 charge will be applied to returned checks. We will not be held liable for lost or damaged data due to viruses/hardware failure, undeclared problems, or newly discovered problems. If your machine develops a new symptom within the 30 day period after your machine was repaired, the new symptom will be treated as a new repair and incur our usual and customary rate. Due to space limitations, we request that you pick up your equipment promptly. Equipment not picked up within 30 days, will be considered abandoned and will be discarded.

Parts and Warranty: We will contact you before ordering parts that are not stocked with an estimate of the cost of the part and the amount of the labor cost involved. All parts are ordered with your consent. When we order parts on your behalf, you will be charged for the parts and any associated labor cost. There are no returns or exchanges. Our vendors will not allow us to return parts for credit. Parts replaced within the manufacturers warranty period may be new or refurbished and are covered by the remaining manufacturers warranty. Parts

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warranty is by the manufacturer or vendor. For non-warranty work, parts may be new, used or refurbished, and the warranty period can vary so will let you know before the parts is ordered. Customers will be charged for any return shipping charges. We are not responsible for service transit times for parts that are ordered.

No Trouble Found: Occasionally we will receive a machine for repair that we cannot nd a problem with or duplicate the problem described. In cases such as this, there will be a troubleshooting charge. If the problem with your machine reoccurs within 30 days, we will apply the previous charge to the new service provided. If there is an additional charge, you will be notied before the work is done.

Turnaround Time: First come, rst serve. We make every effort to troubleshoot every machine that enters our shop within 24 hrs. However, due to periods of increased workload it may take longer to contact you with a diagnostic. A time estimate will be given when you drop your machine off.

Malware Infection: We provide what we believe is that best protection against viruses and spyware at the time of service. There does not exist 100% protection against such threats. If you get infected within 30 days, we will analyze the situation to see if you qualify for a discounted removal fee.

I agree to the following terms and conditions set by Mystical Computers. I also authorize Mystical Computers to diagnose my equipment. I authorize Mystical Computers to estimate repair costs. If equipment is repaired during the diagnostic then the repair fee will only apply. I understand estimates costs apply whether or not repairs are done, even when the problem cannot be located. Terms and conditions are subject to change. I understand that there is a separate fee to backup personal data prior to work.

Release of Liability: CLIENT agrees to release and hold harmless MYSTICAL COMPUTERS from any and all liability associated with the performance of service or the provision of parts, and acknowledges also that MYSTICAL COMPUTERS offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturers warranty. Further: 1. CLIENT acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but not limited to, damage to CLIENT's home, office, computer hardware, cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media. 2. CLIENT agrees to release and hold harmless MYSTICAL COMPUTERS from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of MYSTICAL COMPUTERS, its agents or service representatives. 3. CLIENT grants MYSTICAL COMPUTERS, its agents and service representatives, access and permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories. 4. CLIENT grants MYSTICAL COMPUTERS, its agents and service representatives, access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CLIENT's computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on CLIENT's computer system or network. 5. CLIENT grants MYSTICAL COMPUTERS, its agents and service representatives, permission to physically access CLIENT's home or office property where CLIENT's computer system and/or network reside. 6. CLIENT grants MYSTICAL COMPUTERS, its agents and service representatives, permission to perform modification to CLIENT's home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling through or disassembling furniture, walls, floors, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties.

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7. CLIENT grants MYSTICAL COMPUTERS, its agents and service representatives, permission to download and/or install software on CLIENT's computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and software requested to be installed by CLIENT. 8. CLIENT grants MYSTICAL COMPUTERS, its agents and service representatives, permission to install hardware in CLIENT's computer and/or network, including but not limited to, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware requested to be installed by CLIENT. 9. MYSTICAL COMPUTERS strongly recommends that CLIENT safeguard critical data by backing up said data prior to any services performed by MYSTICAL COMPUTERS. Unless specifically requested and provided as a paid service by MYSTICAL COMPUTERS, CLIENT is responsible for any backup, archiving, or protective storage as well as restoration if required, of CLIENT's data. MYSTICAL COMPUTERS is a provider of billable on-site services. Neither the signing of this agreement nor the performance of services by MYSTICAL COMPUTERS implies availability of telephone technical support. This document constitutes the entire agreement between CLIENT and MYSTICAL COMPUTERS. No other agreement, whether verbal or written shall be in effect except if agreed to and authorized in writing. 10. IN ALL CIRCUMSTANCES, YOU AGREE THAT MYSTICAL COMPUTERS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES ("SERVICE PROVIDER") MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD AND/OR SERVICES RENDERED. SERVICE PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR CLAIMS AGAINST US FOR DAMAGES AGAINST THE CUSTOMER. FURTHERMORE, SERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR INCOME, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, AND/OR SUBSEQUENT DAMAGE TO ANY HARDWARE DUE TO HARDWARE FAILURE, SOFTWARE FAILURE, OR VIRUSES. SERVICE PROVIDER IS NOT RESPONSIBLE FOR ANY OF THE FOREGOING OBLIGATIONS, AND CUSTOMER SHALL HAVE NO RIGHT OF RECOURSE AGAINST SERVICE PROVIDER FOR ANY SUCH OBLIGATIONS. IN NO EVENT, SHALL MYSTICAL COMPUTERS OR ANY OF ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES REGARDLESS OF WHETHER MYSTICAL COMPUTERS OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. ALL OTHER PRODUCTS AND SERVICES AVAILABLE FOR ORDER THROUGH SERVICE PROVIDER BESIDES THE SOFTWARE (THE "OTHER PRODUCTS") ARE DISTRIBUTED ON BEHALF OF THIRD-PARTY SUPPLIERS ("SUPPLIERS"), UNLESS OTHERWISE INDICATED. EXCEPT FOR THE MYSTICAL COMPUTERS RETURN POLICY, ALL OF YOUR RIGHTS AND REMEDIES WITH RESPECT TO YOUR ORDER, PURCHASE, POSSESSION, AND USE OF THE OTHER PRODUCTS AND ALL MAINTENANCE, UPDATE, WARRANTY, LIABILITY, AND ANY OTHER OBLIGATIONS RELATED TO THE OTHER PRODUCTS, IF ANY, SHALL BE GOVERNED BY THE APPLICABLE POLICIES AND PROCEDURES OF THE SUPPLIERS. 12. Mystical Computers will not be responsible for lost or corrupted data. 13. Items left over thirty (30) days at Mystical Computers facility will be considered abandoned and become the property of Mystical Computers. Mystical Computers. shall make every reasonable effort to contact the owner of the property and to facilitate the recovery of said property to its owner. 14. Mystical Computers is not responsible for issues due to setting changes, new software upgrades, ISP connection issues, relocation, viruses or spyware issues or misuse. 15. Remote Support: By downloading or installing the Software, you will permit others to remotely access your server, workstation or PC. You are solely responsible and wholly liable for ensuring that the person accessing your server, workstation or PC has your authorization to do so. You are also solely responsible and wholly liable for the confidentiality and security of your data, software and hardware. You agree that Mystical Computers is not responsible or liable for situations where your data, software and hardware is accessed by third parties with or without your authorization or through improper, illegal or illicit means, including, without limitation, situations where data, software and hardware owned by you is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Mystical Computers at the time) which may exist in the Software or the equipment used to provide the Software hosting services. This is confirmation that you have requested that Mystical Computers provide support to you which may include allowing Mystical Computers to access your system via remote dial-in to analyze problems that you may be experiencing and to assist you with problem diagnosis and/or resolution. Any remote access will be done with your permission only, and Mystical Computers will access only those systems authorized by you. If you do not agree to the terms of this letter, however, you are not authorized to receive dial-in support remotely. Additionally, in order for Mystical Computers to effectively solve your problem, some machine configuration data may be collected. No personal data will be automatically collected. You are urged to delete any material or information that you feel is confidential. You explicitly authorize Mystical Computers to access and utilize that information for the purpose of assisting you with problem diagnosis and/or resolution. 16. On site service: travel fee payment will be required upon arrival and a 50% deposit on services rendered. 17. Fees and Payment Any amounts payable to Mystical Computers not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If Mystical Computers collects any payment due at law or through an attorney at law or under advice there from or through a collection agency, Customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees. If any check is returned for insufficient funds, Mystical Computers may impose a processing charge of $25.

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18. All prices and price quotes given are subject to change by Mystical Computers.

the loss, real or perceived, of data, time, financial opportunity, or any other consequence arising from repairs that are rendered.
19. Mystical Computers is not responsible for 20. PC must be immediately available to the Technician during scheduled appointment 21. PC must meet minimum requirements for repair 22. Mystical Computers has a No Refund Policy, once sales are completed and paid the sale is final. 23. Mystical Computers is a provider of billable on site services and does not offer or provide telephone technical support without a basic fee of $25 (Per 15 minutes and Per incident). Neither the signing of this agreement nor the performance of services by Mystical Computers implies availability of telephone technical support. 24. By requesting our services, CLIENT indicates that he/she has read and understands, and agrees to the terms of this Release of Liability form. 25. This document constitutes the entire agreement between CLIENT and PC Wizard Service. No other agreement whether verbal or written shall be in effect except if agreed to and authorized in writing. By signing below, CLIENT indicates that he/she has read and understands, and agrees to the terms of this Release of Liability form, which is kept on file at the offices of MYSTICAL COMPUTERS.

Client:

PRINT SIGN

____________________ Date_______________ ____________________

Technician_________________ Date_______________

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