Terms of Service
(1) Terms of Guarantee: 30 days on workmanship for both hardware and software, manufacturers warranty on parts. Applies to labor only and only to specific issue (s) requested. New issues which may arise hours later or days later are not covered under this guarantee. If there is a problem specifically with any issue we diagnosed and repaired, we will make it right with you at no additional charge. However, if the issue is unrelated to our service, then you will be charged. Customer understands best effort support will be provided and as such, additional service and/or equipment may be required in order to reach customer goals.
IMPORTANT NOTICE: These Terms of Service apply only to remote support, which means The I.T. Guys perform technology services for you over the telephone at 813-333-2878 or via the internet. Please note that different Terms of Service apply to services rendered from The I.T. Guys personnel who visit your home or business.
(a) General Services: The I.T. Guys 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 Windows 98SE or newer. If you elect to receive remote support, then The I.T. Guys remotely log on through your high-speed internet connection to view your computer desktop from the The I.T. Guys Operations Center. The I.T. Guys stay 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 The I.T. Guys to provide remote support services. By electing to receive remote support, you agree to allow The I.T. Guys 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 The I.T. Guys 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 The I.T. Guys shall not be responsible under any circumstance for any loss or corruption of data and/or software.
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: THE I.T. GUYS RESERVE 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 THE I.T. GUYS.
(b) FORCE MAJEURE: If The I.T. Guys ability to render remote services is impaired by you or circumstances beyond the control of The I.T. Guys, The I.T. Guys may choose not to provide or to discontinue remote services.
(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that The I.T. Guys total liability for damages related to its remote services is limited to the total amount you pay for the remote services, and you release The I.T. Guys from liability for any indirect, incidental, special, or consequential damages. THE I.T. GUYS IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.
If you are not satisfied with remote services received from The I.T. Guys, please call 813-333-2878 for resolution. We warrant our remote services for 7 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 The I.T. Guys and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost.
LAST UPDATED: June 8, 2007
IMPORTANT NOTICE: These terms of service apply to services ("Pay for Support" and "In-Home Service") ordered from The I.T. Guys by phone at 813-333-2878. Services provided by The I.T. Guys personnel On-site may differ from the terms and conditions defined here.
Terms and Conditions
PAY FOR SUPPORT
(a) Services: The I.T. Guys will attempt to diagnose and solve problems over the telephone 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 The I.T. Guys perform 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 The I.T. Guys shall not be responsible under any circumstance for any loss or corruption of data and/or software.
(a) Scheduling: Standard service hours are Monday-Friday 9 A.M. to 6 P.M., Saturday 10 A.M. to 2 P.M. Additional charges may apply for rapid response or service outside of standard hours.
(b) Service Jurisdiction: The I.T. Guys set the Service Jurisdiction for each city. If a location lies beyond The I.T. Guys standard Service Jurisdiction, additional travel charges may apply. To determine if your location is within The I.T. Guys standard Service Jurisdiction, contact us online at www.theitguysonline.com or call 813-333-2878 for information and applicable travel charges.
(c) Adult Must Be Present: 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 The I.T. Guys personnel arrive, services will be denied and a $139 cancellation charge will be assessed.
(e) Software/Data Backup: 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 The I.T. Guys personnel arrives. The I.T. Guys 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.
(f) Minimum System Requirements (wireless 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 The I.T. Guys services.
For narrowband (dialup) networking, The I.T. Guys will connect only to MSN or EarthLink.
(g) Access: The I.T. Guys personnel 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 The I.T. Guys personnel determine that these conditions have not been met, services will be denied and a $139 cancellation charge assessed.
PAY-FOR-SUPPORT AND IN-HOME SERVICE TERMS
Service Limitations: The I.T. Guys 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 The I.T. Guys and/or its third-party service provider.
Force Majeure: If The I.T. Guys and/or its third-party service provider's ability to render services is impaired by circumstances beyond the control of The I.T. Guys and/or its third-party service provider, The I.T. Guys and/or its third-party service provider may choose not to provide services.
Limitation of Remedy: Under no circumstances shall The I.T. Guys, 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 The I.T. Guys 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.
Release of Liability: By signing the form on the opposite side of this page, you agree to release and hold harmless The I.T. Guys, and/or its third-party service provider from and against any loss, liability, or damage that you, the owner, or lessee may suffer. 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 as a result of The I.T. Guys 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 The I.T. Guys Customer Service at 813-333-2878.
To cancel your order: You must contact The I.T. Guys Customer Service at 813-333-2878 at least 24 hours prior to the scheduled service. The payment amount will be fully refunded in the manner the purchase was paid.
If you are not satisfied with your service: Call 813-333-2878 for resolution. We stand behind our Pay-for-Support services for 7 days. We stand behind our In-Home Service for 30 days. 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 and at no additional cost.
FOR IN-HOME SERVICES PROVIDED IN CALIFORNIA
An estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by The I.T. Guys in writing, and The I.T. Guys may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, The I.T. Guys may charge a reasonable fee for services provided to determine the nature of the malfunction when preparing a written estimate for repair. For information contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814.
What information do The I.T. Guys personnel collect from me?
We may collect personal information such as your name, mailing address, phone number, eMail address, credit card number, and other billing information.
When does The I.T. Guys collect information from me?
When using products or services available from The I.T. Guys, you may be asked to provide personal information. For example, you may be asked to provide personal information when you schedule an appointment for services; purchase products; contact The I.T. Guys call centers; initiate a chat session; participate in a sweepstakes, promotion, or survey; and/or participate in other activities with The I.T. Guys entities.
How is my information used?
The I.T. Guys uses the information you provide to fulfill requests for service or information; provide customer service; administer sweepstakes, promotions or surveys; offer new products or services; improve the effectiveness of our web site, marketing endeavors and offers; conduct research and analysis; send marketing communications; or perform other business activities.
Do The I.T. Guys share my personal information with others?
The I.T. Guys does not sell or rent your personal information to third parties, although we may need to share your personal information with certain third parties such as our service providers and other representatives for limited purposes. For example, The I.T. Guys may share personal information with third parties to send marketing communications; service products; conduct research, analysis or administer surveys; send mail and eMail; process credit card payments, administer sweepstakes, provide call-center, data storage, and hosting services.
The third parties with whom The I.T. Guys conducts business are only authorized to use your information to perform the service for which they were hired. As part of our agreement with them, they are required to follow the privacy guidelines given to them and to take reasonable measures to ensure your personal information is secure.
The I.T. Guys may also share your personal information with companies who have referred you to us for goods and services, or have provided space in their store locations for The I.T. Guys to offer its goods and services, or have allowed us to have a presence on their web sites.
From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. The I.T. Guys may share certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of ourselves and others. The I.T. Guys may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
Third-Party Ad Providers
Our Web sites use third-party service providers to serve ads across the Internet and analyze Web site traffic on our behalf. They may collect anonymous information about your visits to our Web site, and your interaction with our ads. These companies may use technologies similar to those outlined above to measure the effectiveness of ads and e-mails. They may also use information about your visits to this and other Web sites so that we can provide advertisements about goods and services.
No personally identifiable information is collected in this process. We may share anonymous information with this service provider in an aggregate form, for purposes of analysis and improvement of our site.
Can I control the use of my information for marketing purposes?
The I.T. Guys is an opt-out organization. Once we receive your information, we may send you marketing communications that contain valuable offers, promotions, and other Content. You always have the ability to opt out of receiving future marketing communications from The I.T. Guys.
To stop receiving marketing communications from The I.T. Guys:
Follow the directions on any of our marketing eMail or direct mail marketing communications.
Contact us online at: www.theitguysonline.com Be sure to include your full name, address, phone number, and eMail address.
If you contact us online or send a letter request, please be sure to include your current contact information, and indicate specifically what type of marketing communication(s) (for example, eMail, direct mail and/or phone) that you wish to stop receiving. This helps identify you correctly in The I.T. Guys systems so personnel can process your request. Please note that due to production, mailing and system timelines, and the form in which we received your request, it may take up to ten business days for eMails, 30 calendar days for phone calls, and six weeks for direct mail to remove you from The I.T. Guys marketing lists. Until the change takes effect, you may still receive marketing communications from us. Also, please note that even though you may have requested not to receive future marketing communications, you may still receive business-related notices such as appointment confirmation calls, billing information, or other organization-related information. Further, opting out of The I.T. Guys marketing communications does not remove you from our parent companys marketing lists. You must contact them directly if you wish to stop receiving their marketing communications. If you have never provided your personal information and would like to be added to our marketing list, please use the contact information above.
How does The I.T. Guys secure my personal information?
Whether you receive services or purchase products from The I.T. Guys, use THEITGUYSONLINE.COM, have services performed at your location, or contact The I.T. Guys call center, we take reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information. This includes personal information that you provide to complete a purchase. We cannot ensure or warrant the security of any information you transmit by eMail, and you do so at your own risk.
Please note that while The I.T. Guys is able to protect personal information that is provided during the course of business, we cannot take responsibility for data loss on the products or systems serviced. You must remove or back up this information to safeguard it.
When posting information on The I.T. Guys blogs, please use caution when providing any personal data about yourself, since this information may be viewed by others. We recommended that you do not provide your name, address, or any other personal information in this area. The I.T. Guys will monitor blog content and make every effort to remove this type of information before posting. However, if you choose to include personal data in your content, you do so at your own risk and you accept full responsibility for those posts and any consequences that may arise.
The I.T. Guys personnel use remote access to diagnose and resolve system problems. This lets us access your computer to determine the problem and either repair it or provide advice on possible repair options. By taking advantage of this service, you give permission to a The I.T. Guys personnel to log into your computer, which may contain personal information. He or she will only search your computer to determine the cause of the problem and will attempt to minimize interaction with your data. It is your responsibility to ensure that all of your files, especially those containing personal information, are secure to prevent any type of data loss or corruption.
The I.T. Guys use a third party to place cookies on your computer. Although these may contain a unique user ID, they do not collect or store any identifiable personal information.
The The I.T. Guys web server automatically collects clickstream information such as the address (URL) of the web site that you came from before visiting THEITGUYSONLINE.COM, which pages you visit on our site while youâ€™re there, which browser you used to view our site, and any search terms you may have entered, among other things. THEITGUYSONLINE.COM may also use anonymous clickstream data to track which pages visitors view. This helps us understand how visitors use our sites.
How can I update my information?
The I.T. Guys wants your information and marketing preferences to be complete and accurate. To update your information, call 813-333-2878, contact us online at: THEITGUYSONLINE.COM, or write an email to us by using the service request form.
If you contact us online or send a letter request please include your current contact information and list the requested changes you would like to have made.
Do The I.T. Guys collect information from children?
The I.T. Guys will not knowingly or intentionally collect personal information online from children under the age of 13. The I.T. Guys is committed to protecting the privacy of children.
Who can I contact with questions about the security of my information?
Please contact our privacy manager to report any known or suspected privacy or security breaches or to submit privacy or security-related questions or complaints. After receiving your inquiry, we will respond within five business days. You may call 813-333-2878, contact us online at: THEITGUYSONLINE.COM, write an email to us by using the service request form, or send a letter to our office: I T GUYS INC, 11119 Silver Fern Way, Riverview, FL 33569.
Effective date: June 8, 2007