TERMS OF SERVICE
IMPORTANT NOTICE:
These Terms of Service apply only to “remote services,” which means that Your Brainiacs performs technology services for you over the telephone at 845-493-0208 or via the Internet. Please note that different Terms of Service apply to services rendered on-site, in-home, or at Your Brainiacs stores or technology centers, or from Your Brainiacs Agents who visit your home or business.
Your Brainiacs® refers to a line of technology services provided by Your Brainiacs, LLC.
Terms and Conditions
REMOTE SERVICES
(a) General Services: Your Brainiacs 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 Microsoft Windows XP or newer. If you elect to receive remote support, then Your Brainiacs remotely logs on through your high-speed Internet connection to view your computer desktop from the Brainiac Continuum. Your Brainiacs stays 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 Your Brainiacs to provide the remote support services. By electing to receive remote support, you agree to allow Your Brainiacs 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 and the charges rendered. 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) Software Demand Services: Software demand services may be offered to you by Your Brainiacs. If you elect to receive software demand services, you are electing to purchase software downloads. In such event, Your Brainiacs will transfer you to a third party who will provide you with information about the software and who will collect your payment information. Your Brainiacs transfers you, at your request, to the third party for your convenience; however, Your Brainiacs does not warrant or make any representation about the services or software provided by the third party. Ask about the third party’s privacy policy as it is different from the privacy policy that applies to Your Brainiacs collection and use of your personal information. Also ask about the service and software warranty applicable to the software download you receive from the third party as that warranty differs from the Your Brainiacs service warranty.
(d) Your Responsibility: You understand and agree that prior to contacting or allowing Your Brainiacs 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 Your Brainiacs shall not be responsible under any circumstance for any loss or corruption of data and/or software.
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: YOUR BRAINIACS RESERVES 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 YOUR BRAINIACS.
(b) FORCE MAJEURE: If Your Brainiac's ability to render remote services is impaired by you or circumstances beyond the control of Your Brainiacs, Your Brainiacs may choose not to provide or to discontinue remote services, upon which you will be refunded any and all payments already charged.
(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that Your Brainiac's total liability for damages related to its remote services is limited to the total amount you pay for the remote services, and you release Your Brainiacs from liability for any indirect, incidental, special, or consequential damages. YOUR BRAINIACS IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT, OR FOR ANY ALTERATIONS IN THE WORK PERFORMED BY YOUR BRAINIACS BY YOURSELF AFTER OUR WORK IS COMPLETE.
SERVICE WARRANTY
If you are not satisfied with remote services received from Your Brainiacs, please call 845-493-0208 for resolution. We warrant our remote services for 30 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 Your Brainiacs and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost.
PRIVACY POLICY
For information about the collection and use of your information, please refer to the Your Brainiacs Privacy Policy, which is available at www.yourbrainiacs.com/Privacy.html or by contacting Your Brainiacs at 845-493-0208.
Terms and Conditions
PAY FOR SUPPORT
(a) Services: Your Brainiacs 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 Your Brainiacs performs 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 Your Brainiacs shall not be responsible under any circumstance for any loss or corruption of data and/or software.
IN-HOME COMPUTER SERVICE
SCHEDULING
Standard service hours are Monday — Friday 9 A.M. to 5 P.M., Saturday 10 A.M. to 5 P.M. Additional charges may apply for rapid response or service outside of standard hours. 24-hour service is provided for existing customers.
SERVICE JURISDICTION
Your Brainiacs sets the Service Jurisdiction for each city and store. If a location lies beyond Your Brainiacs' standard Service Jurisdiction, additional travel charges may apply. To determine if your location is within a Your Brainiacs standard Service Jurisdiction, call 845-493-0208 for information and applicable travel charges.
ADDITIONAL SERVICES
These are available only to customers who have already purchased one on-site service and must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.
INSTALLATION AUTHORIZATION
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 Your Brainiacs agent arrives, services will be denied and a $79 cancellation charge will be assessed.
RESPONSIBILITY
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 Your Brainiacs agent arrives. Your Brainiacs 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.
MINIMUM SYSTEM REQUIREMENTS
(wireless home networking only)
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At least 10MB free hard disk space and 32 MB RAM on each computer
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Operating system and/or ISP passwords must be available
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Microsoft Windows 98 SE operating system or later
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Operating system discs and key codes must be available
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All computers and/or peripherals must be in good working order and spyware and virus free
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Broadband services, if any, must be installed and operational before service, including modem connections. DirecPC™ and DirecWay™ broadband are not covered by Your Brainiacs services.
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For narrowband (dialup) networking, Your Brainiacs will connect only to MSN or EarthLink.
ACCESS
The Your Brainiacs Agent 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 Your Brainiacs Agent determines that these conditions have not been met, services will be denied and a $79 cancellation charge assessed.
INSTALLATION AUTHORIZATION
Someone at least 18 years of age must be present at all times on the day of installation to approve all work completed.
LABOR ONLY
Installations do not include any parts or accessories (for example, wire, cable, software or hardware parts), except as specifically set forth on the detail page for the applicable installation service.
EVERY INSTALLATION INCLUDES:
- A pre-installation survey upon arrival at home.
- Connection of your newly purchased components in one (1) room, using exposed wire connections.
- Integration of your newly purchased component(s) into your existing and working system.
- When audio or video components are installed, we will program the remote controls for those components. Please note that separately purchased remote controls (like a Harmony® or Universal) can be programmed with the purchase of 1 of our remote programming offers.
- Neatly dressed wires and cables using wire ties when necessary.
- A brief educational demonstration of the newly purchased components which the installer has connected.
- Cleanup of wire clippings, drywall dust, or any other debris caused by installation.
- Note regarding wire/cable concealment: Locations that involve inadequate access for standard wall fishing to the wall where the wire is to be hidden, or the wire is to be hidden in a wall that contains insulation, vapor barriers, or any other obstructions, wire may be concealed by installer-provided paintable or matching track molding (which may require a return visit). Installer will finish wall fished cable exit points with a bushing, plate or spackle. We will spackle any area where access holes were created in the walls. The customer shall be responsible for any repainting.
- A 1-year limited warranty on all labor included with professional installation services. Your Brainiacs' professional installer will correct any material defects in the workmanship of the installation services you purchased if reported to Your Brainiacs within 1 year of the date services were completed. This limited warranty does not include any warranty on parts or equipment.
PAY-FOR-SUPPORT AND IN-HOME SERVICE TERMS
SERVICE LIMITATIONS
Your Brainiacs 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 Your Brainiacsand/or its third-party service provider.
FORCE MAJEURE
If Your Brainiacs and/or its third-party service provider's ability to render services is impaired by circumstances beyond the control of Your Brainiacs and/or its third-party service provider, Your Brainiacs and/or its third-party service provider may choose not to provide services.
LIMITATION OF REMEDY
Under no circumstances shall Your Brainiacs, 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 Your Brainiacs 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.
Your Brainiacs shall not be liable for any failure or delay in performance due to any cause beyond its control. If Your Brainiacs ability to render services is impaired by your failure to cooperate or circumstances beyond the control of Your Brainiacs, Your Brainiacs may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, Your Brainiacs shall not be responsible for repairing any damage or changes made to your residence.
LIMITATION OF LIABILITY & RELEASE
By signing the form on the opposite side of this page, you agree to release and hold harmless Your Brainiacs, and/or its third-party service provider from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by Your Brainiacs. 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, any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.) as a result of Your Brainiacs 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. Some states do not allow limitations or release of certain damages or liability, so the above limitation of liability and release may not apply to you.
CHANGES, CANCELLATIONS AND REFUNDS
To change your order: You must contact Your Brainiacs at 845-493-0208.
To cancel your order: You must contact Your Brainiacs at 845-493-0208 at least 2 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 845-493-0208 for resolution. We stand behind our Pay-for-Support services for 5 days. We stand behind our In-Home and On-Site Services 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.
LEGAL NOTICE
Your Brainiacs® refers to a line of technology services provided by Your Brainiacs, LLC.
