Landmark Computer Laboratories -- Terms of Service

IMPORTANT NOTICE: These Terms of Service apply both to Remote Services, which means Landmark Computer Labs technicians perform technology services for you over the telephone at (703) 370-2242 or via the Internet, and Site Visits, which include services rendered by Landmark technicians who visit your home or business.

(a) General Services: Landmark 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 you have a Windows-based PC (Windows 98 or newer) and a working cable or DSL high speed Internet connection. We cannot guarantee satisfactory performance over dialup connections. If you elect to receive remote support, then Landmark remotely logs on through your Internet connection to view your computer desktop from the Landmark support desk. Landmark 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 Landmark to provide the remote support services. By electing to receive remote support, you agree to allow Landmark to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer, the remote support software from the remote session may remain; however, you may fully remove it by using its Uninstall program. We may place a text file on your computer that explains the work tdone 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 Landmark 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 Landmark shall not be responsible under any circumstance for any loss or corruption of data and/or software, or loss of service.

SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: LANDMARK 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 LANDMARK.

(b) FORCE MAJEURE: If Landmark's ability to render remote services is impaired by you or circumstances beyond the control of Landmark, Landmark may choose not to provide or to discontinue remote services.

(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that Landmark’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 Landmark from liability for any indirect, incidental, special, or consequential damages. LANDMARK IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.

SERVICE WARRANTY
If you are not satisfied with remote services received from Landmark, please call us at (703) 370-2242 for resolution. We warrant our remote services for seven (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 Landmark 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 Landmark's Privacy Policy, which is available at www.landmarkcomputer.com/privacy.shtml or by contacting Landmark at (703) 370-2242.

IMPORTANT NOTICE: These terms of service apply only to services ("Remote Support" and site visits) ordered from Landmark by phone at (703) 370-2242 or via our Web-based Contact Form at http://www.landmarkcomputer.com/contact.shtml.

(a) Services: Landmark 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 Landmark 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 Landmark shall not be responsible under any circumstance for any loss or corruption of data and/or software.

SITE VISITS: COMPUTER SERVICE SCHEDULING
Standard service hours are Monday through Friday 9 :00 am to 7:00 pm, Saturday 10:00 am to 5:00 pm. Additional charges may apply for rapid response or service outside of standard hours.

SERVICE JURISDICTION
Landmark works within a primary service area roughly defined as locations within a 40-minute drive of the Landmark area of Alexandria, Virginia. If a location lies beyond Landmark's standard Service Jurisdiction, additional travel charges may apply. To determine if your location is within Landmark's standard service area, inquire.

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 Landmark agent arrives, services will be denied and a cancellation charge may 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 Landmark agent arrives or takes control of your computer remotely. Landmark 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
(Remote Support only)

ACCESS
The Landmark technician 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 Landmark technician determines that these conditions have not been met, services will be denied and a cancellation charge may be assessed.

RESPONSIBILITY
Landmark technicians will not be held responsible for moving any furniture or valuables. Landmark technicians will not, under any circumstances, move, alter or install electrical outlets. We recommend you have necessary electrical work performed prior to installation service.

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, cable, hardware, software, connectors, or similar parts), except as specifically set forth on the detail page for the applicable installation service.

SITE VISITS: SERVICE TERMS AND LIMITATIONS
Landmark 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 Landmark and/or its third-party service provider.

FORCE MAJEURE
If Landmark and/or its third-party service provider's ability to render services is impaired by circumstances beyond the control of Landmark and/or its third-party service provider, Landmark and/or its third-party service provider may choose not to provide services.

LIMITATION OF REMEDY
Under no circumstances shall Landmark 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 Landmark 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.

Landmark shall not be liable for any failure or delay in performance due to any cause beyond its control. If Landmark's ability to render services is impaired by your failure to cooperate or circumstances beyond the control of Landmark, Landmark 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, Landmark shall not be responsible for repairing any damage or changes made to your residence.

LIMITATION OF LIABILITY AND RELEASE
By requesting service, you agree to release and hold harmless Landmark 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 Landmark. 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 Landmark 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 Landmark at (703) 370-2242.

To cancel your order: You must contact Landmark at least 2 hours prior to the scheduled service. The prepayment amount, if any, will be fully refunded in the manner the purchase was paid.

If you are not satisfied with your service: Call Landmark for resolution. We stand behind our services. If there is a problem with the service we provided and you notify us within seven (7) days, we will work to remedy the problem quickly and at no additional cost.


Wednesday, March 17, 2010