Terms and Conditions of Sale, Service and Use of this website "www.apluspcservices.com"
- Customer satisfaction and privacy is of utmost importance to us.
- We believe business should be conducted honestly and fairly.
- We strive to provide the highest quality of service and support.
We cannot guarantee specific results for our services, although pledge to operate under the principles stated above and expect our guests, visitors, members, clients and vendors to do the same.
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS Website. ANY USE OF THIS Website CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS Website IMMEDIATELY.
The following are terms of a legal agreement (the "Agreement") between you and A+ PC Services LLC ("APCS") that sets forth the terms and conditions for your use of apluspcservices.com (the "Website"). This Website is owned and operated by APCS. This Website is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and APCS.
It is the sole responsibility of the customer to make backup copies of all relevant data, programs, software and media prior to requesting any service from APCS.
APCS reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Website. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Website after any change to this Agreement constitutes your agreement to be bound by any such changes. APCS may terminate, suspend, change, or restrict access to all or any part of this Website without notice or liability.
If APCS is unable to resolve your problem, other options will be presented to you and you will receive a full refund.*1
A form of payment by "major credit card" must be provided before any service is performed by APCS. In the event additional services are requested or required, full payment is due upon completion of service. All hardware and software purchases are prepaid prior to shipping or downloading. Failure to pay may result in the debt being turned over to a collections agency and reporting to the credit bureau. You will be responsible for all costs incurred by APCS, collection agencies, or other costs incurred by litigation "the courts" for failure to pay.
*1 - Once an order has been placed, it's the sole discretion of APCS to decide whether or not we can resolve the problem/issue. In some instances, research time may be needed in order to find a resolution to your problem/issue. In these instances, if the problem is resolved by anyone else during the time APCS is researching the issue on the customer's behalf, this does not constitute APCS not being able to resolve the problem and your fees will not be refunded. In some instances, you or someone at your location may be required to assist in the servicing of your computer/device. Failure to provide this required assistance does not constitute APCS "Not" being able to resolve your problem and fees will not be refunded. In some instances, it may be required for you to obtain hardware or software at the direction of the APCS Service Agent or Technician. In these instances, your ticket will remain open for 7 days in order for you to obtain the hardware to complete the service. Failure to obtain and/or call APCS back to complete the service does not constitute APCS "Not" being able to resolve your problem and fees will not be refunded. In other instances, your original Windows Installation Disc or Bootable Repair Disc or Original Software Disc or Installation File will be required to resolve your issue. In these instances, your ticket will remain open for 7 days in order for you to obtain a replacement disc. Failure to obtain or the absence of this disc does not constitute APCS not being able to resolve your problem and fees will not be refunded. All services include a 7 day limited guarantee from date of original service. If additional time is needed, you must contact APCS for a written warranty extension. Failure to obtain a written warranty extension will result in a closed ticket and your payment will not be refunded.
The customer shall be exclusively responsible for the supervision, management and control of its’ own equipment, and APCS nor its’ authorized representatives shall have no liability therefore. Without limiting the generality of the foregoing, the customer should make backup copies of all relevant programs and media prior to requesting any and all services from APCS.
APCS shall have no liability under the foregoing warranty to the extent that: (a) The customer has failed to report “to APCS” any failure of equipment promptly after such failure occurs; (b) the Equipment has been misused or exposed to environmental or operating conditions other than those specified by the manufacturer or APCS; (c) the Equipment has been damaged, altered intentionally or by accident, neglect or abuse; or (d) the claimed failure or error has been caused, in whole or in part, by a person or entity other than APCS.
Data Loss - It is the sole responsibility of the customer to make backup copies of all relevant data, programs, software, and media prior to requesting any service from APCS. APCS offers no warranty of any kind for data, program, software, or media loss or damage nor for any financial loss the customer may incur as a result of said loss or damage.
LIMITATIONS OF USE
The copyright in all material on this Website, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by APCS or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of APCS. You acknowledge that the Content is and shall remain the property of APCS. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without APCS's prior written approval. You also may not, without APCS's express written permission, "mirror" any material contained on this Website on any other server. Any unauthorized use of any Content on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the Content and Website only for lawful purposes. You are prohibited from any use of the Content or Website that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Website, including but not limited to unauthorized entry into APCS's systems, misuse of passwords, or misuse of any information posted on the Website is strictly prohibited. APCS makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by APCS.
Members of the APCS must be 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this Website.
CONTENT AND USE RESTRICTIONS
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Website or on any other Website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any APCS member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Website, or obtained or obtainable from sources unrelated to the Website (such as from a "Google® search" or other online research).
You agree to not to use the Website or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any APCS member or other third party. In order to protect APCS members from such advertising or solicitation, APCS reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which APCS deems appropriate in our sole discretion. Directly contacting more than ten (10) APCS members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.
APCS (including the APCS logo), apluspcservices.com, and all related logos (collectively the "APCS trademarks") are trademarks or service marks of APCS. Other company, product, and service names and logos used and displayed on this Website may be trademarks or service marks owned by APCS or others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the APCS trademarks displayed on this Website, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website unless in accordance with written authorization by us. APCS prohibits use of any of the APCS trademarks as part of a link to or from any Website unless establishment of such a link is approved in writing by us in advance. Any questions concerning any APCS Trademarks, or whether any mark or logo is a APCS Trademark, should be referred to APCS.
LINKS TO THIRD-PARTY Websites
CONSENT TO DOING BUSINESS ELECTRONICALLY
Whether you choose to participate on the APCS Website as a visitor, member or client, from time to time you will receive disclosures, notices, documents and information ("Communications") from A+ PC Services LLC, or our respective agents (collectively, "we" or "us"). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.
You agree that all Communications from us, APCS, and our respective agents may be provided or made available to you electronically by e-mail or at our Website. If you consent, you still have the right to receive a free paper copy of any Communication by contacting us in the manner described below. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent
Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions through the APCS Website.
Hardware and Software Requirements
To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 9.0 or above, Firefox 4.0 or above, or similar software, Adobe Acrobat and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.
If you are accessing our Website electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our Website through alternate means that provide you with the ability to print and save the Communications.
You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward (1) you cannot place any further orders the APCS platform, (2) any pending orders or bids will automatically terminate and be removed from the APCS Website, and (3) the withdrawal of your consent will not affect the legal validity and enforceability of any pending orders obtained through the APCS Website, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect your decision to withdraw, we will send you any further Communications by mail or other non-electronic means.
Changes in Your Contact Information
Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at firstname.lastname@example.org or by writing to us at (APCS) A+ PC Services LLC, 309 North Main Street, Suite-H, Jonesboro, GA, 30236, Attn: MyInfo.
DISCLAIMER OF WARRANTIES
NONE OF APCS, ITS' PARENT, ANY OF ITS' AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY "APCS") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND APCS DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS Website AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. APCS DOES NOT WARRANT THAT THE Website IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
APCS MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND Website AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND APCS DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. THE APCS PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL Website OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS Website COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS Website IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
MAX DAMAGES - At no time will APCS be held liable for any amount over the amount customer paid on the Work Order/Invoice in question.
We provide our services in an effort to resolve, upgrade, or otherwise repair or service the computer systems for which you request such services. We will not intentionally harm your system in any way. In the case of accidental damage or data loss to your system, further damage or data loss caused by already existing problems in your system such as viruses, misconfigured software, or hardware problems/failures, you agree to hold us, APCS, and any persons associated with or involved in the work being done for you, non-liable for any damages resulting from such problems.
UNDER NO CIRCUMSTANCES WILL APCS BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE Website OR ANY THIRD-PARTY Website TO WHICH THIS Website IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF APCS OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. APCS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS Website IS TO STOP USING THE Website. IF YOUR USE OF MATERIALS FROM THIS Website RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT APCS’s TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless APCS from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by APCS in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Website, or (ii) your use of the Website in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. APCS reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of APCS. You further agree to indemnify and hold harmless APCS from any claim arising from a third party's use of information or materials of any kind that you post to the Website.
MONITORING OF THE Website
APCS has no obligation to monitor the Website; however, you acknowledge and agree that APCS has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website, or to protect itself or other users of the Website.
SUBMISSIONS TO THE Website
USE OF PERSONALLY IDENTIFIABLE INFORMATION
This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Website and Content no distribution or solicitation is made by APCS to any person to use the Website or Content in jurisdictions where the provision of the Website and/or Content is prohibited by law.
This Agreement is effective until terminated by APCS. APCS may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Website at any time, with or without cause, in APCS's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Website: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Website.
Failure by APCS to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Website shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Georgia, without regard to its conflict of laws rules. You agree that you will notify APCS in writing of any claim or dispute concerning or relating to the Website and the information or services provided through it, and give APCS a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against APCS.
This Agreement shall be subject to any other agreements you have entered into with APCS.
Certain sections or pages on the Website may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you believe, in good faith, that any materials on the Website infringe your copyrights, notifications of claimed copyright infringement should be sent to APCS's designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Website;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
APCS's agent for notification of claimed copyright infringement is: c/o APCS Chief Compliance Officer, telephone: (770) 603-7068, fax: (770) 603-7068, email: email@example.com.
If you have questions regarding the Agreement or the practices of APCS, please contact us by e-mail at firstname.lastname@example.org or by regular mail at A+ PC Services LLC, 309 North Main Street, Suite-i, Jonesboro, GA,30236, Attention: APCS Website Terms and Conditions of Sale, Service and Use.
Last Updated: February 16, 2015