COX Remote Services .: Terms of Service :. When a Tech isn't Enough, Call a Geek!

When a Tech isn't Enough, Call a Geek!®

Terms and Conditions of COX Remote Services^sm
By using COX Remote Services^sm, I signify my agreement to these Terms and Conditions
1. Basic agreement
This agreement is between COX Technologies™, LLC, (here after COX Tech) and the individual or company listed on the previous side (hereafter Customer). Customer hired COX Tech to provide computer repair services remotely over the Internet. Customer represents and warrants that he/she is the owner of equipment described herein, or if not that he/she is duly authorized to enter into this Agreement, either on his/her behalf or on behalf of customer or other organization.

Customer understands that the software used for COX Remote Services has its own terms and conditions. If the software is made available by COX Tech, the software is licensed under the GNU General Public License.

2. Service charges
Customer agrees to pay COX Tech at a rate of $60.00 per hour, billed in 15 minute increments, for services during COX Tech normal business hours (Monday – Friday 9:00 AM – 5:00 PM) and is exclusive of any federal, state, local sales or excise taxes. After the initial one hour, customer will pay COX Tech in half hour intervals, rounded to the nearest half an hour. This pricing is for COX Tech labor only. Any replacement parts, programs, etc, will also be charged to the Customer by COX Tech. Return trips constitute a new service call. Services provided by COX Tech during non-business hours will have a surcharge, of at least $15.00 per hour.

3. Our efforts
COX Tech will use their best efforts to correct the problem/provide the service in a timely matter. Customer understands that COX Tech may be required to dispatch a Technician to Customer's site.

4. Limitation of Liability
In no event shall COX Tech be liable to Customer for special, incidental, exemplary or consequential damages, including without limitation to loss of profits, loss of use, loss of data, theft, fire, or liability of Customer to third parties arising out of the performance of COX Tech pursuant to this Agreement. COX Tech shall not be liable to Customer for any injury or damage to Customer, or Customer’s personnel, invitees, licenses, or property unless such injury or damage is caused by the negligence or intentional conduct of COX Tech. Damages to Customer in any action against COX Tech relating to this Agreement or the performance of services relating thereto shall be limited to the total payments made by Customer pursuant to this Agreement during the contract period preceding said breach.

No action regardless of form arising out of transactions this Agreement may be initiated by either party more than one (1) year after the service. The above is in lieu of any and all warranties, expressed or implied.

5. Customer Obligations
The Customer shall provide, free and full access to the equipment and at no charge, the use of any machines, attachments or other equipment required to provide the specified maintenance services. The Customer shall provide at no charge, hardware documentation, system diagnostics, adequate working space, and electrical power and facilities in the immediate area of the equipment to be serviced and reasonable storage space for spare parts and materials. The Customer must also cooperate and consent to COX Tech to remotely connect to their computer and work on system.
You must be at least 18 years of age to order COX Remote Services^sm.

Customer understands and agrees that prior to contacting or allowing COX Tech to perform Services on customer’s computer, Customer is responsible to back-up the data, software, information or other files stored on Customer’s computer disks and/or drives.
Customer hereby certifies that any and all important data on the machine has been backed up. Customer understands that COX Tech is not responsible for any loss or corruption of data, operating systems, or other software.

If requested on the front side of this document, COX Tech will attempt to backup requested data. COX Tech will not attempt to backup software. Customer agrees that this is merely a secondary backup, but that COX Tech can not guarantee the successfulness of backup. If COX Tech’ backup did not work, COX Tech will rely on customer supplied backup to restore data.

6. EXCLUSION OF WARRANTY
UNLESS EXPRESSLY SET FORTH ELSEWHERE IN THIS AGREEMENT, COX Tech, ITS PARENT, SUBSIDIARIES AND THEIR AFFILIATES, SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE FITNESS SUITABILITY OF THE EQUIPMENT ON WHICH THE SERVICES ARE PERFORMED, ON ANY MODIFICATIONS THEREOF FOR ANY SPECIFIC APPLICATION PERFORMANCE, RESULT OR USE, NO WARRANTY OR REPRESENTATION SHALL BE BINDING ON COX Tech UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF COX Tech.

UNDER NO CIRCUMSTANCES SHALL MICHAEL COX ENTERPRISES, LLC, COX Technologies, LLC, LAS VEGAS GEEKS, ST GEORGE GEEKS, ITS EMPLOYEES, SUBCONTRACTOR’S, 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 COX Tech AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.

7. Payment/Interest Charges/Bad Checks/Offers to Pay in Full
Payment is due upon completion of work unless prior arrangements are made. Past due items are subject to a 5% late fee per month, with a minimum charge of $5.00. Checks returned for nonsufficient funds are subject to a $35.00 return check fee, or the maximum allowed by law, and maybe electronically resubmitted. All provisions of the Nevada Revised Statutes 41.620, 597.960, 604.162, and other applicable areas of Federal, State, and local law will be followed for bad checks.

Offers of “payment in full” or other offers to pay less than amount due must be address to: COX Technologies, LLC, Accounting Department - Offers to Pay Office, PO Box 31357, Las Vegas, NV 89173-1357.

Until formally accepted in writing by this department, any offers to pay will not be accepted. If a check or other type of payment is accepted and deposited, this does not constitute an acceptance of payment in full. If offer is not accepted, finance charges will apply for all time past due.

8. Enforcement
This Agreement shall be interpreted and enforced in accordance with the laws of the County of Clark, State of Nevada. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning said forum.

9. Privacy
Customer supplies telephone number as well as e-mail and/or fax number to COX Tech so COX Tech can stay in contact with Customer. COX Tech will, unless otherwise requested, send invoices to e-mail, if available, or by fax. If neither is available, COX Tech can mail a hard copy. COX Tech may use this information to send you information on products COX Tech believes you may be interested in. COX Tech may also make this information available to other divisions, subsidiaries, and/or affiliates of COX Technologies, LLC and/or Michael Cox Enterprises, LLC. However, we will never sell or lease your information to 3rd party organizations. If you do not want your information shared with other divisions of Michael Cox Enterprises, LLC out, please e-mail Privacy@MichaelCoxEnterprises.com.

10. Agreement
This Agreement is also available on COX Remote Services^sm website at www.COXRemoteServices.com/fsr. If there is a conflict between this version and the version available on COX Tech website, the Website version takes precedence.

This Agreement and the documents and webpages referred to herein, constitute the entire Agreement between parties.

CRS082605

Last updated: August 26, 2005

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COX Technologies, LLC is a wholly owned subsidiary of Michael Cox Enterprises, LLC
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COX Technologies™, LLC provides computer repair services in Southern Nevada as "Las Vegas Geeks"™ and in Southern Utah as "St George Geeks"™