Terms and Conditions
Berkman Technology Solutions, Inc will use its best efforts to resolve customer’s technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Response times may be delayed due to research and inquiries, as may be necessary. Berkman Technology Solutions, Inc does not assure that every request for technical support will be resolved. Berkman Technology Solutions, Inc consultations constitute only advice and suggestions. Technical problems may be a result of software or hardware failure, corruption or user error and may not be correctable. Berkman Technology Solutions, Inc reserves the right to refrain from providing any or all services ordered and refund your payment if reasonable minus any labor, parts, or any other charges that may apply or occur, wholly or in part, if minimum system requirements are not met or if technical conditions or customer requirements are unusual, extensive, or beyond the scope of this service agreement or beyond the technicians control as reasonably determined by Berkman Technology Solutions, Inc. Berkman Technology Solutions, Inc will never share anything that they may find or come across on from a customer’s computer/hard drive unless illegal content or if the law requires disclosure.
You understand and agree that prior to contacting or allowing Berkman Technology Solutions, Inc to perform diagnostic repair or any 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 Berkman Technology Solutions, Inc shall not be responsible under any circumstance for any loss or corruption of data and/or acknowledge and agree that Berkman Technology Solutions, Inc shall not be responsible under any circumstance for any loss or corruption of data and/or software or hardware or any other parts as well as CD’s/DVD’s etc… You also acknowledge if a system reinstallation occurs, you will lose all files on your hard drive. You agree to pay fees in accordance with Berkman Technology Solutions, Inc rates and policies. Any computer or other computer related items, such as, software, hardware, monitors, computers, towers, laptops, not picked up or any unpaid fees that are due that go beyond 90 days, you give Berkman Technology Solutions, Inc the right to take ownership of any and all said items.
You agree to pay Berkman Technology Solutions, Inc in full for products and services rendered. Failure to pay will result in legal actions in which you agree to pay for all legal costs, including all collection and attorney fees incurred by Berkman Technology Solutions, Inc to obtain payment. Any check not honored upon presentation to a bank will incur $35 bad check fee each time it is presented to a bank or whatever maximum is allowed by law, whichever is greater. All sales are final.
Berkman Technology Solutions, Inc will not be held responsible for any problems arising from third party software installed on your computer by our technicians, you, or other third party. Berkman Technology Solutions, Inc will not be held liable for lost data due to hardware failure, virus, spyware, corruption or any other situation. Under no circumstances shall Berkman Technology Solutions, Inc 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 Berkman Technology Solutions, Inc 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 here-under. Berkman Technology Solutions, Inc shall not be liable for any failure or delay in performance due to any cause. If Berkman Technology Solutions, Inc ability to render services is impaired by your failure to cooperate or circumstances beyond the control of Berkman Technology Solutions, Inc, Berkman Technology Solutions, Inc may choose not to provide services.
Fees will be invoiced to Client monthly and will become due and payable on the first day of each month. If payment is not received on or before 30 days past any invoice due date, interest shall accrue at the rate of one and one-half percent (1.5%) per month from the date due until paid in full. Services will be suspended, and Products recovered if payment is not received within 60 days following date due.
You agree to release and hold harmless Berkman Technology Solutions, Inc 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 Berkman Technology Solutions, Inc and all of their employees. 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 Berkman Technology Solutions, Inc actions or the actions of its agents, partners, and/or third-party service providers. You agree that Berkman Technology Solutions, Inc’s total liability for damages related to its provision of services is limited to the total amount you pay for such services, and you release Berkman Technology Solutions, Inc from liability for any indirect, incidental, special, or consequential damages.