Terms of Service

THESE TERMS OF SERVICE APPLY TO SERVICES (" SUPPORT" AND "IN-OFFICE SERVICE") ORDERED FROM I.T. PIT CREW, INC. at 1-361-654-4540. THE TERMS OF SERVICE APPLICABLE TO SERVICES ORDERED FROM I.T. PIT CREW, INC. ARE PROVIDED AT THE TIME THE SERVICE IS PURCHASED AND MAY DIFFER FROM THE TERMS STATED HERE.

TERMS AND CONDITIONS

PAY FOR SUPPORT

(a) Services:

I.T. Pit Crew will attempt to diagnose the problem and provide a solution for an applicable fee. In certain cases, however, diagnosing a problem and support may not be accomplished because of a problem existing hardware or its configuration that is beyond our control.

(b) User Responsibility:

Client understands and agrees that prior to contacting or requiring I.T. Pit Crew to perform diagnostic services on your hardware, it is your responsibility to back-up the appropriate data, information, and other files stored on your computer disks and/or drives. Client acknowledges and agrees that in no event shall I.T. Pit Crew be liable for any direct, indirect, punitive, incidental, special, or consequential damages or damages for loss of profits, revenue, data, down time, or use, arising out of or in any way connected with the performance of any services.

IN-OFFICE SERVICE

(a) Scheduling:

Standard service hours are Monday-Friday, 8:30 AM - 5:30 PM. Additional charges may apply for response services outside of the standard service hours.

(b) Service Jurisdiction:

I.T. Pit Crew sets Service Area Guidelines for support outside of the local area. If a location lies beyond I.T. Pit Crew's standard Service Area, additional trip charges may apply. To determine if your location is within the I.T. Pit Crew standard Service Area , please inquire by calling 1-361-654-4540 for information pertaining to standard Service Areas and applicable trip charges.

(c) Representative Must Be Present At Residences or Business:

For on-site services, a representative must be present during the entire time services are provided. IF I.T. PIT CREW CONSULTANTS ARRIVE AT THE SCHEDULED SERVICE TIME AND NO REPRESENTATIVE IS PRESENT, SERVICES MAY BE DENIED AND A $125 CANCELLATION CHARGE MAY BE ASSESSED.

(d) BACKUP OF SOFTWARE AND DATA:

IT IS THE CLIENTS RESPONSIBILITY, UNLESS I.T. PIT CREW IS REQUESTED TO DO SO, TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON COMPUTER HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES CLIENT MAY HAVE PRIOR TO THE ARRIVAL OF I.T. PIT CREW CONSULTANTS TO YOUR HOME OR BUSINESS. I.T. PIT CREW SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.

(e) Minimum System Requirements:

All computers and hardware to be serviced by I.T. Pit Crew consultants should have the following information and readiness upon arrival. Password(s) for operating systems(s) and/or Network Servers must be available at the time of service. Operating System discs and Key Codes must be available at the time of service. All computers and/or peripherals to be networked must be in good working order and Spyware-free. For all broadband Internet installations, the broadband services must be installed and operational prior to the time of service, including connections to any broadband modem, unless prior arrangements are made.

(f) Access:

I.T. Pit Crew must receive full access to the computer(s) and/or peripheral(s) to be serviced at clients location, and a safe working environment, working space and electrical power. IF A I.T. PIT CREW CONSULTANT ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT HAVE REASONABLE ACCESS, COOPERATION, OR SAFE WORKING CONDITIONS DESCRIBED IN THE PREVIOUS SENTENCE, THEN SERVICES MAY BE DENIED AND A $125 CANCELLATION CHARGE MAY BE ASSESSED.

TERMS APPLICABLE TO PAY FOR SUPPORT AND SERVICES

LIMITATIONS TO SERVICE:

I.T. PIT CREW RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CUSTOMER'S PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT THE MINIMUM SYSTEM REQUIREMENTS ARE NOT MET OR THE TECHNICAL NEEDS (INCLUDING WIRING OR OVERCOMING PHYSICAL OR TECHNICAL BARRIERS) OR OTHER REQUIREMENTS OF THE CLIENT ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY I.T PIT CREW, INC.

FORCE MAJEURE:

If I.T. Pit Crew's ability to render services is impaired by the client or circumstances and conditions beyond the control of I.T. Pit Crew, then I.T. Pit Crew may choose not to provide services.

LIMITATION OF REMEDY:

UNDER NO CIRCUMSTANCES SHALL I.T. PIT CREW BE LIABLE TO THE CLIENT 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 I.T. PIT CREW OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY OF CLIENT TO USE COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.

RELEASE OF LIABILITY:

BY SIGNING THE APPROPRIATELY PROVIDED FIELDSHEET FORMS, CLIENT AFFIRMATIVELY RELEASES AND HOLDS HARMLESS I.T. PIT CREW FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM I.T. PIT CREW, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS.

If you are not satisfied with your service: Please call 1-361-654-4540 for a resolution. We stand behind our services and support. If there is a problem with the service we provided we ask that you notify us immediately.

LEGAL NOTICE:

I.T. Pit Crew refers to technology services provided by Information Technologists Pit Crew, Inc. (all subsidiaries and affiliates of Information Technologists Pit Crew, Inc. are referred to as "I.T. Pit Crew"). Any reference to I.T. Pit Crew in these Terms of Service is a reference to Information Technologists Pit Crew, Inc.