1. Computer Hospital Inc. has been contracted to do the above scope of work. Customer agrees to be responsible to pay for all
goods and services rendered.
2. We are not responsible for any acts of God while computers are being serviced. Such as fire, burglary, lightning, electrical surges, etc.
3. Equipment sold such as printers; PC's, monitors, etc. are warranted by OEM manufacturers, not Computer Hospital Inc, herein further
referred to as CHI.
4. All computer repairs and/or diagnostics left unpaid over 30 days become property of CHI, and will be sold to reimburse CHI costs.
5. It is agreed that overdue accounts will be charged at 5% interest monthly, plus all collection and attorney fees.
6. Guarantee only covers mis-programmed software reported within 3 days of PC delivery.
7. Service calls on-site and/or are serviced remotely, are billed at the current billing rate at the time of the service. Presently our residential
hourly rate is $65.00 per hour (residential rate) at the time of this contract, (Martin and Broward $85.00 per hour). Changes need not be advertised and can be adjusted without advance notice.
7. We cannot and do not guarantee the performance of any third party software installed by CHI, customers or others.
8. Returned checks will be charged a $45.00 handling fee; Restocking fee for any equipment "if" accepted by CHI is 25%.
9. All pre-owned components and/or systems are sold as-is, no warranty, no returns, unless otherwise noted.
10. Custom ordered computers or parts are non-refundable, non-cancellable once parts are ordered, and deposits are non-refundable.
11. We do not accept any responsibility for any loss of data or programs due to reprogramming, configuring, and/or virus removal.
12. In the event this matter goes to collection and/or litigation, customer agrees to pay all costs of collections and including all
attorney fees. Strictly preconditioned upon your unequivocal acceptance of and consent to all the provisions listed herein and further,
that these provisions are contractual in nature and not a mere recital and is therefore, a material inducement to Computer
Hospital Inc., its principles, its employees, and independent contractors (collectively "CHI" or contractors) agreeing to provide
the services to you and, or your business. In light of the foregoing, as a condition precedent to CHI rendering said Services
to you or your business or home, you are hereby knowingly, intentionally, voluntarily, and irrevocably waive any right you may have
to a trial by jury, arbitration medium or court decision in respect of any action, proceeding or counterclaim based on any services
provided to you by CHI or contractors, without limiting the generality of the foregoing, any and all claims, whether they be
direct or vicarious in nature, for breach of contract (express or implied) warranty, detrimental reliance, negligent hiring,
negligent supervision, oversight or compensatory or punitive damages. You hereby further agree that any dispute between
you an CHI will only be settled through informal negotiation DIRECTLY between you and CHI only. By signing this contract you agree to waive
all your rights of dispute with any attorney or in court, or arbitration medium, and that the FINAL dispute resolution will be the sole decision of CHI. And additionally should you bring any legal action against CHI or it's contractors, its' principles, or employees personally you agree to be
liable for all legal costs incurred by CHI or contractors, its' principles, or employees win or lose.
13. Customer understands that there is no warranty on labor, and that warranties, if any, are provided by the OEM not CHI.
14. The customer agrees and understands that this is a legal binding contract and all the conditions herein are contractual and is not a
mere recital. Hence this contract supersedes all other contracts between the parties regardless of date signed. including contracts
contained below within the scope of the "software maintenance protection" plan.
SOFTWARE MAINTENANCE PROTECTION (SMP) additional conditions.
15. This plan only covers the physical computer software, all other hardware accessories such as pc tower, laptop hardware, printers, routers, modems, monitors, etc. , are not covered under this plan. Each covered computer has to be fully registered with make, model, service tag, and serial #. Each computer covered by our plan is limited to one full reprogramming per year. Customer MUST provide all program install discs to CHI so proper recovery is possible. And computers covered under this plan MUST be connected to a "COMPUTER GRADE surge suppressor" to help prevent software corruption. CHI can supply surge arrestors at additional cost.
16. Data backup is limited to 5 GIGABYTES. Additional backup over 5 GIGS is $30.00 per 10 GIGS or fraction thereof during re-installation of backup files only.
17. SMP service is limited to three phone calls, and two remote or on-site repair / analysis per quarter at our discretion, and is not mandatory
by contract for CHI to perform these numbers of service. Any additional service requests within the same quarter will be billed at a reduced rate of $45.00 per hour.
18. Parts are not covered and an additional cost for labor and parts will be is charged under this plan during repairs.
19. If a computer is deeply infected with a virus and/or hardware issues, it must be brought into the shop for reprogramming due to limited
on-site equipment. Refusal to allow this is a violation of contract, and no further work will be done on the computer until the customer complies
with the contractual requirements. However, the customer will still be held strictly to their contractual required payments.
20. Each computer must be tested to be virus free, and be in sound working condition prior to being covered by the plan. If not, and reprogramming
of said computer is needed, a reduced fee of $140.00 will be charged in addition to the first month's fee.
21. There is a base charge for account set-up and service fee of $65.00 for the initial inspection of your computer.
22. Upon entering into the Software Maintenance Protection plan there is a ninety day waiting period prior to general plan coverage.
Full reprogramming of covered systems will not be in effect until the 6th complete month in service.
23. SMP contract is in 2 year periods, and a written notice must be given prior to 30 days in advance of the two year auto renewal date. All SMP
contracts auto-renew by default at the end of the initial two year period for an additional two year period.
24. By entering into this agreement customer agrees to be auto billed to the credit card on file. If the credit card is cancelled the customer must
notify CHI immediately to avoid late fees, or other legal remedies. All legal disputes are waived by the customer, agreeing that
Computer Hospital Inc. retains all rights and remedies outlined in paragraph#12 above. CHI has the right to cancel, alter or change any
part of this contract without prior notice to customers at any time. The customer is hereby advised that the only means of being constantly
aware of said updates / changes is to visit this page at least once per month. Customer also agrees to allow our remote service software to remain active and fully installed. Thus allowing for updates, virus scans, repairs, changes to their computer software, at any time without prior notice if needed, to fulfill our SMP obligations.
25. If the customer relocates permanently outside the operational distance (40miles) of CHI and/or wishes to terminate the contract early, the
termination fee would be equal to the remainder of the present contractual years fee due payable in full upon cancellation plus a $40.00
administrative processing fee.
26. If in any event we find another person and or company has worked on, altered, or made any setting changes, we may charge our
full current hourly fees to make the necessary corrections needed to restore full operational status.
27. Customer agrees that by entering into this agreement that they have read and acknowledged this web page and agrees to all contractual
stipulations in full. And that the only physical contract they will be offered will be to high light, and copy/paste and print this page from
this site at time of contract signing, or request same in email form