Term of Service
These are additional terms and conditions pursuant to which
You retain us to perform, or cause to be performed, services for you as described by your telephone, onsite, or online service order ("services"). We may decline to perform any services requested by you that may be in violation of any applicable law or other obligation, or that are not typically associated with our standard services.
II. Customer's Obligations
2.1 You agree to pay us the fees on your service order. If you
2.2 You agree to provide our personnel access to all equipment,
data, disks, or other needed materials for service, and to notify us of (1) any potential safety or health hazards that may exist at your location or with your equipment and (2) any safety procedures to be followed while at your location. You represent and warrant that you have the legal right to use or posses all files/data on your equipment. If we find materials on your equipment that appear to us to be illegal or obscene, we may stop work and/or contact the authorities.
III. Term and Termination
The term of this agreement will extend from the date listed on your service order to the completion of the service requested, unless terminated sooner. We can terminate this agreement, with or without cause, upon notice to you. If we terminate agreement, we will give you a pro-rata refund based on services performed up to the date of termination. We will not be in default of this agreement or be liable for any delay, failure in performance, or interruption of service resulting from our termination or cessation of services, or from any cause beyond our reasonable control.
IV. Limitations and Warranty
4.1 With respect to any equipment, part, or component covered by a manufacturer's warranty, phillipIT.com, Inc. shall perform repair services pursuant to such warranty when authorized to act as an authorized services agent for such manufacturer in making warranty repairs. Otherwise, warranty questions or problems with respect to any equipment, parts, or components must be addressed directly to the manufacturer by Customer. Customer must show proof of purchase to qualify for warranty services. Replaced parts become property of phillipIT.com, Inc. or the respective manufacturer if exchange is required.
4.2 Unless otherwise stated, all materials, supplies, parts, and
other products supplied under this agreement are provided on an"AS IS" basis. EXCEPT WHERE PROHIBITED BY LAW,
phillipIT.com. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
4.3 Limitation of Liability - phillipIT.com ENTIRE LIABILITY AND YOUR EXCLUSION REMEDY, FOR DAMAGES FROM ANY CAUSE WHATSOEVER, WHETHER CAUSED BY AN ACT, OMISSION, OR NEGLIGENCE OF phillipIT.com. OR ANY EMPLOYEE REPRESENTATIVE AGENT, OR CONTRACTOR OF phillipIT.com. AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO A REFUND OF THE AMOUNTS ACTUALLY PAID BY YOU FOR SERVICES. THIS LIMITATION DOES NOT APPLY TO DAMAGES OF TANGIBLE PERSONAL PROPERTY OR BODILY INJURY LEGALLY CAUSED BY phillipIT.com. HOWEVER, IN NO EVENT WILL phillipIT.com. BE LIABLE FOR DAMAGES CAUSED BY YOUR ACTS, OMISSIONS OR NEGLIGENCE, OR FOR INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SPECIAL DAMAGES, LOST PROFITS, LOSS OF USE OF EQUIPMENT, LOSS OF FILES OR DATA, OR COST OF SUBSTITUTE EQUIPMENT, EVEN IF phillipIT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
V. Abandoned Equipment
Our attempt to notify you may be by telephone, e-mail, facsimile, courier, mail, or any other reasonable method. We are not responsible for any items in our possession over 30 days.
VI. Entire Agreement
6.1 This agreement, including attachments, constitutes the entire agreement of the parties regarding the subject matter hereof, and supersedes all prior agreements and understandings, both written and oral, among the parties, or any of them, with respect to the subject matter here of.
6.2 This agreement may not be amended, modified, superseded or otherwise altered, except by a written instrument signed by an authorized representative of each party. Oral amendments are not effective.
6.3 If any provision of this agreement is held to be illegal, invalid, or unenforceable provision had never compromised a part hereof, and the remaining provisions hereof will remain in full force and effect and will not be affected by the legal, invalid, or unenforceable provision or by its severance.
6.4 If phillipIT.com is providing services under a service plan you purchased, the terms and conditions of the service plan govern this service in the event of a conflict between these terms and conditions in the service plan.
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