|
Terms of Service and Sale
REMOTE SERVICES
(a) General Services: NewLink Computer Services will attempt to diagnosis your technology problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a technology solution over the telephone or via the internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.
(b) Remote Support Services: Remote support services may be offered to you over the telephone or via the internet if your PC was built within the last four years, you have a working cable or DSL high speed internet connection, and your operating system is Windows 98SE or newer. If you elect to receive remote support, then NewLink Computer Services remotely logs on through your high-speed internet connection to view your computer desktop from the NewLink Computer Services Covert Operations Center. NewLink Computer Services stays in contact with you to keep you fully briefed on every step of the process as your technology problem is resolved. Remote support may involve the installation of software on your computer that will allow NewLink Computer Services to provide the remote support services. By electing to receive remote support, you agree to allow NewLink Computer Services to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer.
(c) Software Demand Services: Software demand services may be offered to you by NewLink Computer Services. If you elect to receive software demand services, you are electing to purchase software downloads. In such event, NewLink Computer Services will transfer you to a third party who will provide you with information about the software and who will collect your payment information. NewLink Computer Services transfers you, at your request, to the third party for your convenience; however, NewLink Computer Services does not warrant or make any representation about the services or software provided by the third party. Ask about the third party’s privacy policy as it is different from the privacy policy that applies to NewLink Computer Services’s collection and use of your personal information. Also ask about the service and software warranty applicable to the software download you receive from the third party as that warranty differs from NewLink Computer Services’s service warranty.
(d) Your Responsibility: You understand and agree that prior to contacting or allowing NewLink Computer Services to perform diagnostic repair or 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 NewLink Computer Services shall not be responsible under any circumstance for any loss or corruption of data and/or software.
SERVICE LIMITATIONS; LIABILITY
(a) LIMITATIONS TO SERVICE: NewLink Computer Services RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY NewLink Computer Services.
(b) FORCE MAJEURE: If NewLink Computer Services's ability to render remote services is impaired by you or circumstances beyond the control of NewLink Computer Services, NewLink Computer Services may choose not to provide or to discontinue remote services.
(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that NewLink Computer Services’s total liability for damages related to its remote services is limited to the total amount you pay for the remote services, and you release NewLink Computer Services from liability for any indirect, incidental, special, or consequential damages. NewLink Computer Services IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.
Order, Return, and Warranty
Order Policy
The order of a computer system or any accessories will be processed as soon as the payment method has been properly verified. General Processing includes thorough testing to ensure customer satisfaction and can take up to 10-30 days. Additional processing time is applied to any system with custom ascetics or hardware. We are not obligated to sell for the advertised price in the event of technical errors or improper use of the DMarakowski.com if you have ordered off our website. In the rare event of drastic changes in market value of any hardware, we reserve the right to cancel any order involving such hardware. In which case the customer would be notified of the price changes and be prompted to modify the order or accept the updated price. Also $300 deposit is required before order processing.
Return Policy
DMarakowski Computer Services extends a 30 day return offer on any purchases you've made if you are unsatisfied. All returns must be requested through DMarakowski Support (609) 680-2583 or support@dmarakowski.com within that 30 day period. To receive a full refund all returns must be sent with its original content in its entirety. DMarakowski Computer Services will associate an RMA number to each approved request. The RMA number assigned to the return must be printed on the outside of the return packaging or it will not be opened and will be returned to sender. Shipping fees are non-refundable. User manuals and any software must be included with packaging. All software must be unopened and unregistered. Otherwise any return may be subject to a restocking fee or rejection. We reserve the right to reject returns on a case by case basis depending on the nature of the return [REFER TO WARRANTY FOR MORE INFO]. Standard returns must be post marked 30 days from our ship date and are subject to a 15% restocking fee. Please read the warranty section below in full.
Limited Warranty
1. Scope of Coverage
DMarakowski Computer Services ("DMCS") warrants to the original purchaser that your DMarakowski system (DMarakowski Computer Services branded personal computer also referred to in this warranty as "hardware") is free of defects in workmanship and materials for a period of 6 months measured from that date of the delivery.
In the case of hardware holding a valid manufacturer’s warranty, DMarakowski Computer Services retains that warranty. Should that hardware ever need to be repaired or replaced, DMarakowski Computer Services will use the manufacturer warranty to do so. Hardware that is no longer covered by the manufacturer warranty or hardware that was never covered will still be covered under the terms of this limited warranty.
2. Things Not Covered Under Warranty
This warranty does not apply to:
i. Damage resulting from actions that are beyond the control of DMarakowski Computer Services. This includes, but is not limited to: fire, flood/water damage, lightning, natural disasters, violent social unrest, animal attacks, etc.
ii. Wear and tear of hardware as well as that of literature and other media.
iii. Damage resulting from misuse, neglect, or modification of hardware.
iv. Data lost in the event of hardware malfunction.
v. Damage incurred during shipment of hardware is not covered under this warranty.
3. Repair and Replacement Policy
If within the period of this warranty, hardware is found to be defective in workmanship or material under the terms of this warranty, DMarakowski Computer Services will repair or replace the defective hardware. Should exact replacement hardware no longer be available, DMarakowski Computer Services will replace the defective hardware with hardware of comparable performance and functionality to the original hardware.
Should hardware need to be replace under the terms of this warranty, the defective hardware becomes the property of DMarakowski Computer Services.
The period and terms of this warranty shall not be extended in the event of hardware repair or replacement.
If it is determined by DMarakowski Computer Services that the hardware submitted for repair/replacement is related to a cause not covered under the terms of this warranty, DMarakowski Computer Services will notify you of possible steps to fix the problem(s) and will provide an estimated cost to perform any service that may be required.
4. Obtaining Service
Service and support on hardware issues can be resolved by contacting DMarakowski Computer Services directly. Customers can always call DMarakowski Computer Services at 1-609-680-2583.
|