(P3C Technologies – Reactive Plan Customer – Terms and Conditions)
These are the Terms and Conditions governing the repair of products and IT services for clients on the P3C Technologies LLC (P3C) Reactive IT Service plan.
- The P3C Reactive IT Service plan is for customers that call P3C when technology is not working correctly. On this plan there is no proactive monitoring of your IT assets, services, or other related technology. P3C offers proactive managed IT services and you can contact us at email@example.com if you are interested in moving to a managed service offering.
- All work for clients on this plan is billed on a pure time and materials basis at the current rate P3C provides at the time of service.
- Work is billed in 15 minute increments (with a 15 minute minimum charge for remote support and a 2 hour minimum charge for onsite support)
- P3C will repair your product as described and for the charges discussed during your drop off or remote support appointment (unless such charges are revised with your oral or written consent). P3C may subcontract with other service providers for the repair of your product.
- Your payment is due when the product is returned to you. Unless specified otherwise, the estimated amount includes all parts, labor, and certain transportation required for the repair of the product plus any applicable tax.
- If the requested repairs require labor and/or parts not specified P3C may seek your approval of a revised estimate. If you do not agree that P3C may revise the charges, P3C may return your product and hold you responsible for the diagnostic fee, plus any applicable tax.
- Liability. P3C warrants to Client that the services and labor performed as part of this Agreement will be of manner and quality associated with a professional technical consultant. P3C offers no guarantees or warranties as to system availability and functionality during any phase of its support services and makes no guarantees or warranties regarding the ability to resolve computer-related problems, to recover data, to avoid losing data, or to prevent loss of income.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, P3C AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. P3C SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN P3C’S CUSTODY, P3C’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, P3C’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY P3C FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY P3C UNDER THESE TERMS AND CONDITIONS. P3C IS NOT LIABLE FOR LOSS OR CORRUPTION OF DATA OR YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION OR REMOVABLE DATA. BEFORE YOU BRING IN YOUR PRODUCT FOR ANY REPAIR SERVICE, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY DISKS, CDS OR PC CARDS. In the event that this limitation of damages is held unenforceable then the parties agree that all liability to Client shall be limited to the total dollar amount of services paid by Client to P3C in the previous three (3) full months.
- If you have not claimed your product and paid all charges due within sixty (60) days after being notified by P3C that your product has been repaired, P3C will consider your product abandoned. P3C will provide such notice to you at the mailing address you furnished when you authorized the repairs. P3C may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. P3C reserves its statutory and any other lawful liens for unpaid charges.
- If repair service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize P3C to transfer the information and accept such terms on your behalf in performing the service
- You agree and understand that it is necessary for P3C to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions. P3C will protect your information and not resell it to third parties. If you wish to have access to the information that P3C holds concerning you or if you want to make changes, contact us at firstname.lastname@example.org to update your personal contact preferences.
- In order to provide services to you, P3C must install remote monitoring, remote assistance, backup programs, and management software on Client’s servers, desktop computers, laptops, or possibly other equipment at Client’s office. P3C, if contracted with client’s plan or as an add-on service, will also provide a security training program that will include proactive security testing of Client employees. Client grants permission to P3C to perform these services, testing, and install any remote monitoring and management software deemed necessary by P3C to provide IT Services for Client.
- P3C is an independent Contractor and P3C is not employed by Client. P3C agrees to provide services as a contractor under this Agreement. P3C will determine which services are to be performed, and the order and method of providing those services in response to requests from Client.
- P3C provides services to a variety of clients and is not required to provide full time availability for services to client. P3C agrees to pay all taxes related to the work performed under this Agreement. Client is not providing any insurance coverage on the Consultant or Consultant’s staff.
- These Terms and Conditions are governed by the laws of the State of Wisconsin (without giving effect to its conflict of law provisions). If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will no longer be part of the Terms and Conditions, and the Terms and Conditions will be enforceable as though that provision never was a part of them.
- These Terms and Conditions are the only ones that govern P3C’s repair of your product. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to P3C. No one has the authority from P3C to vary any of these Terms and Conditions.