Thank you for choosing South Bay Computers® Support Services for your computer optimization and security needs.
The provision of SOUTH BAY COMPUTERS® Support Services is governed by this SOUTH BAY COMPUTERS® Support Services Agreement (“Agreement”).
For SOUTH BAY COMPUTERS to provide you Support Services (“Service”) you need to put in an order for Service and SOUTH BAY COMPUTERS needs to confirm the receipt of the order. SOUTH BAY COMPUTERS shall provide the ordered Service only if:
(1) you accept the terms this Agreement, and (2) the Service is available.
SOUTH BAY COMPUTERS® North America will provide Service that you have indicated in your order. The description of currently offered services can be found on https://www.southbaycomputers.com. SOUTH BAY COMPUTERS® may, at any time, modify the scope of any of the services provided, or delete or add service products from the list of services provided, with or without prior notice.
SOUTH BAY COMPUTERS® will use commercially reasonable efforts to assist you for the specific Service you have purchased. However, not all computer problems, issues or errors can be diagnosed or corrected, and some may require you to return your computer to its original factory state, reinstall the operating system, application software, reinstall or configure your personal settings and data, or work with a 3rd party hardware or software vendor to resolve the computer problem, issue or error. SOUTH BAY COMPUTERS reserves the right to refuse to provide Services if it deems that computer problem cannot be corrected or is outside the scope of services offerd. In such case, the SOUTH BAY COMPUTERS shall issue a refund for the Service that was not provided.
Remote Access — Client approves Service Provider the ability to remotely access systems via the internet to monitor, maintain and support such systems.
Remote Storage— Client approves Service Provider the ability to remotely store data and system settings via the internet to backup and support such systems if client needs backup services.
Third Party License Use – Client approves Service Provider the authorization to approve and agree to “Third Party” software license agreements on behalf of the client.
Risk of Data Loss — Client assumes all risk of data loss from any and all causes or in any way related to or resulting from the maintenance, repair or service of computer hardware, software or other equipment by Service Provider. Your agreement with Service Provider may implement a data backup strategy plan. Service Provider will make every attempt to assure data redundancy and availability in the event of a disaster. However, due to the volatile nature of data; Service Provider cannot be held responsible for loss of data or downtime resulting from possible data loss. Client hereby releases Service Provider from any claim or liability related to data loss for any reason whatsoever.
Computer Viruses / Spyware — Service Provider agrees to take all reasonable measures to protect Client’s computer systems from computer viruses and spyware, including installation and maintenance of anti-virus software. Low threshold easy to remove spyware and/ or viruses will be identified and eliminated during system maintenance procedures. Client assumes all risk of computer viruses and spyware and will not hold Service Provider responsible. Client is responsible for the costs of consulting time exceeding (1) one hour and materials required to remove or perform damage clean up as a result of computer viruses, spyware or breaches of system security.
Indemnification — Client shall indemnify and hold harmless Service Provider from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of any kind, including reasonable attorney’s fees, caused by or arising out of, or contributed to, in whole or in part, by reasons of any act, omission, professional error, fault, mistake or negligence of Service Provider, its employees, agents, representatives or subcontractors in connection with or incidental to the performance of this agreement.
Jurisdiction –The laws of Los Angeles County and the state of California shall govern this agreement, its terms, and conditions. Client agrees that the proper forum for any claim arising under this entire agreement between Client and Service Provider shall be in California, Los Angeles County. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by Client.
Service Provider is not responsible for failure to render services due to circumstances beyond its control including, but not limited to, acts of God.
