On-Site Services Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS") CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN ALTERNATIVE CONSULTING SOLUTIONS, LLC (HENCEFORTH REFERRED TO AS "ACS") AND YOU FOR USE OF ACS ON-SITE SERVICES WHICH YOU SELECTED OR INITIATED EITHER ON THE ACS WEBSITE ("SITE") OR VIA PHONE CALL TO ACS OR ITS CONTRACTORS. IF YOU ARE LOCATED IN THE AMERICAS, "ACS" or "ACS, LLC" MEANS ALTERNATIVE CONSULTING SOLUTIONS, LLC. "YOU" OR "YOUR" REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE ON-SITE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE "I ACCEPT" OR "AGREE" BUTTON, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE ACS's ON-SITE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN ACS IS UNWILLING TO PROVIDE THE ON-SITE SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE "CANCEL" OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND NOT USE THE ON-SITE SERVICES AND CONTACT YOUR VENDOR OR ACS CUSTOMER SERVICE, USING THE CONTACT DETAILS IN SECTION 6 OF THE TERMS, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE ON-SITE SERVICES (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE THIRTY (30) DAY PERIOD FOLLOWING THE DATE OF PURCHASE. BY CLICKING ON THE "I ACCEPT," OR "I AGREE" BUTTON OR BY YOUR USE OF THE ON-SITE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.

1. On-Site Services  

1.1. On-Site Service Overview
(1) Introduction. ACS shall provide the On-Site Services as set forth in the Terms. ACS's service representative will attempt to provide to You the On-Site Services over the telephone, through a live chat session on Your personal computer or by email. ACS may, at its discretion, modify the features or descriptions of the On-Site Services from time to time.

(2) Scheduling. Standard service hours are Monday — Friday 9 A.M. to 7 P.M., Saturday 10 A.M. to 5 P.M. Additional charges may apply for rapid response or service outside of standard hours.

(3) Description of On-Site Services, Minimum Requirements

(i) ACS shall provide the following On-Site Services subject to the Terms.

 
Service Description of Service
Hardware Installation ACS’s service representative will help customers troubleshoot, resolve or upgrade their PC.
Software Installation ACS’s service representative will help customers install and/or configure software.
Wireless Network Installation ACS’s service representative will work with customers to configure their wireless router in order to provide them with wireless network access.
PC Cleaning ACS's service representative will physically clean the customers PCs.
Other Services Other services which may be provided by ACS.
 

(ii) Some personal computers may not be able to receive the On-Site Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the On-Site Services, a high speed internet connection is highly recommended. The minimum system requirements to receive the On-Site Services are as follows.

  • Windows Internet Explorer 6.0 or higher
  • High Speed Internet Connection (Highly Recommended)
  • 800MHz CPU
  • 256 MB RAM
  • 500MB available hard disk space
  • System and Application Discs and associated Key Codes

(3) Additional Services.  These are available to customers who have already purchased one on-site service and must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.

(4) Installation Authorization. For on-site services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present when the ACS representative arrives, services will be denied and a $99 cancellation charge will be assessed.

(5) Access. The ACS representative must have 1) access to your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment, work space, and 4) electrical power. If the Geek Squad Agent determines that these conditions have not been met, services will be denied and a $99 cancellation charge assessed.

1.2. Commercially Reasonable Effort.

(i) ACS will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. If ACS is unable to resolve Your personal computer problem, You will still be liable for charges for time spent by ACS’s service representative in an attempt to correct a problem.

(ii) In the course of providing the On-Site Services, ACS may determine that the issue is beyond the scope of the On-Site Services. ACS may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, ACS will not transfer You directly to an alternate resource. ACS reserves the right to refuse, suspend or terminate any of the On-Site Services in its sole discretion.

 

2. Your Responsibilities

2.1  Basic Responsibilities. You agree that You are a legal license holder of the software on Your personal computer and Your use of the On-Site Services and the internet is solely at Your own risk. To receive the On-Site Services, You must confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the On-Site Services. All information that You provide to ACS must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to ACS. You further represent that You authorize ACS to bill the credit card that You provide to ACS, for any charges to which you consent.

2.2. Liability Release.  ACS will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the On-Site Services or any act or omission, including negligence, by ACS and/or its representatives. If ACS works with You on any password or other access control oriented problems, ACS strongly recommends that You reset such passwords(s) immediately following the completion of the On-Site Services.

2.3. No Transfer. The On-Site Services are not transferable. You may not use the On-Site Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.


3. Charge; Refund

3.1. One Time Service.  The On-Site Services shall be provided for on a one time basis. The term "one time" means that the service will address a single issue or problem for a customer on Your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem.

3.2. Refunds. Any refund will be limited to the amount paid by You.

3.3. Missed Appointments. If You schedule an appointment with a ACS service representative on a particular day and time and You do not contact ACS a minimum of four (4) hours prior to Your appointment to cancel or otherwise reschedule Your appointment, You will be charged, at ACS’s option, a ninety-nine dollar (U.S. $99.00) (or equivalent amount in the applicable currency) missed appointment fee.

 

4.   Privacy; Data Protection

For information about the collection and use of your information, please refer to ACS's Privacy Statement, which is available at www.acs.us.com.

5. Other Important Information

5.1. Disclaimer of Warranty  ACS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ACS MAKES NO WARRANTIES THAT: (I) THE ON-SITE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE ON-SITE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ON-SITE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY ON-SITE SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE ON-SITE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE ON-SITE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE ON-SITE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. ACS DOES NOT WARRANT THIRD PARTY PRODUCTS.

5.2. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ACS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF ON-SITE SERVICES EVEN IF ACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL ACS'S LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE ON-SITE SERVICES OR NINETY-NINE DOLLARS AND NINETY-FIVE CENTS (U.S. $99.95) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.

5.3. Proprietary Rights.  ACS retains ownership of all proprietary rights in the On-Site Services, the Site, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the On-Site Services. You will not remove, deface or obscure any of ACS’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the On-Site Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the On-Site Services.

5.4. Force Majeure. ACS shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond ACS's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, ACS may be excused from such performance to the extent it is delayed or prevented by such cause.

5.5  Export Regulation.  You acknowledge that the On-Site Services, Support Software Tool and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All ACS product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.


6. General

If You are located in North America or Latin America, the Terms will be governed by the laws of the State of Connecticut, United States of America. Otherwise, the Terms will be governed by the laws of England and Wales. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and ACS relating to the On-Site Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the On-Site Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact ACS for any reason, please write to: ACS Customer Service, 6 Highridge Drive, Granby, CT 06035, U.S.A., or visit the support page, which can be located at http://www.acs.us.com/support.html. ACS may change or update the Terms at any time by posting modified terms on the Site. You can review the most recent version of the Terms at anytime on the Site and it is Your responsibility to routinely review the Terms.