The following are ServiceByte LLC’s (“ServiceByte LLC”, “we”, “us”) terms of service (“Terms of Service”).
ServiceByte LLC will provide diagnostic, repair, consulting and maintenance technology services (“Services”).
Our standard rate is $60 per half hour for remote & on-site service. There is a half hour minimum for remote services, 1 hour minimum for on-site service within Westchester, and 2 hour minimum for New York City.
ServiceByte LLC may offer or Client may request an estimate for Services. Please note that the amount billed will be based on actual hours worked, even if they exceed the estimate. Any Services rendered at a flat-rate shall be set forth on a separate Statement of Work signed by the parties and such Services shall be otherwise subject to these Terms of Service.
ServiceByte LLC may review these rates from time-to-time, and the rates may be changed in accordance with these reviews. ServiceByte LLC will make reasonable efforts to notify you before any rate changes.
We stand behind all our work. For in-person visits, we guarantee our work for a period of 30 days. For phone or remote support, we guarantee our work for a period of 30 days. If you are unsatisfied with our services, and notify us by contacting [email protected] within the stated time period, we’ll take care of it at no additional charge. After the stated time, services will be deemed accepted in full.
GUARANTEE FOR EQUIPMENT
During the course of providing Services, we may sell computers, software, and other peripherals (“Equipment”) directly to you. All Equipment purchased from us, except software, can be returned to ServiceByte LLC for a period of 10 days, and must be in “like new” condition, including the original packaging. Software cannot be returned. We are not responsible for the return of any Equipment based on our recommendations from other vendors. Some Equipment may require restock fees.
Upon completion of Services, ServiceByte LLC will e-mail an invoice to the e-mail address specified. After sending an invoice, ServiceByte LLC will charge the credit card on file for all charges. Equipment may be charged to the credit card on file at the time of ordering, and a receipt will be sent to your billing e-mail address.
You are responsible for informing ServiceByte LLC of any changes in your billing e-mail address. To ensure you receive our invoices in a timely fashion, please add “[email protected]” and “[email protected]” to your e-mail address book. If our charge to your credit card is declined, we will make reasonable efforts to contact you; if we are unable to contact you for a period of ten (10) days, you may be charged, and agree to pay, a 1.5% per month finance charge
Notwithstanding the above, ServiceByte LLC requires a deposit equal to 50% of the estimated price for any Services totaling $1,000 or more. You agree to pay this deposit before Services commence.
BY ACCEPTING THESE TERMS OF SERVICE, YOU HEREBY AUTHORIZE ServiceByte LLC TO AUTOMATICALLY CHARGE YOUR CREDIT CARD FOR THE FULL AMOUNT OF ANY INVOICE, INCLUDING ALL APPLICABLE STATE AND LOCAL TAXES.
Our minimum charge for service is $60, regardless of whether or not we can solve your issue. This fee is non-refundable. If any service above our minimum charge was not satisfactory, then it is your responsibility to notify us within 30 days upon completion of service and we will do our best to make sure it is corrected to meet your satisfaction. If we cannot correct the problem, then we will issue you a refund for any charges in excess of our minimum $60 service charge.
DISPUTING AN INVOICE
We do our best to provide you with clear, timely and accurate invoices. However, we strongly encourage you to examine every invoice you receive. If you feel an invoice is in error, you must contact us by e-mail at [email protected] within 10 days of the date we sent the Invoice. We will not charge a disputed invoice on your credit card until we have resolved the dispute with you.
Appointment cancellations must be made more than 24 hours before the appointment by e-mailing [email protected] Appointments canceled within 24 hours will be accessed a $60 cancellation fee. Any applicable cancellation fees will be invoiced, and charged according to our Payment terms above.
Working on computers always carries a risk of losing programs and data. It is your responsibility to back up all software and data that is stored on your computer or other storage devices before our visit. Upon your request, ServiceByte LLC can back up important data prior to working on your computer systems, subject to applicable fees. ServiceByte LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data or files.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ServiceByte LLC (OR ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILAITES OR AGENTS), OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY ServiceByte LLC AND/OR ITS THIRD PARTY SERVICE PROVIDER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF ServiceByte LLC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY AMOUNT RECOVERABLE BY CLIENT AGAINST ServiceByte LLC IN ANY ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF PAYMENTS ACTUALLY MADE TO ServiceByte LLC FOR THE SERVICES FOUND TO BE THE PROXIMATE CAUSE OF THE DAMAGE DURING THE TWELVE WEEK PERIOD PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
If ServiceByte LLC’s ability to render services is impaired by you or circumstances beyond the control of ServiceByte LLC, ServiceByte LLC may choose not to provide Service.
NON-SOLICITATION OF EMPLOYEES
Client will not, during the period commencing on the date of first delivery of Service and ending one (1) year after the termination of any person’s employment with ServiceByte LLC, directly or indirectly employ, nor engage as a consultant, any such person. Client agrees that the remedy at law for any breach of the foregoing provisions of this paragraph shall be inadequate and that ServiceByte LLC shall be entitled to injunctive relief without proof of irreparable injury and without posting bond in the event of such breach in addition to any other remedy it might have.
If any provision of these Terms Of Service is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of these Terms of Service remain legal and enforceable, the remainder of these Terms of Service shall remain operative and binding on ServiceByte LLC and Client.
These Terms of Service supersede all prior understandings, agreements, and documentation. They may be modified or amended only through signed or documented electronic acceptance of both parties.