Terms and conditions:
Contract agreement and Limited Warranty: Client agrees to pay Lawise for any equipment purchased & installed and will pay Lawise for the time servicing, consulting or traveling, is understood and agreed that hours labor and/or time allocated for tech traveling consulting onsite are not refundable nor can be cancelled due to the fact that were rendered. All down payments are not refundable. Long term projects may require monthly payments. Long-term projects may have a specific deposit required each month. Significant changes or new proposals will be billed accordingly. This contract must be paid in full to transfer product or service. All computer &/or part sales are FINAL, exchange only for the same or a more advanced product within 15 days of original purchase. We cannot exchange any product after 15 days of purchase. LAWISE.COM will hold products until fully paid for. Payment for Service and applicable taxes is billed on a pre-pay basis. You must provide a valid credit card at the time you contract lawise services which you agree for LAWISE to charge once that services are performed. LAWISE reserves the right to suspend or terminate Service until Customer provides a valid method of payment. No additional notice or consent will be required for charging Customer's credit card for all amounts (including late charges and cancellation fees). Customer requests for service over the phone, e-mail or fax constitutes a record in Customer’s file for us to perform the job and bill accordingly to our standard rates of $100/hour for long term projects or $200/hour for short term projects. Lawise consultants and engineers work on a per hour basis. A quote will be given with an allocated amount of hours that a project may require. If the project takes longer than the specified understood/ allocated hours, it will fall under Contract / Site Deviations. Exceeding the allocated/understood hours will incur billable hours at our predetermined hourly rate. Customer must notify us of any change in address for invoicing or any other changes related to the credit card used for payment. Your payment obligations survive any termination of this Agreement. Suspension or termination of your Service leaves you liable for all accrued charges and fees associated with the collection of such payment. You must notify LAWISE in writing via postal mail within 7 days after receiving your credit card statement if you dispute any LAWISE charges on that statement. You are responsible for paying all charges accrued on your account, even if you did not use, or authorize the use of, the Service, lawise will normally require over the phone or work orders to be sent by email for us to perform the services and once that the service is performed we normally charge your credit card on file within the same day or days later depending in billing workload. You are responsible for maintaining a positive balance on your account. In the event that your account falls into a negative balance, you hereby authorize LAWISE to charge the credit card on file a $35 negative balance fee plus the amount necessary to bring the balance to positive plus the amount LAWISE, in its sole discretion, deems necessary to cover cost incurred for a period of up to 30 days. If customer doesn’t pay or visa/check doesn’t clear within 30 days, a $35 and 1.5% late penalty fee on every 30 days will apply, products/parts/equipment will be sold to pay services, or bill will be turned over to collection agency. Client is responsible for any fees Lawise incurs by collecting on any debt through collection agencies, court costs or any other manner Lawise deems appropriate. Any equipment not claimed in 3 days after notification of completion will be charged a $5.00 per day storage fee, after 3 days of storage unless arranged different in writing with management, equipment will be recycled or sold to pay for services. Returned checks require a fee of $35. A $35.00 return check fee will be charged for all returned, stopped, or canceled checks. You agree that no check shall be cancelled without prior written authorization. If your payment was made by credit card, you agree to pay the total amount according to the card issuer agreement. If your bank does not honor your check or credit card and/or your balance is negative with lawise, we will use a third party collection agency to collect the payment by the checking account provided to lawise or credit card on file plus you will be charged an applicable collection fee of $90. For property enhancement / cabling / wiring lawise reserve the right to place lien in properties where work was performed and will collect by property liens any outstanding balance owed to LAWISE . We also use a third party payment processing service to verify and process your checks or payments electronically. We do process your checks electronically. The representative for Lawise is not liable for any future problems that client may incur by using client's computer. No warranty for on-site repairs due to no option of 24/48 hours for lab progressive testing. Any future problems and work will be billed accordingly. Customers have the option to purchase extended warranty on equipment that was serviced.
Our data backup services may be able to recover data files that have been created by you. We can not be responsible for data loss / files that may be corrupted and or destroyed by viruses / spywares / hardware failure and or computer/equipment malfunction. We cannot back up the software programs that have been installed in your computer. For example, if you had Microsoft Office, Quicken, or Microsoft works installed in your computer, you will need the original disks to load these programs back into your computer.
If you contracted services with the data recovery lab, we do offer consultation to look further into your data if you need further assistance once that data was recovered, lawise charges for the time spent in recovery data if more time is needed you have the option to hire lawise for more work and or consulting, all time spent and consulting will be charged accordingly, normal service rates. Sometimes more work may be needed to recover files, if you do not find the files that you are looking for, you can hire a consultant to assist you in finding any files you may need and / or 2nd or 3rd level data recovery is available please consult with lawise about current rates on these services.
For the PCs that are brought to our facility, we require that you either pick them up or have them delivered to you within one(1) to three(3) days of repair completion or diagnostics. Once the diagnostics/service is completed we will notify you by phone. If you do not arrange for delivery or pickup of your PC, we will charge you a $5.00 per day storage fee. After a period of one (1) month we will not be responsible for your personal computer. In case of no payment, we do have the right to sell your PC to cover the repair charges. We do charge a delivery fee for the delivery of your computer to your home or office. Minimum diagnostics and estimate time is three (3) to eight (8) business days.
Limited warranty with repairs and or sales includes 15 days for hardware only---. Repair time for all PCs can vary due to availability of parts. Software and Operating Systems are not covered under hardware warranty, but you can still purchase this option with our complete PC Care plan. This warranty PC care plan can be transferred to another PC as long as we have been notified 30 days in advance via fax and in writing. We have the right to cancel the warranty plan at our option and you will not be refunded for the remaining time. Our warrant does not cover on-site repairs. Once this warranty has been signed and issued, it cannot be canceled or refunded. Service begins 30 days after the date of warranty purchase. Please ask about purchasing PC care plan warranty to your representative.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND LAWISE BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in six minute increments.
Arbitration Information and Filing Procedure
You must first write to us at LAWISE.com , 777 Campus Commons Road Suite 200 Sacramento CA 95825 and give us an opportunity to resolve the dispute. Similarly, before LAWISE takes a dispute, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or LAWISE was notified by the other of a dispute, the dispute will be resolved by phone conversations that are recorded and/or will be based only on written submissions of the parties emails letter faxes. Any in-person and or court dispute will be conducted at a location in the Sacramento county California.
This Agreement and the relationship between you and LAWISE shall be governed by the laws of California sacramento county without regard to its conflict of law provisions.
This Agreement and any modifications to it pursuant, and the rates for Services found on http://www.lawise.com/rates.htm website, constitute the entire agreement between you and LAWISE and govern your use of the Service, superseding any prior agreements between you and LAWISE and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or LAWISE.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
NO THIRD PARTY RIGHTS
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
Last reviewed March 2004