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| Conditions of Use |
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You have requested service from African Palms, hereafter referred to as African Palms. African Palms will diagnose and service your computer for a fee as described below.
Services and Diagnostic Fee: African Palms will perform all necessary services reasonably necessary to properly complete the repair of your computer or system.
Payment: Once service is complete, your payment for the actual costs incurred and the final sum owed, is due upon completion. Should it be determined in the course of the performance of diagnostics that the problems on your computer are hardware based, African Palms will notify you of same and you may take or send the
hardware to a repair station of your choice or to African Palms, for service on the hardware; diagnostic fees may still be applicable. No adequate estimate of that expense can be determined without actually testing the hardware.
Transfer or Installation Services: Unless otherwise agreed, African Palms is not liable for and you agree to hold African Palms and owner Ifeatu Odinamadu Onubogu harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of African Palms services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize African Palms to transfer the information and accept such terms on your behalf in performing the service.
Warranty: In servicing your computer, African Palms warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 30 days at the discretion of African Palms. There is NO warranty for removal of viruses, spyware, adware or mailware; if they are the cause of a repeat effort, you will be charged again for that service.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY AFRICAN PALMS. AFRICAN PALMS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF AFRICAN PALMS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, AFRICAN PALMS HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. AFRICAN PALMS ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO AFRICAN PALMS ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY AFRICAN PALMS FOR SUCH SERVICE. AFRICAN PALMS HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY
OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. AFRICAN PALMS EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST AFRICAN PALMS IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID AFRICAN PALMS FOR THE SERVICE.
Data Protection: You agree and understand that it is your (the customers) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing African Palms to commence its services for you.
This agreement shall be construed under the laws of the State of Texas. In the
event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. Any and all binding arbitration proceedings shall be undertaken as "fast track" proceedings and shall only be commenced in Dallas County, Texas. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Texas. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto. |
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