IONerd Technologies. Terms of Service
All Services offered by IONerd Technologies are provided subject to the following terms and conditions.
WARNING: BACK UP YOUR DATA! IT IS YOUR RESPONSIBILITY. IONerd Technologies is NOT responsible for the loss of any data, software or files from your computer or network. You understand and agree that prior to requesting and/or allowing IONerd Technologies to diagnose, repair or perform any other services on your computer(s), disc(s), drive(s), peripheral(s), and/or network(s), etc. (collectively referred to herein as your “System”), it is your sole responsibility to back-up ALL data, software, information and all other files stored on your System. You acknowledge and agree that. IONerd Technologies shall not be responsible under any circumstance for any loss, alteration, or corruption of any part of your System, including but not limited to your data, software, and/or other files.
1. SERVICES, FEES, AND SCOPE OF SUPPORT. (a) General Services. Except as otherwise provided herein,. IONerd Technologies will perform all diagnostic and other services that you request and that . IONerd Technologies believes to be necessary to upgrade or repair your System (referred to herein as the “Services”). Services may also include software and/or hardware installation and/or service, computer backup, system optimization, virus cleaning, and similar services. IONerd Technologies will attempt to diagnose your System problem, propose a solution, and provide an estimate of the costs of such solution. In certain cases, however, problem diagnosis and support may not be available due to problems with your System or its configuration that are beyond our control or ability. In the event the problems with your System are hardware based, . IONerd Technologies will discuss the issue with you and you will determine how to repair the hardware. Diagnostic fees will still be applicable. Please note that . IONerd Technologies does not perform warranty service or repairs on any hardware that is under the manufacturer’s warranty. (b) Software. In some cases the solution to your System’s problems may necessitate or be improved by additional software. If so, . IONerd Technologies may suggest that you purchase additional software downloads. In such event, . IONerd Technologies may either download and bill you directly for the software or may transfer you to a third party who will provide you with information about the software and who will collect your payment information. In either case, you acknowledge and agree that . IONerd Technologies does not warrant or make any representation about any services or software provided by any third party. (c) Access. In order to provide Services and prior to providing any Services, . IONerd Technologies must have (i) access to your residence or business and the Systems to be serviced, (ii) your consent and cooperation to enter your residence or business, (iii) a safe working environment and work space, (iv) electrical power, (v) all System passwords (including all operating system, network and all other passwords); (vi) all operating system and software discs and key codes; and (vii) any other items or conditions reasonably necessary for . IONerd Technologies to provide the Services. If . IONerd Technologies determines that these conditions have not been met, Services will be discontinued and a $95.00 cancellation charge assessed. 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 . IONerd Technologies arrives, Services will not be provided and a $95.00 cancellation fee will be charged. If . IONerd Technologies’ ability to render Services is impaired by you and/or circumstances beyond the control of . IONerd Technologies, . IONerd Technologies may choose not to provide or to discontinue such Services. . IONerd Technologies shall not be liable for any failure or delay in performance due to any cause beyond its control and a $95.00 cancellation fee will be assessed.
2. SERVICE HOURS and TERRITORY. (a) Hours. Our normal business hours are from Monday to Friday from 09:00 A.M. to 5:00 P.M., Saturday 10 A.M. to 4 P.M. Emergency, rush, and after hour rates for rapid response or service outside of standard hours available at additional costs. (b) Territory. . IONerd Technologies prides itself in providing a sustainable solution to your IT support needs. To help out the environment, we use bicycles, public transportation/wheels to get to our clients. . IONerd Technologies Public Transportation/Wheels Service Territory is limited to Lexington City Limits. If a location lies beyond. IONerd Technologies Territory, we may need to travel by car and additional costs will apply.
3. ORDERING AND PAYMENT OF SERVICES. Services may be ordered by anyone over the age of 18 by calling (859) 982.5200 and scheduling an appointment. IONerd Technologies reserves the right to accept or decline any order and to refrain from providing any Services in its sole discretion for any reason, including that your technical needs or other requirements are beyond the scope of the Services IONerd Technologies offers. Payment for all Services is due at the time the Services are rendered. All invoices are due upon receipt. Payment for any hardware or software ordered at our customer’s request is due in advance. IONerd Technologies accepts, cash, checks (only if approved by IONerd Technologies Management Team), PayPal, or credit cards. There will be a $50 fee in the event any check is not honored. IONerd Technologies reserves the right to suspend Services to and to retain any customer equipment in IONerd Technologies possession in the event any customer has an outstanding overdue balance. IONerd Technologies charges 20 % interest on all accounts over 30 days. In the event IONerd Technologies retains a collection agency or attorney to collect any sums due it, you agree to pay all costs of collection, including reasonable attorney fees. IONerd Technologies prices and these Terms of Service are subject to change without notice.
4. CHANGES, CANCELLATIONS AND REFUNDS. To change or cancel any appointment, you must contact IONerd Technologies at (859) 982.5200 at least 24 hours prior to the scheduled Service. If appointments are not canceled or changed at least 24 hours in advance a $95.00 cancellation fee will be charged. If you are not satisfied with IONerd Technologies Services, please call us to discuss your concerns. Except as otherwise provided herein (for example, repairs necessitated by a virus or spyware), we stand behind our Services for 30 days. If there is a problem with the Service we provided and you notify us within the allotted time and warranty period, we will work to remedy the problem quickly.
5. WARRANTY. In servicing your System, IONerd Technologies warrants that Services will be performed in a professional and timely manner. Most Services are warranted for a period of 30 days, except that THERE IS NO WARRANTY FOR REMOVAL OF VIRUSES, SPYWARE, ADWARE OR MALWARE, AND ALL WARRANTIES ARE VOID IF YOU HAVE TAMPERED WITH OR MODIFIED THE SYSTEM AFTER SERVICES HAVE BEEN RENDERED. THERE IS NO WARRANTY ON WEB HOSTING, DOMAIN NAMES, WORDPRESS, WORDPRESS PLUGINS, OR ANY OTHER WEB SERVICE SYSTEM AFTER SERVICES HAVE BEEN RENDERED. THIS WARRANTY IS 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 IONerd Technologies.
6. LIMITATIONS OF LIABILITY. EXCEPT AS PROVIDED HEREIN, IONerd Technologies MAKES NO REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ITS WORK, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL IONerd Technologies, AND/OR ITS RESPECTIVE SUPPLIERS, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AVAILABLE FROM THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY IONerd Technologies. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT IONerd Technologies TOTAL LIABILITY FOR DAMAGES RELATED TO ITS SERVICES IS LIMITED TO THE TOTAL AMOUNT YOU PAY FOR THE SERVICES RENDERED BY IONerd Technologies. IONerd Technologies IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT SERVICED BY IONerd Technologies.
7. INDEMNIFICATION. As partial consideration for IONerd Technologies providing Services, you agree to hold IONerd Technologies, its owners, directors, managers, officers, employees, representatives, and agents harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to your System and to any software or data residing or recorded in your System, whether incurred during the course of IONerd Technologies Services or otherwise. If any 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, you authorize IONerd Technologies to transfer the information and accept such terms on your behalf in performing such Service, and you indemnify and hold IONerd Technologies harmless from any damages or liability that it incurs related to such software.
8. TITLE; EQUIPMENT ABANDONMENT. All goods provided by IONerd Technologies shall remain the property of IONerd Technologies until paid for in full. It is your responsibility to pick up any hardware or other equipment from IONerd Technologies within 30 days of notice from IONerd Technologies. Any equipment left longer than 30 days will become the property of IONerd Technologies and may be disposed of at our sole discretion.
9. These Terms of Service shall be governed by and enforced in accordance with, the domestic laws of the State of Kentucky without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than the State of Kentucky , irrespective of the fact that any one of the parties now is or may become a resident of a different state or nation. All disputes arising out or in connection with the services rendered by IONerd Technologies, if not settled amicably between the parties within thirty (30) days of notification of such dispute shall be settled by litigation. Each of the parties submits to the jurisdiction of any state or federal court sitting in Lexington or any other city in Kentucky , Kentucky, in any action or proceeding arising out of or relating to the services provided by IONerd Technologies and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each of the parties hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.
10. RETAINER/MAINTENANCE. Either party may cancel a retainer or maintenance agreement upon thirty (30) days advance written notice to the other party. If Client has paid in advance for any Services, which Services have not been performed at the time of cancellation, such payment shall be prorated to the effective date of such cancellation and a refund of the remainder of the advance issued after subtracting all costs and expenses incurred by IONerd Technologies arising out of and/or related to the closing and/or transferring of Client’s account. Nothing herein is intended to, nor shall, excuse Client from payment in full for all Services performed by IONerd Technologies. Client will be expected to use 50% of the retainer hours by the end of the quarter. If 50% of the hours are not used, that percentage of hours will be credited to IONerd Technologies.
11. Client Liability:
IONerd Technologies reserves the right to modify these terms of agreement without notifying clients. It is the client’s responsibility to review this policy as frequently as possible via IONerd Technologies website: (http://IONerd.com/legal/).' Or requesting one from an official IONerd Technologies staff member. all rights reserved. Unauthorized reproductions and, or copying of this document and any others is illegal.
12. PRIVACY. IONerd Technologies adheres to the industry standard practices for keeping our clients’ data secure. All employees of IONerd Technologies sign binding confidentiality agreements to ensure they maintain privacy while dealing with client data.