BY VISITING THIS WEBSITE AND/OR USING ANY SERVICES,
YOU AGREE TO BE BOUND BY THE FOLLOWING:
TERMS AND CONDITIONS
a) 1ComputerServices Inc.: a company providing computer related services and these legal terms. 1ComputerServices Inc. includes 1CS, 1ComputerServices, OneComputerServices, 1ComputerServices.com, its directors, officers, shareholders, managers, employees, affiliates, contractors, sub-contractors and agents.
b) Customer: the person contacting 1CS by visiting 1ComputerServices.com or by any method of communication whether or not currently devised and/or any person who authorizes access to a computer system to be serviced.
c) Software: the programs, applications, systems, and languages which manage the operation of hardware and software products whether owned or licensed.
d) Hardware: any physical equipment involved in carrying-out certain functions of data-processing or communications.
e) External Device: any device which has an external connection to a computer system such as but not limited to printers, scanners, tablets and game systems.
f) Computer: any hardware which possesses a processor, and includes the term computer system and all of the ancillary devices which can be connected to a computer.
g) Product: any software or hardware.
h) Support: any and all work or services provided by 1CS to Client. This includes but is not limited to any email, text, phone calls, facsimile, on-site and off-site services.
i) Warranty: guarantee which entitles the holder to certain repair or replacement services.
For the purposes of this agreement, “1ComputerServices” includes “we”, “us” and “our”, “Customer” includes “client”, “you” and “your”, furthermore, “Product” includes “products” and “Services” includes “service” and “support”.
a) You understand and agree that prior to allowing us to assess or repair your computer, it is your responsibility to back up the data (Including but not limited to documents, music, pictures, software or any information) stored on your computer system. You acknowledge and agree that 1CS shall not be responsible under any circumstance in the event your data is lost or is found to be corrupt during the course of our services.
b) 1CS reserves the right, at any time, to refrain from providing any or all services ordered. If payment was already made, 1CS may refund the customer’s payment, wholly or in part, and shall not be responsible under any circumstance for any loss whatsoever.
c) The customer will provide 1CS with the name or names of the person or persons, who are authorized to direct our services, authorize our access and answer our questions. Furthermore, someone of 18 years of age or more must be present for on-site service. 1CS reserves to the right refrain from providing services under such circumstance and to charge a fee for the appointment.
d) 1ComputerServices must receive full access to the computer, computers, computer system/network and/or external device or external devices which are to be serviced. Furthermore, you consent to us entering your property , will cooperate in our gaining access and agree to provide a safe working environment with working space and electrical power. In such an event where at least one of the previous requirements is not met, 1CS reserves to the right refrain from providing services and charge a fee for the appointment.
e) 1ComputerServices assumes any computer system and software keys are licensed, legal and legitimate. All hardware, software and external devices are assumed to be free from defect and viruses unless clearly stated by you the customer. Any damage arising is your responsibility and you will keep us free from any and all claims including but not limited to any proceedings for damages to the fullest extent permitted by law.
f) You agree that 1CS fees for services, are for time spent, not for results.
a) Warranty on services is in existence for 30 days following the date of service unless otherwise stated or agreed upon. Warranty will be provided by any means reasonable and practical given the individual circumstance as determined by 1CS.
b) Service warranty excludes any damages caused by you including misuse, abuse, accidents, electrical issues and tampering of any kind, to the computer system including external devices, use of products not supplied by us, any damage caused by relocating the computer system or any external devices, any usage which deviates from the standard operating procedure listed in the instructions for the computer system and external devices including deviation from required or suggested maintenance or the carrying-out of maintenance by someone or an entity other than 1CS, damages caused by alterations, additions or attachments of any other product including damage caused by failure to provide a suitable environment for the computer system or external devices, or damage caused by use of the computer system or any external device for purposes other than that which it was intended, damages caused by viruses, spywares and/or malwares, contained in the computer system and/or external device, or contained in any products used or contracted from the internet or other means.
c) Any warranty that may be applicable to a product is covered through manufacturer’s warranty terms and conditions. 1CS does not provide, nor sell or in any way distribute warranties on any products regardless is we brought them to you or not. Notwithstanding the forgoing, at our discretion, we may assist you in claiming the warranty from the manufacturer but in such an event we reserve the right to charge for our time. If any product is added to your computer system or any external device and which is not installed by 1CS, all of our warranties will become null and void.
d) You acknowledge and agree that you are responsible for complying with all applicable licenses and any other agreements with respect to software. You also agree that any request by you for installation of software by 1CS shall constitute your representation and warranty that you have the right to use the software in the manner in which it is then being used, and 1CS shall have no liability whatsoever for a breach of any license or other agreement between you and any third party, and furthermore, you agree to indemnify and hold 1CS harmless from any and all liability, damages, costs and expenses arising out of the breach of or noncompliance with any such third party agreement.
e) You acknowledge and agree that the performance of certain repair services by 1CS may void certain warranties provided by the manufacturer of certain software or hardware. You also acknowledge and agree that by giving us your authorization to perform an assessment on your computer or repair your computer system including external devices, you will lose these warranties and that 1CS will not carry any liability for them.
a) Under no circumstances shall 1CS, its directors, officers, shareholders, managers, employees, affiliates, contractors, sub-contractors and agents.
be liable to you or any other person, company or entity for damages, including without limitation, any indirect, incidental, special or consequential damages, including any expenses incurred, loss of revenues or income, loss or corrupted data, or other liability arising out of, or inability to use your computer, software, hardware, any external devices or network caused from the services provided hereunder.
b) By requesting services from 1CS, its directors, officers, shareholders, managers, employees, affiliates, contractors, sub-contractors and agents you affirmatively release and shall indemnify, defend and hold each harmless from and against any and all claims, actions, suits, demands, losses, liabilities, costs, judgments, obligations, losses, penalties, expenses and damages (including without limitation reasonable outside legal fees and expenses) which each may suffer or incur by reason of any third party claim arising out of or in connection with our services, the use of any products delivered to you as part of our services, a breach or alleged breach of any representation, warranty or covenant of Customer contained in this agreement. Customer shall give 1CS immediate notice of any claim made to which this indemnity may be applicable, and of any suit or action filed in connection therewith. If Customer has been notified and is not diligently and continuously pursuing such matter, 1CS may take such action on its own behalf to adjust, settle, defend or otherwise dispose of such claim, in which case you shall upon being billed, reimburse 1CS in the amount paid therefore. It is understood and agreed that this indemnification shall continue in full force and effect at all times and will apply to all service work regardless of payment being made, and for certainty, this indemnity shall survive and not merge on the completion of our service work or the completion of any transaction. For the liabilities not waivable under Ontario Legislation, we limit our liability to the fees we charged.
Representations & Warranties:
c) All representations and warranties, contained in this agreement, shall survive and not merge upon termination of this agreement, but apply only to the support/service work carried out during the course of this agreement.
d) The terms stated herein are declared to be severable. If any provision of this Agreement is determined to be unenforceable, such provision will be ineffective only to the extent of such unenforceability without affecting the enforceability of the remaining provisions of this Agreement.
Sales Tax (HST): a) Any prices contained in any quotation, purchase order, contract or invoice are subject to all applicable federal and provincial taxes.
Past Due Accounts: b) Surcharges for late payments will be in effect ten (10) days from the date of invoice. An interest rate of 7.5% per month will be charged on past due accounts. If your account is past due by three (3) months from invoice date, 1CS reserves the right to place the matter in collection and pursue settlement through the courts.
a) Both 1CS and Customer represent and warrant that it has the full right and authority to enter into this agreement.
b) Any notice or other communication required or permitted to be given hereunder shall be given by regular mail or other related transmission addressed to each party at the address or email address of each party listed on page one of this agreement. Any such written notice shall be deemed to have been given on the fifth business day following the day when it is so mailed or on the date it was emailed. Either party may at any time give notice to the other party of any change of address in accordance with this paragraph.
c) This Agreement or any exhibit, attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties.
d) The failure by one party to require performance of any provision of the agreement contained herein shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
e) The terms stated herein are declared to be severable. If any provision of this Agreement is determined to be unenforceable, such provision will be ineffective only to the extent of such unenforceability without affecting the enforceability of the remaining provisions of this Agreement.
This website is operated in the province of Ontario, Canada and as such this Agreement will be governed by and construed in accordance with the laws of Ontario and the applicable laws of Canada without giving effect to conflict of law principles. The parties to this Agreement irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario through an arbitrator of the ADR Institute of Canada with respect to any claim arising out of or in relation to this agreement.
We reserve the right to waive or change our terms and conditions at any time and for any particular circumstance.
What information do we collect?
We collect information from you when you visit, register or fill out a form on our website.
When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number and the computer issues you are facing. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To fulfill your computer service related needs
; To personalize your experience (your information helps us to better respond to your individual needs)
; To assess your computer problems
; To respond to your requests
; To send periodic emails including newsletters & information
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
What data do we collect?
Among the Data that this Application may collect include: Cookie, Browsing and usage Data.
Failure to provide certain Personal Data, in particular Navigation Data, by deactivating the Application’s Cookies may make it impossible to surf or for the Application to provide its services.
The Personal Data collected may regard both the User and third parties whose data the User provides.
The User assumes responsibility for the Personal Data of third parties published or shared through the Application and declares that he or she has the right to communicate or broadcast them, thus relieving the 1ComputerServices of all responsibility towards third parties.
Like many other Web sites, 1ComputerServices.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
The services contained in this section enable 1ComputerServices.com to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine Application use, to prepare reports on an Application’s activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal data collected includes: Cookie, Browsing and usage Data.
Google Adwords (Google)
Google Adwords is a web marketing service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine Application use, to prepare reports on an Application’s activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal data collected: Cookie, Browsing and usage Data.
DoubleClick DART Cookie
.:: Google’s use of the DART cookie enables it to serve ads to users based on their visit to 1ComputerServices.com and other sites on the Internet.
1ComputerServices.com has no access to or control over these cookies that are used by third-party advertisers.
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.
This page displays the legal terms to which each our of clients are subject to during the course of our rendering of computer services.