Terms of Service (TOS)
HOURLY LABOR CHARGES ARE NON-REFUNDABLE
Current rates are published and updated on our website. Visit www.techlabhq.com/services online for current rates. Engagements are NOT based on a fixed cost unless agreed upon in writing, signed and dated by both parties, prior to a projects inception. Customer agrees that Tech Lab, Inc. will invoice actual labor charges for ANY and ALL work completed, now and future. Customer further agrees that ALL labor charges are non-refundable.
RESEARCH AND DEVELOPMENT CHARGES ARE INVOICED TO CUSTOMERS
Customer acknowledges that Customer’s computers, software, peripherals, methods, and procedures are part of a complicated and sophisticated system where unpredictable and unexpected behavior can occur that Tech Lab, Inc. may not routinely support, has not previously supported, or has not previously experienced or encountered. Customer agrees that Customer is responsible for ANY and ALL Research and Development charges for resolving Customer’s problems. Research and Development is part of the repair process and essential to resolving hardware and software issues.
Customer acknowledges that Tech Lab, Inc. makes every effort to back up data, repair problems, and restore functionality FIRST, prior to erasing, rebuilding or re-constructing Customer’s system because it is feasible that Customer’s system cannot be rebuilt or re-constructed in exactly the same functioning state as it may have been operating previously. Customer will pay for initial repair attempts, even if they fail, and, when deemed necessary by Tech Lab, Inc. and authorized by the Customer, the complete rebuild of Customer’s system.
CUSTOMERS ARE RESPONSIBLE FOR THEIR OWN DATA
Although Tech Lab, Inc. makes every attempt to protect and recover customer data, Tech Lab, Inc. is NOT responsible for backups or data loss. Customer is solely responsible for backups and data integrity. When possible, we attempt to assist Customers who have failed to make proper backups, but can make no promises concerning data recovery or integrity. Tech Lab, Inc. will keep authorized backups of Customer Data for a minimum of 14 days. After 14 days it will be deleted and purged from our systems.
In other words – You should routinely create backup copies of your data using a variety of methods in case of equipment problems. This applies to data stored on your own equipment and on Tech Lab’s equipment, hosting or otherwise. You should keep a backup at all times. If you are unsure how to back up certain types of data, contact us for assistance.
FEES AND CHARGES
In consideration of the Services to be performed by Tech Lab, Inc., Customer shall pay to Tech Lab, Inc. fees in the amounts itemized on the invoice, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the invoice. All invoices are payable within thirty (30) days of issue. A 1.0 percent (1.0%) monthly service charge based on the outstanding balance, or maximum allowed by law in the state of Wisconsin is payable on all overdue balances. Payments will be credited first to late payment service charges and next to the unpaid balance. Customer shall be responsible for all collection or legal fees necessitated by late or default in payment. Tech Lab, Inc. reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses and fees, charges or the costs of changes.
Customer shall pay Tech Lab, Inc.’s expenses incurred in connection with this Agreement as follows: (a) incidental and out-of-pocket expenses including but not limited to costs for postage, shipping, overnight courier, service bureaus, blueprints, models, presentation materials, photocopies, parking fees and tolls, and taxis at cost, and, if applicable, a mileage reimbursement at the maximum allowed federal rate for business travel mileage; and (b) travel expenses including transportation, meals, lodging, and employee payroll incurred by Tech Lab, Inc.
ANY AND ALL CUSTOMER PROPERTY, including equipment or software, that has not been picked up or delivered within 6 months of the invoice date is FORFEIT to Tech Lab, Inc. and will be LIQUIDATED IMMEDIATELY, regardless of the number of attempts made by Tech Lab, Inc. to contact the Customer to schedule a pick up or delivery, regardless of the number of attempts the Customer has scheduled and missed a pick up or delivery, regardless of the reason the delivery could not take place, and regardless of payment status. No refunds are available on unclaimed property. We will make every attempt to return your equipment upon full payment, but cannot guarantee it will be available beyond 6 months from the original invoice date.
“Confidential Information” means all non-public, personal, technical or business information and materials of the other party, including the terms of this Agreement, disclosed by one party to the other party and marked as proprietary. Each party, its agents, and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement, except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
RELATIONSHIP OF PARTIES
Tech Lab, Inc. is an independent contractor. Neither party has the right or authority to assume or to create any obligation or responsibility on behalf of the other party. This Agreement shall not be construed to create a joint venture or partnership between the parties.
With the exception of Customer payment for Services rendered, neither party shall be responsible for any failure to perform or be responsible for a delay caused where such failure or delay is due to circumstances beyond the party’s control.
Tech Lab, Inc. will provide this and, if applicable, ongoing service in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services. Disputes arising after completion of a Work Order or Project must be submitted in writing within 15 days of the invoice date. After 15 days or upon failure to comply with this notice, invoices are considered final.
Batteries or other expendables, and Used or Re-certified purchases, are NOT covered under any warranty.
TECH LAB DOES NOT OFFER ANY WARRANTY WHATSOEVER FOR INFECTION REMOVALS
Tech Lab, Inc. uses up-to-date removal techniques at all times, but the people behind computer infections are sometimes highly skilled software engineers who design their infections to hide, survive and persist at ALL COSTS. Even after a complete system wipe, whether or not we restore your backup data, we make no promise that an infection won’t reappear or have caused unanticipated damage which would then be fixed in addition to and separate of the original repair work order.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, TECH LAB, INC. MAKES NO WARRANTIES WHATSOEVER. TECH LAB, INC. EXPLICITLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.
LIMITATION OF LIABILITY
THE SERVICES AND THE WORK PRODUCT OF TECH LAB, INC. ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF TECH LAB, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“TECH LAB, INC. PARTIES”), TO CUSTOMER FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CUSTOMER’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF TECH LAB, INC. FOR THE WORK ORDER AT ISSUE. IN NO EVENT SHALL TECH LAB, INC. BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY TECH LAB, INC., EVEN IF TECH LAB, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.