ANNUAL SERVICE MAINTENANCE AGREEMENT TERMS AND CONDITIONS 

 

1. ​SCOPE OF COVERAGE​ This Maintenance Agreement (“Agreement”) covers labor costs for repairs and maintenance. User Friendly Computer Services (“UFCS”) reserves the right at any time to change any of the terms and conditions herein and will communicate any labor changes to Customers. Customer’s continued use of UFCS’s services thereafter will be deemed acceptance thereof. 

2. ​SERVICE CALLS​ Service calls under this Agreement will normally be performed on-site between the hours of 9:00 A.M. to 6:00 P.M. Pacific Standard Time Monday-Friday ("Normal Hours") at the address listed herein for Customer. Remote services will be performed at 7:30 A.M. or at 6:30 P.M. Pacific Standard Time Monday-Friday ("Normal Hours") at the time chosen by the technician and Customer. 

3. LABOR & REPAIR SERVICES, REPLACEMENT PARTS, AND SUPPLIES​ Labor performed during a service call, including adjusting, repairing and cleaning of the Equipment, repair or replacement of parts is sometimes necessary to the normal operation of the Equipment, cost of parts will be covered by the Customer. Often, but not always, parts, software, and updates provided by the Equipment manufacturer. 

4. ALLOWANCE AND OVERAGE​ As used herein, “Allowance” shall mean the number of hours included in Customer’s yearly Base Rate. “Overage” shall mean the number of hours over and above Customer’s yearly Allowance. The cost of the “Overage” hours depends on which plan the Customer has agreed to. Unused hours can roll over for use the following year if membership is renewed. Hours can only roll over for a maximum of 1 year.

5. TERM ​The effective date of this Agreement is the date of Customer’s purchase. The Agreement shall continue for 1-3 years, depending on the term the Customer selected at purchase. UFCS reserves the right to inspect all Equipment to be covered by this Agreement to determine that it is in good mechanical condition throughout the term of this Agreement. In the event the Equipment requires repair or reconditioning that is deemed outside of UFCS’s services, then such services will not be performed. 

6. CHARGES​ The initial yearly maintenance charge under this Agreement (the “Base Rate”) is collected at the beginning of each term. At this point, a credit card will be held on file for any overage charges. The Base Rate is billed once every 1-3 years depending on which package the Customer selects. State or local taxes are included in base pricing. Auto-renewal is available by request for any term. Customer agrees to pay the total amount of such charges within fifteen (15) days of the UFCS Invoice Date for such charges. The customer understands that alterations, attachments, specification changes or cost of parts, supplies or services may require an increase in maintenance charges and agrees to pay such charges promptly when due. UFCS reserves the right to bill surcharges to Customers for excessive costs incurred in providing service under this Agreement, which may include but is not limited to parts, extra travel time, and/or supplies costs. 

7. RECONDITIONING​ When UFCS, in its sole discretion, determines that a reconditioning is necessary to keep the Equipment within manufacturer’s written specifications, UFCS will give Customer a written Reconditioning Estimate, itemizing the needed repairs and their cost. Reconditioning charges are not covered by this Agreement. If Customer does not authorize such reconditioning, HOS may discontinue service of the Equipment under this Agreement, and/or may refuse to renew this Agreement at the Anniversary Date. Any service provided thereafter will be on a “per call” basis at HOS’s current published rates. 

8. TERMINATION ​Customer may terminate this Agreement by giving written notice to UFCS within the first 30 days of purchasing the package. Customers can receive only a partial refund, (30% of the package fee will not be refunded). If the Customer terminates the Agreement at any time thereafter, no refund will be provided to the Customer. 

9. BREACH OR DEFAULT​ If Customer fails to perform its obligation hereunder or if it does not pay all charges invoiced for maintenance or parts as provided hereunder promptly when due: UFCS may exercise all available legal rights, including but not limited to any or all of the following: refuse to service the Equipment; terminate this Agreement and re-invoice Customer for any service calls, including parts, labor, mileage and travel time at prevailing rates for any and all calls placed from the Start/Anniversary Date to the termination date. The customer agrees to pay UFCSs cost and expense of collecting any amounts due and owing under this Agreement, including the maximum attorney’s fees permitted by law. 

10. RELOCATION OF EQUIPMENT​ Customer agrees to stay within the UFCS service radius (15 miles outside of Laguna Beach, CA) to continue to receive on-site service. If the drive is within reason, UFCS shall have the right to charge and the Customer agrees to pay, any difference in maintenance charges for travel between the original location and the new location. If Equipment is moved beyond the UFCSs service area, UFCS reserves the right to increase its rates and fees for continued service under this Agreement, taking into account the distance to Customer’s new location and UFCSs current published rates for service on a “per call” basis. Remote services are offered throughout the county without additional cost to the Customer.

11. TELEPHONE SUPPORT AND REMOTE DIAGNOSIS​ To ensure that the product is repaired as quickly and efficiently as possible, the Customer can request telephone remote support to try to repair the product. If the product contains features that enable UFCS to diagnose and repair problems with the product remotely, UFCS may request that Customers allow such remote access to the product. 

12. WARRANTY​ Unless written or expressed otherwise, all UFCS services come with a 30-day warranty.

13. PERSONNEL UFCS UFCS​ reserves the right to determine the assignment of its employees or its third-party contractors in providing service hereunder.