My Terms and Conditions

[Coffee is good :)]

What do you think of my Terms and Conditions paper?



(business name) Terms and Conditions


A diagnostic fee is charged at $15 for desktops/laptops or $25 for laptops that must be disassembled to diagnose. This fee is waived if service is performed.

Name's Computer Services will not do any work without your consent. If anything else is found wrong with your system besides what you mentioned, you will be notified with an estimate before any such work is undertaken.

Loss of Data: Although the greatest care will be given, Name’s Computer Services cannot be held responsible for any loss of programs, data, or hardware failure that could possibly occur during the repair process.

Unless prior arrangements are made, payment is due on receipt of invoice.

Unpaid Labor: If any labor remains unpaid after 30 days, then a storage fee of $15 will be added to the final cost of your repair, unless arrangements are agreed upon before work is started. After 60 days your property will be considered abandoned and Name’s Computer Services will take ownership of the property for the purposes of securing the value of the services and materials provided.








 I have read and agree to these terms and conditions.
 I agree to pay any expenses, materials and labor.
 I authorize Names’s Computer Services to perform work on my PC, network and/or any other technical service.
 I certify that I will indemnify and hold harmless Names’s Computer Services for any and all data or software that may be lost or erased, as well as for any consequence of the erasure or loss of that data or software.


Customer Signature: Date: / /

 

[14049752]

• My virus removal methods are incredibly thorough and I am highly confident that not a trace of malicious software will be left behind. I cannot guarantee this service because of the chances of a customer getting re-infected and then blaming it on me. There is no "bulletproof" way to protect a computer from malware, other than to completely remove it from the Internet. Re-infection within the 30 days may subject to a reduced service fee.

Is very casual and I wouldn't use the "then blaming it on me." wording.

Let me see if I can find a copy of mine... (Edit: I didn't forget about you...I just don't have a copy here. If I remember, I'll post more in the morning.)

 

[Coffee is good :)]

Is very casual and I wouldn't use the "then blaming it on me." wording.

Let me see if I can find a copy of mine... (Edit: I didn't forget about you...I just don't have a copy here. If I remember, I'll post more in the morning.)

I reworded it.


Please don't forget

 

[14049752]

I'm still not sure I'd word it that way. I'm going from memory on this, but ours is worded something like.

"Due to the nature of viruses and malware, and software compatibility, we are unable to warrant virus removals. While we make every effort to be as thorough as possible, viruses are constantly evolving...something something something"


Ok, the wording on that is not even close to how it's worded in the terms.
Basically, we tell the customer that we do our best, but when it comes to virus removal we can't promise a 100% effective removal. We also tell them that while we don't warrant the removal, we will address the issue within a reasonable timeframe. Usually we say within a week. If we did a nuke and pave, we're a lot less flexible about it.

What I'm getting at with your wording is that it seems to place blame on the customer if you miss something (and it can happen). Wording it how I tried to write it makes the virus the problem, rather than the customer or our removal techniques. I don't know if I'm clear with what I mean. I'll just post my terms tomorrow. We spent a lot of time in trying to word them carefully.

 

[14049752]

Ok...Yeah, I'm an idiot. I was searching all of my computers and media for a copy of the terms...but I didn't look in the one place where I would actually have a hard copy. My laptop bag had some workorder sheets.

Anyway, I think I'm remembering an older revision of our terms.

Our current terms just say this:


We warrant our work...blah blah... "This limited warranty applies to parts and labor costs only and will not cover any software corruption or errors. Virus, spyware and other malware infections are not warranted."

I think we just went with that so that we wouldn't have to explain anything. Simply say it as a matter of fact.

I'd post all of my terms, but it's literally an entire page of fine print. I guess I can post the summary headings, though.

"Loss of data (data loss=not our fault)", "Data Backup (ie, we can't guarantee data integrity when backing up data)", "Ownership and Authority (Authorized to make decisions. Owns all software brought to us)", "Total Cost of repair (our quote and how long it's good for)", "Payment and Insurance Work (You pay us, insurance company pays you.)", "Manufacturer Warranties (Not our fault if we void it.)", Limited Warranty (how long, what it does and does not cover)", "Liability (our liability for damage to the system)", "Impact of upgrades (not our fault if your 90 year old camera doesn't work when we upgrade you to Windows 7)", "Abandoned Property (you leave it too long and it's mine.)" and fianlly "Unpaid labor (You don't pay for our labor, we claim your equipment per a specific law)"


Also, I don't mean to imply that my terms are an example you should follow. Just from experience, I try to be as careful with wording as I can.

 

[Lou Horton]

The most important areas that I think are lacking from your draft terms are:

- A deeper legal definition of the warranty and its limitations.

- A clause that limits your liability no matter what happens to the amount of money paid by the customer for the service.

Ideally both of these clauses should be written by an attorney that is familiar with contract law in the area/country that you are doing business.

Just a suggestion but you want your terms to be thorough enough that they would actually protect you just in case something bad happened and you ended up in court.

 

[0ldfart]

 I agree that my computer (if applicable) can be withheld until payment is received by (name). After
30 days a charge of $15 will be added and after 60 it will be permanently kept or sold.

You need to insert the word "days" before 60. The wording here is ambiguous (60 seconds, minutes, hours, weeks)- yes anyone with any common sense would read 'days' but its a contract and so needs to be specific, particularly as this is something that you may be contested against if push came to shove.

 

[mraikes]

This thread makes me wonder about the value of providing a warranty at all. Examples given are often too wordy, riddled with holes and exceptions, and ultimately work against the business owner, rather than offering much protection.

I offer no warranty at all and state that clearly on every work order. I've never had a customer question that policy or lost a customer over it.

When a component fails prematurely or I simply make a mistake, I've always made it right - out of my own pocket - just as if I did offer a warranty. BUT I want that decision to be mine, and mine alone, on a case by case basis.

 

[Coffee is good :)]

This thread makes me wonder about the value of providing a warranty at all. Examples given are often too wordy, riddled with holes and exceptions, and ultimately work against the business owner, rather than offering much protection.

I offer no warranty at all and state that clearly on every work order. I've never had a customer question that policy or lost a customer over it.

When a component fails prematurely or I simply make a mistake, I've always made it right - out of my own pocket - just as if I did offer a warranty. BUT I want that decision to be mine, and mine alone, on a case by case basis.

I'm thinkin' the same too. I figure I will just hand the customer a sheet that explains my 30 fay guarantee and not require a signature. I've never been burned by anyone yet nor feel like it's gonna be a common problem for me.

I also figure I could have a few copies of a sheet that does require a signature just like the one I posted here for customers that I feel I can't trust. Sure, it's not written up by a lawyer and it's not bulletproof, but it is better than nothing and will make the client less likely to try any funny stuff if I say I've got a signed paper showing that they agree to my terms and conditions and that I could use it in court.

As a one man show I think this will be just fine. If I were a larger business with employees than I would want to have good legal protection. Being that it's just me I believe people would feel less inclined to sue me because I'm not a big business, but a single individual. They're dealing with a human being and not a big business.

As long as I don't give a good reason to be ****** at me then I should be fine. I think a verbal agreement will be fine for me.

 

[Coffee is good :)]

Below is an alternative. This doesn't require a signature. It just let's the client know what to except from you and what you expect from them.



(business name) Terms of Service


A diagnostic will be performed and you will be notified before any work is done or parts are ordered.

Diagnostic fee is $19.99 desktop/laptop and $29.99 if laptop case must be opened.

Diagnostic fee is waived if repair work is requested.

You will be subject to a $15 storage fee if PC is not paid for within 30 days of completion.

If a PC is not paid for within 60 days of completion it is considered abandoned and will become property of (business name) unless arrangements are agreed upon before work is started.

Although the greatest care will be given, (business name) cannot be held responsible for any loss of programs, data, or hardware failure which may arise during the repair process.


Service Guarantee

• Software repairs are guaranteed for 7 days (includes: tune up, virus removal).

• Hardware repairs/upgrades/setup and software upgrades are guaranteed for 30 days.

• Hardware/Software repairs: If a problem or issue was not corrected during a repair, and the same symptoms occur again as before, then I will make every attempt to fix that problem.

• Setup/Installations/Upgrades: if a problem occurs as the result of improper setup, installation, or upgrade then I will make every attempt to remedy the issue.

• Does not include any issues created and/or caused by the “end user” such as new virus infections, tampering, accidents, abuse, power surges, etc.

• Virus removal guarantee is void if it’s discovered that the computer was re-infected by the “end user”.






Steps to resolve problems during the guarantee period include:

1st – Phone/Email troubleshooting
2nd – Remote assistance using TeamViewer
3rd – On-site service or pick up/drop off






 I have read and agree to these terms and conditions.

Customer Signature: Date: / /

 

[Morrison5891]

Spyware removal is just one thing you just CAN NOT guarantee in this business. If you do, its shady and you are setting yourself up for problems.

Its like "If we can't fix it, its free" talk about shady ....

 

[JosephH]

Sorry noob question here but do you build these terms and conditions into the engagement form or the work order or have a seperate terms and conditions sheet?

 

[Rasilun]

Spyware removal is just one thing you just CAN NOT guarantee in this business. If you do, its shady and you are setting yourself up for problems.

I have to agree strongly on this point.

Sorry noob question here but do you build these terms and conditions into the engagement form or the work order or have a seperate terms and conditions sheet?

I have a separate terms and conditions form. But, the least forms possible is always best I think.

 

[Morrison5891]

Sorry noob question here but do you build these terms and conditions into the engagement form or the work order or have a seperate terms and conditions sheet?

My terns are located on the workorder my customers sign. Anyway that works for you, is the right way. No right or wrong way of doing this.

 

[JosephH]

Ahaa, so what is your process RE forms then?

I would have the client sign an engagement form prior to starting work (I was thinking of adding the extra terms + conditions to the declaration of the engagement form is that acceptable?) and a work order once I've finished the work

 

[Rasilun]

I would have the client sign an engagement form prior to starting work (I was thinking of adding the extra terms + conditions to the declaration of the engagement form is that acceptable?) and a work order once I've finished the work

Well, I'm not sure how everyone else does it. I haven't been doing it long but so far this is working for me. I have a work order that is basically a hard copy of everything I enter into my CRM system. It looks like a detailed invoice sheet. The client does not get a copy of this. It is for office use only. Next to that I have a form with fine print that has my terms of service, disclaimer and privacy policy. The client signs one and they get a copy for themselves. At the end of the job I manually fill out a carbon copy invoice (basically copying my work order onto the carbon copy invoice).

The reason I am doing it like that right now is because the invoices I have are the only thing I could find with carbon copy. They are generic invoices. I want to get my work orders in carbon copy soon and just use those. I would love to hear how others are doing it.