Terms of Service
Welcome to the legal mumbo jumbo for our web site, owned and operated by Dieter M. Groll, d/b/a Groll Technology Solutions and d/b/a P'town PC (collectively referred to as "GTS" herein). By accessing this site you agree to be bound by its legal notices (found at http://www.grolltech.com/legal_notices.html), by its Terms of Service (found herein) and by all disclaimers and terms and conditions that appear here or elsewhere on this web site. GTS reserves the right to change its legal notices at any time and without notice.
For information about the collection and use of your information, please refer to GTS’s Privacy Policy, which is available at www.grolltech.com/privacy.html or by contacting GTS at 508-487-0600.
And please, if you have a question or concern about anything at all contained in these legal pages or elsewhere, please feel free to call us!
1.0 Remote Support Services
IMPORTANT NOTICE: This section of the Terms of Service apply only to “Remote Suppport Services”, which means any technology services performed for you by GTS over the telephone or via the Internet. Please note that different Terms of Service apply to services rendered at our office or on-site if we visit your home or business.
(a) General Services: GTS will attempt to diagnose your technology problem, provide an estimate of applicable service fees (plus applicable taxes), and then provide you with a technology solution over the telephone or via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.
(b) Remote Support Services: Remote support services may be offered to you over the telephone or via the Internet if your PC was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows XP or newer. If you elect to receive remote support, then GTS remotely logs on through your high-speed Internet connection to view your computer desktop from GTS computers. GTS stays in contact with you to keep you fully briefed on every step of the process as your technology problem is resolved. Remote support may involve the installation of software on your computer that will allow GTS to provide the remote support services. By electing to receive remote support, you agree to allow GTS to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. Additionally, at the end of the remote support session, you will be given the option to add a convenience shortcut to your desktop, which will enable you to quickly re-connect to the Remote Support Service without the need to re-enter your information, should you ever need follow-up or future support. You understand that this optional shortcut in no way compromises the security of your system nor collects any additional data from you or your system, and may be uninstalled by you at any time.
(c) Software Demand Services: Software demand services may be offered to you by GTS. If you elect to receive software demand services, you are electing to purchase software downloads. In such event, GTS will transfer you to a third party who will provide you with information about the software and who will collect your payment information. GTS transfers you, at your request, to the third party for your convenience; however, GTS does not warrant or make any representation about the services or software provided by the third party. Ask about the third party’s privacy policy as it is different from the privacy policy that applies to GTS’s collection and use of your personal information. Also ask about the service and software warranty applicable to the software download you receive from the third party as that warranty differs from GTS’s service warranty.
(d) Your Responsibility: You understand and agree that prior to contacting or allowing GTS to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that GTS shall not be responsible under any circumstance for any loss or corruption of data and/or software.
1.1 Service Limitations; Liability
(a) LIMITATIONS TO SERVICE: GTS RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES AND INSTEAD REFUND YOUR PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY GTS.
(b) FORCE MAJEURE: If GTS's ability to render remote services is impaired by you or circumstances beyond the control of GTS, GTS may choose not to provide or to discontinue remote services.
(c) LIMITATION OF LIABILITY: To the extent permitted by law, you agree that GTS’s total liability for damages related to its Remote Support Services is limited to the total amount you pay for such Remote Support Services, and you release GTS from liability for any indirect, incidental, special, or consequential damages. GTS IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA, OR FOR THE FAILURE TO BACKUP OR FAILURE TO RESTORE ANY DATA, OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.
1.2 Service Warranty
If you are not satisfied with remote services received from GTS, please call 508-487-0600 for resolution. We warrant our remote services for 30 days following the date you received remote service; however, for repairs necessitated by a virus or spyware, the service warranty is valid only if the anti-virus and anti-spyware protection for your product is installed or updated during the repair or promptly thereafter (i.e., before you connect again to the Internet). If there is a problem with the service provided by GTS and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost.
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2.0 On-Site Computer Services
(a) SCHEDULING: Standard service hours are Monday — Friday 10 A.M. to 8 P.M., Saturday 10 A.M. to 5 P.M., and Sunday from Noon to 5 P.M. Additional charges may apply for rapid response or service outside of standard hours.
(b) SERVICE AREA: There is no charge for travel to service locations in Provincetown, Truro, Wellfleet, or Eastham (collectively, our "Standard Service Area"). If your location is beyond our Standard Service Area, additional travel charges may apply. Inquire by calling GTS at 508-487-0600 for information and applicable travel charges.
(c) ADDITIONAL SERVICES: These are available only to customers who have already purchased one on-site service and may be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.
(d) INSTALLATION AUTHORIZATION: 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 the GTS agent arrives, services will be denied and a $50 cancellation charge will be assessed.
(e) RESPONSIBILITY: It is your responsibility to back up all software and data on your computer's hard drive(s) and/or any other storage devices before the GTS agent arrives. GTS and/or its third-party service provider shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files.
(f) MINIMUM SYSTEM REQUIREMENTS (wireless home networking only)
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At least 10MB free hard disk space and 32 MB RAM on each computer
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Operating system and/or ISP passwords must be available
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Microsoft Windows 98 SE operating system or later
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Operating system discs and key codes must be available
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All computers and/or peripherals must be in good working order and spyware free
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Broadband services, if any, must be installed and operational before service, including modem connections.
(g) ACCESS: The GTS Agent must have 1) access to your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment and work space, and 4) electrical power. If the GTS Agent determines that these conditions have not been met, services will be denied and a $50 cancellation charge assessed.
2.1 Service Limitations; Liability
(a) LIMITATIONS TO SERVICE: GTS reserves the right to refrain from providing any or all services ordered and refund the customer's payment, wholly or in part, if minimum system requirements are not met or if technical conditions (such as wiring difficulties or physical barriers) or customer requirements are unusual, extensive, or beyond the scope of this service agreement as reasonably determined by GTS.
(b) FORCE MAJEURE: If GTS and/or its third-party service provider's ability to render services is impaired by circumstances beyond the control of GTS and/or its third-party service provider, GTS and/or its third-party service provider may choose not to provide services.
(b) LIMITATION OF REMEDY: Under no circumstances shall GTS be liable to you or any other person for any damages, including without limitation any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to the services provided by GTS or out of the installation, de-installation, use of, or inability to use your computer equipment, hardware, peripherals, or the network as a result of the services provided hereunder.
(c) GTS shall not be liable for any failure or delay in performance due to any cause beyond its control. If GTS’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of GTS, GTS may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, GTS shall not be responsible for repairing any damage or changes made to your residence or workplace.
(d) LIMITATION OF LIABILITY & RELEASE: You agree to release and hold harmless GTS from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by GTS. This includes but is not limited to data loss or lack of function in any component or element of your computer system and/or peripherals, any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.) as a result of GTS and/or its third-party service provider's agents, partners, and/or third-party service providers, regardless of the warranties, disclaimers, and waivers particular service and shall constitute liquidated damages and are a reasonable estimate of damages to you. Some states do not allow limitations or release of certain damages or liability, so the above limitation of liability and release may not apply to you.
2.2 Changes, Cancellations and Warranty
To change your order: You must contact GTS at 508-487-0600.
To cancel your order: You must contact GTS at 508-487-0600 at least 2 hours prior to the scheduled service. The payment amount will be fully refunded in the manner the purchase was paid.
If you are not satisfied with your service: Call 508-487-0600 for resolution. We stand behind our In-Home Service for 30 days. If there is a problem with the service we provided and you notify us within the allotted time period, we will work to remedy the problem quickly and at no additional cost.
LEGAL NOTICE
Dieter M. Groll, d/b/a Groll Technology Solutions, PO Box 616, 49 Bayberry Avenue, Provincetown, MA 02657. Contact us by phone at 508-487-0600.
LAST UPDATED: September 12, 2009
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1.0 Remote Support Services
