The following are Personal Technology Solutions LLC ("PTS", "we", "us") terms of service ("Terms of Service") for our home and small business clients ("Client", "you"). Enterprise clients are bound by terms agreed upon in their individual signed agreements with PTS. SERVICES PTS will provide diagnostic, repair, consulting and maintenance technology services (“Services”). RATES Our standard rates are: $175 per hour – phone and on-site services between 8:30 AM and 6:30 PM $250 per hour – phone and on-site services after 6:30 PM, on Weekends and PTS Holidays. There is a one hour minimum for on-site services and ¼ hour minimum for phone support. Travel outside of New York City (excluding Staten Island) is subject to a travel surcharge. Travel within a 30 mile radius of NYC will be assessed a flat $150 travel surcharge. Travel outside the 30 mile radius will be charged an additional $3/mile. Travel distance will be calculated using Google(TM) Maps, one-way, from PTS office to Client site. PTS may offer or Client may request an estimate for Services. Please note that the amount billed will be based on actual hours worked. Any Services rendered at a flat-rate (other than the Special Services described below) shall be set forth on a separate Statement of Work signed by the parties and such Services shall be otherwise subject to these Terms of Service. PTS may review these rates from time-to-time, and the rates may be changed in accordance with these reviews. PTS will make reasonable efforts to notify you before any rate changes. SPECIAL SERVICES Computer Purchasing Consultation: $75 flat fee per computer Small Business Initial Survey: $150 flat fee Data Recovery Consultation: $75 flat fee, applicable towards data recovery fee. Data Recovery Fee: Fee will be agreed upon during Data Recovery Consultation. GUARANTEE FOR SERVICES We stand behind all our work. For in-person visits, we guarantee our work for a period of 10 days. For phone or remote support, we guarantee our work for a period of 5 days. If you are unsatisfied with our Services, and notify us at 212-206-9619 within the stated time period, we’ll come and take care of it at no additional charge. After the stated time, Services will be deemed accepted. GUARANTEE FOR EQUIPMENT During the course of providing Services, we may offer, or you may request, that we provide various computers, software, and other peripherals ("Equipment") to you. All Equipment, except software, can be returned to PTS for a period of 10 days, and must be in "like new" condition, including the original packaging. Software cannot be returned. PAYMENT POLICY Payment is due at time of Service or ordering of Equipment. We require that our Clients keep a valid credit card number on file, as well as a current billing e-mail address. Upon completion of Services, PTS will e-mail an invoice to the e-mail address specified. Ten (10) days after sending an invoice, PTS will charge the credit card on file for all charges. Equipment will be charged to the credit card on file at the time of ordering, and a receipt will be sent to your billing e-mail address. You are responsible for informing PTS of any changes in your billing e-mail address. To ensure you receive our invoices and receipts in a timely fashion, please add "billing@ptsolutions.com" to your e-mail white list or address book (please contact us if you 'd like our help doing this). If our charge to your credit card is declined, we will make reasonable efforts to contact you; if we are unable to contact you for a period of ten (10) days, you may be charged, and agree to pay, a 1.5% per month finance charge. BY ACCEPTING THESE TERMS OF SERVICE, YOU HEREBY AUTHORIZE PTS TO AUTOMATICALLY CHARGE YOUR CREDIT CARD FOR THE FULL AMOUNT OF ANY UNDISPUTED INVOICE, INCLUDING ALL APPLICABLE STATE AND LOCAL TAXES. Notwithstanding the above, PTS requires a deposit equal to 50% of the estimated price for any Services totaling over $1,000. You agree to pay this deposit before Services commence. DISPUITING AN INVOICE We do our best to provide you with clear, timely and accurate invoices. However, we strongly encourage you to examine every invoice you receive. If you feel an invoice is in error, you must contact PTS by calling 212-206-9619 or e-mailing billing@ptsolutions.com within 10 days of the date we sent the Invoice. We will not charge a disputed invoice on your credit card until we have resolved the dispute with you. APPOINTMENT CANCELLATIONS Appointment cancellations must be made more than 24 hours before the appointment by calling 212-206-9619. Appointments cancelled within 24 hours will be accessed a $75 cancellation fee. Any applicable cancellation fees will be invoiced, and charged according to our Payment terms above. BACKING UP Working on computers always carries a risk of losing programs and data. It is your responsibility to back up all software and data that is stored on your computer or other storage devices before our visit. Upon your request, PTS can back up important data prior to working on your computer systems, subject to applicable fees. PTS shall not be responsible at any time for any loss, alteration, or corruption of any software, data or files. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL PTS (OR ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILAITES OR AGENTS), OR THIRD PARTY SERVICE PROVIDERS 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 PTS AND/OR ITS THIRD PARTY SERVICE PROVIDER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVER IF PTS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY AMOUNT RECOVERABLE BY CLIENT AGAINST PTS IN ANY ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF PAYMENTS ACTUALLY MADE TO PTS FOR THE SERVICES FOUND TO BE THE PROXIMATE CAUSE OF THE DAMAGE DURING THE TWELVE WEEK PERIOD PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. FORCE MAJEURE If PTS’ ability to render services is impaired by you or circumstances beyond the control of PTS, PTS may choose not to provide Service. NON-SOLICITATION OF EMPLOYEES Client will not, during the period commencing on the date of first delivery of Service and ending one (1) year after the termination of any person's employment with PTS, directly or indirectly employ, nor engage as a consultant, any such person. Client agrees that the remedy at law for any breach of the foregoing provisions of this paragraph shall be inadequate and that PTS shall be entitled to injunctive relief without proof of irreparable injury and without posting bond in the event of such breach in addition to any other remedy it might have. SEVERABILITY If any provision of these Terms Of Service is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of these Terms of Service remain legal and enforceable, the remainder of these Terms of Service shall remain operative and binding on PTS and Client. ENTIRE AGREEMENT These Terms of Service constitute the sole and entire agreement between the parties relating to the subject matter hereof, and supersede all prior understandings, agreements, and documentation.

Close