Terms of Service – Legal Technology Solutions

Terms of Service

CLICK HERE to download the printable version of this form, if you were requested to do so by our representative.

If you need to sign it and fax it back to us: Our fax # 480-361-4741, or Email your signed copy to info@clickcomputerservices.com.

  1. The purpose of this Agreement is to ensure a good working relationship between the customer and Click Computer Services (“CCS”). Given the nature of technology and consulting, it is impossible to predict every possible situation that may arise. This agreement will be a guideline for both parties to conduct business within a reasonable framework and with reasonable expectations. This document is not expected to replace good communication. If needed, please contact our managing partner: Beits Livneh – Beits@clickcomputerservices.com, (480) 614-4227 x 102.
  2. Business hours: Please refer to our website for current business hours. Services performed before and/or after business hours or during national holidays will be charged at “time and a half” or “double rate” fees. Business hours are subject to change & will be posted on our website at least 30 days prior to change.
  3. Travel charge: Travel fee/ Trip charge will be assessed for most on-site service calls, depending on your locations. Travel charges/ fees are up to date on our website, and are subject to change with a 30 days prior notice.
  4. Non-Solicitation: Customer agrees not to solicit CCS staff in any way for any services or employment outside of CCS relationship. Customer further agrees that without written permission from CCS, Customer will not hire any member of CCS staff in any capacity other than through CCS for a period of at least two years from when staff-member is no longer working with/ for CCS. By signing below you agree to compensate CCS for any damages caused by administrative work, training of new employee and all other related fees/ expenses / loss/ damages associated with the above.
  5. Diagnosis: If requested by the client, and if CCS has access to the client’s computer(s), CCS will attempt problem diagnosis and a solution over the telephone or using some form of remote support/ remote control, and will charge the regular remote support/ phone support fees, as posted on our website. Diagnosis or issues is part of our services, and is a billable time/ service, even if resolution is not provided during the diagnostics period.
  6. Remote control: Customer acknowledges that the remote support configuration, including installation of programs that will allow CCS to troubleshoot the issues and/or assist you remotely, might be installed and/or configured. This process shall be a non-separate part of the troubleshooting service, and customer agrees and acknowledges the installation of such program/ service. CCS will protect your computer and access to your devices remotely by securing the methods of such remote access software, and using software that is encrypted and secured.
  7. An Adult Must Be Present: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided.  If our technician arrives at the scheduled service time and no adult is present, services may be denied and a cancellation charge equals to one service hour fee, plus a travel charge will be assessed/ charged.
  8. Access: CCS staff must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to the premises, your consent and cooperation to enter your residence or business that need to be serviced, and a safe working environment, working space and electrical power.  If our technician arrives at the scheduled service time and determines that he/she does not reasonably have the access, cooperation, or safe working area described in the previous sentence, services may be denied and a one hour service-equal cancellation charge and any travel charges will be assessed.
  9. Limitations to service: CCS and/or its third party service provider reserves the right to refrain from providing any or all services ordered and instead may refund the customer’s payment, wholly or in part, on the basis that the minimum system requirements or technical needs are not met (including but not limited to wiring or overcoming physical or technical barriers, password issues where customer cannot provide us with the needed digital / physical access to the devices we are requested to work on/ assist with, etc.) or other requirements of the customer are unusual or extensive and beyond the scope of this service agreement as reasonably determined by a CCS technician and/or its third party service provider.
  10. Backup: Backup your software and data! It is the customer’s responsibility to keep a backup, or to perform a backup of all software and data that is stored on client’s devices and/or on any other storage devices/ media client may have, prior to the arrival of the technician to your home or business, or prior to the remote support session. CCS 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. Client agrees to waive responsibility from CCS of any loss of software and data. If you choose to have us assist with the setup and execution of your backup of your data/ information, you are aware and agree that all data being backed up should be monitored by and approved by you. CCS is not responsible for any data loss. Such backup service will be billable and discussed between CCS and the customer.
  11. Off-site backup service provided by CCS: If you signed up with our online (offsite) data backup service, or Disaster Recovery off-site replication service, we will setup your backup software to replicate/ copy your data to a remote server hosted by us or approved service provider such as data center. Your data will be encrypted “in transit” (on the way to the destination server(s)), and while on the destination server it will be either encrypted or physically protected. We will protect your data with appropriate security to allow physical and digital security of your information, including but not limited to physical locks, alarm, temperature alarms, motion detector(s), smoke detector(s), and while in our data center, additional measure will be taken, including but not limited to biometric scanners, armed guards, bullet-proof walls and windows, and other measures. Data retention of your backup will be determined by your SLA/ backup plan. By default, we keep data for only one year, unless a different agreement was signed. Upon a written request, we will destroy your data and remove it from our servers. We reserve the right to delete data from our server if the or other related backup agreement was breached by you, including but not limited to non-payment or other technical or non-technical reasons.
  12. Payments: All customers are required to provide a valid credit card for CCS to keep on file before scheduling an appointment. This is to secure the appointment and to allow on-going services to the customer. All customers are to provide payment for all services/ sales provided by CCS upon completion of work, in the form of check, cash, money order, cashier’s check or the use of the credit card.
    In some cases, CCS may agree to accept payment later than the service/sale date, which in that case, payment is due no later than 20 days from invoice date. This agreement must be in writing. Any payments received later than 20 days may be subject to a 15% late fee, which will be re-assessed on a monthly basis, at the beginning of every 30 days period, until payment is received.
    Late fee will be assessed for NSF checks as well. Businesses may apply for a NET20 term- please contact CCS for details.
    All hardware parts sold by CCS are the sole property of CCS until the payment and all bills are paid in full to CCS. CCS reserves the right to hold any services or information sharing with customers whose payment is past due.
  13. NSF: Writing a bad check is against the law. CCS will prosecute any bad check provider. Non-Sufficient Funds checks (NSF) or voided checks will result in $25 fee, and you understands that by signing this agreement, you agree to send payment immediately in case of NSF payment.
  14. Refund Policy: Hardware and software orders may not be cancelled or returned for a refund. There is no refund on software/ programs. Replacement for damaged software and/ or hardware will be available only in  accordance with the wholesaler’s / manufacturer’s policies, and directly by contacting and communicating with the manufacturer(s). A restocking fee of 15% will be applied for returns that are not due to manufacture damage.
  15. Services Warranty: Most services are under warranty for 10 days from service date. If the problem is due to misuse or fault of the client during this 10 day period, any solutions for the issue(s) are subject to a regular service fee/ hourly rate. After warranty period ends, any services provided will be billed at regular hourly rate. A warranty is never provided for virus and/or any malware removal. We cannot guarantee the removal or remediation of viruses, malware and/or other infections. Furthermore- Customers who do not follow CCS recommendation for protection programs or procedures automatically forfeit CCS responsibility and/or warranty.
  16. Hardware/ Parts Warranty: CCS is in most cases a “middle man” or reseller/ affiliate for hardware and software we provide to our customers. Under no circumstances will CCS be liable or provide financial compensation for damages or additional labor charges caused by malfunctioning hardware or software. For products bought thru CCS with manufacturer’s warranty, client must contact the manufacturer for the warranty replacement or repair of the item. CCS is not responsible for replacing the items or fixing the items, and if hired to do so, CCS reserves the right to charge the customer for the remediation/ service time. Delivery deadlines of goods and services are estimated only, and cannot be guaranteed.
  1. Remediation time: No guarantee is provided unless you are contracted.
  2. Response time: Customers that are on a maintenance plan are the only ones who are eligible for our response times. Response times are subject to change. Below is the current breakdown:
    LOW: Might take up to 2 business days
    MEDIUM: Might take up to 1 business day
    HIGH: Might take up to 8 business hours
    CRITICAL: Might take up to 4 business hours.
  3. 3rd Party software and providers: As part of our services and solutions, we sometimes use 3rd party program such as Anti-Virus, Remote Access (Log Me In etc.) and other solution providers such as outsourced help desk services from providers such as Continuum or MCW. We choose our providers carefully and ensure all providers are both secure and convenient for our clients. Those 3rd party providers/ companies, have their own terms of service agreements which are available for our customers upon request. We will be happy, and obligated to offer you a link to the provider’s “terms of service” web page, or send you a digital copy or such information. Some of the services in this clause include, but are not limited to: VoIP solutions, online / offline backup solutions, Hosted Exchange and Compliance solutions, our data center (Scottsdale IO for example), etc.
  4. Termination: You have the right to terminate our services at any time by giving CCS a 30 day written notice. CCS has the right to cease providing services to you, consistent with ethical and professional conduct, to take effect as soon as, or immediately after, such termination notice was provided. In the event that either party terminates the work agreement, it is your obligation to take all necessary steps to effectuate this termination. (e.g.: Assign personnel to perform backups, web/email hosting arrangements, change passwords, etc.)
    In case of termination, however, we are frequently willing to work with your new provider to facilitate a smooth transition. Termination by either of us will not relieve you of the obligation to pay all outstanding fees, disbursements and any other costs incurred prior to the date of termination.
  5. Expiration: This agreement, and all terms in this agreement, in whole or in part, shall be valid and agreed upon by both parties, and will be canceled ONLY after a written agreement acknowledged by both parties. No other agreements or terms, whether in conflict or not, will cancel or change the terms on this agreement. The terms on this agreement are the most updated terms of service agreement terms of CCS. Previous “Terms of Service” agreements signed by you with CCS are void, and the terms of this contract will take effect after signing it below. Customers on a maintenance plan (SLA or “Service level agreement”) will have additional terms that might overwrite the above terms or some aspects of this agreement.
  6. Release of liability: By signing the form, you affirmatively release CCS and/or its third party service provider from and against any loss, liability, or damage that you, the the business, the computer(s), or the  user(s) may suffer, including but not limited to any loss of data, the non-functioning of any component or element of your computer equipment, and peripherals resulting from Click Computers Services and/or its third party service provider’s agents, partner’s and/ or third party service providers.
  7. Legal: This form is to replace any verbal or previous written agreement between both parties, and is effective from the day of signature. This agreement is governed and interpreted by the laws of the state of Arizona. In the event that this agreement is subject to court action, attorney’s fees may be awarded to the prevailing party.
  8. Our Requirements:
    Some of our BASIC/ global requirements for all our customers:

      1. Following our password policies and recommended password complexity and age.
      2. Keeping your computers at a reliable age (about 4 years for workstations, and about 7 years for servers). This may vary based on the quality of the hardware, and how the systems are used. While we are all about not spending un-needed money, we still recommend replacing computers at the above age to PREVENT hardware issues. Especially if the operating system was not re-installed for the same about of time.
      3. Purchasing equipment from known sources (to avoid devices that might come pre-installed with malware/ spyware, and get devices with hardware warranty.
      4. Keeping the computers turned on during patch scheduled days, allowing us to install the needed updates/ security patches as recommended by the software providers (Microsoft/ Adobe/ Java etc.)
      5. Keep a spare computer in place, up to date and protected (“ready to be used” in case of a hardware failure of another computer)
      6. Appropriate disposal of equipment and termination of personnel / vendors
      7. Policies and continued education of your team on recognizing security threats, including fake emails, phishing websites, fake links etc.
      8. Periodic audits of your users and passwords. who has access to what, and restriction of users/ folders/ computers