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COMPUTER REPAIR TERMS AND CONDITIONS AGREEMENT:
#1. By accepting service from BlackmagicComputers.com you are acknowledging that you have read and understand these terms and conditions and agree to all these terms below.
YOU AGREE TO THESE REPAIR TERMS AND ALL APPLICABLE SERVICE AND DIAGNOSTIC FEES.


#2. You have requested service from BlackmagicComputers.com Blackmagic Computers will diagnose and service your computer for an applicable fee as described in #3. Below.


#3. Services and Diagnostic Fee: Blackmagic Computers will not attempt to determine, diagnose and repair your computer via telephone. All repairs are done through the following means: At our business location, at the customers home or business, or remotely using Remote Assistance Software. Sometimes a successful repair is not possible due to problems with your computer or its configuration. In these situations we may be unable to complete the necessary services or resolve the problem to completing the repair of your computer. In these cases Blackmagic Computers is not liable for incomplete repairs and applicable services and diagnostic fees will remain due to BlackmagicComputers.com


#4. Full Payment is due before the Remote Assistance has begun. If it is determined that the customers computer has hardware issues the technician will notify the customer and the amount that was paid can be applied to the cost of fixing the customers computer if they decide to have Blackmagic Computers come to their home or business or have the computer brought to our facility. If the customer lives outside our local Home or Business Services area then it is the desecration of Blackmagic Computers to determine whether a refund will apply. This only applies to services and not hardware. Services fees will not be applied to any hardware that may need to be used or purchased. No adequate estimate of that expense for hardware related issues can be determined without an actual physical diagnostic of the customer’s computer.


#5. Blackmagic Computers or any technician or employee working for the company will not be liable for any and all damages, including but not excluding, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer. Weather incurred during the course of Blackmagic Computers services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize Blackmagic Computers to transfer the information and accept suck terms on your behalf in performing the service.


#6. Warranty: In servicing the customer’s computer, Blackmagic Computers warrants that service will be performed in a professional and timely manner. All services with the exception of virus removal, spyware removal, adware or malware, data backup or data recovery are warranted for a period of 30 days at the discretion of Blackmagic Computers.


#7. THIS WARRANTY AND REMEDY ARE EXLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITEN, EXPRESS OR IMPLIED, K WITH RESPECT TO ANY AND ALL SERVCIES PERFORMED FOR YOU BY BLACKMAGIC COMPUTERS. BLACKMAGIC COMPUTERS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCK ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF BLACKMAGIC COMPUTERS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCK WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR PARTICUAL PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.


#8. Limitation of Liability: If any damage should occur while your computer or systems are being serviced, Blackmagic Computers has no liability for the cost of repair of the affected computer or computers. Blackmagic Computers entire liability to  you for damages arising from any cause whatsoever with respect to the service of you computer and or computers, whether due to Blackmagic Computers error or negligence or to any other reason, is limited to the amounts that you pay Blackmagic Computers for such service. Blackmagic Computers has no liability whatsoever for indirect, special, exemplary, or consequential damages, including without limitation loss of use, lost profits or revenue, or any other damages whatsoever not otherwise expressly permitted under this agreement. Blackmagic Computers expressly has no liability for loss of or damage to data or software applications while performing service. Your only remedy under the repair terms and conditions is to seek recovery of damages against Blackmagic Computers in an amount not to exceed what you paid Blackmagic Computers for the service.


#9. Data Protection: You agree and understand that it is your (The Customer’s) responsibility to maintain copies of ALL data on your computer, and to obtain such copies prior to authorizing Blackmagic Computers to commence its services for you.


#10. This agreement shall be construed under the laws of the State of Michigan. In the event any dispute arises under this agreement or in any matter concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law.


#11. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Michigan. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bind hereto.
By checking the box you (The Customer) agree that you have made a backed up all important and non important data and that this is your responsibility. BlackmagicComputers.com Employees, Staff, Partners or Affiliates are not responsible for lost missing, unrecoverable or damaged data.
The Customer agrees that they are of legal age and or 18 years of age or older and agree to accept service form Blackmagiccomputers.com.

I AGREE TO THESE REPAIR TERMS AND ALL APPLICABLE SERVICE AND DIAGNOSTIC FEES.

 

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