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Naples PC® COMPUTER REPAIR AUTHORIZATION TERMS & CONDITIONS
By: Fixed PC, A Limited Liability Corporation

By signing the Computer Repair Authorization Agreement or using our services, you agree that the following terms and conditions will apply to the work you are authorizing Fixed PC, LLC (FXPC) dba Naples PC  to provide (“Services”) for the listed computer or laptop (“Computer”). Fixed PC / Naples PC / Affiliates will be referred to as "FXPC" for the remainder of this contract.

I. Service. FXPC will provide the Services if practical and your Computer meets the minimum system requirements.FXPC will not perform Work that may endanger its employees or agents, subject them to offensive material, or require them to violate the law. You will not be charged for Services that FXPC does not perform. FXPC may use new, reconditioned, or used replacement parts to provide the Services. Replaced parts will be returned to you. There are absolutely NO REFUNDS after payment has been made. FXPC will only refund you at their discretion / if paid services cannot be performed, which is unlikely. Every computer / onsite service requires of minimum payment to begin service; called Diagnostics: In order to look at, touch, talk about, or invoice any computer, a Diagnostic Fee must be paid first. Finding out the problem is one of the most complicated and important services that must be done prior to doing any service. For Websites / other, this may be considered a Consultation. The minimum you will pay, regardless if you choose us to do the service, is $49.99 for one device. If we are required to go on-site or give a consultation, the minimum you will pay is $99 which will give you up to the first hour and $55/hr following until an official solution can or cannot be foreseen and we can provide an estimate / solution. We do not normally charge hourly as we believe flat rates to be the best way to charge per job, to encourage fast solutions. Your Diagnostic cost may, but not required to, credit toward your final invoice, provided the Diagnostic is not extremely strenuous. It is almost impossible to determine what troubles FXPC may encounter while attempting to repair your device and it is possible that additional charges can apply once the final service is performed. Potential additional charges may incur as a result of repairing your device. However, FXPC will never go above $50 more without first notifying you of the need for price changes. Before making any payment to FXPC; it is important that you read and understand these TERMS AND CONDITIONS in its entirety. By making payment to FXPC; you agree that you understand the TERMS AND CONDITIONS listed on NaplesPC.com/TAC.html and that you wish to do business under this agreement and do not hold FXPC liable for any potential mishaps that may occur.


II. Fees / Abandoned Property. You agree to pay FXPC when you pick up your Computer or when the services are complete. This amount may include fees for parts, labor, recycling or disposal, storage, plus tax or shipping. FXPC will promptly notify you if it discovers that additional parts, labor or other charges (beyond the estimate) are required to provide the Services. FXPC will give you a new cost estimate and you must authorize the additional Services, including by phone (“Change Order”). If you do not authorize the additional Services, FXPC will allow return for your Computer without completing the Services after any storage or diagnostic or partial service fees are paid. FXPC is not a warehouse and has no additional space for storage: If the computer is abandoned; after 30 days or more, it will automatically become the property of FXPC and a $1.50 storage fee for every day it is left on our facility will be applied, whether or not a service is done. If payment is not made for a service already completed, you agree that FXPC will hold your computer as collateral until a payment is received. If payment is not received following 30 days after a past due invoice, your computer may become the property of FXPC or you may be responsible for additional late, legal, and collection fees. FXPC reserves the right to sell, use, or discard abandoned property for any reason after 30 days of non-payment. We will wipe any data from hard drives before they are disposed / sold. We are not responsible for any losses you may incur.

III. Membership Cancellation Terms. All members, residential and business, are required upon signup to agree to the cancellation policy. Every member is responsible for at least six months of paid monthly dues, whether or not they cancel immediately following. All membership discounts applied within six months prior to cancellation will be revoked and invoiced to the previous member along with one month following membership dues. If you choose to cancel your policy, you must cancel within a minimum of 10 days prior to your next payment, otherwise you will be responsible for that payment as well as the cancellation fee of one monthly payment. Your signup of our membership programs is your agreement to our Cancellation Policy and Terms & Conditions.

FXPC provides extensive services for businesses. Virus Protection, Troubleshooting, Monthly Maintenance, Remote Support and Remote Connection to all computers and service for all employees remotely. Any Onsite work is considered additional labor and will be charged accordingly, with a 20% discount. As of 1/1/19; No Membership gives free on-site support, everything included is done remotely.

In order for these services to work, we are required to install a series of third-party software and monitoring programs that are not easily removed. By becoming a member you agree that we are not liable should these programs become hijacked, or any misrepresentation they may have in their contract with us. Although we control a large portion of the software, we are not the original designers, and there could potentially be vulnerabilities or privacy issues within their original design. You must also give room for human error, as FXPC does not claim to have the answer to every issue, and could potentially cause additional issues during the repair process. All virus protection services and remote seats cannot be removed by the client, it must be removed by the administrator, FXPC. If it is not removed by FXPC, you could cause serious damage to your computer and risk losing data. All cancellations must be scheduled, all communications must be with the Owner of the Account we have on file, so they understand the risks and charges, and what we need to do in order to proceed. If you wish to cancel; you must send a certified letter to 5633 Strand Blvd, 315. Naples, FL 34110 requesting cancellation, do not rely on email to do so. 

Once all requirements are met, the last month must be paid in full. During which, the client has the option to pay the cancellation fee of one month immediately, or wait until the next payment is automatically removed. During this one month, or following the cancellation, FXPC will need access to the computer for approx. 2 days, (upon request) in order to remove all scheduling and installed software. Failure to follow these steps could result in additional fees if the software is never removed or if your card is declined for any reason before the final day. It is also necessary for the member to send a certified cancellation letter to FXPC as communication by email is not guaranteed, unless otherwise agreed. Naples PC is a target for an insane amount of junk mail due to its publicity, and often times emails can be overlooked. You cannot cancel your membership by email or by contacting our merchant service provider. This will result in continued charges, additional fees, and/or collections. These are the terms and conditions of the membership that is agreed upon by physical or digital signature, or by signing up for our services.

If you have additional questions or necessities, it is extremely important to communicate them with FXPC. Lack of communication is the number one reason for membership cancellations.

IV. Transfer or Installation Services. Unless otherwise agreed, FXPC is not liable for and you agree to hold FXPC harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your Computer, whether incurred during the course of the Services or otherwise. If Services involve 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 FXPC to transfer the information and accept such terms on your behalf in performing the services.

V. Limited Warranty/Disclaimer. FXPC warrants that Services will be performed in a good and workmanlike manner, and that all hardware components will be free from material defects for a period of 90 days from the date the Services were completed. Services are warranted for a period of 30 days at the discretion of FXPC. If you have a warranty claim and contact FXPC within the 30 day period for Services, or 90 day period for hardware, FXPC may provide Services to remedy the issue at no additional cost to you. There is NO warranty for removal of viruses, spyware, adware or malware; if they are the cause of a repeat effort, you will be charged again for that service. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED. FXPC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF FXPC CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.

VI. Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, FXPC HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. FXPC’S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICES, WHETHER DUE TO FXPC’S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY FXPC FOR SUCH SERVICES. FXPC HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, 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. THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; AND ANY COSTS OF RECOVERING, PROGRAMMING, INTEROPERABILITY OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR COMPUTER AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST FXPC IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID FXPC FOR THE SERVICES.

VII. Data Protection. You acknowledge and agree that FXPC will not be responsible for any and all data loss, data corruption, or failure or inability to transfer your data. You agree and understand that it is your responsibility to maintain copies of all important data on your Computer, and to obtain such copies prior to authorizing FXPC to commence its Services. You acknowledge and agree that FXPC may need to collect, process, use and store your data in performing its Services. You understand that certain laws may require FXPC to surrender your Computer or data to legal authorities if you have potentially illegal material on your Computer.

VIII. Miscellaneous. This Agreement shall be construed under the laws of the State of Florida without giving effect to its conflict of law provisions. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement, including any Change Orders, is the only one that governs the Services. All waivers must be in writing, and no one is authorized by FXPC to vary, orally or in writing, any of the terms and conditions of this Agreement.

IX. Arbitration. In the event any dispute arises under this Agreement or in any manner 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. Any and all binding arbitration proceedings shall be undertaken as “fast track” proceedings and shall only be commenced in Collier County, Florida. 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 Florida. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to be bound hereto.