Terms & Conditions
We appreciate your business. The
following terms and conditions will enable us to provide you with the best
possible service. “We” or “us” refers to Top Notch Group, L.L.C. “You” refers
to the customer.
WARRANTIES
Unless otherwise noted at the
time of service, all work performed by us carries a 6- month
warranty on parts, and a 90-day warranty on labor. If the warranty terms vary
from the foregoing, such variance will be noted on the estimate or invoice.
New computer systems will
typically have longer warranties, which vary by application.
Used equipment carries no
warranty unless stated otherwise in writing at the time of sale.
All warranties run from the date
of invoice, NOT the date that the equipment is delivered to or picked up by
you.
You must inform us of any
warranty claim promptly upon your discovery of any defect and you must deliver
the equipment to us at your expense for warranty service. Our obligation under
any warranty claim is limited to repair or replacement of the faulty equipment.
We may determine, in our sole discretion, that repair or replacement is not
possible, in which case we may refund the purchase price. Blind refunds will
not be issued under any circumstances.
Our warranty does not cover loss
or damage caused by environmental or human factors. This includes water damage,
electrical surges, electrical manipulation or overclocking, impact, misuse, or general
mishandling of the equipment.
Our warranty is voided if you or anyone
else attempts to effect repairs on the equipment or if your account with us is
delinquent.
In cases of malware removal, we
will remove all virus and spyware infections contracted within 30 days of the
repair for no charge. Between 30-90 days, we will do so if the malware is a
repeat of the initial infection. This is contingent upon the customer utilizing
an approved security program.
RETURNS
Return or exchange of equipment
is at our sole discretion. If accepted, returns of non-faulty equipment within
30 days of invoicing will be charged a 20% restocking fee. No returns are
permitted on equipment after 30 days from the date of invoice.
SHIPPING INFORMATION
We cannot be responsible for any
loss of, or damage, to your equipment during shipping. This includes incoming
and outgoing orders. All of our shipments are packed safely, checked, and
insured with a trusted carrier. We recommend insuring any equipment you ship to
us. Claims for damage during transit are the sole responsibility of the
customer, and we will fully comply with all requests from customers and
carriers relating to such claims.
LOANER EQUIPMENT
If you request, and if it is
available, we may be able to provide you with loaner equipment for temporary
use while your equipment is retained by us. We cannot guaranty the availability
of loaner equipment. All loaner equipment must be returned in the same
condition it was in when given to you. You may not install software on our
loaner machines without prior consent. You will be responsible for the cost of
repairing or replacing any loaner equipment that is lost or damaged before being
returned to us.
ABANDONED SYSTEMS/LACK OF CONTACT
INFORMATION
We will promptly notify you when
your equipment is ready to be picked up. If you do not pick up the equipment
within 60 days of notice that it is ready, you will be deemed to have abandoned
the equipment and we may dispose of or reuse it as we deem proper. The proceeds
of such disposition, if any, will be applied first to our costs in disposing of
the equipment and then to any outstanding balance you may have with us.
PAYMENT AND BILLING POLICY
Payment is normally due upon
completion of service, unless 1) A signed monthly, ongoing maintenance
agreement is on file, or 2) A signed billing form, or 3) A valid backup credit
card is on file. Equipment will not be released to you until payment is
received. No mail-in orders will be shipped until payment is received.
In the appropriate circumstances
and with prior approval by us, we may bill you for services or equipment. You
will be required to provide a backup credit card under all circumstances.
Payment by check or cash must be received within 15 days from date of invoice.
For managed routine support, volume repair, or maintenance clients, payment is
due no later than 30 days from the date of invoice.
Accounts not paid within the
foregoing time limits will be charged interest at the rate of 1.5% per month
compounded. Accounts over 60 days late may be subject to refusal of service and
repossession of unpaid equipment (if applicable). Accounts over 120 days late
will be referred to collections. If an account is referred for collection you
agree to pay all costs of collection including reasonable attorney’s fees in
the amount of 33% of the total amount owed.
In cases of business ownership transfer
(merger, sale, reorganization, bankruptcy, etc.), we consider outstanding
balances bound to the physical and virtual properties of the business at any
given time. Changes in officers, management, or any interested parties do not
release the past or present ownership/management of any financial liabilities
or obligations.. Accounts not in compliance may be subject to the measures in
the previous paragraph.
Every tangible order, service
call, and site survey evaluation is subject to our Diagnostic Fee, equivalent
to one hour’s worth of service at the current rates. Several exceptions exist
where our published “Diagnostic Fees” do not apply, and instead service is
billed hourly from the time it begins. Examples include, but are not limited
to: A) Commercial site surveys located beyond what is considered a “reasonable”
commute from our nearest office B) Emergency & “Rush” orders C) Data
recoveries D) Certain computer models E) Custom or self-assembled systems not
assembled by us, brought to us in non-functioning state.
If any check that you give is not
honored you will be responsible for all fees and charges as provided in Va.
Code §§ 8.01-27.1 and 27.2. A $30.00 Returned Check Fee will be applied to the
invoice balance.
SERVICE GUIDELINES &
TURNAROUND TIME
Managed Services: Customers subscribed to a maintenance plan shall
receive same-day support for business-critical issues, regardless of day and
time. We can respond to most incidents in short order; Our guarantee is to
begin assessment and start work for any incident within (2) hours of being
notified, and if necessary, travel on site within (4) hours of being notified.
Approved avenues of communication (dial #5 from auto attendant, or email sent
to urgent@tngva.com) must be employed to guaranty the aforementioned
response times. Text messages or calls to an individual’s cell phone may not
properly enter our system. For normal daytime support, your attached “Maintenance
Plan Welcome Form” contains your recommended non-emergency contact procedures,
as they may have been curated to suit your individual needs. Should you wish to
cancel your maintenance plan for any reason, a form shall be sent over to you
to be signed and returned. The form is an attestation of acknowledgement that
you will adopt any liabilities relating to data privacy & protection, information
security, and business continuity. For month-to-month plans, your service
coverage will terminate at the date of your next invoice; Those on longer-term
contracts (includes private cloud infrastructure clients) will be required to
pay out the remainder sum of the contract, or be responsible for any equipment
or software charges waived during your onboarding.
Non-Managed Services: Most simple orders can be processed within
3-10 business days. When expedited service is requested, we will do our best to
meet a 1-3 business day turnaround. Although we do our best, we cannot promise
these turnaround times for every circumstance. Normal orders are performed with
cost savings in mind, while with rush orders our focus is to provide the
fastest turnaround possible. More time will be spent on rush orders, and any
parts needed will be rush shipped. This normally results in a higher cost. Our
advertised diagnostic fee does not apply to rush orders. We may elevate a
normal order to a rush order at any time without notice if we sense the client
is in a hurry (example: multiple phone calls seeking status updates the same
day or next day after an order is dropped off). Please note that while granular
repair techniques may be employed on your unit, We do not currently
accept incomplete systems or individual system parts from the general public.
SPECIAL RATES
Certain qualifying individuals
and institutions are eligible for a 10% discount on all labor we perform.
Qualifying individuals include: Senior citizens, active duty military
personnel, police, fire, or rescue personnel, and full-time students ages 18 and
older. Individuals must request the discount in order to receive it. Qualifying
institutions include: Churches, non-profit organizations with fewer than 25
employees, K-12 public & private academic institutions, and private
universities with under 5,000 full-time enrolled students.
EXPECTATION OF CUSTOMER CONDUCT
AND GOOD FAITH
We understand technology fuels
the heartbeat of modern human life and corporate transactions. Going through
technology-related issues and resulting financial losses can be emotionally
difficult. Please bear in mind: We are here to provide a professional,
competent, friendly alternative to corporate managed service firms, retail
chains and traditional “shops.” Sometimes orders take longer than they should.
Sometimes we’re busy and lapses in communication may occur. This does not mean
we have forgotten about you, nor does it mean we care less about your situation
that you do. Rude conduct, foul language, verbal abuse or threats of any kind
towards a Top Notch team member may result in A) Termination of a given or
ongoing service prior to completion, with no refunds, B) Forfeiture of warranty,
C) Removal from premises. If we feel effective communication is not possible
due to a client or employee under the influence of drugs or alcohol, the
aforementioned measures may be effected.
AIDING & ABETTING
CIRCUMVENTION OF STAFF NCA OR NDA
Our employment agreements with
our staff members and this document prohibit direct engagement between a Top
Notch client and Top Notch staff member, which
circumvents the administrative and billing systems of Top Notch Group, LLC.
This includes A) Your employment of our staff member by contract or otherwise; B)
Your receipt of our confidential or internal materials. If this agreement is breached,
you will be responsible for all such gross billings and legal fees, extending
for a 12-month period following a staff member’s termination of employment.
CONFIDENTIALITY AGREEMENT
Upon both parties signing an
initial work order, we agree to use commercially reasonable measures to physically
and virtually guard your equipment and data. Any client or patient information
encountered during our working relationship is for diagnostic purposes only,
and will be treated as confidential. The same goes for our employees,
contractors, and any involved associates. Under no circumstances will your
personal, company or patient data be moved, sold, or sent anywhere without
permission from you.
WAIVER OF LIABILITY
You grant permission to us to
perform any action deemed necessary in our professional capacity. You release
us from any liability for any data loss, or component failures, occurring
during attempted repair or testing, or at any other time. We are not
responsible for loss of profit, or for any direct, indirect, special,
incidental, or consequential damage occurring during, after, or as a result of
our provision of goods and or services. ALL CLAIMS FOR LIABILITY AND/OR LOSS
INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, ARE HEREBY EXPRESSLY WAIVED.