TekHattan Terms and Conditions
IMPORTANT CUSTOMER INFORMATION FOR ALL SERVICES OFFERED BY TEKHATTAN (ON SITE, BY PHONE, REMOTE[ONLINE])
TERMS AND CONDITIONS, REPAIR WARRANTIES, DISCLAIMERS
TekHattan hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability, fitness for a particular purpose or any other warranty of any kind on any of the products which TekHattan provides. Computer systems, hardware components, peripheral devices, software and any other tangible component sold by TekHattan, are warranted only by the manufacturer or publisher of such component and are limited to the terms set forth by said manufacturer or publisher. TekHattan is not responsible for obtaining warranty services or performance of warranty terms for any such component. Services rendered by TekHattan may void manufacturer warranties for a computer system, computer network system, or a related device. TekHattan does not assume any liability or warranty in the event that the manufacturer warranties are voided.
Individual service contract will take precedence over this agreement, if applicable.
NO CONSEQUENTIAL DAMAGE
In no event shall TekHattan, its subsidiaries or affiliates, or it’s respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, ‘TekHattan‘) be held liable for special, incidental, consequential, direct, indirect, physical, compensatory, punitive or any other damages, including but not limited to, physical injury, loss of data, loss of use, or loss of profits, however caused, whether for breach of contract, negligence, or otherwise, regardless if TekHattan has been advised of the possibility of any such damages.
REVISIONS TO THESE TERMS AND CONDITIONS
TekHattan may revise these terms and conditions at any time by publishing said revisions on our web site; tekhattan.com. All revisions to these terms and conditions are effective for transactions dated after the revisions. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.
By agreeing to have TekHattan perform services on any computer system, computer network system, or related device, you certify that you are the expressed owner of said computer, computer network system or related device or are an authorized agent for the owner. In the event that you are found not to be the true expressed owner of said computer system, computer network system, or related device, you assume all liability for any claim made as the result of the services rendered by TekHattan on said computer system, computer network system, or related device.
Computer system is defined as the CPU enclosure and software (operating system, applications and other installed software). Hardware is defined as any individual component that is contained within the Computer System such as hard disk drives, main boards, processors, memory modules or any other component contained within the Computer System. Peripheral device is defined as any hardware item which attaches to the Computer System such as Printers, Monitors, Cameras, etc. Data is defined as any information which is not part of the operating system, application software or other installed software such as pictures, word processing documents, email, financial data, or any other user created information stored on the computer system.
TekHattan, with verbal or written permission of client will install remote management software in order to provide remote support services. This software allows TekHattan to manage and access a PC remotely. Client acknowledges that with remote software installed TekHattan may access a PC remotely with clients permission. Further, client agrees to indemnify and hold harmless TekHattan against any claims relating to our remote access application, regardless of the nature of that claim.
TITLE TO GOODS
Title to purchased goods is retained by TekHattan until such goods are paid for in full by the purchaser or purchaser’s agent.
WARRANTY AND EXTENDED SERVICE CONTRACT COVERAGE EXCEPTIONS
Although a product may be covered under a manufacturer warranty or an extended service contract, we are not a warranty service center. You will be charged for all repairs performed by us.
A diagnostic fee may be assessed for items that are either non-repairable or if a repair is declined for any reason.
TekHattan disclaims responsibility for all loss, corruption, or damage to software applications, data, or any information stored in any product given to TekHattan for service. While we have no history of data loss, it is still your obligation to make sure your data is properly backed up before we begin working on your system.
ON-SITE SERVICE CALLS
Minimum Charge; $145 residential or $175 business. Charges are billed by the hour. Unless otherwise noted, these fees will be in full effect during your service call. A minimum of one(1) hour is required for all On-Site service calls. Contracted hourly rates will take precedence over this paragraph.
Diagnostics fee will be applied to any repair or service. If, in the event, a client declines to continue with estimated work, you are liable for all Diagnostics fees.
After diagnosing the problem, TekHattan will inform you with an verbal estimate to repair your system including any diagnostic charges if applicable. Your oral agreement to repair constitutes an Oral contract in which you agree to pay TekHattan for the diagnostics and repair upon completion. Written estimates will be provided upon request.
Unless prior arrangements are made, payment is due when services are rendered. Payment may be by check, cash, credit card or certified instrument. Any other arrangements must be made in advance of services being provided.
NON-MANAGED CUSTOMER DEPOSIT REQUIREMENT
A Non-Managed Customer is defined as a customer who does not have an active agreement or service contract with TekHattan and/or its’ Third-Party Provider. We require all Non-Managed Customers to provide a deposit equivalent to One-Hour of service.
PAYMENT BY CHECK
TekHattan requires a valid State Issued Drivers License, State Issued Identification Card, Passport or other Government Issued Identification with every check. Returned checks will be assessed the state maximum fee of which is allowed by the state in which the check is written.
TekHattan provides a 30-day warranty for most repairs. This means that if within 30 days of service, a defect arises in the work performed, TekHattan will service your product again at no charge. You may have longer warranty coverage if your product is still covered under its original warranty or an extended service contract. This warranty does not include problems that may be created by user error or negligence. Please review the terms of your warranty, extended service contract, or the Repair Terms and Conditions for details.
Unless prior arrangements are made, any item left for repair that is not picked up and paid for within 60 days of completion of said repair will be considered as abandoned. TekHattan will notify you by certified mail that TekHattan considers your item abandoned by you and if the item is not picked up and paid for within 15 days of our notification of your receipt of said notice, the item will be recycled by our e-waste recycler. The receipt by TekHattan for the certified mail sent to you and further, accepted by you together with your failure to contact us within the 15 day time frame is your acknowledgement the item is indeed abandoned and you thereby transfer title to TekHattan for disposition. Abandoning and subsequent e-waste recycling of your item does not relieve you from the amounts due. TekHattan reserves the right to pursue collections and by failing to respond, you agree to be liable for any and all costs incurred in such collections. Prior to any further transactions with TekHattan, you will be required to remit in full on any previous amounts due plus provide pre-payment for any further services.
We offer to our customers free recycling of unwanted or defective Computer Systems, Peripheral devices or hardware components. Hardware items replaced by TekHattan during the course of a repair will also be recycled at no additional charge.
ON SITE REPAIRS
If a part is required to facilitate a repair that is not a standard part in TekHattans’s inventory, and the part has a cost over $100, customer will be required to pay a deposit of 100% of the cost of the part before part is ordered.
OVER THE COUNTER PARTS ORDERS
All “Over the counter” parts orders require a deposit of 100% of the cost of the part before part is ordered. If for any reason customer decides PRIOR TO REPAIR, not to purchase goods that have been ordered, customer will be solely responsible for shipping costs to and from manufacturer(if applicable), plus a cancellation charge of 25% of the total order value.
BY PHONE SUPPORT
(a) Services: TekHattan will attempt problem diagnosis and a solution over the telephone for an applicable fee. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.
(b) User Responsibility: You understand and agree that prior to contacting or allowing TekHattan to perform diagnostic repair on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that TekHattan shall not be responsible under any circumstance for any loss or corruption of data and/or software.
(a) Scheduling: Standard service hours are Monday-Saturday, 8 AM – 6 PM EST. Additional charges may apply for rapid response services or service outside of standard installation hours.
(b) Service Jurisdiction: TekHattan sets the Service Jurisdiction for each community in New York and New Jersey. If a location lies beyond TekHattans’s standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the TekHattan standard Service Jurisdiction , please call (855) 444-6414 for information pertaining to applicable trip charges.
(c) An adult must be present at Residences or Business: 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 A TEKHATTAN TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A $175 CANCELLATION CHARGE WILL BE ASSESSED.
(d) BACKUP YOUR SOFTWARE AND DATA: It is your responsibility to back up all software and data that is stored on your computer or electronic devices hard disk drive(s) and/or on any other storage devices you may have prior to the arrival of a TekHattan service agent to your Home or Business. TekHattan and/or its’ Third-Party Provider shall not be held responsible at any time for any loss, alteration or corruption of any software, data or files.
(e) Minimum System Requirements (For Wireless Home Networking Only):
All computers to be networked must have a minimum of 60Gb of hard disk space and 4Gb of RAM.
Password(s) for operating systems(s) and/or ISP must be available at the time of service.
Microsoft Windows 7 operating system or greater.
Operating System disc and Key Code must be available at the time of service.
All computers and/or peripherals to be networked must be in good working order and Spyware-free.
(f) Access: The TekHattan Technician must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF A TEKHATTAN AGENT 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, THEN SERVICES MAY BE DENIED AND A $175 CANCELLATION CHARGE WILL BE ASSESSED.
TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES
LIMITATIONS TO SERVICE: TEKHATTAN AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CUSTOMER’S PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT THE MINIMUM SYSTEM REQUIREMENTS ARE NOT MET OR THE TECHNICAL NEEDS (INCLUDING WIRING OR OVERCOMING PHYSICAL OR TECHNICAL BARRIERS) OR OTHER REQUIREMENTS OF THE CUSTOMER ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY TEKHATTAN AND/OR ITS THIRD PARTY SERVICE PROVIDER.
If TekHattan’s and/or its third party service provider’s ability to render services is impaired by you or circumstances beyond the control of TekHattan and/or its third party service provider, TekHattan and/or its third party service provider may choose not to provide services.
LIMITATION OF REMEDY
UNDER NO CIRCUMSTANCES SHALL TEKHATTAN AND/OR ITS THIRD PARTY SERVICE PROVIDER 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 TEKHATTAN AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.
RELEASE OF LIABILITY
BY ORDERING SERVICE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS TEKHATTAN AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM TEKHATTAN AND/OR ITS THIRD PARTY SERVICE PROVIDER’S AGENTS, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.
CHANGES, CANCELLATIONS AND REFUNDS
To change your order you must contact TekHattan Customer Service at (855) 444.6414. If you are making a cancellation, please give TekHattan at least 4 hours notice prior to the scheduled performance of services. Cancellations must be completed by calling (855)444.6414. If you fail to inform us of your intent to cancel your service call within the time stated, you agree to surrender your deposit in full. If you are not satisfied with your service: Please call (212)255.7499 for resolution.
We stand behind our Phone Support services for 3 days. We stand behind our Remote Service for 14 days. We stand behind our On-Site Service for 30 days. If there is a problem with the service we provided and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost. Please note: issues that are caused at the fault of client do not apply to this warranty.
Due to the unpredictable nature of complex computing systems, business environments (including but not limited to servers, networks or VPN connections) or issues that are caused at the fault of any client are NOT warrantied or covered by this warranty period.