TERMS OF SERVICE AND CONDITIONS

These terms govern the provision of any computer support services ("Services") provided by Alhambra Computer Services.

Alhambra Computer Services provides you with access to and use of the Services subject to your compliance with the Terms. Alhambra Computer Services reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that you are at least 18 years old; you have the right, capacity and authorization necessary to legally bind yourself to the Terms.

AUTHORIZATION TO ACCESS YOUR COMPUTER

You acknowledge that by your use of the Services you are authorizing Alhambra Computer Services to access and control your computer for the purposes of computer diagnosis, service and repair.

In connection with delivering the services Alhambra Computer Services may download and use software, gather system data, take control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant Alhambra Computer Services the right to connect to your computer, download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.

Alhambra Computer Services may need to download and or run software on your personal computer to help diagnose and resolve your personal technology problem. Alhambra Computer Services may need to reinstall software that was included as part of your computer's original configuration.

Install software (accepting End User License Agreements on my behalf), utilize remote access and or send my equipment to a vendor or a third party service which may be out of state, in order to complete the service on my equipment.

You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software.

WARRANTY
LABOR: 30 Days Labor
PARTS: Provided by vendor/manufacturer.

ESTIMATES

ďAn estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by the service dealer in writing, and the service dealer may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, the service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento 95814Ē

QUOTES

Any verbal quote given by Alhambra Computer Services is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be repaired at that price.

Any written quote will be provided by Alhambra Computer Services at that price. All written quotes are valid for only 7 days. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, no work will commence without explicit client approval.

LEGAL RIGHTS

The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to Alhambra Computer Services. You must be the owner, or have the permission of the owner, for us to work on your equipment. We will only take instructions for work from the designated owner.

If equipment is left with Alhambra Computer Services and is not collected within sixty (60) days after we notify you that the requested service is complete, we will treat your equipment as abandoned and becomes the sole property of Alhambra Computer Services. You agree to hold Alhambra Computer Services harmless for any damage or claim for the abandoned property, which we may discard at our sole discretion. Any and all charges are still your responsibility.

BACKUP SERVICES & POTENTIAL DATA LOSS

While Alhambra Computer Services will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing Alhambra Computer Services to perform diagnostic, repair, or other services 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 if you so desire. You acknowledge and agree that Alhambra Computer Services and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, date or files.

If you do not have a backup of your software and data, we can provide you with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.

CONFIDENTIALITY

Alhambra Computer Services agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client's equipment except to employees or agents of Alhambra Computer Services subject to confidentiality agreements or as required by law.

UPGRADES

Alhambra Computer Services can supply manufacturer specific upgrades or spare parts on request. Please note however that we cannot guarantee compatibility with your current system or configuration. Alhambra Computer Services will offer suggestions and advice on upgrades but is not liable for any compatibility issues.

PAYMENT TERMS

All work must be paid in full upon completion of service. If an amount remains delinquent 14 days after its issue date, an additional 5% penalty will be added for each week of delinquency or the maximum permitted by law. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

ACKNOWLEDGMENT OF EXISTING CONDITIONS

Client acknowledges the the equipment/data/media may be damaged prior to Alhambra Computer Service's receipt, and Client further acknowledges that the efforts of Alhambra Computer Services to complete the Engagement may result in the destruction of or further damages to the equipment/data/media. Alhambra Computer Services is not responsible for additional damage or destruction that may occur to Client's equipment/data/media during Alhambra Computer Service's efforts to complete the Engagement. It is Client's responsibility to back up data or information that may be stored on the equipment/data/media.

LIMITED LIABILITY

Alhambra Computer Services shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.

In no event will Alhambra Computer Services be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Alhambra Computer Services has been advised of the possibility of damages or loss to persons or property. Alhambra Computer Services liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.

The client and Alhambra Computer Services agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Alhambra Computer Services's option, additional attempts by Alhambra Computer Services to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of Alhambra Computer Services services would be much greater if Alhambra Computer Services undertook more extensive liability.

The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Alhambra Computer Services, and assumes any and all known risks of injury and property damage that may results.

In no event will Alhambra Computer Services by liable for any indirect damages whatsoever. To the extent permitted by law, the total liability of Alhambra Computer Services to Client under this Agreement shall in no event exceed the total sums paid by the Client to Alhambra Computer Services.

CLIENT WAIVERS

Waive any claims regarding physical damage of my equipment if I do not report them at the time of pickup/delivery.

Waive any consequential or incidental damages against Alhambra Computer Services that occur as of result of this service.

DATA

PRIOR TO DELIVERING MY PRODUCT TO ALHAMBRA COMPUTER SERVICES FOR SERVICE IT IS MY RESPONSIBILITY (1) TO BACKUP DATA ON IT (2) REMOVE ALL MEDIA AND STORED CONTENT FROM MY PRODUCT.

WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS, WHETHER OR NOT I HAVE REQUESTED ALHAMBRA COMPUTER SERVICES TO BACK UP MY DATA, AGAINST ALHAMBRA COMPUTER SERVICES AS UNDER NO CIRCUMSTANCES SHALL THEY BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOSS OF ANY MEDIA FROM MY PRODUCT.

DATA RECOVERY

You agree to pay the estimated price per hard drive if 100% of your data is recovered or if what specifically was requested was recovered. If less than 100%, you have the choice to pay the estimated quoted price for the recovered data, or nothing for no data.

Authorization

By submitting your media for recovery, Customer agrees to the terms and conditions described below. This Agreement, together with any exhibits or attachments, constitutes the entire Agreement between the parties in relation to this subject matter, and is admissible in any court and/or for any lawful purpose. Approval of this Agreement is legally binding.
Consent and Agreement
1.    Customer authorizes Alhambra Computer Services to conduct data recovery via third-parties or Alhambra Computer Services.
2.    Given that the media received by Alhambra Computer Services may already be experiencing condition(s) that cause media malfunction and/or unreadable data, Alhambra Computer Services or third-parties are not responsible for any further damage to the media that may occur during the data recovery process.
3.    While Alhambra Computer Services or third-parties promise to exhaust all efforts in recovering data from the media sent to us, we do not guarantee that every recovery attempt is successful.
4.    A quote will be provided prior to the action of data recovery. No work will be performed without the Customerís explicit approval.
5.    Charges for a fully successful data recovery are based on time and effort spent on recovery process, not on quantity of data recovered. Customer is to verify their recovered data at checkout as no refunds will be issued once the data leaves our premises.
i.    If data is 100% recovered but Customer wants only a portion of the data, the full price will still be charged.

ii.    If we can only recover a portion of the pertinent data, Customer can choose to accept or decline the data. If accepted, charge is based on the percentage of the recovered data, not the size of data being picked up.

iii.    If we cannot recover any pertinent data, there will be no charge.

6.    If Alhambra Computer Services is able to show any data recovered after receiving Customerís approval but Customer declines service completion due to any reason, there will be a $300 charge to Customer to cover our data recovery efforts.
7.    Media opened up during data recovery procedures and tested with data recovery tools may void all manufacturer warranties.
8.    Customer is to choose the type of devices to receive recovered data. CDs and DVDs do not incur additional charges. CD and DVD media are not covered under any warranty. Data is only provided to the customer in CDís or DVDís if the data recovered is less than 4.7GB. If the recovered data is greater than the 4.7GB, the customer must provide media of equal or greater size of the content recovered.
9.    Recovered data will be deleted from Alhambra Computer Services or third-parties systems two weeks after the data is delivered to Customer, unless notified otherwise.
10.    Payment is due in full before recovered data can be shipped or picked up, unless special arrangements have been made prior to recovery.
11.    Customer is responsible for the cost of shipping their media to Alhambra Computer Services or third-parties. Alhambra Computer Services or third-parties will pay for the cost of standard return shipping. For expedited shipping or other shipping and handling costs, Customer is responsible for the additional costs incurred.
12.    Alhambra Computer Services or third-parties will make every effort in contacting Customer for data and original media pickup. Any unclaimed property left with Alhambra Computer Services or third-parties for over 30 calendar days after the completion of service will be completely destroyed without Customer's consent. Alhambra Computer Services or third-parties shall have no further liabilities to Customer.
13.    All terms of this agreement are subject to change at any time according to Alhambra Computer Services or third-parties discretion. Customer will be notified upon any changes in our terms and conditions within 30 calendar days after the completion of service.
Confidentiality

All recovered data and customer information are confidential. Customer or representative of customer is the legal owner of the media and all data contained in the media. "Confidential information" is defined as data and information relating to the business operation and individual privacy. Alhambra Computer Services or third-parties respects your privacy and agrees not to disclose any and all information or data files supplied with, stored on, or recovered from customer media except to employees or technicians of Alhambra Computer Services or third-parties.

Security

Alhambra Computer Services or third-parties ensures the security of recovered data stored in our system by taking all reasonable and prudent steps necessary to protect Customer's information. While no security measure is foolproof, we believe that we have implemented a system that is as safe as today's technology permits. Since we realize the importance of protecting your data and privacy, we will continue to evaluate new technologies and make improvements as these technologies become feasible. All media is safely stored in lockers which are only accessible by our recovery engineers and staff.

Upon in-store pickup, Customer or their Representative needs to show the work order before receiving media/data.

Limited Liability and Indemnification
1.    With regard to the data recovery services to be performed by Alhambra Computer Services or third-parties pursuant to the terms of this agreement, Alhambra Computer Services or third-parties shall not be liable for any claims regarding the physical functioning of the media and/or the condition and/or existence of data stored on the media supplied.
2.    Alhambra Computer Services or third-parties shall not be liable for loss of Customer's media and data contained in the media due to theft, hate crimes, terrorism acts, fire, acts of God, or natural disasters of any kind. Alhambra Computer Services or third-parties replacement liability shall be limited to providing the customer with blank media similar to Customerís media with comparable capacity.
3.    To the maximum extent permitted by applicable law, in no event shall Alhambra Computer Services or third-parties be liable for any direct, indirect, punitive, incidental, special, consequential damages to the media, loss of data and loss of revenue or profits before, during or after the data recovery services herein provided by Alhambra Computer Services or third-parties.
4.    Customer is aware of the inherent risks of damage to media that is involved when undergoing the data recovery process, including, but not limited to, risks due to destruction or damage to the media and/or data stored arise from opening up media and/or parts exchange, or inaccurate or incomplete data recovery including those that may result from the negligence of Alhambra Computer Services or third-parties, and/or inability to recover all data from a media. Customer shall assume responsibility for any and all known property damage that may result.
5.    Due to the nature of electronic devices and data recovery business, some "URGENT" recovery services may take longer than expected. Alhambra Computer Services or third-parties only provides approximation of delivery timeframe and is unable to guarantee delivery time for "URGENT" requests. "URGENT" only means that Alhambra Computer Services or third-parties agrees to put this request as a top priority.
6.    Alhambra Computer Services or third-parties liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
7.    Alhambra Computer Services or third-parties shall not be liable to Customer or to any person or entity that may claim any right due to their relationship with Customer, for any acts or omissions in the performance of said services on the part of Alhambra Computer Services or third-parties except when said acts or omissions of Alhambra Computer Services or third-parties are due to the sole negligence or willful misconduct by Alhambra Computer Services or third-parties.
8.    Customer agrees to indemnify and hold Alhambra Computer Services or third-parties and its officers, agents, and employees, harmless from all active and/or passive liability, loss, damage, claims, suits and actions of every type arising out of Alhambra Computer Services or third-parties performance of this contract for any actual or alleged personal injury, death, property loss, violation of patent right, or any other damage sustained or claimed to have been sustained by any person, corporation or legal entity, including employees of Customer.
9.    Customer's agreement to indemnify and hold Alhambra Computer Services or third-parties harmless includes but is not limited to all attorneys' fees and incidental loss incurred by Alhambra Computer Services or third-parties or its officers, agents or employees as a result of any such claim, suit or action.
10.    Upon Alhambra Computer Services or third-parties demand to defend every such claim, suit, or action brought or made against Alhambra Computer Services or third-parties, or its officers, agents, or employees, Customer shall pay all costs, expenses, attorney's fees, and incidental loss and any other damage attributable to such defense, whether or not such defense is actually undertaken by Customer.
11.    If Alhambra Computer Services or third-parties brings any suit, action or cross-complaint to compel performance of the indemnification and hold harmless provisions of this contract, Customer shall pay to Alhambra Computer Services or third-parties the reasonable attorney's fees incurred by Alhambra Computer Services or third-parties, in addition to Alhambra Computer Services or third-parties costs of suit and the amount of any judgment obtained by Alhambra Computer Services or third-parties as a result of such suit, action, or cross-complaint.
12.    DISPUTE RESOLUTION AND JURISDICTION: Both Customer and Alhambra Computer Services or third-parties shall endeavor to meet and confer to resolve any dispute or difference arising from this Agreement by mutual discussion. In the event both parties are unable to resolve a dispute, the parties shall seek Mediation, Arbitration, and court proceedings in Sacramento County if necessary. This Agreement shall be governed by the laws of the State of California.

This Agreement constitutes the entire Agreement between the parties in relation to this subject matter, and is admissible in any court and/or for any lawful purpose. Approval of this Agreement through e-mail and by selecting the ďAgreeĒ button via online submission from our website shall also be legally binding.


ON-LINE TECH SUPPORT AND MAINTENANCE

A missed scheduled maintenance by the end user cannot be extended into another month unless agreed upon. You agree that the maintenance fee only covers remote maintenance work and does not include parts or travel fees. You agree that the amount of virus removals will be at our discretion.

Please note that the following are not covered under this Service:
Hardware  failure;   hardware  repair or replacement

MODIFICATIONS TO TERMS OF SERVICE AND SERVICE

Alhambra Computer Services may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, Alhambra Computer Services wiII post them to alhambracomputersives.com. Alhambra Computer Services reserves the right to modify or discontinue services with or without notice to the Customer. Alhambra Computer Services shall not be liable to Customer or any third party  should Alhambra Computer Services exercise its right to modify or discontinue the Service. Customer's continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

OTHER

Alhambra Computer Services is not responsible for unavailability of parts/services or delays of parts shipments.

Due to the type of service requested some repairs may be sublet.

Alhambra Computer Services is authorized to deliver the equipment described herein to any person presenting this receipt.

Alhambra Computer Services may request my user name and user password for my product to perform the requested work. I will change my password after I pick-up my product.

For estimates, please call or text (626) 217-2349. Visits by appointment only. Business hours listed at YELP. Residential business location: 612 E. Ross Ave. Alhambra CA 91801. A.C.S. is located between Almansor and Hidalgo Ave. along the 10 Freeway just south of Big Lots. Established in 2005. Se Habla espaŮol.