THESE TERMS OF SERVICE APPLY TO SERVICES ("ON-SITE SERVICE") ORDERED FROM NYC GEEKS OVER THE PHONE OR VIA OUR WEBSITE. THE TERMS OF SERVICE APPLICABLE TO SERVICES ORDERED AT A NYC GEEKS ARE PROVIDED AT THE TIME THE SERVICE IS PURCHASED AND MAY DIFFER FROM THE TERMS STATED HERE.TERMS AND CONDITIONS PAY FOR SUPPORT
(a) Services: NYC Geeks 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 NYC Geeks 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 NYC Geeks shall not be responsible under any circumstance for any loss or corruption of data and/or software.
(a) Scheduling: Standard service hours are Monday-Friday, 9 AM – 6 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.
(b) Service Jurisdiction: NYC Geeks sets the Service Jurisdiction for New York City. If a location lies beyond NYC Geek’s standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the NYC Geeks standard Service Jurisdiction, please contact NYC Geeks for information pertaining to standard Service Jurisdictions and applicable trip charges.
(c) Additional Hardware or Software Install/Service: This service is only available to customers who have already purchased one on-site service and are purchasing this as a second service. Approved services must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.
(d) 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 THE NYC GEEKS TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $50 CANCELLATION CHARGE WILL BE ASSESSED.
(e) BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE NYC GEEKS TECHNICIAN TO YOUR HOME OR BUSINESS. NYC GEEKS SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.
(g) Access: The NYC Geeks 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 THE NYC GEEKS TECHNICIAN 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 $50 CANCELLATION CHARGE WILL BE ASSESSED.
LIMITATIONS TO SERVICE: NYC GEEKS 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 NYC GEEKS.
FORCE MAJEURE: If NYC Geek’s ability to render services is impaired by you or circumstances beyond the control of NYC Geek’s, NYC Geek’s may choose not to provide services.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL NYC GEEKS 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 NYC GEEKS 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 SIGNING THE FORM ON THE OPPOSITE SIDE OF THIS PAGE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS NYC GEEKS AND/OR THE REPRESENTING TECHNICIAN FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU ROR 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 NYC GEEKS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.
To change your order you must contact NYC Geeks online or via telephone.
If you are not satisfied with your service: Please contact NYC Geeks for resolution. We stand behind our Pay for Support services for 5 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.
NYC Geeks Web Hosting Bandwidth and Disk Usage
How much disk space and bandwidth will my plan include?
There are no set limits on the data transfer (bandwidth) that we provide in our hosting plans. We want you to have the resources you need to build a great online presence, and 99.95% of all customers will have more than enough disk space and bandwidth to meet their needs. We do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth in the normal operation of a personal or small business website. Rarely constraints are levied on accounts that use resources beyond what would be expected in the normal operation of a personal or small business website. The disk space and bandwidth you use must be integrated into the normal operation of your website.
NYC Geeks does not warrant that information contained on the site will be accurate, reliable or error free, or that those defects will be corrected. NYC Geeks cannot be held responsible for errors and omissions in the site and reserves the right to modify and correct errors at any time. We do not honor inaccurate or erroneous prices. Our prices are also subject to change without notice. Material on the site may also contain technical inaccuracies or typographical errors (including pricing errors), and may be changed, updated or modified at any time and from time to time without notice; NYC Geeks will not be liable or responsible for any such inaccuracies, errors, changes, or updates. NYC Geeks may in its sole discretion add, delete, or change some or all of its products and services at any time. NYC Geeks has attempted to accurately depict the products offered on the site. However, because the depiction of a product is dependent on your computer monitor, NYC Geeks cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
Use of the site is entirely at your own risk. Except as expressly set forth below or in a written warranty that accompanies a product (and then only with respect to such product), NYC Geeks expressly disclaims all representations and warranties of any kind either express or implied (including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy and availability) regarding the site and any products offered or available through the site. The site and products and information on the site are provided on an 'as is-where is' basis. Neither NYC Geeks nor its subsidiaries, affiliates or any of their respective employees, agents, directors, employees, representatives, shareholders, predecessors, successors, or assigns (collectively, 'affiliates') will be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly from use of the site, the information contained on or transmitted from the site or products available or purchased through the site, or transactions conducted at the site, even if NYC Geeks has been advised of the possibility of such damages or losses. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you. In no event shall the total liability of NYC Geeks or its affiliates arising directly or indirectly from this site or any products available or purchased through the site exceed the lesser of the amount paid by you to NYC Geeks for the single product at issue, or one thousand dollars ($1,000). You hereby acknowledge that all the provisions of this section will apply to all use of the site, the information contained on the site, and products available or purchased through the site, and transactions conducted at the site.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of the State of New York, and you and NYC Geeks (the 'Parties') agree to and consent to the exclusive jurisdiction and venue of the courts in New York, New York. Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in New York, New York, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with New York law: (a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration; (b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.
In order to maximize protection of your information, we use state-of-the-art technology to protect your data from improper use or disclosure, unauthorized access, misuse, or alteration by unauthorized third parties. Currently, we use Secure Sockets Layer (SSL) protocol to protect your data and secure your transactions. SSL encrypts all of your personal information, including your credit card number, name, and address, as it is transmitted over the Internet. Of course, no data transmission over the Internet can be guaranteed to be 100 percent secure, and we do not warrant that your information will be absolutely secure. Any transmission of data on or through the use of our Services is at your own risk. We are not responsible for the privacy practices or the content of any other sites. All of our employees and contractors who have access to, and are associated with the processing of your information, are obliged to respect the confidentiality of your personal data.
Corrections and Changes
You have the ability to correct or change certain information in our records, such as your address and contact information. The process for changing your information is described on our website at www.nycgeeks.com. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you may contact us via www.nycgeeks.com.