Terms of Service

 

This agreement shall be governed by and construed in accordance with the laws of the State of California.

By accessing and using this website, you accept and agree to be bound by the terms and provision of our Terms of Service (TOS). In addition, when using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

StormND Simple IT Co. reserves the right to refuse service to anyone for any reason.  If the partnership is terminated at any point by either party, the client will be billed for any work that has been done up to that point in time and reimbursed for all charges that may have been paid to StormND Simple IT Co. for work that has not yet been completed.

 

Discounts

 

The application of any and all discounts are at the sole discretion of StormND Simple IT Co. personnel.  

 

Hours

 

StormND Simple IT Co. does not currently maintain office hours in a brick-and-mortar storefront.  StormND Simple IT guarantees that at least 90% of the time, communications to us will be responded to within 24 hours or less, Monday – Friday 8AM to 6PM excluding Federal and State Holidays.  On-site appointments are made based on the availability of technicians.

StormND Simple IT Co. celebrates all Federal and State Holidays and will not be available for scheduling on those days. Some of these holidays are:

  • New Year’s Day (January 1).
  • Birthday of Martin Luther King, Jr. (Third Monday in January).
  • Washington’s Birthday (Third Monday in February).
  • Memorial Day (Last Monday in May).
  • Independence Day (July 4).
  • Labor Day (First Monday in September).
  • Columbus Day (Second Monday in October).
  • Veterans Day (November 11).
  • Thanksgiving Day (Fourth Thursday in November).
  • Christmas Day (December 25).

Any work that is required after-hours can be priced out based on availability.

 

Services

 

If pricing for any product or service is not listed here, the quote or estimate provided by StormND Simple IT Co. will determine pricing.

All Invoices (Individual and Business) are due within 30 days of Invoice date.  If it is paid after that date, you will incur 1.5% interest each month after the initial 30 days the invoice remains unpaid.  Any services not listed here can be quoted out by StormND Simple IT Co.. 

Please contact Sales@StormND.com for business pricing.  Business pricing is determined by the quote provided before beginning work and our standard hourly rate of $135/hour. 

Prices are subject to change with no notice.

For services exceeding $500 in cost, a 50% deposit is required up-front.

 

Travel

 

Travel may be required for some services.  The travel fee is calculated by travel time from the technician leaving the South Salinas office to the location that the work is going to be completed.  The rate for travel while driving, regardless of vehicle used is $35/hour and is charged at a minimum of one hour.

 

Agreements and Bundles

 

Please contact Sales@StormND.com for Business agreement pricing.

Bundles include specific services that will be outline on that Bundles’ specific page found at StormND.com.  Prices are subject to change with no notice.

 

Liability

 

StormND Simple IT Co. shall not be in default under this Agreement because of any failure to perform in accordance with its terms and conditions if such failure arises from causes beyond its control, including, but not restricted to, acts of God, acts of government, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, inability to secure raw materials or transportation facilities, acts or omissions of carriers, or any and all causes beyond control of StormND Simple IT Co..

The stated warranties and the commitments set forth herein are in lieu of all other obligations or liabilities on the part of StormND Simple IT Co. for damages or other relief, including, but not limited to, special, indirect or consequential damages that in any way arise out of or in connection with the use and/or the performance of any hardware or software.

StormND Simple IT Co. shall not be responsible for damages caused by (i) accidents, misuse, misapplication, or neglect of Client or any of its agents or employees or as result of Service by any person other than a StormND Simple IT Co. representative; (ii) placement or operation of computer products in an area that does not comply with manufacturer’s published space or environmental requirements; or (iii) improper storage, use, and movement of any computer products to be Serviced.

Internet/Transmission Disclaimer. StormND Simple IT Co. does not and cannot control the flow of data over the Internet or the integrity of the Internet (the global system of interconnected computer networks). Therefore, StormND Simple IT Co. disclaims all liability for loss of data, corruption of data, or inability to provide Services, as a result of disruptions, slowdowns, breakdowns, or other technical issues affecting the Internet.

 

Severability

 

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and unenforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Client Representations

 

By using any of StormND Simple IT Co.’s services, you represent and warrant to StormND Simple IT Co. that you have the right to authorize StormND Simple IT Co. to repair and/or Service all items of computer products, hardware or software, which are or become subject to this Agreement.

 

Subcontracting

 

StormND Simple IT Co. may subcontract for on-site Services provided to Client.  Such subcontracting will not release StormND Simple IT Co. from any of its obligations in this Agreement.

 

Attorneys’ Fees

 

The prevailing party in any litigation shall be entitled to recover its reasonable attorneys’ fees and related costs.

 

Venues and Jurisdiction

 

Client hereby agrees that any litigation, action or proceeding arising out of or relating

to this Agreement be instituted in a state or federal court in the city and state of Salinas, California, waives any objection which it might have now or hereafter to venue of any such litigation, action or proceeding, irrevocably submits to the jurisdiction of any court in such litigation, action or proceeding, and hereby waives any claim or defense to inconvenient form.

 

Modifications

 

This Agreement can only be modified by a written Agreement duly signed by authorized representatives of StormND Simple IT Co. and the client, and variances from or in addition to the terms and conditions of this Agreement in any order or other writing from the client will be of no effect.

 

Privacy

 

StormND Simple IT Co. does not maintain any personal information outside of subscription status and contact information on each client to allow for smooth communication when needed.  Any and all data collected by StormND Simple IT Co. related to a customer will not be shared with any third-party except when necessary in order to complete a request from a user (Example: In order to complete an order, StormND Simple IT Co. may use customer contact information and address to place the order and have it shipped directly the client).  StormND Simple IT Co. will take every precaution when handling client information.

All payment information is handled by third-party companies and will not pass through any site or webpage owned by StormND Simple IT Co..

 

Warranties and Disclaimers

 

StormND Simple IT Co. makes no warranties of any kind, expressed or implied on its’ own regarding the functionality of hardware or software, but instead relies on the warranties provided by the manufacturer of each product.

 

Headings and Interpretations

 

The headings of the Sections of this Agreement are intended solely for convenience or reference, and shall be given no effect in the construction or interpretation of this Agreement. The use of the masculine pronoun herein shall, where the context so indicates, be deemed to include the feminine and the neuter and vice versa, and the use of the singular shall be deemed to include the plural and vice versa.

 

 

 

*All prices are subject to change.

**StormND Simple IT Co. is based out of Salinas, California and is limited to a 30-mile radius as a service area, unless the work can be done remotely.  Any service requests outside of this area can be considered, but is not guaranteed unless explicitly agreed to by a StormND Simple IT Co. representative.