Terms and Conditions

Terms and Conditions

Please read all these terms and conditions.

As we can accept your Order for Services or Products and make a legally enforceable agreement without further reference to you, you must read these terms and conditions.

Application

  1. These Terms and Conditions will apply to the purchase of products and/or services by you (the Customer or you).
  2. These are the terms on which we sell products and/or services to you. By ordering any products and/or services, you agree to be bound by these Terms and Conditions. You can only purchase the products and/or services from RSM Computers if you are eligible to enter into a contract.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Services;
  3. Durable Medium means email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  4. Order for Services or Products means Your payment for an Order for Services or Products offered by us, in Order for Services or Products to receive Services from RSM Computers as submitted following the step by step process set out on the Website;
  5. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  6. Services mean the products and services advertised on the Website, of the number and description set out in the Order for Services or Products;
  7. Website means our website https://rsmcomputers.net on which the Services are advertised.

Products and Services

  1. The description of any product or services is as set out on the Website, or in the form of advertisement.
  2. All product or services offerings which appear on the Website are subject to availability and are offered under different Order for Services or Products.
  3. We can make changes to service offerings or products which are necessary to comply with any applicable law or business requirement.

Customer responsibilities

  1. You must co-operate with us in all matters relating to the service offerings or products.
  2. Provide us and our authorized employees and representatives with access to your computers, phone or other property.
  3. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Product Pricing and Availability

  1. Due to the fast-changing nature of our business, prices and availability are subject to change without notice. If an error is made and a product or service is listed at an incorrect price, RSM Computers shall maintain the right to refund or cancel orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, RSM Computers shall immediately issue a credit in the amount of the incorrect price. We reserve the right to limit quantities on promotional products.

Basis of Sale

  1. The description of the Products and Services on our website does not constitute a contractual offer to sell products or services. When an Order for Services or Products has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. A Contract will be formed for each Order for Services or Products, only when you receive an email from us confirming the Order for Services or Products. You must ensure that the Order is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order for Services or Products placed by you. By placing an Order for Services or Products you agree to us giving you confirmation of the Contract by means of an email with all information in it.
  3. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 3 days from its date unless we expressly withdraw it at an earlier time.
  4. No variation of the Contract, whether about the description of product or services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by You and RSM Computers in writing.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you.
  6. We are not liable under for any consequential or incidental damages arising from shipping delays, system downtime, loss of data or for any loss, damage or expense arising from product malfunction or defect (including, without limitation). We expressly disclaim all warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose. This disclaimer in no way affects the terms of any applicable manufacturer’s warranty if any.

Order Acceptance Policy

  1. With the receipt of an electronic order confirmation, RSM Computers does not constitute the acceptance of an order or as a confirmation of an offer to sell. RSM Computers reserves the right, without prior notification, to limit the order quantity on any item. In order to protect your interests, all orders placed over $200.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our Credit & Fraud Department. Additional verification of information may be required prior to the acceptance of any order. RSM Computers reserves the right to do business with any individual or business.

Billing and Payment

  1. On-site (customer’s site) computer repair and servicing will be billed at $100.00 per hour plus parts. The hourly rate will be billed in subsequent 15 minutes periods (rounded up to the next 15-minute increment) after the 1st hour.
  2. Off-site (pick up and drop off) repairs and services are charged a flat fee rate – including parts and labor which will be quoted prior to job completion.
  3. Remote services will be billed at $100.00 per hour and will be discounted or prorated accordingly. Remote services will be quoted prior to job completion.
  4. An estimate of the cost for work will be provided before performing computer services/repairs. Estimates are not guaranteed. If the cost increases because of unforeseen circumstances, we will secure your authorization before we continue to work.
  5. All Remote Repair services must be paid before work is started.
  6. The fees (Fees) for the Products and Services, and any additional delivery or other charges is that set out on the Website at the date we accept the Order for Services or Products or such other price as we may agree in writing.
  7. RSM Computers accepts Master Card, Visa, Discover and American Express, cash, and company checks in U.S. Dollars only. You must pay by submitting your credit or debit card details with your Order for Services or Products and we can take payment immediately or otherwise before delivery of product or services.

Delivery

  1. RSM Computers will provide the timeline for each delivery schedule for each service order.

Repairs and Servicing

  1. You agree to let RSM Computers, make repairs to or service your computer. We will only perform and provide computer services, repairs, and upgrades requested. We will conduct honest, reasonably priced, and expert services. Our goal is to provide the highest quality of service and support, but specific results cannot be guaranteed.
  2. There may be circumstances under which your computer cannot be repaired and may need to be rebuilt or upgraded. Examples: Age of PC, repair/replacement parts obsolete (memory (RAM), motherboards, computer processor, etc.)
  3. The length of time required to service/repair your computer cannot be predetermined.
  4. When you contract with us for a service or repair, you understand that in the process of working on your computer equipment, there is a potential for data loss. You agree that you have made the necessary steps to back up your data so that, in the event of such loss, the data can be restored. We will not be responsible for data loss, nor will we be responsible for restoring lost data. We, at customer’s request, can back up your data for a fee. However, we will not be responsible for any data loss incurred in the data back-up/restoration process.
  5. You hereinafter authorize the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services. All software will be deleted or uninstalled upon completion of the service if requested by the Customer.

Right to Cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 3 days after placing an Order. Any refunds for orders are only provided at the discretion of RSM Computers.
  2. For any cancellation requests, where a service is supplied (being part of the Service), you shall pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract.
  3. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for the supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Warranty

  1. RSM Computers is committed to customer satisfaction, and as a result of the industry standard imposing a no-return restriction on us, we are therefore obligated to adhere to the following return policy. Given these return restrictions, all purchases are final, unless the product is defective. Defective products are exchanged or repaired at RSM Computers at its discretion within 10 days from receipt (no refunds or credit).
  2. All products are covered by the manufacturer’s warranty against defects. If warranty is not specified, the item has been sold on an “AS IS” basis with no warranty, expressed or implied. RSM Computers will strictly enforce cancellation of warranty rights for removal of any warning sticker stating either “Warranty void if removed,” “warranty void if label is removed or tampered with”, or any white identification sticker placed on merchandise. Refurbished products shall not have any warranties, and RSM Computers shall not grant any refunds for any refurbished product.
  3. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination, and suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. The parties shall agree to provide 30 days written notice for the termination.
  3. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension for circumstance which includes but is not limited to serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice.
  4. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. RSM Computers shall not be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    • the party will advise the other party as soon as reasonably practicable; and
    • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

  1. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
    • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    • we will only Process Personal Data for the purposes identified;
    • we will respect your rights in relation to your Personal Data; and
    • we will implement technical and organizational measures to ensure your Personal Data is secure.
  2. For any inquiries or complaints regarding data privacy, you can contact RSM Computers’s support at the following e-mail address: support@rsmcomputers.net.

Excluding liability

  1. RSM Computers shall not be held liable for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of RSM Computers’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying products or services wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and Arbitration

  1. The Contract (including any non-contractual matters) is governed by the law of the State of California.
  2. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. Information about the American Arbitration Association, and how to commence arbitration before it, is available at adr.org or by calling 1-800-778-7879. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators, in turn, shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties or otherwise mutually agreed upon by the parties.
  3. All documents and information in the possession of each party that is in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.
  4. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory Order for Services or Products and restraint Order for Services or Products in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Class Action Waiver

ANY OF THE ABOVE ARBITRATION PROCEEDINGS SHALL BE RESOLVED ON A SOLELY INDIVIDUAL BASIS. YOU SHALL NOT SEEK TO HAVE ANY DISPUTE AGAINST RSM COMPUTERS RESOLVED UNDER A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING WHERE YOU OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING AGAINST RSM COMPUTERS SHALL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING.

Effective as of January 1, 2020

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