HiWAAY: Information/Internet Services

HiWAAY Computer Clinic Terms and Conditions

HiWAAY Computer Services, dba HiWAAY Internet Services, ("HiWAAY") will remove viruses, worms, trojan horses and spyware (malware) that are detected by the software tools it uses for this purpose. I, the customer ("I", "me", "my", "you", or "your"), understand and agree that because of the rapid evolving nature of these threats, it is not possible to guarantee 100% removal of all viruses, worms, trojan horses and spyware installed on a computer.

I understand that my computer must have protective software installed on it to help prevent future malware infections. This software includes, but is not limited to, antivirus, firewall, spyware scanners and operating system patches and updates. I further understand that this software does not guarantee 100% protection from future malware infections. I understand and agree that HiWAAY and HiWAAY authorized agents shall not be liable under any circumstances for any malware infections or any effects of those infections that occur after my computer is released from the HiWAAY Computer Clinic.

I understand and agree that prior to delivering my computer to HiWAAY for servicing it is my responsibility: (1) To back up the data, software, information or other files stored on my computer disk drives or any other included electronic storage device; and (2) to remove all CDs, floppy disks, DVDs, Zip disks or other media from my computer. I agree that neither HiWAAY nor any of its authorized agents shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files, CDs, floppy disks, DVDs or other media or hardware.

I understand and agree that a non-refundable assessment fee equal to one hour of labor is required on all work. I agree to pay up to, but not to exceed, the minimum approval amount stated on the service order. I understand HiWAAY will notify me for approval of all repairs that will exceed the minimum approval amount stated on the service order before my service is begun. If HiWAAY is unable to receive my approval to exceed the original estimate, the computer will not be serviced and I will pay the minimum agreed upon assessment fee. I understand that if I choose to not have HiWAAY perform the agreed upon services for my computer, I will pay the assessment fee. I understand that any outstanding balance is due upon completion of the service.

I understand and agree that HiWAAY technicians may install software required to remove viruses, worms, trojan horses and spyware (malware) from my computer. Charges for these software products may apply to the services I have requested and I must refer to the terms and conditions of the individual software manufacturer warranties for further liability and warranty information pertaining to those products.

I understand and agree that HiWAAY technicians may access files, information and/or other data on my computer.

I understand that if I choose to have HiWAAY reinstall my computer's operating system, it is my responsibility to provide HiWAAY with the original restore or install media including that for the operating system, device drivers and any other software that originally shipped with my computer. HiWAAY will not reinstall without the original licensed media. I understand that a system reinstall will remove all existing data and software and HiWAAY will make no backups of any data on my computer, nor will HiWAAY install any software other than that included on the original restore/install disks. HiWAAY will not install drivers for any hardware not supported by the original restore/install disks unless I provide HiWAAY with media containing those drivers.

I understand and agree that the services provided by HiWAAY Computer Services are provided "as is" and "as available." NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED IS MADE IN RELATION TO THESE SERVICES. TO THE EXTENT PERMITTED BY LAW, HIWAAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER, EVEN IF HIWAAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Unless I have purchased the Data Backup Service, HiWAAY will NOT back up any data, software, information and/or files on my computer. Because malware can damage data, software, information and/or files on my computer, I understand that performing the service of removing malware may result in data loss on my computer and I understand and agree that HiWAAY and HiWAAY authorized agents shall not be liable under any circumstances for any data loss or corruption.

When service of my computer is complete, HiWAAY will attempt to notify me to pick up my computer. I understand that this form or the claim ticket stub must be presented when picking up my computer. HiWAAY is not responsible for any computer not picked up within 30 days of when the service was completed. In the event that the computer is not picked up within 30 days of the date the service was completed, HiWAAY will dispose of the computer by any means or method it may choose at its sole discretion. HiWAAY cannot guarantee the confidentiality of any information that may remain on unclaimed electronic storage devices, including hard drives and other computer storage devices. I understand and agree that in the event I fail to pick up my computer within 30 days of the services being completed, I thereby waive and release all claims against HiWAAY.

By authorizing services, I represent and warrant that these services shall not violate any applicable law, breach any contract right/obligation, or infringe upon the intellectual property rights of any third party. This statement constitutes the entire agreement between you and HiWAAY and any oral representations made by any party shall have no force or effect unless otherwise stated herein.

I have read or had the opportunity to read the above and agree to all conditions.