The following are the terms and conditions pursuant to which RB's

Computer Service shall provide Customer with computer services.

I. Services

 

1.1 Customer retains RB's Computer Service to perform, or cause to be performed, services for Customer as described on this agreement ("Services''). RB's Computer Service may decline to perform any services requested by Customer that are in violation of any applicable law or other obligation or that are not typically associated with the Services.

 

1.2 From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may share certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of others and ourselves. We may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

 

II. Customer's Obligations

 

2.1 Customer agrees to pay RB's Computer Service the fees specified prior to service. Customer agrees that if the scope of services change, RB's Computer Service may adjust its charges accordingly. Payment is due upon the execution of this agreement by Customer. In the event any additional sum of money owed by Customer under this agreement is not paid when due and remains unpaid for thirty (30) days after its due date, RB's Computer Service may add a service charge equal to the lesser of 1 1/2% per month of the past due amount of the highest rate allowed by law.

 

2.2 CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DATA OR INFORMATION STORED IN OR ON ANY EQUIPMENT AND SHALL BE SOLELY RESPONSIBLE FOR MAKING "BACK-UP" OR SECURITY COPIES OF SUCH DATA OR INFORMATION.

 

III. Term and Termination

3.1 The term of this agreement will extend from the date specified on the front of this agreement to the completion of the service requested, unless terminated as provided herein. RB's Computer Service shall have the right to terminate this agreement, with or without cause, upon notice to the other party. In the event RB's Computer Service terminates this agreement pursuant to this paragraph, a pro-rate fund, less fees and expenses incurred or accrued through the effective date of termination, will be paid to Customer. RB's Computer Service shall not be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting from any cause beyond RB's Computer Service control.

IV. Limitations and Warranty

 

4.1 LIMITATION OF LIABILITY - RB'S COMPUTER SERVICE'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES FROM ANY CAUSE WHATSOEVER, WHETHER CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF RB'S COMPUTER SERVICE, OR ANY EMPLOYEE, REPRESENTATIVE, AGENT OR CONTRACTOR OF RB'S COMPUTER SERVICE, AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO AMOUNTS ACTUALLY PAID BY CUSTOMER FOR REPAIRS OR SERVICES HEREUNDER. In no event will RB's Computer Service be liable for damages caused by Customer's acts, omissions or negligence, for non-performance due to causes beyond RB's Computer Service's reasonable control, or for special, incidental, indirect, punitive or consequential damages, lost profits, personal injury to any individual, property damage, loss of use of equipment, loss of stored memory or data, cost of substitute equipment or other related costs even if RB's Computer Service has been advised of the possibility of such damages or costs, or for any claim against, Customer by any third party. The foregoing limitation shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.

 

V. Entire Agreement

 

5.1 This agreement, including attachment(s) hereto, constitutes the entire agreement of the parties regarding the subject matter hereof, and supersedes all prior agreements and understand- ings, both written and oral, among the parties, or any of them, with respect to the subject matter hereof.

 

5.2 This agreement may not be added to, modified, superseded or otherwise altered except by a written instrument signed by an authorized representative or officer of each party, RB's Computer Service representatives (including management personnel, employees, and agents) have no authority to waive

 

 

or amend this agreement, or any part of it, and no authority to make promises, representations, or agreements that impose duties or obligations on RB's Computer Service unless in writing.

 

5.3 If any provision of this agreement is held to be illegal, invalid or unenforceable, such provision will be fully severable and this agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance.

 

5.4 This agreement shall be governed by the laws (but not the rules governing conflict of laws) of the State of Minnesota.

 

VI. LIMITATIONS OF LIABILITY

 

1) Customer ("you") assume all risk of loss of data from any and all causes or in any way related to or resulting from the sales, repair or service of products by RB's Computer Service. You release RB's Computer Service from any claim or liability related to any loss of data for any reason whatsoever, including due to any negligence of RB's Computer Service. You agree that you are fully responsible for backing up all existing data before repairing or servicing hardware, and RB's Computer Service will have no liability for any reason whatsoever if you do not do so.

 

2) RB's Computer Service will not be responsible for items left over 30 days from the date of RB's Computer Service notice to you.

 

3) Unless otherwise noted, services are performed on a first-come, first-serve basis.

 

4) Most manufacturer warranties only cover hardware related repairs. Be sure you understand the terms & conditions or any warranties on your product(s) and the limitations of those warranties.

 

Notice to Customer: Please read important information above. Your electronic acceptance indicates that you have read and understand the Limitations of Liability and the other terms in this Agreement, and accept and agree to be bound by all of them.