Updated: 9/25/2022

DISCLAIMER

1.0 By requesting, authorizing, purchasing, or receiving services from Coldwell Communications, the customer agrees to the following Terms of Service.

1.1 Coldwell Communications will perform computer, technology, networking, and related services as requested by the customer. While every reasonable effort will be made to provide professional, competent, and timely service, no guarantee is made regarding specific outcomes, compatibility, performance improvements, or the successful resolution of any issue.

1.2 Computer service and repair are provided on a best-effort basis. Certain equipment may be impossible or impractical to repair due to age, condition, manufacturer limitations, software issues, parts availability, obsolescence, or other circumstances beyond our control.

1.3 The time required to diagnose, service, repair, recover data from, configure, or otherwise work on equipment cannot be guaranteed or accurately predicted.

1.4 The customer acknowledges that computer repair, maintenance, software installation, upgrades, hardware replacement, data recovery, and related services involve an inherent risk of data loss, corruption, or system instability. The customer is solely responsible for maintaining current backups of all data. Coldwell Communications shall not be liable for any loss, corruption, or recovery failure of customer data.

1.5 The customer authorizes Coldwell Communications to install, remove, modify, update, configure, or temporarily utilize software, utilities, drivers, antivirus tools, remote support software, operating system components, and other applications necessary to perform requested services.

BILLING TERMS

2.1 Labor charges are billed in one-hour increments and are subject to a minimum one-hour charge unless otherwise specified in writing.

2.2 An estimate may be provided prior to commencing work. All estimates are provided in good faith and are not guarantees of final cost.

2.3 If unforeseen circumstances arise that materially increase the estimated cost of work, reasonable efforts will be made to contact the customer for authorization before proceeding.

2.4 If the customer cannot be reached, work may be suspended until authorization is obtained. Coldwell Communications shall not be responsible for delays resulting from an inability to contact the customer.

PAYMENT TERMS

3.1 Full payment is due upon completion of services unless otherwise agreed to in writing.

3.2 Special-order hardware, software, licenses, subscriptions, deposits, and non-stock items must be paid in advance.

3.3 Coldwell Communications accepts cash, checks, and major credit cards.

3.4 Coldwell Communications reserves the right to withhold equipment, passwords, configuration information, backup media, completed work, and other deliverables until all outstanding balances have been paid in full.

LIABILITY

4.1 Services are provided solely for the purpose of diagnosing, repairing, upgrading, configuring, securing, recovering, maintaining, or otherwise servicing customer equipment and technology systems.

4.2 Coldwell Communications will exercise reasonable care while servicing customer equipment. However, the customer acknowledges that electronic equipment may fail due to age, condition, hidden defects, prior damage, software issues, manufacturer defects, or circumstances beyond our control.

4.3 The customer agrees to release, indemnify, defend, and hold harmless Coldwell Communications, its owners, employees, contractors, affiliates, and representatives from any claims, damages, losses, expenses, costs, attorney fees, or liabilities arising from services performed, except in cases of willful misconduct.

4.4 Coldwell Communications shall not be liable for data loss, software corruption, hardware failure, lost profits, business interruption, loss of use, consequential damages, incidental damages, indirect damages, special damages, or punitive damages arising from services rendered.

SUPPORT

5.1 Customer satisfaction is a primary goal of Coldwell Communications.

5.2 Services will be performed in a professional and reasonable manner based upon the information available and the circumstances existing at the time service is provided.

5.3 At the sole discretion of Coldwell Communications, complimentary follow-up support may be provided for issues directly related to the original service request within fourteen (14) days of service completion. Any issues reported after fourteen (14) days may be subject to standard service charges.

REPAIRS & SERVICE GUARANTEE

6.1 Labor related to completed services and repairs is guaranteed for fourteen (14) days from the completion date listed on the service order. This guarantee applies only to the original reported issue and does not cover new problems, subsequent infections, user-caused issues, software installations, configuration changes, hardware failures, environmental factors, third-party actions, or unrelated issues occurring after service completion.

6.2 If Coldwell Communications determines that a repair or service was incorrectly diagnosed or improperly performed, corrective labor may be provided at no additional charge, up to a maximum labor value of one hundred twenty dollars ($120.00). Replacement parts, software, licensing, shipping, and other associated costs remain the responsibility of the customer.

ESTIMATES

7.1 Diagnostic evaluations and repair estimates are generally provided at no charge unless otherwise disclosed prior to service.

BACKUP OF DATA

8.1 The customer is solely responsible for maintaining current backups of all files, programs, settings, and data.

8.2 At the customer’s request, Coldwell Communications may perform a temporary backup of selected data. Such backups are provided on a best-effort basis only and no guarantee is made that all requested files or data will be successfully copied, recovered, or retained.

8.3 Unless otherwise agreed to in writing, temporary backups, recovery images, cloned drives, transfer media, storage devices, and backup data maintained by Coldwell Communications may be deleted, erased, reformatted, reused, or otherwise disposed of upon completion of services or thirty (30) days after service completion, whichever occurs first.

8.4 Windows operating system files, application files, program folders, system configurations, encrypted data, cloud-based data, and software installations may not be included in backup services unless specifically requested in writing.

8.5 Coldwell Communications shall not be responsible for missing, inaccessible, corrupted, encrypted, unrecoverable, or lost data.

8.6 Coldwell Communications assumes no responsibility for the content, legality, ownership, or integrity of customer data.

EQUIPMENT / HARDWARE / INSTALLATION WARRANTY

9.1 Hardware and equipment sold by Coldwell Communications may be covered by manufacturer warranties ranging from seven (7) days to one (1) year or longer, depending on the manufacturer and product.

9.2 Warranty coverage is limited to manufacturer defects and failures that meet the warranty requirements established by the manufacturer.

9.3 Warranty claims may be processed through Coldwell Communications, the manufacturer, or both, depending upon manufacturer requirements.

9.4 Warranty claims may be denied if the product shows evidence of misuse, abuse, neglect, accidental damage, unauthorized modification, environmental damage, improper installation, or other exclusions imposed by the manufacturer.

9.5 Warranty claim processing, diagnostics, shipping, handling, installation, removal, and related labor may be billable at the discretion of Coldwell Communications.

9.6 Installation labor is warranted for thirty (30) days from the date of installation.

9.7 Coldwell Communications does not provide independent warranties on hardware, software, subscriptions, or third-party products unless expressly stated in writing.

HARDWARE INSTALLATIONS / SERVICES / REFUNDS

10.1 At its sole discretion, Coldwell Communications may provide a fourteen (14) day refund period on selected products and services.

10.2 Certain products and services are non-refundable once installed, configured, activated, delivered, customized, or otherwise rendered. Examples include, but are not limited to, display assemblies, mobile device repairs, software licenses, subscriptions, labor charges, special-order items, and custom installations.

10.3 Coldwell Communications reserves the right to charge a restocking fee of up to fifty percent (50%) of the purchase price for returned items.

10.4 After fourteen (14) days, all sales, labor, services, subscriptions, and transactions are final.

CUSTOMER PROPERTY AND UNCLAIMED ITEMS

11.1 Customers are responsible for retrieving all equipment, accessories, removable media, storage devices, backup media, documentation, peripherals, passwords, and other property associated with services performed by Coldwell Communications.

11.2 Coldwell Communications will make reasonable efforts to notify customers when equipment, data, backup media, or other property is available for pickup, return, or delivery.

11.3 Customers are responsible for maintaining communication regarding the return, pickup, delivery, transfer, or recovery of equipment, accessories, storage devices, backup media, transferred data, and other property. Regardless of which party initiated the most recent communication, customers must contact Coldwell Communications regarding unresolved property matters within thirty (30) days. Failure to do so shall constitute abandonment of the matter and relieve Coldwell Communications of any obligation to continue retention, delivery attempts, safeguarding, or preservation of associated property.

11.4 If no communication is received from the customer within thirty (30) days of the most recent communication, Coldwell Communications may consider the matter closed and shall have no obligation to continue storage, retention, delivery attempts, safeguarding, or preservation of any associated equipment, accessories, storage devices, backup media, transferred data, or other property. Coldwell Communications shall not be liable for any loss, damage, disposal, misplacement, unavailability, or destruction of such items occurring thereafter.

11.5 Customers are responsible for inspecting and verifying receipt of all equipment, accessories, storage devices, backup media, removable media, flash drives, external drives, USB devices, wireless receivers, cables, adapters, and other items at the time of pickup, delivery, or return.

11.6 Any claim regarding missing equipment, accessories, storage devices, removable media, backup media, flash drives, USB devices, wireless receivers, peripherals, cables, adapters, transferred data, or other property must be reported to Coldwell Communications within fourteen (14) days of pickup, delivery, shipment, or return of equipment. After fourteen (14) days, Coldwell Communications shall not be responsible for any missing, misplaced, damaged, lost, abandoned, or unclaimed items.

11.7 Any equipment, accessories, storage devices, backup media, removable media, peripherals, documentation, or other customer property remaining in the possession of Coldwell Communications for more than thirty (30) days after notification of completion, attempted delivery, reasonable efforts to contact the customer, or the customer’s failure to communicate as described in Sections 11.3 and 11.4, shall be considered abandoned property.

11.8 Coldwell Communications reserves the right to store, erase, reformat, recycle, destroy, donate, repurpose, sell, or otherwise dispose of abandoned property without further notice to the customer. The customer releases and holds harmless Coldwell Communications from any claims arising from the disposition of abandoned property.

11.9 Coldwell Communications shall not be liable for the loss, destruction, corruption, theft, unauthorized access, deterioration, disposal, or unavailability of any abandoned, unclaimed, unreported, or customer-neglected property after the expiration of the applicable fourteen (14) day or thirty (30) day periods described herein.

WEBSITE AND ONLINE SERVICES

12.1 Coldwell Communications makes reasonable efforts to maintain its website, customer portals, online services, forms, and digital resources for public use. However, availability, accessibility, functionality, compatibility, and performance are not guaranteed.

12.2 Website content is provided for general informational and reference purposes only. While Coldwell Communications makes reasonable efforts to keep information accurate and up to date, no warranty or guarantee is made regarding the accuracy, completeness, timeliness, availability, suitability, or reliability of any information published on the website.

12.3 Coldwell Communications does not guarantee that its website, online services, customer portals, or digital resources will be available at all times, operate without interruption, function on all devices, browsers, operating systems, or assistive technologies, or be free from errors.

12.4 While Coldwell Communications strives to make its website and online services accessible and user-friendly for all visitors, compatibility and accessibility may vary depending on the user’s device, software, browser, internet connection, settings, or individual circumstances.

12.5 Coldwell Communications shall not be liable for any loss, damages, inability to access services, business interruption, data loss, inconvenience, reliance upon website content, errors, omissions, outdated information, broken links, third-party content, or other claims arising from the use of, inability to use, or temporary unavailability of its website, customer portals, online services, forms, or digital resources.

12.6 Customers experiencing difficulties accessing online resources are encouraged to contact Coldwell Communications directly by telephone, email, or other available communication methods for assistance.

GENERAL PROVISIONS

13.1 Coldwell Communications reserves the right to modify, amend, update, or replace these Terms of Service at any time without prior notice.

13.2 If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 These Terms of Service constitute the entire agreement between the customer and Coldwell Communications regarding services provided unless otherwise agreed to in writing.