Digital Fitness Networks, LLC.
Terms and Conditions of Service
By accepting service from Digital Fitness Networks, LLC. you are acknowledging that you have read and understand these terms and conditions and agree to all these terms below.
YOU AGREE TO THESE REPAIR TERMS AND CONDITIONS OF SERVICE AND ALL APPLICABLE SERVICE AND DIAGNOTIC FEES.
(1.) You have requested service from Digital Fitness Networks, LLC., hereafter referred to as “Digital Fitness Networks, LLC.” will diagnose and service your computer for an applicable fee as described in Paragraph 2 below.
(2.) Services and Diagnostic Fee – Digital Fitness Networks, LLC. will attempt to determine any system, operational or hardware issues your computer may be having in-house, diagnose the cause(s) and complete a written estimate of issues and resolutions to those issues your computer is experiencing for an applicable fee of $65.00 per hour. In House Labor – Our hourly bench rate is 65.00 per hour. Onsite we charge an hourly rate depending on the complexity and involvement of the assignment. We will also provide you with a written estimate prior to performing any services upon request. Our onsite networking fee is $ 150.00 per hour (2 hour minimum charge applies to all onsite business service calls) in most cases, if for some reason it is different, you will be informed in advance and provided with an explanation of any additional charges as well. Travel time is billed at $ 55.00 per hour from our facility to yours. Any parts that may be necessary for the related repairs or upgrades completed will be at additional cost to the customer. Sometimes a successful repair is not possible due to problems with your computer or its configuration. In these situations we may be unable to complete the necessary services or resolve the problem to complete the repair of your computer and/or digital technology. In these cases Digital Fitness Networks, LLC. is not liable for incomplete repairs and applicable services and diagnostic fees will remain due to Digital Fitness Networks, LLC.
(3.) Payment – Once service is complete, payment in full for the actual costs incurred and the final sum owed is due upon completion. Onsite visits are payable in advance for the minimum time period. Should it be determined in the course of the performance of diagnostics that the problems on your computer are hardware based, Digital Fitness Networks, LLC. will notify you of same and you may take or send the hardware to a repair station of your choice or to Digital Fitness Networks, LLC., for service on the hardware; diagnostic fees still apply as explained in Paragraph 2. No adequate estimate of that expense can be determined without actually testing and running full diagnostics on the hardware. All new clients are required to pay 100% of the total fees payable in advance of the services commencing. When payment is received by Credit or Debit card, a 4.00% credit card surcharge is assessed for processing fees levied by our merchant services provider.
(4.) Non-Cancellation – Once an on-site engagement is scheduled by the client, our policy is to assess the client a minimum on-site service fee of $ 300.00 ($150.00 per hour x 2 hours) in the case that the engagement is not cancelled at least 24 hours prior to the agreed engagement appointment time. If one of Digital Fitness Networks, LLC’s employees or representatives arrive on-site and are unable to begin the requested service for any reason such as the office is inaccessible, etc., the client is liable for this minimum engagement charge. If cancellation of the engagement is performed within 0 to 24 hours prior to the scheduled engagement, the client will be responsible for a $ 50.00 cancellation fee as long as the appointment is cancelled before we reach the on-site engagement location. If the engagement is cancelled 48 or more hours in advance, there will be no charge for this cancellation.
(5.) Transfer or Installation Services – Unless otherwise agreed, Digital Fitness Networks, LLC. is not liable for and you agree to hold Digital Fitness Networks, LLC. and owner Douglas Kleim, harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of Digital Fitness Networks, LLC’s services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize Digital Fitness Networks, LLC. to transfer the information and accept such terms on your behalf in performing the service.
(6.) Warranty – In servicing your computer, Digital Fitness Networks, LLC. warrants that service will be performed in a professional and timely manner. All services with the exception of virus removal, spyware, adware or malware are warranted for a period of 30 days “at the discretion of Digital Fitness Networks, LLC.” upon rechecking computer in question.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY DIGITAL FITNESS NETWORKS, LLC AND DOUGLAS KLEIM.
DIGITAL FITNESS NETWORKS, LLC. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF DIGITAL FITNESS NETWORKS, LLC CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
(7.) Limitation of Liability – IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, DIGITAL FITNESS NETWORKS, LLC. HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. DIGITAL FITNESS NETWORKS, LLC’S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO DIGITAL FITNESS NETWORKS, LLC’S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY DIGITAL FITNESS NETWORKS, LLC. FOR SUCH SERVICE. DIGITAL FITNESS NETWORKS, LLC. HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. DIGITAL FITNESS NETWORKS, LLC. EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST DIGITAL FITNESS NETWORKS, LLC. IN AN AMOUNT NOT TO EXCEED WHAT WAS PAID TO DIGITAL FITNESS NETWORKS, LLC. FOR THE SERVICE.
(8.) Data Protection – You agree and understand that it is your (the customer’s) responsibility to maintain copies of ALL data on your computer, and to obtain such copies prior to authorizing DIGITAL FITNESS NETWORKS, LLC to commence its services for you.
(9.) Disputes – This agreement shall be construed under the laws of the State of Florida. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. • Any and all binding arbitration proceedings shall be undertaken as “fast track” proceedings and shall only be commenced in Pinellas County, Florida. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Florida. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto. By signing (customer) agree that you have made a backup copy of all data on your computer and that this is your responsibility. DIGITAL FITNESS NETWORKS, LLC. staff, partners or affiliates are not responsible for lost, missing, unrecoverable or damaged data.
Customer agrees that they are of legal age, able to legally enter into a contract and agree and accept service from DIGITAL FITNESS NETWORKS, LLC. By signing I will accept service from DIGITAL FITNESS NETWORKS, LLC. and acknowledging that I have read and understand these terms and conditions of service and agree to all these terms.
Customer Name:_____________________________________
Customer Signature:___________________________________
Date:_____________________________________________