Terms&Conditions
Effective Fri, July 1, 2025. These Terms & Conditions supersede and replace all prior versions.
Performance of Services:
My Computer Guy LLC (henceforth known as “MCG”) shall provide the services outline above. Fees shall be subject to change by MCG upon notice to Client. Any fee estimates provided for work to be billed on an hourly or daily basis are for informational purposes only; Client agrees to pay for the actual services provided by MCG at the specified rate.
Fees & Payment:
Client agrees to pay all invoices on receipt. All payments shall be made in U.S. dollars and are due on Client’s receipt of the invoice. MCG may bill in advance for any recurring service. MCG may additionally bill in advance for any applicable hardware purchases. Client shall be responsible for all taxes, withholdings, duties and levies arising from materials and services provided (excluding taxes based on the net income of MCG). MCG shall have the right to suspend service if Client has failed to pay any invoice within thirty (30) days of receipt.
Limited Warranty:
(a) MCG warrants for a period of thirty (30) days following delivery (the “Warranty Period”) that all services will be performed in a professional manner in accordance with generally applicable industry standards. MCG’s sole liability (and Client’s exclusive remedy) for any breach of this warranty shall be for MCG to re-perform any deficient services, or, if MCG is unable to remedy such deficiency within thirty (30) days, to void the invoice or portion thereof for the deficient service(s). MCG shall have no obligation with respect to a warranty claim: (i) if notified of such claim after the Warranty Period or (ii) if the claim is the result of third-party hardware or software, the actions of Client or some other party or is otherwise caused by factors outside the reasonable control of MCG.
LIMITATION OF LIABILITY:
MCG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE CLIENT OR ANY THIRD PARTY INCURS), WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF MCG HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH LIABILITIES. MCG IS NOT RESPONSIBLE FOR PROBLEMS THAT OCCUR AS A RESULT OF THE USE OF ANY THIRD-PARTY SOFTWARE OR HARDWARE. IN NO EVENT WILL THE AMOUNT CLIENT MAY RECOVER UNDER THIS INVOICE EXCEED THE TOTAL PAYMENTS MADE TO MCG BY CLIENT PURSUANT TO THIS INVOICE IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF MCG.
Confidential and Proprietary Information:
Each party agrees that all know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Except as may be necessary to perform its obligations under this Invoice, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party ’s nondisclosure obligation shall not apply to information that: (i) was known to it prior to receipt of the Confidential Information; (ii) is publicly available; (iii) is rightfully obtained by the Receiving Party from a third party; (iv) is independently developed by employees of the Receiving Party; or (v) is required to be disclosed pursuant to a regulation, law or court order. Any templates, schematics, processes or technical documentation provided by MCG shall be deemed Confidential Information and proprietary information of MCG without any marking or further designation. Client may use such information solely for its own internal business purposes. MCG shall maintain the confidentiality of information in its possession regarding individual protected health information in accordance with applicable law, and shall not release such information, to any other person or entity, except as required by law.
Independent Contractor:
The parties to this Invoice are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
Waiver and Severability:
Waiver or failure by either party to exercise in any respect any right provided for in the Invoice will not be deemed a waiver of any further right under this Invoice. If any provision of this Invoice is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Invoice will continue in full force and effect.
Force Majeure:
Neither party shall be liable to the other for any delay or failure to perform any obligation under this Invoice (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as strikes, blockade, war, terrorism, riots, natural disasters, and/or refusal of license by the government, insofar as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
Term and Termination:
This Agreement shall become effective (if applicable) on the date first set forth above (the “Effective Date”) and shall continue in effect from year to year thereafter as the parties may mutually agree; provided that either party may terminate this Agreement by giving the other party notice in writing specifying the date of such termination, which shall be not less than 60 days after the date of receipt of such notice.