Terms & Conditions
Terms & Conditions of Install Heroes Service
1. General. a) In Home Service. (“Install Heroes”) will dispatch a computer service technician (a “Technician’) or consumer electronics installer (an “Installer’) (either such party shall generally be referred to as the “Professional”) to provide the personal computer services (“PC Services”) or product installation services (“Installation Services”) described on the front of this Work Order (the “Services”). The Professional dispatched to Your home may be an independent contractor (a “Contractor”) of Install Heroes. For purposes of this Work Order. “You” and “Your” shall refer to You as the purchaser of the Services and owner of the computer and peripherals to be serviced or the consumer electronics products to be installed and/or setup. b) In Store. A Technician will work on your computer at the Install Heroes technician bench. Your sales receipt, together with this Work Order, shall collectively constitute the entire Agreement (the ‘Agreement’) between the parties related to the Services.
2. Scheduling Service. If Service will be performed in Your home, Your appointment time (‘Appointment’) will be scheduled in the store at the time You purchase the Services, in person at your location, or by calling 865-264-0006. Appointments are typically scheduled to occur between 9:00 a.m. and 7:00 p.m., Sunday through Saturday. You may request expedited Service or Service outside of these standard Service hours for an additional fee. Install Heroes will not be responsible for delays or failures in performing the Services that are caused by acts of nature, acts of any government, failure of transportation, accidents, riots, war, terrorist threat or action, work stoppages or strikes, or, in general, other causes beyond Install Heroes’ control.
3. Professional’s Responsibilities. Professional will complete the Services in a workmanlike manner. Professional will not start, perform, alter or finish the Services except in accordance with applicable law. Professional will either not start, or will immediately discontinue, the Services upon discovery of unforeseen hazardous conditions at Your Service address. Neither Install Heroes nor the Contractor will attempt to re-mediate conditions. Neither Install Heroes nor Contractor will modify security systems in order to accommodate the performance of the Services.
4. Your Responsibilities. You agree to pay Install Heroes, Inc. according to the terms and conditions of this agreement. You agree to have present an adult, age eighteen (18) or older, with the authority to make decisions about Your Services, and no unattended minors while Professional is working in Your home. You agree to control and keep pets away from the Professional’s work area. If Your residence is subject to any easements, covenants, or other legal encumbrances that could affect the Services, You agree to inform the Professional about the before the Services are performed. As applicable, You agree to facilitate the location of utility lines and identifying property lines. You agree to ensure that the Professionals work area is free of preexisting physical or environmental hazards and building/zoning code violations. You agree to provide the Professional with access to work areas during the Appointment time. You agree not to interfere with the Professional’s provision of the Services. You agree to provide the Professional with a power source and easy access to computers, consumer electronics components and any other peripherals necessary for Professional to perform the Services, and access to install wires and/or connections, as necessary. You agree not to assign or transfer this Agreement and to make any claims against Install Heroes within thirty (30) calender days of the date You first become aware of a problem arising out of Services. It applicable, You will ensure that the networking conditions of Service are met in advance of the appointment1. IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA ‘I’HAT IS STORED ON YOUR COMPUTER’S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE, IN ADVANCE OF PERMITTING A TECHNCIAN TO PERFORM SERVICES ON YOUR PERSONAL COMPUTER OR PERSONAL COMPUTER NETWORK. NEITHER INSTALL HEROES NOR ANY OF ITS THIRD PARTY SERVICE PROVIDERS SHALL BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES. YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH THE DELIVERY OF THE PRODUCTS OR THE PROVISION OF THE SERVICES. If the Professional arrives at the scheduled Appointment time and determines that any or all of the conditions set forth above are not being met, then Professional may cancel the Appointment.
5. Representations. By signing this Work Order and permitting the Professional to perform the agreed Services to be performed in Your home, You represent and warrant that You are the rightful owner of the property in or on which the Services are to be performed. If You are a lessee, You further represent and warrant that You have obtained any and all consents necessary to perform the Services in the residence where the Services are to be performed. If Your residence is governed by a homeowners association, You further represent and warrant that Install Heroes’ performance of the Services will not violate any covenants or restrictions contained in the associations covenants, rules or restrictions. If You have purchased PC Services, You represent and warrant that You are the owner of the computer(s) to be serviced, and have current, valid licenses or otherwise have sufficient rights to all software and code resident on any computer(s) subject to Service and/or all software to be installed by the Professional(s) as part of the Services and at the time of Service. You also represent and warrant that You have the appropriate subscriptions with Internet Service Providers (“ISP”). You agree to indemnify and hold Install Heroes and any Contractor harmless against any claims, damages or losses arising out of breach of the foregoing representations and warranties. If You have purchased software or operating system installation Services, Your purchase indicates Your authorization of Install Heroes to serve as your proxy and accept on Your behalf “click through” End User License Agreements that are encountered and must be accepted as part of the installation process.
6. Levels of Service; Alterations to Property. The specific level of Service to be provided by Professional included shall be indicated on the reverse side of this Work Order. Certain Services may require drilling holes in walls, securing wiring to baseboards, and similar alterations to Your property. Neither Install Heroes nor any Contractor shall be held responsible for any property damage relating to the incidental alterations necessary to provide the Services. In the case of PC Services, You are advised of the following: a) wiring or other connections between computers or peripherals may be limited by wall access, building construction and physical proximity; b) wiring will typically be laid room to room through walls or along baseboards and the Professional shall make reasonable efforts to conceal it. In the case of Installation Services, the degree to which wiring is concealed is based on the specific package of Installation Service You purchased. In either case, neither Install Heroes nor its Contractor makes any representations or warranties regarding the resulting configuration or concealment of any wiring.
7. Service Limitations; Additional Charges. Desired installations that would require the installation or relocation of electrical outlets or other permanent power sources (“Major Electrical Work”) is outside the scope of the Services and will require the Services of a licensed electrician. Install Heroes may facilitate the procurement of a licensed and insured electrician to complete the Service. Install Heroes is not liable or responsible for, nor does it warranty, the work performed by the electrician. If You purchased a preliminary installation service survey (a “Site Survey”) and a Professional identified the need for Major Electrical Work to be completed before the desired Service can be rendered, you will receive the appropriate Site Survey credit upon contracting for and scheduling the Service. If You did not purchase a Site Survey and the Professional identifies the need for Major Electrical Work to be completed, Your appointment will be deemed to have been canceled and Install Heroes may, at its discretion, charge a cancellation fee or Site Survey fee. Installations requiring or involving the following activities are not included in the fee charged for Services and, to the extent that they can be performed will be done at an additional charge: custom-built home entertainment centers, exterior walls, wiring areas with inadequate areas to conceal wiring: wall fishing of electrical wires, movement of furniture and/or furniture assembly; multiple rooms, and rooms greater than 20′ by 20′ in area, In the event that You wish Install Heroes or the Contractor to perform the aforementioned activities, excluding Major Electrical Work (the “Ancillary Services”) in connection with the Services, You will be provided a written statement of the cost of the Ancillary Services to be performed (the “Ancillary Fee”). If the Professional is an employee of Install Heroes, the Ancillary Fee should be made payable to Install Heroes. and the Ancillary Services will be provided subject to these terms and conditions. If the Professional is a Contractor, the Ancillary Fee will be set by and should be made payable to the Contractor. The Ancillary Services will be performed subject to the Contractors terms and conditions of Service. In either event, the Ancillary Fee must be paid in advance of the Professionals commencement of the Ancillary Services. Notwithstanding the foregoing, if You purchased a Site Survey in connection with Your purchase of the Installation Services, the Ancillary Fee You are charged will not exceed ten percent (10%) of the original Service fee You were quoted, Data back·up service provided by a Technician, at Your request. prior to commencing work on a personal computer shall be charged at the published prices and shall not be considered an “Ancillary Service” within the meaning of these Terms.
8. Confidentiality of Information. You acknowledge and agree that in the course of providing Services, the Professional may access tiles, information and/or other data on Your computer(s) or other product(s). Professional(s) agrees to use reasonable efforts to keep any and all personal data and information on Your computer(s) confidential; however, You acknowledge and agree that neither Install Heroes nor the Professional(s) warrant or otherwise guarantee the confidentiality of any such personal data and information on Your computer(s) or other product(s). Further, You acknowledge and agree to the disclosure of information where such disclosure is required in order for Install Heroes to comply with valid legal processes (e.g.,: subpoenas. Warrants), or when Install Heroes believes in good faith that the disclosure is required to prevent harm or injury (e.g.: product recalls, fraud, or other events), or as otherwise required by law.
9. Warranties; Limitation of Liability. Subject to these Terms and Conditions, Install Heroes’ Services will be performed in a good and workmanlike manner. Workmanship of PC Services is warranted for thirty (30) days after their completion. commencing at 12:01 a.m. on the date they were completed. Workmanship of Installation Services is warranted for one (1) year after service is completed, commencing at 12:01 a.m. on the date they were completed. Neither workmanship warranty creates an obligation for Install Heroes to correct problems caused by defective products or Customer modifications of the completed Installation set-up (example: movement or set-up or addition of more components by Customer) or to assist Customer in the additional calibration of installation settings beyond initial set-up or to conceal wires beyond the scope of wire concealment to which Customer was originally entitled under the relevant Work Order. No warranty is made hereunder for the hardware, software, or consumer electronic products associated with the Services, including without limitation hardware or software and products, purchased at a Install Heroes store. Products purchased at Install Heroes stores shall be covered by the terms of any manufacturers warranties or extended service plans offered by Install Heroes and purchased by You. No other warranties, expressed or implied, are made hereunder relating to the Services, To the extent permitted by applicable law, the liability of Install Heroes and the Professional(s) shall be limited to the total Service fee paid to Install Heroes for the Services performed by the Professional(s). IN NO EVENT WILL INSTALL HEROES OR THE PROFESSIONAL(S) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR RELIANCE DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO. ANY DELAY IN RENDERING SERVICE, LOSS OF DATA, LOSS OF USE, PUNITIVE DAMAGES, LOSS OF PROFITS, OR COMMERCIAL LOSS.
10. Cancellation/Refunds. Services performed for You by the Professional are non-refundable after performed. Hardware, software, or products purchased and associated with the Services that were purchased at Install Heroes may be returned to Install Heroes for refund subject to Install Heroes’ return policies. Should You request assistance from Install Heroes to dismount or detach a product that You wish to return to Install Heroes. You will be charged a service fee of no less than one hundred dollars ($100).
11. Governing Law. Unless otherwise governed by applicable state law, the Agreement represented by Your sales receipt and this Work Order shall be interpreted and enforced in accordance with the laws of the State of Tennessee.
12. Questions or Concerns. You should communicate with the Professional(s) and/or Your store regarding routine matters such as scheduling, changes to Your Services, or any initial concerns about Your order or the Service You are receiving. Questions or concerns should be directed to (865)264-0006. If You are seeking reimbursement for damage allegedly caused by a Professional, be prepared to present photographs of the damage and the estimates of the cost to repair it. 1 In-Home Networking Conditions: i) all computers connected to the network must have a minimum Operating System of Windows 2000 or higher, 10MB of hard drive space available, and 512MB of available memory. The minimum CPU speed without Broadband – 100mHz, with Broadband – 233mHz.; ii) all passwords for operating systems and/or Internet Service Providers (ISP) must be available to the Technician at time of Service; iii) the Operating System Disk, Restore CD or currently installed Operating System CD, along with the Key Code, must be available to the Technician at the time of arrival; iv) all computers to be networked must be virus-free and all peripherals connected must be in good working condition; and v) all broadband connections (including connections from the modem to the main computer) must be installed and in operation.