Every visit provided to our customers is covered under these terms of service. Special circumstances may require that a different set of service terms be used and in those cases the customer will be notified. A signature from the customer is required prior to the start of service and at the end to confirm a successful providing of a solution. Any questions a customer may have is freely answered at anytime before, during, or after an visit. We welcome any and all input for our customer's solutions are are happy to yield to them.

ALL USE OF SERVICES PROVIDED BY DIGITALCTRL IS SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE POLICIES, AGREEMENTS, AND INSTRUCTIONS FOR THE USE OF THE DIGITIALCTRL SERVICES ARE HEREBY INCORPORATED HEREIN.

The digitalctrl technician/employee will hereby be referred collectively as "the Expert." The digitalctrl company is referred simply as "digitalctrl."

Payment

• All payments are expected to be collected at the end of the service call. Upon completion of the service, the Expert will explain to the customer what work has been performed as well as demonstrate that the solution originally requested by the customer has been provided in full. The Expert will then calculate the total payment due based on an hourly fee and/or a fixed service rate (when applicable).
• Only cash and checks can be accepted at this current time. We are currently unable to process orders with credit cards.
• If a solution can not be met on-site and requires the Expert to make a follow-up visit, the customer is expected to make payment for the initial service call as calculated by the Expert. An hourly rate or fixed service fee will be assessed for completion of the return site visit. Customer is expected to make payment for this return visit when all items have been returned to them.
• If the Expert discovers an unforeseen technology issue which requires additional time and fees to solve, and the customer declines the repairs, payment for the service call is expected as calculated by the Expert using the hourly fee rate or the fixed service rate (when applicable). e) There will be a $25 fee charged for any returned check.

Service Limitations & Availability

digitalctrl reserves the right to charge additional fees for certain services that a customer may require or request above and beyond the initial service call. digitalctrl will, at its sole discretion, determine these additional services and fees.

Services selected for or by a customer may not be available at all times. digitalctrl nor its subsidiaries, affiliates, or partners may at any time and without notice or liability restrict the availability of service or its time of availability to perform scheduled or unscheduled maintenance. Whenever required, it is the responsibility of the customer to maintain Internet connectivity to allow for adequate service levels. digitalctrl will, at its sole discretion, determine adequate service levels.

Repair Warranties

• There are no warranties for computer repair that involves software issues, virus problems, and/or spyware issues. Upon the completion of a service, the Expert will demonstrate to the customer that the reported issue has been solved at which time a repair summary form will be signed by the customer acknowledging that the issue has been addressed and solved. Any subsequent calls regarding software, virus, and/or spyware related issues will be assessed and charged as a new service call.
• Any hardware repair service carries a 14 day warranty courtesy of digitalctrl. Furthermore, the individual hardware components carry their own warranty from the manufacturer. Defective hardware will be re-installed by digitalctrl when a replacement from the manufacturer is received.
• Networking and hardware installations and/or upgrades come with a 14 day warranty. During this period, digitalctrl will first attempt to troubleshoot an issue via telephone with the customer. If the issue can not be resolved accordingly via the telephone, the Expert will be dispatched to the service site to resolve the issue free of charge. After this 14 day period, the Expert will be dispatched and the hourly fee rate or fixed service rate will be applied and due at the end of the service call.
• In the event that the Expert is unable to determine a solution or solve an issue, there will be no fees associated with the service call. This provision does not include instances where the Expert is aware of the problem but is unable to solve it on-site during the initial house call.
• At no time shall digitalctrl provide nor imply any other warranty or guarantee of any kind for any other service or product provided by digitalctrl or a third-party.

Scope of Support

In the event that the Expert performs a service call but a solution can not be reached because the issue is outside the scope of our support and needs to be handled by the computer manufacturer, an outside vendor, or another provider a service call fee or hourly rate payment is still required. The Expert will attempt to contact the company/vendor/person who will handle and/or escalate the issue. This provision includes but is not limited to (i) dealing with Internet Connection problems where it is determined that the cause of the problem is not the computer but a networking component supported by the Internet service provider, (ii) licensed software or hardware issues that must be handled by the computer or product manufacturer if the product is under warranty, (iii) any other 3rd party specialized software/hardware not listed above.

Limitation On Liability

IN NO EVENT SHALL DIGITALCTRL, ITS SUBSIDIARIES, AFFILIATES, OR PARTNERS BE LIABLE TO ANY PERSON OR ENTITITY FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR ANY OTHER SIMILAR DAMAGES OR ANY DAMAGES RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE OR SOFTWARE DAMAGE WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS OR SERVICES AVAILABLE FROM DIGITALCTRL, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY DIGITALCTRL.

Force Majeure

In the event that delivery of Services by digitalctrl is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; power outages, technical equipment failures, or any other cause beyond the reasonable control of digitalctrl, then digitalctrl shall be excused from such delivery to the extent that it is delayed or prevented by such cause.

Right of Refusal

digitalctrl reserves the right to refuse, suspend, or terminate any of its services to any customer or customer at its sole discretion, without notice. Reasons for refusing service may include, but are not limited to: using computer systems fraudulently, illegally, or propagating libelous or otherwise defamatory, obscene, pornographic, abusive, harassing, or threatening material.

Backing up Data

BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO SERVICE PERFORMED ON YOUR HOME OR BUSINESS COMPUTER. DIGITALCTRL AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, OR FILES.

This agreement shall be construed under the laws of the State of Michigan. 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 Oakland County, Michigan. 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 Michigan. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.