Terms and Condition 2017-05-04T08:40:14+00:00

TERMS AND CONDITIONS

DATA BACKUP:

Our data backup services may be able to recover data files that have been created by you. We cannot be responsible for data loss / files that may be corrupted and or destroyed by viruses / spywares / hardware failure and or computer/equipment malfunction. We cannot back up the software programs that have been installed in your computer. For example, if you had Microsoft Office, Quicken, or Microsoft works installed in your computer, you will need the original disks to load these programs back into your computer. Unless noted is an optional service backing up systems.

DATA RECOVERY:

If you contracted services with the data recovery lab, we do offer consultation to look further into your data, if you need further assistance once data has been discovered. Behavior Design X charges for the time spent in data recovery. If more time is needed, Customer has the option to hire Behavior Design X for more work and or consulting. All time hours of labor perform and time spent consulting will be charged accordingly at normal service rates. Sometimes more work may be needed to recover files. If Customer does not find the files that Customer was looking for, a consultant can be hired to assist in finding any files. 2nd or 3rd level data recovery is also available. Please consult with Behavior Design X about current rates on these services.

PICKUP AND DELIVERY:

If you contact services for PC’s or servers that are brought to our facility, we require that you either pick them up or have them delivered to you within one(1) to three(3) days of repair completion or diagnostics. Once the diagnostics/service is completed we will notify you by phone. If you do not arrange for delivery or pickup of your PC, we will charge you a $5.00 per day storage fee. After a period of one (1) month we will not be responsible for your personal computer. In case of no payment, we do have the right to sell your PC to cover the repair charges. We do charge a delivery fee for the delivery of your computer to your home or office. Minimum diagnostics and estimate time is three (3) to eight (8) business days.

GOVERNING LAW AND EQUITABLE RELIEF:

This Agreement shall be governed and construed in accordance with the laws of the United States. All actions and legal proceedings, which relate in any way to this Agreement shall be solely and exclusively brought, heard, conducted, prosecuted, tried, and determined within the City of Sacramento, Sacramento County, California. It is the express intention of the Customer and Recipient that the exclusive venue of all legal actions and procedures of any nature whatsoever which relate in any way to this Agreement shall be either at the District Court Department or the Trial Court of Sacramento, California. The parties agree to waive their right to a trial by jury. The Customer consents to said courts having personal jurisdiction over the Customer in any action based on this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient, Customer may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Customer against any such breach or threatened breach..

FINAL AGREEMENT AND CONFLICT WITH FUTURE AGREEMENTS:

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
If any term of clause of this Agreement conflicts with any term or clause of any other writing signed by the parties, and the other writing does not explicitly reference and explicitly supersede this Agreement, then the terms of this Agreement shall govern and control the actions and liabilities of the parties.

This Agreement may be modified in the future and publicly stated online.

DO WE USE COOKIES?

Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser, if you allow, that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

THIRD PARTY LINKS:

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

CHILDRENS ONLINE PRIVACY PROTECTION ACT COMPLIANCE:

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.