Our  Terms  and  Conditions  of  Service

This agreement of Terms and Conditions of Service sets GimmiBYTE, LLC's expectations, responsibilities and liabilities of service.

GimmiBYTE, LLC may change this agreement from time to time by updating this page. Our customers should check this page every time you are requesting our services to ensure that you agree with any changes. If you have any questions regarding our Terms and Conditions of Service, please Contact Us.

This policy is effective as of February 2, 2014 and was last updated on February 10, 2015.

Terms and Conditions of Service includes:

Acceptance of Service
By accepting service from GimmiBYTE, LLC you are acknowledging that you have read and understand these terms and conditions and agree to all the terms below. YOU AGREE TO THESE SERVICE TERMS AND ALL APPLICABLE SERVICE FEES.

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Service Fees
GimmiBYTE, LLC will attempt to diagnose and repair your computer on-site, in-shop or remotely for an applicable fee. 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 GimmiBYTE, LLC is not liable for incomplete repairs and applicable services fees will remain due to GimmiBYTE, LLC.

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Labor Fees
Residential  —  For all residential services, GimmiBYTE, LLC charges a FLAT RATE fee for the first three (3) hours of labor and $60 per hour for each additional hour billed in quarter hour increments. These initial three (3) hours of labor are NON-BILLABLE hours and cannot be credited or "owed" toward future services if service is completed in less time with the exception of services provided that are covered by our 90 Day Limited Warranty at the sole discretion of GimmiBYTE, LLC.

Commercial  —  For all business, government, and educational services, GimmiBYTE, LLC charges an HOURLY RATE of $120 per hour billed in quarter hour increments with a 1 HOUR MINIMUM charge for all ON-SITE services and NO MINIMUM charge for REMOTE diagnostic and repair services.

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Sales Tax
GimmiBYTE, LLC collects New York State and local county sales tax on all service fees and labor charges as well as on parts, devices, appliances, equipment and materials sold by GimmiBYTE, LLC either directly or as part of a repair or installation service.

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Payment
Once service is complete, PAYMENT IN FULL is due for the actual costs incurred and the final sum owed for all service fees, labor charges, parts, peripherals, devices, accessories, materials, shipping charges and sales tax.

Payment can be made to GimmiBYTE, LLC or directly to our on-site technician using one of the following payment methods:

  • Visa
  • MasterCard
  • American Express
  • Discover
  • PayPal
  • Cash
  • Check

Make checks payable to GimmiBYTE, LLC and mail payment to P.O. Box 93, Franklin Square, NY 11010-0093. Customer agrees to be responsible for reimbursing GimmiBYTE LLC monetarily for any and all bank fees and service charges it incurs for returned checks due to Customer’s insufficient funds (NSF) or stopped payments.

In some cases we can email you an invoice for services provided via PayPal. A PayPal account is NOT required if paying with a Major Credit Card or Electronic Funds Transfer (EFT). Simply click the Pay Now button in the email, enter your payment information and submit your payment. Of course, if you have a PayPal account, you will have the option to log in and pay the invoice with funds currently in your account. Either way, paying your invoice online with PayPal is FAST, EASY, SAFE, and SECURE. All invoices are DUE ON RECEIPT. GimmiBYTE, LLC does not offer NET TERMS payment options at this time.

If you have not claimed your product and not paid all charges due within thirty (30) days after being notified by GimmiBYTE, LLC that your product has been repaired, GimmiBYTE, LLC will consider your product abandoned. GimmiBYTE, LLC will provide such notice to you at the mailing address you furnished when you authorized the repairs. GimmiBYTE, LLC may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. GimmiBYTE, LLC reserves its statutory and any other lawful liens for unpaid charges.

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Warranty
If GimmiBYTE, LLC repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law. If your product is repaired outside of warranty, GimmiBYTE, LLC warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by GimmiBYTE, LLC. The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part's warranty period, at its option, GimmiBYTE, LLC will (1) repair the part, using new, used or reconditioned replacement parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part, as determined by GimmiBYTE, LLC. 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 THE REPAIR PARTS. GIMMIBYTE, LLC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF GIMMIBYTE, 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.

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Refunds
Refunds for defective parts and devices installed by GimmiBYTE, LLC for repair or installation services is explained in the Warranty section above. Labor charges for any services of GimmiBYTE, LLC are NON REFUNDABLE. Additional labor fees will be charged to the customer for replacing defective parts and devices reported after the expiration of our 90 day Limited Warranty from the initial day of service. Shipping and handling fees for parts, equipment and materials specially ordered for a customer for a repair or installation are also NON REFUNDABLE and will be deducted from the customer's final refund.

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Limitation of Liability of Loss or Damage
IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN GIMMIBYTE, LLC'S CUSTODY, GIMMIBYTE, LLC'S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. SUBJECT TO THE PREVIOUS SENTENCE, GIMMIBYTE, LLC'S ENTIRE LIABILITY FOR YOUR DAMAGES FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE REPAIR OF YOUR PRODUCT, WHETHER DUE TO GIMMIBYTE, LLC'S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY FOR REPAIR SERVICES. GIMMIBYTE, LLC HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR REVENUE. GIMMIBYTE, LLC ALSO HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS. YOUR ONLY REMEDY UNDER THIS REPAIR AGREEMENT IS TO SEEK RECOVERY OF DAMAGES AGAINST GIMMIBYTE, LLC IN AN AMOUNT NOT TO EXCEED WHAT YOU HAVE PAID FOR REPAIR SERVICES.

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Remote Support
A remote support connection allows GimmiBYTE, LLC technicians to share control of the customer's PC in an attempt to resolve many types of computer issues as an alternative to an onsite visit. By requesting and accepting a remote session from a GimmiBYTE, LLC representative to remotely assist the customer with a technical related issue, the customer accepts responsibility for any changes made to the computer's content or system settings. GimmiBYTE, LLC does not assume and is not responsible for any liability for the linking and viewing of any content, the operation of the remote support software or system performance.

GimmiBYTE, LLC recommends for the customer's security and privacy that they exit any open applications that is displaying content such as personal or confidential information before initiating a remote support session with a GimmiBYTE, LLC representative. GimmiBYTE, LLC further recommends that the customer remain seated at the computer's desktop throughout the entire remote session.

Customer's data is important to us, however, it is the responsibility of the customer to ensure that they backup their data on a regular basis. GimmiBYTE, LLC will not be held responsible for any data loss if any occurred during or after a remote session. If no data back up exists, please contact us for assistance with setting up a backup procedure.

IN NO EVENT SHALL GIMMIBYTE, LLC BE LIABLE FOR (1) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES.

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Software Licensing
Legal software licensing is the sole responsibility of the computer system and software owner. The customer is responsible for providing all LEGALLY owned and licensed software including operating systems. This can be software or the operating system that came with the computer when it was purchased or purchased separately. If the customer is unable to provide GimmiBYTE, LLC technicians with software licenses, authentic installation discs, product keys and installation codes, the customer will be obligated to purchase legally licensed software to complete a repair or upgrade. GimmiBYTE, LLC CANNOT install any software program or operating system that the customer does not legally own. For full details on software licensing please read the Software Licensing Agreement that came with the software or on the software manufacturer's website.

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Installation and Data Transfer
If repair service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize GimmiBYTE, LLC to transfer the information and accept such terms on your behalf in performing the service.

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Data Back Up
GimmiBYTE, LLC strongly recommends that the customer safeguard critical data by backing up said data prior to any services performed by GimmiBYTE, LLC. Even if specifically requested and provided as a paid service by GimmiBYTE, LLC, the customer is responsible for any backup, archiving, or protective storage as well as restoration if required, of their data.

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Data Recovery Services
Confidentiality
GimmiBYTE, LLC agrees, on its own behalf and on behalf of any agents it utilizes to perform GimmiBYTE, LLC's responsibilities under this Agreement, that the materials and information which Customer provides to GimmiBYTE, LLC or to which GimmiBYTE, LLC gains access in the course of performing its responsibilities hereunder including, but not limited to, materials and information relating to software, hardware, technical and systems profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses and other identifiers of individuals and business entities, financial information, insurance, and other know-how or information relating to Customer (collectively "Customer Information"), as between the Parties, are the property of Customer, and shall be used and viewed by GimmiBYTE, LLC only within the scope of its rights and responsibilities under this Agreement, and shall not be otherwise disclosed to third parties by GimmiBYTE, LLC or any of its agents without Customer's prior written approval.

The confidentiality obligations set forth in this Section shall not apply to information and materials: (1) that are or subsequently become publicly available without GimmiBYTE, LLC's breach of any duties it owes to Customer or the breach of any confidentiality obligations of any of GimmiBYTE, LLC's agents or affiliates which are owed to Customer; (2) was known to GimmiBYTE, LLC prior to Customer's disclosure to GimmiBYTE, LLC, other than any information or materials obtained from any of GimmiBYTE, LLC's agents or affiliates which are either subject to confidentiality obligations in favor of Customer from such agents or affiliates of GimmiBYTE, LLC or fail to fall with the exception categories (1), (2), (3), (4), or (5) described herein; (3) become known to GimmiBYTE, LLC from a source other than Customer, other than by the breach of an obligation of confidentiality owed to Customer; (4) is independently developed by GimmiBYTE, LLC without reference to or use of Customer Information; or (5) when client information is found to contain illegal data such as child pornography or information that is detrimental to national security.

GimmiBYTE, LLC agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose.

Business entities, government entities and organizations whose data is successfully recovered by GimmiBYTE, LLC provide GimmiBYTE, LLC the right to use for promotional purposes their respective copyright protected logos and/or names. If any such business entity, government entity or organization does not wish to allow GimmiBYTE, LLC use their respective copyright protected logo and/or name for promotional purposes, GimmiBYTE, LLC will remove the copyright protected logo and/or name immediately upon request.

GimmiBYTE, LLC agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information. Such measures shall include, but not be limited to, requiring employees who will have access to such information to agree to the confidentiality requirements of this Section. Parties acknowledge and agree that it may be necessary for Customer to share Customer Information with GimmiBYTE, LLC in order for GimmiBYTE, LLC to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, GimmiBYTE, LLC agrees to the following:

To hold in strict confidence Customer Information obtained from Customer during this Agreement. Not to disclose Customer Information, in any form or medium, to any affiliated or non-affiliated person, firm or corporation except as necessary to perform services under this Agreement or as may be required by law. To the extent that GimmiBYTE, LLC contracts with a third party that obtains Customer Information in order to provide services under this Agreement, GimmiBYTE, LLC agrees to obtain contractual confidentiality protections to require the third party to hold Customer Information in strict confidence and not disclose it to any person unless required by law. GimmiBYTE, LLC agrees to return all Customer Information to Customer either upon request or termination of this Agreement. GimmiBYTE, LLC agrees to comply with applicable privacy laws and regulations including, but not limited to, the Gramm-Leach-Bliley Act, Public Law 106-102 (1999) as set forth in 15 U.S.C.A. ?? 6801, as amended to comply with applicable changes in such laws and regulations as these occur and become effective.

Miscellaneous Provisions
Customer warrants to GimmiBYTE, LLC Inc. that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to GimmiBYTE, LLC Inc.; and Customer will defend, at its expense, indemnify, and hold each of GimmiBYTE, LLC Inc. and Dell harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or attorneys' fees awarded against GimmiBYTE, LLC Inc. or Dell, respectively, resulting from Customer's breach of this section. Customer agrees that Dell is an intended third party beneficiary of this Agreement.

This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by the Parties.

The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the State of Wisconsin without regards to its conflict of law provisions.

Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.

Customer acknowledges that any equipment/data/media supplied to GimmiBYTE, LLC under warranty with Dell USA L.P. or any of its worldwide affiliates ("Dell") will be returned to Dell 45 days after closure of Customer's data recovery case unless customer purchased the Keep Your Hard Drive Option from Dell.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES: GimmiBYTE, LLC MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND GimmiBYTE, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.

Terms and conditions
These terms constitute the entire agreement ("Agreement") between the purchaser of the services described herein ("Customer") and GimmiBYTE, LLC ("GimmiBYTE, LLC"). By engaging GimmiBYTE, LLC to provide the services, Customer agrees to this Agreement.

Services Provided:
Customer engages GimmiBYTE, LLC and/or its partners or subcontractors to inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.

Independent Contractor
GimmiBYTE, LLC states and affirms to Customer that it is an independent contractor. It shall have the direction and control of its employees in the provision of services to Customer. Nothing contained in this Agreement shall be construed so as to create a partnership between the Parties or to authorize either Party to act as a general agent of the other Party. Neither Party shall have any authority to make contracts, commitments, statements or representations on behalf of the other Party, except as set forth in this Agreement. Customer understands that GimmiBYTE, LLC is not acting as an agent of Dell or otherwise on behalf of Dell, and that Dell is not responsible for the services provided pursuant to this Agreement.

Compensation
Customer agrees to pay GimmiBYTE, LLC all sums authorized from time to time by Customer, which will typically include charges for GimmiBYTE, LLC services, shipping and insurance (both ways), and actual expenses, if any, for part, media and/or off the shelf software used in the services. Unless otherwise agreed to in advance by GimmiBYTE, LLC, all such sums are due and payable in advance, by company check, bank money order, or credit card.

Limitation of Liability
Customer acknowledges that the equipment/data/media may be damaged prior to GimmiBYTE, LLC's receipt, and Customer further acknowledges that the efforts of GimmiBYTE, LLC to complete the services may result in the destruction of or further damage to the equipment/data/media. GimmiBYTE, LLC regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during GimmiBYTE, LLC's efforts to complete the services.

In no event will GimmiBYTE, LLC be liable for any indirect damages whatsoever. GimmiBYTE, LLC will not be held liable for any damages due to any virus, worm, Trojan horse, etc. Similarly, Dell shall not be directly or indirectly liable to Customer or any third party for any damage, loss, cost or injury whatsoever arising out of the services performed by GimmiBYTE, LLC. The total liability of GimmiBYTE, LLC to Customer under this Agreement shall in no event exceed the total sums paid by Customer to GimmiBYTE, LLC.

GimmiBYTE, LLC guarantees that our data recovery work will not void manufacturer warranties. Our warranty seals are accepted by every major storage manufacturer. If for any reason they are not accepted, GimmiBYTE, LLC will compensate the customer for the replacement cost of the storage device, up to a maximum of $100. Proof of warranty rejection is required in order to be eligible for replacement compensation.

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Access to Equipment and Data
You grant GimmiBYTE, LLC access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate your computer software, applications, data, and data storage media including, but not limited to, the products operating system, word processing, spreadsheets, databases, work flow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your product.

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Termination of Service
GimmiBYTE, LLC reserves the right to refuse service to any customer for any reason at any time. Likewise, the customer has the right to terminate the service of GimmiBYTE, LLC at any time, however, all services fees, labor charges and cost of parts must be paid in full to GimmiBYTE, LLC before any customer owned property and equipment is returned to the customer. GimmiBYTE, LLC also reserves the right to remove any parts, equipment or materials installed by GimmiBYTE, LLC if such Termination of Service is invoked by the customer if such parts, equipment, materials, service fees, and labor charges are not immediately paid for at the time of the Termination of Service.

Cancellation of Service Agreements
Cancellation of commercial Service Agreements must be submitted to GimmiBYTE, LLC 30 DAYS in advance in writing on company letterhead signed by an authorized decision maker (i.e. Owner, Administrator, Manager) appointed by the commercial customer. All service fees are still due to GimmiBYTE, LLC through the date of cancellation plus the 30 day cancellation period. Non-payment of invoices for services rendered does not constitute valid cancellation of service and all service fees are still due to GimmiBYTE, LLC for the entire time period that services were provided by GimmiBYTE, LLC. Services will continue to be provided by GimmiBYTE, LLC until a written cancellation of services is received. GimmiBYTE, LLC recommends a letter of cancellation be sent via USPS First Class Certified Mail with Return Receipt. If the customer has any questions regarding a received invoice, immediately contact the GimmiBYTE, LLC Accounting and Billing Department at 888.698.5880 Opt 4 or by email at accounting@gimmibyte.com.


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