Terms of Service

These Standard Terms and Conditions are attached to and made a part of any Work Order prepared by TransTech One LLC (“TransTech”) and accepted by Client (the “Work Order”) relating to certain information technology and related computer services to be performed by TransTech.

1. INCORPORATION BY REFERENCE These Terms and Conditions are incorporated into the Work Order by reference. The Work Order and these Terms and Conditions shall hereinafter be referred to collectively as this “Contract.” Unless otherwise provided, all terms used in these Terms and Conditions shall have the meanings set forth in the Work Order.

2. THE WORK The “Work” is the services described in the Work Order and includes all labor, materials, tools and equipment necessary properly to complete the work.

3. CHANGES IN THE WORK. TransTech may recommend, and/or Client may request, additional services, changes to the Work initially ordered, or the purchase by Client of supplies, components, hardware or software. In the event of any such changes agreed to by Client and TransTech, the parties shall revise the Work Order or enter into a new Work Order setting forth the revised Work and fees.

4. FEES. Client agrees to pay the total amount of costs and fees set forth on the Work Order, plus any additional costs or fees subsequently agreed upon by the parties, and applicable taxes, to TransTech upon the completion of the Work.

5. REQUIRED CONDITIONS/CANCELLATION CHARGE. A person at least eighteen (18) years of age must be present during the entire time period that the Work is performed. Client is responsible to provide a safe environment for the TransTech technician to perform the Work. In the event that an adult is not present, or if the site conditions are unsafe, TransTech shall not be obligated to perform the Work, and a cancellation charge may be assessed.

6. REFUNDS. Labor, delivery, and/or installation services are non-refundable. Hardware/Software sales may be returned within 10 days of original purchase date as long as items are not damaged, abused, or missing accessories (i.e. cords, cables, etc.). A 15% re-stocking will be charged to customer for all hardware/software returns. All special-order item sales are final.

7. ACTS OF GOD. TransTech may refrain from performing the Work if it’s technician’s ability to perform the Work is impaired by circumstances beyond the control of TransTech, such as acts of terrorism or adverse weather conditions.

8. BACK UP OF DATA. TransTech will not back up any data on your computer or network unless specifically set forth on the Work Order. It is the responsibility of the Client to back up the data, software, information or other files stored on its computers, systems and networks prior to requesting service from TransTech.

9. END USER AGREEMENTS. If the Work includes installation of any software, Client authorizes TransTech to accept End User License Agreements and similar use and license agreements on Client’s behalf.

10. DISCLAIMER OF ALL WARRANTIES. THE WORK AND ALL OTHER GOODS OR SERVICES SOLD OR RENDERED BY TRANSTECH ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY BY TRANSTECH WHATSOEVER. TRANSTECH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSTECH OR ITS EMPLOYEES, TECHNICIANS OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF TRANSTECH’s OBLIGATIONS IN RESPECT OF THE WORK.

11. LIMITATION OF LIABILITY. TRANSTECH SHALL NOT BE LIABLE TO CLIENT OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE WORK OR THIS CONTRACT, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF TRANSTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL TRANSTECH’s TOTAL LIABILITY TO CLIENT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE WORK OR THIS CONTRACT THE TOTAL AMOUNT PAID BY CLIENT TO TRANSTECH REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE. TRANSTECH IS NOT LIABLE FOR LOSS, ALTERATION OR CORRUPTION OF ANY DATA OR LOSS OF ANY MEDIA.

12. GOVERNING LAW. This Contract shall be construed and enforced in accordance with the laws of the State of California.

13. MISCELLANEOUS. (a) no modification of the terms of this Contract shall be valid unless in writing and signed by TransTech and Client; (b) should any of the provisions of this Contract be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining provisions; and (c) this Contract, together with the Work Order or any information or documents incorporated herein by reference, shall be deemed to contain the entire agreement between TransTech and Client in respect of the Work contemplated thereby and to constitute the complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral agreements or negotiations with respect to the subject matter hereof being merged herein.

CALIFORNIA RESIDENTS ONLY:

An estimate (as required under Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by the service dealer in writing, and the service dealer may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, the service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate or repair. For more information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 94814.