Professional IT Answers - General Information

Standard Terms and Conditions of Sale

Privacy Policy

Standard Terms and Conditions of Sale

The following terms and conditions apply to all proposals and quotations

made by Professional IT Answers or contracts entered into by Professional

IT Answers. All orders are subject to acceptance by Professional IT

Answers at its principal office.

1. Definitions.

1.1 “Hardware” means computer systems (excluding software) and related

parts.

1.2 “Software” means software products whether owned by customer or

licensed directly to customer from a third party.

1.3 “Product” or “Products” includes Hardware and Software.

1.4 “Peripheral” means any device with an external connection to the

computer system such as printers, monitors and scanners.

2. Prices.

Prices contained in any quotation, purchase order or contract are exclusive

of and customer is responsible for all federal, state, municipal and other

governmental, excise, sales, use, import/export tariffs (duties) or like taxes.

3. Payment Terms.

Orders for services, Products and Peripherals will be treated as separate

orders. Products and Peripherals will be invoiced at the time of delivery.

Payment for any purchase made by a customer is due at the time the

services, Products and Peripherals are rendered by Professional IT

Answers or, with the prior approval of Professional IT Answers, within

fifteen (15) days from the date of invoice. Interest at the rate of 1½ % per

month will be charged on accounts past due. Professional IT Answers

reserves the right to require cash on delivery or suspend delivery of any

order whenever customer’s account is past due.

4. Limited Warranties and Return Policy.

4.1 Professional IT Answers warrants that the Custom computer systems

and servers will be free from defects in materials and workmanship for two

years from the date of installation. This limited warranty includes parts and

labor.

4.2 All products other than Custom Computer systems and servers will be

covered under the manufacturer’s warranty only, and Professional IT

Answers’s normal billing rates will apply to labor to service those products.

4.3 Warranty service will be provided by any means reasonable and

practical under the circumstances as determined by Professional IT

Answers, including attempting to resolve warranty-covered problems by

diagnostic technical phone support prior to or in lieu of dispatching a

technician for service.

4.4 Except for any damage caused to a Product or Peripheral during the

shipping of such Product or Peripheral to you or resulting from the

installation of the Product or Peripheral by Professional IT Answers, our

limited warranty does not cover damage to Products or Peripheral due to

external causes, such as accidents; abuse or misuse of the Product or

Peripheral; spilled liquids on the Product or Peripheral or immersion of the

Product or Peripheral in liquids; damage caused by disasters such as fire,

flood, wind, earthquake or lightening; problems with electrical power;

servicing or tampering of the Product or Peripheral that is not authorized by

Professional IT Answers or use of parts and components not supplied by

Professional IT Answers; damage resulting from moving the Product or

Peripheral by anyone other than us; usage not in accordance with

instructions for the Product or Peripheral; failure to perform required

maintenance or the performance of improper maintenance; damage

caused by modifications, changes, additions or attachments to the Product

or Peripheral that are not approved in writing by Professional IT Answers;

damage caused by failure to provide a suitable environment for the Product

or Peripheral; or damage caused by use of the Product or Peripheral for

purposes other than those for which it was intended.

4.5 Our limited warranty for any Product or Peripheral is null and void if any

part or component is added to the Product or Peripheral and not installed

by Professional IT Answers. Our limited warranty does not cover Software.

You acknowledge and agree that you are responsible for compliance with

all applicable licenses or other agreements with respect to Software. You

further agree that (i) any request by you for installation of Software by

Professional IT Answers shall constitute your representation and warranty

that you have the right to use the Software in the manner in which it is then

being used, and (ii) Professional IT Answers and its affiliates shall have no

liability whatsoever for breach of any license or other agreement between

you and any third party, and you agree to indemnify and hold harmless

Professional IT Answers, its owners, officers, directors, employees, agents

and affiliates from any and all liability, damages, costs and expenses

(including legal fees) arising out of the breach of or noncompliance with any

such third party agreement.

4.6 Our limited warranty does not apply if you reside outside Professional

IT Answers's current service area. If you reside outside our service area,

our limited warranty reverts to depot warranty only and you must pay the

cost of all shipping (including insurance) costs.

4.7 Normal billing rates will apply to labor for any Product serviced by

Professional IT Answers under warranty and subsequently found to be in

working condition.
4.8 Professional IT Answers will facilitate the customer’s request to return

non-configured standard products per the terms and conditions of the

manufacturer’s warranty. The customer should be aware that in some

instances the manufacturer or master distributor will not accept returns,

and, when the manufacturer or master distributor does accept a return,

they will frequently levy a 15% to 25% restocking charge that the customer

shall be responsible for paying. In addition to the foregoing, any Product

that Professional IT Answers has agreed to facilitate the return of and is

returned after 14 days from the date of delivery will be charged a 5%

administrative charge by Professional IT Answers.

5. Disclaimer of Warranties.

THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED

TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS

FOR A PARTICULAR PURCHASE, ALL OF WHICH ARE EXPRESSLY

DISCLAIMED.

6. Force Majeure.
Professional IT Answers shall not be liable for, and customer shall have no

right with respect to, any delay or failure in performance or nonperformance

that is due to acts beyond Professional IT Answers’s reasonable control

such as acts of God, acts of third parties, acts of governmental authorities,

acts of war, accidents, breakdowns of equipment, strikes, riots, fires, floods,

communication line failures or other interference with production, supply or

transportation of products, raw materials or components.

7. Limitation of Remedies and Damages.

7.1 Customer agrees that Professional IT Answers’s liability and customer’s

sole and exclusive remedy pursuant to any claim of any kind, including, but

not limited to, a claim in contract, tort, negligence or strict liability shall be (i)

repair or replacement, at Professional IT Answers’s option, of defective

Hardware or parts thereof, or (ii) a refund of the price allocable to the

defective Hardware or part thereof if Professional IT Answers is unable to

effectively repair or replace such defect within a reasonable time. Customer

shall not be entitled to a refund of any service charges paid to Professional

IT Answers Any replacement Hardware or parts shall be new or serviceable

used Hardware or parts and are warranted for the remainder of the original

warranty period. UNDER NO CIRCUMSTANCES SHALL Professional IT

Answers OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY

WHATSOEVER FOR ANY COMPENSATORY, PUNITIVE, SPECIAL,

INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,

BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE,

LOST PRODUCTION, LOST DATA, OR COST OF REPLACEMENT

HARDWARE OR SOFTWARE.

7.2 Customer acknowledges and agrees that the performance of certain

repair services to customer’s Hardware by Professional IT Answers may

void certain warranties provided by the manufacturer of such Hardware.

CUSTOMER ACKNOWLEDGES AND AGREES THAT UNDER NO

CIRCUMSTANCES SHALL Professional IT Answers OR ANY OF ITS

AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY ACTUAL,

COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES AS A RESULT OF THE VOIDING OF ANY

SUCH WARRANTIES.

8. Non-Solicitation of Employees.

During the term of this Agreement and for a period of 3 years after

completion of the services under this Agreement or termination of this

Agreement for any reason, customer agrees that it shall not, directly or

indirectly, solicit, hire, engage or attempt to solicit, hire or engage any

individual who is an employee of Professional IT Answers at any time

during such period. Because the actual damages that Professional IT

Answers would sustain in the event that customer breaches these non-

solicitation provisions would be difficult to ascertain, the parties agree in

good faith that the customer shall pay Professional IT Answers as

liquidated damages, a sum equal to $90,000. The parties acknowledge and

agree that this is a good faith attempt to estimate the actual damages that

will be sustained in the event of a breach and is not an attempt to impose

any kind of penalty. The foregoing provision shall not limit the right of

Professional IT Answers to seek injunctive or other equitable relief or to

seek monetary relief incurred by Professional IT Answers in excess of the

agreed upon liquidated damages.

9. Dispute Resolution.

Any claim, dispute or controversy under this Agreement against

Professional IT Answers, its owners, officers, directors, employees, agents

or affiliates shall be resolved exclusively and finally by arbitration before

three arbitrators. The arbitration proceedings will be conducted in

Cincinnati, Ohio under the commercial Arbitration Rules of the American

Arbitration Association (“AAA”) in effect at the time the demand for

arbitration is made, except that the decision of the arbitrators shall include

written findings of fact and conclusions of law. Within 20 days of the date of

the initial request by a party for arbitration, one arbitrator shall be selected

by Professional IT Answers and one arbitrator shall be selected by the

customer. The third arbitrator shall be selected by the joint agreement of

the two arbitrators selected by the parties, within 10 days of the date of

selection of the second of the two arbitrators. Any and all evidentiary issues

shall be resolved under the Ohio Rules of Civil Procedure and the Ohio

Rules of Evidence. The decision of the arbitrators including the

determination of the amount of any award, shall be exclusive, final and

binding on all parties, their respective heirs, executors, administrators,

successors and assigns. Each party to the arbitration proceeding will bear

his, her or its own expenses in the arbitration for attorneys’ fees and for the

party’s witnesses and other expenses of presenting the party’s case. Other

arbitration costs, including arbitrators’ fees, administrative fees, and fees for

jointly required or obtained records or transcripts, will be borne equally by

the parties to the arbitration proceeding. This arbitration provision shall not
limit the right of Professional IT Answers to seek injunctive or other

equitable relief to enforce the non-solicitation provisions contained herein.

10. Severability.

The terms stated herein are declared to be severable. If any provision of

contained herein is held to be illegal, invalid or unenforceable, in whole or

in part, the legality, validity and enforceability of the remaining provisions

shall not be affected or impaired.

11. General.

These Terms and Conditions of Sale and those set forth in any Professional

IT Answers work order, proposal or quotation and any written agreement

signed by customer and Professional IT Answers constitute the entire

agreement between the customer and Professional IT Answers, and no

other verbal or written communications, representations or commitments

shall apply unless made in writing and signed by both parties. Professional

IT Answers’s acceptance of customer’s purchase order is conditioned on

customer’s assent to the terms contained herein in lieu of those contained

in customer’s purchase order. Professional IT Answers’s failure to object to

provisions contained in any purchase order, related documents or

communication from customer shall not be deemed a waiver of the

provisions of this acceptance. These Terms and Conditions of Sale shall be

governed by and construed in accordance with the laws of the State of

Ohio, including the application of any applicable statutes of limitations and

equitable principles and the availability of any remedies. The terms

contained herein are severable. If any provision of this Agreement is held to

be illegal, invalid or unenforceable, in whole or in part, the legality, validity

and enforceability of the remaining provisions shall not be affected or

impaired.

12. Disclosure.

12.1 Providing Computer Service: This agreement gives Professional IT

Answers, permission to perform services as needed on Client sites and

facilities including remote facilities that may include client residences as

requested by the client. This agreement includes permission to perform

service on equipment that is under warranty by a manufacturer including

assistance in the ordering and disposition of any parts needed to perform

warranty work. This agreement acknowledges that Professional IT

Answers, may install properly licensed tools to facilitate automated system

notifications, monitoring and remote system access for purposes of

providing requested and contracted computing services.

12.2 Possible Loss of Data: Any time computer systems are serviced or

repaired or new computer hardware/software systems are installed, there is

a risk of loss and/or corruption of existing data stored on computer

systems. To minimize or avoid loss of data, the client has final responsibility

to ensure data is secured through backup or duplication such as on

alternate drives or tape external to the system being serviced. If data

backup or duplication does not exist, Professional IT Answers, can perform

this task as an extension of requested service at the standard billable

hourly rate. This agreement acknowledges that the transfer of data files is

subject to the likelihood of errors and losses and agree that Professional IT

Answers, will not be liable for any resulting losses.

Privacy Policy

ProITAnswers.com has created this statement in order to communicate our

firm commitment to privacy. We have taken the proper measures to ensure

that your shopping experience with us is safe, secure and enjoyable. This
statement details our information gathering and sharing practices for

ProITAnswers.com.

This Privacy & Security statement is subject to change without notice. We

encourage you to review our Privacy and Security statement whenever you

use this web site to make sure you understand how your information will be

used.

Information We Collect and How We Use It

When you place an order with us, we will collect your name, e-mail

address, shipping address, credit card number and credit card expiration

date. This information allows us to process your order and contact you if

necessary. All of your information is stored on a secured server. If you do

not wish to register your credit card number online, you do have the option

to place your order over the phone by calling your local Professional IT

Answers branch at 1-513-549-2256.

Information about your activity on the site is automatically collected when

you sign in. We monitor our site traffic patterns and site usage in order to

evaluate and improve the layout and design of our site.

Information Disclosure

When you place an order with us, we share your information with our

vendors, suppliers, and distributors in order to fulfill your orders. We do not

sell or rent any of your personally identifiable information with anyone

outside of Professional IT Answers.

We may provide your information as required by law or legal process; to

protect and defend the rights of Professional IT Answers, the

ProITAnswers.com site or the users and, and under circumstances we

believe reasonably necessary to protect the personal safety of users of

Professional IT Answers, this site or the public.

Links to External Sites

Our site may contain links to other sites on the Internet that are not under

our control. Professional IT Answers is not responsible for the privacy

practices or the content of such Web sites. See our Legal Notices.

Cookies

A cookie is a small piece of information that many Web sites use to help

make shopping online easier. The information is stored on your computer's

hard drive. It lets you shop our site, place items in your shopping cart and

return without having to reenter the information.