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Terms of Use

This Document is a legal agreement between you (the “Client”) and Macinhome Consulting Inc. (“Macinhome”).  Before you click “I Agree”, carefully review the terms and conditions of this Agreement (the “Agreement”).  By clicking “I Agree”, the Client agrees to observe and perform all of the obligations of the CLIENT PURSUANT TO THE Agreement.

WHEREAS Macinhome is in the business of providing technical support services (the “Services”) and the Client proposes to retain Macinhome to perform the Services on its behalf, in consideration of the premises, the parties agree as follows:

  1. Covenants of the Client. The Client will:
    1. Each time that the Client requires that Macinhome perform the Services:
      1. fully and completely fill out a Work Order (the “Work Order”) on the Macinhome website located at www.macinhome.com (the “Macinhome Website”), including the following information:
        1. email address;
        2. full name;
        3. credit card information (the “Credit Card Information”) including account number and expiry date (the “Credit Card”);
        4. if different than the person referred to in 1(a)(i)(B), the name of a person who will be the sole contact person for the Client (the “Contact Person”);
        5. the answer to a security question, which will allow Macinhome to verify the identity of the Contact Person;

          6. and if the Client has not previously retained Macinhome, the Client will create a user account, whereas if the Client has previously retained Macinhome, the Client will provide the Client’s unique Macinhome password (the “Client Password”); or

      2. where the Client has already created a user account, provide the Client Password and confirm the information already provided pursuant to paragraph 1(a)(i) above;
        provided that once the Client has created a user account, the Client authorizes Macinhome to create a new Work Order for all telephone inquiries from the Client, and such Work Order will be enforceable against the Client as though the Work Order had been created by the Client;
    2. In consideration for performance of the Services, pay to Macinhome applicable GST plus:
      1. the total amount charged by Macinhome to be calculated at the applicable hourly rate of the agent, employee, or contractor (the “Macinhome Technician”) who performed the Services for the Client; plus
      2. any travel expenses that might be applicable to the Services, if the Services are to be provided outside of the Lower Mainland of British Columbia;

      3. (the “Macinhome Charges”)
      which hourly rates and charges are set out on the Macinhome Website at http://www.macinhome.com/services/hours-rates.html and are subject to change from time to time. The Client hereby irrevocably authorizes Macinhome to use the Credit Card Information to charge the Credit Card in the total amount of the Macinhome Charges;

    3. Promptly comply with all requests of Macinhome and provide access to all documents and files required by Macinhome in order to perform the Services; and
    4. If at any time a payment on the Credit Card is declined for any reason, immediately upon notice from Macinhome, deliver to Macinhome a bank draft in the following amount:
      1. the total amount owing to Macinhome on account of the Services; plus
      2. an administrative fee of $60.00.
  2. Acknowledgements. The Client acknowledges, represents and agrees that:
    1. if there is anything in the Work Order which is in conflict with the terms of this Agreement, the terms of this Agreement will prevail;
    2. the Contact Person has the authority to bind the Client;
    3. the Client’s description in the Work Order of the services required is a suggestion only, and is subject to change once the Macinhome Technician has reviewed it. Accordingly, the Work Order is subject to change (the “Amended Work Order”) at the discretion of the Macinhome Technician. The Client agrees to make payment pursuant to the Amended Work Order as though the amendments were contained in the original Work Order;
    4. any payments owing by the Client to Macinhome will bear interest at the rate of 18% per annum from the date when due until the date paid; and
    5. the Client shall be fully responsible for paying the cost of all Work Orders which were created using the Client Password, and the Client shall immediately advise Macinhome if it becomes aware of any improper use of the Client Password.
  3. Limitation of Liability. MACINHOME WILL USE REASONABLE EFFORTS TO PERFORM THE SERVICES IN ACCORDANCE WITH THE WORK ORDER AND WITHIN A REASONABLE PERIOD OF TIME. THE CLIENT ACKNOWLEDGES AND AGREES THAT THE NATURE OF THE SERVICES MAY PREVENT MACINHOME FROM PERFORMING THE SERVICES IN A MANNER THAT ACHIEVES THE RESULT REQUESTED PURSUANT TO THE WORK ORDER. MACINHOME MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES WHETHER AS TO THE ACCURACY, RELIABILITY, FUNCTION, ABSENCE OF ERRORS, OR OTHERWISE WHATSOEVER. IN NO EVENT WILL MACINHOME OR ITS AFFILIATED COMPANIES, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS (THE "REPRESENTATIVES") BE LIABLE FOR ANY DAMAGES ARISING FROM THE SERVICES WHETHER CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER FAILURE, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF CAUSED BY THE NEGLIGENCE OF MACINHOME AND EVEN IF MACINHOME HAD THE KNOWLEDGE OF THE POSSIBILITY OF SUCH LIABILITY, LOSS, OR DAMAGE. MACINHOME MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED IMPLIED OR STATUTORY, WITH RESPECT TO ANY HARDWARE PURCHASED BY THE CLIENT AT THE RECOMMENDATION OF THE TECHNICIAN.
  4. Termination. Macinhome shall be entitled to immediately terminate this Agreement if the Client fails to pay the Macinhome Charges when due. Either party shall be entitled to terminate this Agreement on 5 days notice to the other party. Upon:
    1. termination of this Agreement for any reason, the Client shall immediately pay to Macinhome the Macinhome Charges and any other amounts owing to Macinhome pursuant to this Agreement, and the Client hereby irrevocably authorizes Macinhome to use the Credit Card Information to charge the Credit Card in the total amount of the Macinhome Charges; and
    2. receipt of notice of termination from the Client, Macinhome may at its option in its sole discretion perform that portion of the Services which is required to preserve the Client’s hardware, if applicable (the “Wrap Up Services”) and the Client will pay to Machinhome the Macinhome Charges applicable to the Wrap Up Services in accordance with the terms of this Agreement.
  5. Privacy. The Client hereby authorizes Macinhome to use the information provided pursuant to paragraph 1(a) of this Agreement for the purpose of performing the Services and for collecting payment of the Macinhome Charges.
  6. Notice. Any notice, direction or other instrument required or permitted to be given under this Agreement shall be in writing and may be given by delivering same or mailing same or sending same by facsimile transmission, or email to the address provided in the Work Order.
  7. Assignment. Macinhome shall be entitled to assign its rights under this Agreement to any party without the consent of the Client.
  8. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter, and supersedes all other agreements whether written, or oral between the parties, it being expressly understood that there are no other representations, terms, warranties, conditions, guarantees, promises, agreements, collateral contracts or collateral agreements express or implied, or statutory, other than those contained in this Agreement and that this Agreement represents the whole of the Agreement between the parties, and no alteration, modification or amendment hereof shall be binding unless made in writing and signed by the parties hereto.
  9. Other Instruments. The parties shall do such additional acts and execute and deliver such further documents as may be requisite to give full effect to the terms of this Agreement.
  10. Severability. The invalidity of any particular portion, section or paragraph of this Agreement shall not affect the validity of any other provision herein and, in such event, such invalid provision shall be severable from this Agreement and the remainder of this Agreement shall be construed as if such invalid provision was omitted.
  11. No Waiver. No waiver by any party hereto of any breach of any covenant, representation, warranty, proviso, condition or stipulation herein contained whether express or implied or negative or positive in form by any other party hereto shall have any effect or be binding upon any party hereto unless same shall be in writing and under the authority of such party, and any waiver whatsoever shall extend only to the particular breach so waived, and shall not limit or affect the right of any party with respect to any other or further breach.
  12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
  13. Gender. Whenever the singular or the masculine is used herein, same shall be deemed to include reference to the plural, feminine and body corporate as necessary.
  14. Binding Effect. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.

 

 

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Macinhome offers professional offsite and onsite Mac training and technical support throughout Canada, with offices in Vancouver and Edmonton. Your satisfaction is our primary focus, with offsite computer work generally completed within 24 hours, or even overnight to minimize your downtime. Our flexible hours of operation – from 8 a.m. to midnight, 7 days a week – provides you support whenever you need it.