Terms of Service
BR1COMP TECHNICAL SUPPORT
TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Br1comp Technical Support Terms of Service (“Service Terms”) is provided to you (“Customer”)
in connection with the Br1comp Technical Support Plan (the “Service”) that Customer has purchased.
These terms and conditions comprise the entire agreement between Customer and Br1comp with
respect to the Service.
2. DESCRIPTION OF SERVICE
Upon purchase of the Service, Customer shall be eligible to receive the following services via in-store,
remote, or phone support (e.g., over the phone or via the Customer’s computer with a Br1comp Agent
logged into the Customer’s computer):
• Software Installation
• Software assessment and removal of viruses and malware
• Certain hardware installation - Please see your local Br1comp in your nearest location to learn which
hardware installation is included
• Memory installation
• Operating system installation
• Annual computer tune-up, including operating software system updates, screen cleaning, fan cleaning, and keyboard
cleaning
• Hard-drive data removal upon request
• Password reset
• Hard drive removal upon request
Service is on a per-customer basis and is limited to three (3) devices owned by the customer. The fee for
the Service is a set fee without regard to usage (i.e., once the Customer has purchased the Service, there
will be no refund of the fee even if the Customer does not use the Service thereafter). Customer must
purchase the Service in one-year increments. Training and training services are not included in the
Service, but are available at Br1comp’s standard service rate. If Br1comp is unable to successfully
complete one of the services set forth above in-store or by logging-in remotely to the Customer’s
computer, Customer may purchase a Br1comp service to address the issue at a 15% discount from the
regular service price.
Customer pre-requisites: The Service requires a functioning high-speed Internet connection, and up-todate
antivirus software installed on the PCs.
3. PAYMENT
If Customer would like to continue the Service after expiration of the initial Service period, Customer
agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates
in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are
nonrefundable. Br1comp may change the fees and charges then in effect, or add new fees or charges,
by giving Customer notice in advance.
If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of
each 12-month period, unless Br1comp terminates the subscription or Customer notifies Br1comp
of his or her decision to terminate the subscription. Br1comp will bill all charges automatically to
Customer’s credit card at the beginning of every renewal period, at the rates then in effect, unless
Customer notifies Br1comp otherwise. Br1comp will notify Customer of the pending subscription
renewal at least 30 days prior to the date the subscription is scheduled to renew, except as otherwise
required by law. Customer must cancel his or her subscription before it renews in order to avoid billing of
subscription fees for the renewal term to his or her credit card.
4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
Br1comp may change the terms and conditions of the Service from time to time. Upon any change in
the terms and conditions of the Agreement, Br1comp will notify you by posting the changes to the site
from which you purchased the Services. Br1comp reserves the right to modify or discontinue the
Service with or without notice to Customer. Br1comp shall not be liable to Customer or any third party
should Br1comp exercise its right to modify or discontinue the Service. Customer’s continued use of
the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service
Terms and its modifications.
5. PRIVACY POLICY
It is Br1comp’s policy to respect the privacy of its Customers. For information on our privacy
practices, please call 817-376-7039 or review our privacy policy at
6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Br1comp servicing any Customer equipment it is Customer’s
responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer
disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other
electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks,
cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not
Customer requests back-up services from Br1comp and/or its third party service provider, neither br1comp
nor its third party service provider shall be liable under any circumstances for any loss, disclosure,
alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks,
laser disks, cassettes, DVDs, film or other media.
7. LIMITATIONS TO SERVICE
Br1comp shall not be liable for any failure or delay in performance due to any cause beyond its
control. Br1comp and/or its third party service providers reserve the right to refrain from providing the
Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the
minimum system requirements are not met or the technical needs (including wiring or overcoming
physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond
the scope of these Service Terms, as determined by Br1comp.
8. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Br1comp (and its affiliates and their
respective officers, directors, employees and agents) from and against any and all losses, costs,
obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances,
security interests, settlements, judgments, and other expenses, (including but not limited to cost of
defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited
to, damage or destruction to property, injury (including death) to any person or persons, which are
asserted against, incurred, imposed upon or suffered by Br1comp by reason of, or arising from: (a)
Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent,
copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s
actual or alleged failure to promptly pay sums due Br1comp or third parties; (d) Customer’s failure to
comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its
officers, directors, employees or agents).
9. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BR1COMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BR1COMP MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES BR1COMP MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S
OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM BR1COMP
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH
CUSTOMER.
10. LIMITATION OF LIABILITY
BR1COMP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BR1COMP HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is Customer’s responsibility to back-up the software and data that is stored on
Customer’s computers, hard disk drive(s), and/or on any other storage devices
Customer may have, and Br1comp shall not be responsible at any time for any loss,
alteration, or corruption of any software, data, or files. Br1comp shall not be liable
in any way for damages arising from any part, equipment, peripheral, software or other
product supplied to Customer by Br1comp. Notwithstanding any language to the
contrary, Br1comp’s maximum liability to Customer arising from or related to Br1comp
under this Agreement shall be limited to the sums paid by Customer to Br1comp
under this Agreement during the three months prior to the time the cause of
action arose.
11. LAWS
These Service Terms shall be governed by and construed in accordance with the laws of the State of
Minnesota, excluding its conflict of law provisions. Customer and Br1comp agree to submit to the
exclusive jurisdiction of the courts in Minneapolis, Minnesota. If any provision(s) of the Agreement is
held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full
force and effect. Customer and Br1comp agree that any cause of action arising out of or related to this
Service must commence within one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
Last Revised- October 23, 2011