CYBORG TECH SERVICES LLC
This Service Agreement and Liability Waiver (the “Agreement”) is entered into by and between Cyborg Tech Services LLC (“Service Provider”) and the undersigned customer or client (“Client”), collectively referred to as the “Parties.”
By signing this Agreement, the Client agrees to the terms and conditions outlined below and acknowledges the included Liability Waiver.
1. Scope of Services
The Service Provider agrees to perform technical support services as requested by the Client, including but not limited to:
• IT troubleshooting and configuration.
• Network setup and optimization.
• Installation and maintenance of software and hardware.
Exclusions:
The Service Provider does not:
1. Perform component-level repairs on devices, except for desktop computers with clearly accessible and modular components designed for easy replacement or upgrades.
2. Provide construction services, including but not limited to:
• Structural modifications to accommodate networking equipment, server installations, or other technology setups.
• Drilling, running wires through walls, ceilings, or floors, or any other physical alterations to a property.
• These tasks should be performed by licensed construction or cabling professionals as appropriate.
3. Perform data recovery services, including recovery of lost, corrupted, or deleted data from storage devices or systems.
4. Provide third-party software support requiring vendor authorization or licenses
5. Repair physical damage, such as cracked screens, liquid damage, or structurally damaged devices.
6. Install server systems or perform deployments for large enterprises or data centers.
7. Work on legacy or obsolete systems no longer supported by their manufacturer.
8. Reverse or fix unauthorized hardware/software modifications (e.g., jailbroken or rooted devices).
9. Run network cabling or perform electrical work, which must be completed by licensed professionals.
10. Remediate severely compromised networks requiring incident response teams.
11. Develop custom software or applications.
12. Perform physical repairs on peripherals like printers, scanners, or monitors.
13. Conduct component-level repairs for mobile devices such as smartphones or tablets.
14. Manage or migrate third-party cloud services unless explicitly contracted.
15. Create disaster recovery or business continuity plans outside of specific service agreements.
Facilitation of Services:
If any excluded services are required, the Service Provider may assist the Client by contracting third-party providers. This facilitation is provided solely as a convenience, and the Service Provider is not liable for the actions or outcomes of third-party providers.
2. Deposits and Payments
• A deposit of $69 (for Home Tier services) or $99 (for Small Business Tier services) is required for any onsite service booking.
• The deposit will be credited toward the total cost of any booked service.
• If the Client declines additional work after the onsite assessment, the deposit will be retained by the Service Provider to cover time, travel, and related expenses.
3. Client Responsibilities
• Data Backup: The Client is responsible for backing up all relevant data before services begin. The Service Provider is not liable for data loss during service.
• Accurate Information: The Client must provide accurate and relevant information about the devices, systems, and issues requiring service.
• System Access: The Client must ensure the Service Provider has sufficient access to the systems, devices, or networks to complete the requested services.
4. Cancellations
• A minimum of 24 hours’ notice is required for cancellations or rescheduling.
• If notice is not provided within 24 hours, the deposit will be retained by the Service Provider as a cancellation fee.
5. Confidentiality
The Service Provider will keep all sensitive customer information confidential and secure. This includes but is not limited to:
• Access credentials for systems or accounts.
• Personal or business data encountered during the performance of services.
6. Limitation of Liability and Waiver of Claims
To the fullest extent permitted by law, the Client acknowledges and agrees to the following:
1. Standard of Care:
Cyborg Tech Services LLC will perform all services to the best of its ability and in accordance with industry standards and best practices.
2. Assumption of Risk:
The Client acknowledges that certain risks are inherent in the provision of IT services, including but not limited to:
• Loss or corruption of data.
• Service disruptions or outages during troubleshooting or repair.
• Accidental hardware or software damage.
• Incompatibilities, defects, or malfunctions in third-party hardware or software.
• Delays resulting from unforeseen technical issues or external dependencies.
The Client voluntarily assumes all risks associated with these services.
3. Waiver of Claims:
Cyborg Tech Services LLC shall not be held liable for:
• Loss or corruption of Client’s data.
• Financial losses, including but not limited to lost revenue, business interruptions, or increased operational costs.
• Damage to hardware or software, whether accidental or incidental.
• Failures or malfunctions in third-party hardware, software, or services.
• Issues arising from Client-provided equipment, tools, or instructions.
4. No Guarantee of Outcome:
Cyborg Tech Services LLC will make every reasonable effort to resolve the Client’s technical issues; however, no guarantees are made regarding specific outcomes, resolutions, or results.
7. Indemnification
The Client agrees to indemnify and hold harmless the Service Provider, its employees, agents, and contractors, from any claims, damages, or liabilities resulting from:
• The Client’s failure to fulfill their responsibilities under this Agreement.
• Issues arising from third-party services facilitated on the Client’s behalf.
8. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
9. Termination of Agreement
Either Party may terminate this Agreement under the following conditions:
• By the Client: The Client may terminate the Agreement at any time by providing written notice to the Service Provider. Deposits are non-refundable unless otherwise agreed.
• By the Service Provider: The Service Provider may terminate the Agreement immediately if:
1. The Client fails to provide required access, accurate information, or backups.
2. The Service Provider identifies the requested service as being outside the agreed-upon scope of work.
3. Unforeseen circumstances prevent the completion of services, at which point the deposit will be refunded if no work was initiated.
Termination does not absolve the Client of any unpaid balances for services already rendered.
10. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflicts of laws principles.
11. Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding the services provided and supersedes all prior agreements, discussions, or understandings.
12. Acknowledgment of Understanding
By signing below, the Client acknowledges that they have read, understood, and agreed to the terms of this Agreement, including the Liability Waiver and all exclusions outlined.
