We appreciate your business. The following terms and conditions will enable us to provide you with the best possible service. “We” or “us” refers to Top Notch Group, L.L.C. “You” refers to the customer.

Warranties

Unless otherwise noted at the time of service, all work performed by us carries a 6 month warranty on parts, and a 90-day warranty on labor. If the warranty terms vary from the foregoing, such variance will be noted on the estimate or invoice.

New computer systems will typically have longer warranties, which vary by application.

Used equipment carries no warranty unless stated otherwise in writing at the time of sale.

All warranties run from the date of invoice, NOT the date that the equipment is delivered to or picked up by you.

You must inform us of any warranty claim promptly upon your discovery of any defect and you must deliver the equipment to us at your expense for warranty service. Our obligation under any warranty claim is limited to repair or replacement of the faulty equipment. We may determine, in our sole discretion, that repair or replacement is not possible, in which case we may refund the purchase price. Blind refunds will not be issued under any circumstances.

Our warranty does not cover loss or damage caused by environmental or human factors. This includes water damage, electrical surges, electrical manipulation or overclocking, impact, misuse, or general mishandling of the equipment.

Our warranty is voided if you or anyone else attempts to effect repairs on the equipment or if your account with us is delinquent.

In cases of malware removal, we will remove all virus and spyware infections contracted within 30 days of the repair for no charge. Between 30-90 days, we will do so if the malware is a repeat of the initial infection. This is contingent upon the customer utilizing an approved security program.

Returns

Return or exchange of equipment is at our sole discretion. If accepted, returns of non-faulty equipment within 30 days of invoicing will be charged a 20% restocking fee. No returns are permitted on equipment after 30 days from the date of invoice.

Shipping

We cannot be responsible for any loss of, or damage, to your equipment during shipping. This includes incoming and outgoing orders. All of our shipments are packed safely, checked, and insured with a trusted carrier. We recommend insuring any equipment you ship to us. Claims for damage during transit are the sole responsibility of the customer, and we will fully comply with all requests from customers and carriers relating to such claims.

Loaner Equipment

If you request, and if it is available, we may be able to provide you with loaner equipment for temporary use while your equipment is retained by us. We cannot guaranty the availability of loaner equipment. All loaner equipment must be returned in the same condition it was in when given to you. You may not install software on our loaner machines without prior consent. You will be responsible for the cost of repairing or replacing any loaner equipment that is lost or damaged before returned to us.

Abandoned Systems / Lack of Contact Information

We will promptly notify you when your equipment is ready to be picked up. If you do not pick up the equipment with 60 days of notice that it is ready, you will be deemed to have abandoned the equipment and we may dispose of or resell it as we deem proper. The proceeds of such disposition, if any, will be applied first to our costs in disposing of the equipment and then to any outstanding balance you may have with us.

Payment & Billing Policy

Payment is normally due upon completion of service, unless 1) A signed monthly, ongoing maintenance agreement is on file, or 2) A billing form with a valid backup credit card is on file. Equipment will not be released to you until payment is received. No mail-in orders will be shipped until payment is received.

In the appropriate circumstances and with prior approval by us, we may bill you for services or equipment. You will be required to provide a backup credit card under all circumstances. Payment by check or cash must be received within 15 days from date of invoice. For managed routine support, volume repair, or maintenance clients, payment is due no later than 30 days from the date of invoice.

Accounts not paid within the foregoing time limits will be charged interest at the rate of 1.5% per month compounded. Accounts over 60 days late may be subject to refusal of service and repossession of unpaid equipment (if applicable). Accounts over 120 days late will be referred to collections. If an account is referred for collection you agree to pay all costs of collection including reasonable attorney’s fees in the amount of 33% of the total amount owed.

In cases of business ownership transfer (merger, sale, reorganization, bankruptcy, etc.), we consider outstanding balances bound to the physical and virtual properties of the business at any given time. Changes in officers, management, or any interested parties do not release the past or present ownership/management of any liabilities or obligations that have not yet been satisfied. Accounts not in compliance may be subject to the aforementioned measures in the previous paragraph.

If any check that you give is not honored you will be responsible for all fees and charges as provided in Va. Code §§ 8.01-27.1 and 27.2. A $30.00 Returned Check Fee will be applied to the invoice balance.

Turnaround Time

Managed Services: Customers subscribed to a maintenance plan will receive same-day support for business-critical issues, regardless of day and time. We are able to respond to most instances in short order; Our guarantee is to begin assessment and start work for any incident within (2) hours of being notified, and if necessary, travel on site within (4) hours of being notified. Approved avenues of communication (dial #5 from auto attendant, or email sent to urgent@tngva.com) must be employed to guaranty the aforementioned response times. Text messages or calls to an individual’s cell phone may not properly enter our system. For normal daytime support, your attached “Maintenance Plan Welcome Form” contains your recommended non-emergency contact procedures, as they may have been curated to suit your individual needs.

Non-Managed Services: Most simple orders can be processed within 3-10 business days. When expedited service is requested, we will do our best to meet a 1-3 business day turnaround. Although we do our best, we cannot promise these turnaround times for every circumstance. Normal orders are performed with cost savings in mind, while with rush orders our focus is to provide the fastest turnaround possible. More time will be spent on rush orders, and any parts needed will be rush shipped. This normally results in a higher cost. Our advertised diagnostic fee does not apply to rush orders. We may elevate a normal order to a rush order at any time without notice if we sense the client is in a hurry (example: multiple phone calls seeking status updates the same day or next day after an order is dropped off). Please note that while granular repair techniques may be employed on your unit, We do not currently accept incomplete systems or individual system parts from the general public.

Special Rates

Certain qualifying individuals and institutions are eligible for a 10% discount on all labor we perform. Qualifying individuals include: Senior citizens, active duty military personnel, police, fire, or rescue personnel, and full-time students ages 18 and older. Individuals must request the discount in order to receive it. Qualifying institutions include: Churches, non-profit organizations with fewer than 25 employees, K-12 public & private academic institutions, and private universities with under 5,000 full-time enrolled students.

Expectation of Customer Conduct and Good Faith

We understand technology fuels the heartbeat of modern human life and corporate transactions. Going through technology-related issues and resulting financial losses can be emotionally difficult. Please bear in mind: We are here to provide a professional, competent, friendly alternative to corporate managed service firms, retail chains and traditional “shops.” Sometimes orders take longer than they should. Sometimes we’re busy and lapses in communication may occur. This does not mean we have forgotten about you, nor does it mean we care less about your situation that you do. Rude conduct, foul language, verbal abuse or threats of any kind towards a Top Notch team member may result in A) Termination of a given or ongoing service prior to completion, with no refunds, B) Forfeiture of warranty, C) Removal from premises. If we feel effective communication is not possible due to a client or employee under the influence of drugs or alcohol, the aforementioned measures may be effected.

Aiding & Abetting Circumvention of Staff NCA or NDA

Our employment agreements with our staff members and this document prohibit direct engagement between a Top Notch client and Top Notch staff member, which circumvents the administrative and billing systems of Top Notch Group, LLC. This includes A) Your employment of our staff member by contract or otherwise; B) Your receipt of our confidential or internal materials. If this agreement is breached, you will be responsible for all such gross billings and legal fees, extending for a 12-month period following a staff member’s termination of employment.

Confidentiality

Upon both parties signing an initial work order, we, Top Notch Group LLC, agree to physically and virtually guard your equipment and data to the fullest extent possible. Any customer or patient information encountered during our working relationship is for diagnostic purposes only, and will be treated as confidential. The same goes for our employees, contractors, and any involved associates. Under no circumstances will your personal, company or patient data be moved, sold, or sent anywhere without permission from our client.

Waiver of Liability

You grant permission to us to perform any action deemed necessary in our professional capacity. You release us from any liability for any data loss, or component failures, occurring during attempted repair or testing, or at any other time. We are not responsible for loss of profit, or for any direct, indirect, special, incidental, or consequential damage occurring during, after, or as a result of our provision of goods and or services. ALL CLAIMS FOR LIABILITY AND/OR LOSS INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARE HEREBY EXPRESSLY WAIVED.