Terms of Service
The following are Personal Technology Solutions d/b/a Cartwheel's ("Cartwheel", "we", "us") terms of service ("Terms of Service").
SERVICES
Cartwheel will provide diagnostic, repair, consulting and maintenance technology services ("Services").
RATES
Our standard rates are:
$175 per hour – phone and on-site services between 8:30 AM and 6:30 PM
$250 per hour – phone and on-site services after 6:30 PM, on Weekends, and on Cartwheel Holidays.
There is a one hour minimum for on-site services and ¼ hour minimum for phone support.
Travel outside of New York City is subject to a travel surcharge. Travel within a 30 mile radius of NYC will be assessed a flat $150 travel surcharge. Travel outside the 30 mile radius will be charged an additional $3/mile. All Travel fees are subject to a 50% increase on Nights, Weekends, and Cartwheel Holidays. For travel rates to Eastern Long Island (including the Hamptons), please call. Travel distance will be calculated using Google Maps™, one-way, from Cartwheel office to Client site. Cartwheel reserves the right to charge travel for locations inside New York City, however we will inform you before a visit in which travel charges will be incurred.
Cartwheel may offer or Client may request an estimate for Services. Please note that the amount billed will be based on actual hours worked, even if they exceed the estimate. Any Services rendered at a flat-rate (other than the Special Services described below) shall be set forth on a separate Statement of Work signed by the parties and such Services shall be otherwise subject to these Terms of Service.
Cartwheel may review these rates from time-to-time, and the rates may be changed in accordance with these reviews. Cartwheel will make reasonable efforts to notify you before any rate changes.
SPECIAL SERVICES
Computer Purchasing Consultation: $87.50 flat fee per computer
Small Business Initial Survey: $175 flat fee
Data Recovery Consultation: $87.50 flat fee, applicable towards data recovery fee.
Data Recovery Fee: Fee will be agreed upon during Data Recovery Consultation.
GUARANTEE FOR SERVICES
We stand behind all our work. For in-person visits, we guarantee our work for a period of 10 days. For phone or remote support, we guarantee our work for a period of 5 days. If you are unsatisfied with our Services, and notify us at 212 206 9619 within the stated time period, we’ll come and take care of it at no additional charge. After the stated time, Services will be deemed accepted in full.
GUARANTEE FOR EQUIPMENT
During the course of providing Services, we may offer, or you may request, that we provide various computers, software, and other peripherals ("Equipment") to you. All Equipment, except software, can be returned to Cartwheel for a period of 10 days, and must be in "like new" condition, including the original packaging. Software cannot be returned.
PAYMENT POLICY
Upon completion of Services, Cartwheel will e-mail an invoice to the e-mail address specified. Ten (10) days after sending an invoice, Cartwheel will charge the credit card on file for all charges. Equipment will be charged to the credit card on file at the time of ordering, and a receipt will be sent to your billing e-mail address.
You are responsible for informing Cartwheel of any changes in your billing e-mail address. To ensure you receive our invoices in a timely fashion, please add "billing@cartwheelit.com" to your e-mail white list or address book (please contact us if you'd like our help doing this). If our charge to your credit card is declined, we will make reasonable efforts to contact you; if we are unable to contact you for a period of ten (10) days, you may be charged, and agree to pay, a 1.5% per month finance charge
Notwithstanding the above, Cartwheel requires a deposit equal to 50% of the estimated price for any Services totaling over $1,000. You agree to pay this deposit before Services commence.
BY ACCEPTING THESE TERMS OF SERVICE, YOU HEREBY AUTHORIZE CARTWHEEL TO AUTOMATICALLY CHARGE YOUR CREDIT CARD FOR THE FULL AMOUNT OF ANY INVOICE, INCLUDING ALL APPLICABLE STATE AND LOCAL TAXES.
DISPUTING AN INVOICE
We do our best to provide you with clear, timely and accurate invoices. However, we strongly encourage you to examine every invoice you receive. If you feel an invoice is in error, you must contact us by calling 212 206 9619 or e-mailing billing@cartwheelit.com within 10 days of the date we sent the Invoice. We will not charge a disputed invoice on your credit card until we have resolved the dispute with you.
APPOINTMENT CANCELLATIONS
Appointment cancellations must be made more than 24 hours before the appointment by calling 212 206 9619. Appointments canceled within 24 hours will be accessed a $87.50 cancellation fee. Any applicable cancellation fees will be invoiced, and charged according to our Payment terms above.
BACKING UP
Working on computers always carries a risk of losing programs and data. It is your responsibility to back up all software and data that is stored on your computer or other storage devices before our visit. Upon your request, Cartwheel can back up important data prior to working on your computer systems, subject to applicable fees. Cartwheel shall not be responsible at any time for any loss, alteration, or corruption of any software, data or files.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CARTWHEEL (OR ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILAITES OR AGENTS), OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY CARTWHEEL AND/OR ITS THIRD PARTY SERVICE PROVIDER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVER IF CARTWHEEL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY AMOUNT RECOVERABLE BY CLIENT AGAINST CARTWHEEL IN ANY ACTION ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF PAYMENTS ACTUALLY MADE TO CARTWHEEL FOR THE SERVICES FOUND TO BE THE PROXIMATE CAUSE OF THE DAMAGE DURING THE TWELVE WEEK PERIOD PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
FORCE MAJEURE
If Cartwheel's ability to render services is impaired by you or circumstances beyond the control of Cartwheel, Cartwheel may choose not to provide Service.
NON-SOLICITATION OF EMPLOYEES
Client will not, during the period commencing on the date of first delivery of Service and ending one (1) year after the termination of any person's employment with Cartwheel, directly or indirectly employ, nor engage as a consultant, any such person. Client agrees that the remedy at law for any breach of the foregoing provisions of this paragraph shall be inadequate and that Cartwheel shall be entitled to injunctive relief without proof of irreparable injury and without posting bond in the event of such breach in addition to any other remedy it might have.
SEVERABILITY
If any provision of these Terms Of Service is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of these Terms of Service remain legal and enforceable, the remainder of these Terms of Service shall remain operative and binding on Cartwheel and Client.
ENTIRE AGREEMENT
These Terms of Service supersede all prior understandings, agreements, and documentation. They may be modified or amended only through signed or documented electronic acceptance of both parties.
Privacy Statement
Cartwheel ("Cartwheel") takes your privacy and protection of your personal information very seriously. All our employees are educated in our privacy practices. If you have any questions about the protection of your information, please call us at 212 206 9619.
The Cartwheel privacy policy describes the information and privacy practices provided for our home and office visits and for our web site. For business clients, Cartwheel is also bound by any confidentiality clause in your signed agreement with Cartwheel. When you provide Cartwheel with your personal information, you consent to the information practices described in this policy.
INFORMATION COLLECTED
Cartwheel may collect personal information such as your name, address, phone number, e-mail, and credit card numbers. In addition, Cartwheel may collect information about your computer systems such as model types, numbers, user names and passwords.
USE OF INFORMATION
Cartwheel uses your personal information and system information (collectively "Personal Information") to provide you with the best service possible. Cartwheel may also use your Personal Information for marketing, promotions, discounts, internal research, sweepstakes or surveys. Cartwheel will never sell or rent your Personal Information. Cartwheel may need to share your Personal Information with third parties that are service providers to Cartwheel, such as mailing services. All these services are required by Cartwheel never to sell, rent, or share your Personal Information. In cases in which your employer has contracted Cartwheel to provide you with Services, Cartwheel may share with your employer only Personal Information that can help your employer provide you with ongoing technical support.
INFORMATION SECURITY
Cartwheel makes all reasonable efforts to protect your Personal Information, including high-tech encryption, security passwords, and document shredding. Cartwheel cannot, however, guarantee the security of sensitive Personal Information transmitted by e-mail to Cartwheel, and you do so at your own risk.
REMOTE ACCESS
Cartwheel may put remote access software on your computer to allow us to help you over the Internet without visiting your home or office. This third party software is secured by high-tech encryption and is considered very safe; however Cartwheel does not warrant this third party software and cannot guarantee its safety. If you would like Cartwheel to remove or not place third party remote access software on your computer, please call 212 206 9619.
MARKETING CHOICES
Cartwheel respects your time and your privacy, and is an opt-out organization. If you prefer not to receive newsletters, offers, discounts, or other marketing information, you can either follow instructions to "opt-out" on all pieces of Cartwheel marketing, or you can call us at 212 206 9619. Please note that it may take up to ten (10) days to remove you from our mailing lists.
LINKS TO OTHER SITES
The Cartwheel web site, and some Cartwheel marketing information, may contain links to third party sites. Cartwheel is not responsible for the content or privacy practices of these sites.
CHANGES
Cartwheel may change elements of its Privacy Policy from time to time. All changes will be posted here before they take effect.
