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DIKOLI ENTERPRISES DBA BANDI TECH LLC – TERMS OF SERVICE

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE – THIS BANDI TECH GENERAL TERMS OF SERVICE (“SERVICE TERMS”) IS PROVIDED TO YOU (“CUSTOMER”) IN CONNECTION WITH THE BANDI TECH SERVICE THAT CUSTOMER HAS PURCHASED (THE “SERVICE”). THESE TERMS AND CONDITIONS COMPRISE THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND BANDI TECH WITH RESPECT TO THE SERVICE.

PAYMENT – UNLESS STATED IN WRITING OTHERWISE, ALL FEES AND CHARGES ARE NONREFUNDABLE. BANDI TECH MAY CHANGE THE FEES AND CHARGES THEN IN EFFECT, OR ADD NEW FEES OR CHARGES, BY GIVING CUSTOMER NOTICE IN ADVANCE. YOU HAVE REQUESTED SERVICE FROM BANDI TECH WHO WILL DIAGNOSE AND SERVICE YOUR COMPUTER AND/OR DEVICE FOR AN APPLICABLE FEE AS DESCRIBED IN THE NEXT LINE BELOW. THIS SERVICE WILL HAVE AN INICIAL DEPOSIT OF THIRTY DOLLARS ($30.00 USD) NON-REFUNDABLE. ALL PAYMENTS ARE DUE VIA CASH, CHECK, MONEY-ORDERS, CREDIT CARDS OR PAYPAL PRIOR TO, DURING OR IMMEDIATELY FOLLOWING THE COMPLETION OF SAID SERVICE AT THE DISCRETION OF THE TECHNICIAN OR CUSTOMER SERVICE REPRESENTATIVE.  CUSTOMER AGREES NOT TO SEEK A CREDIT CARD CHARGEBACK OR A DISPUTED CHARGE WITH PAYPAL. WHEN PAYING BY CHECK, CUSTOMER AGREES TO WAIT CHECK CLEARING TIME IN ORDER FOR SAID SERVICE TO BEGIN; IN THE EVENT THAT A CHECK IS DETERMINED TO HAVE INSUFFICIENT FUNDS, CUSTOMER AGREES TO PAY AN ADDITIONAL TWENTY-FIVE DOLLARS ($25) USD. CUSTOMER WILL HAVE 30 DAYS TO FULLFIL PAYMENT ONCE SERVICE HAS BEEN COMPLETED OR UNLESS STATED OTHERWISE BY EXTERNAL AGREEMENT. UPON COMPLETION OF 30 DAYS OF OUTSTANDING DEBT, CUSTOMER WILL BE BILLED AN ADDITIONAL CONVINIENCE FEE OF ONE ($1) USD FOR AN ADDITIONAL 30 DAYS. FAILURE TO COMPLETE PAYMENTS DUE AFTER 60 DAYS, CUSTOMER HAS AGREED TO HAVE THEIR INFORMATION FORWARD TO A COLLECTION AGENCY. 

MODIFICATIONS TO TERMS OF SERVICE AND SERVICE – BANDI TECH MAY CHANGE THE TERMS AND CONDITIONS OF THE SERVICE FROM TIME TO TIME. UPON ANY SUCH CHANGE, BANDI TECH WILL NOTIFY THE CUSTOMER BY POSTING THE CHANGES TO THE SITE FROM WHICH THE SERVICE WAS PURCHASED. BANDI TECH RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE WITH OR WITHOUT NOTICE TO CUSTOMER. BANDI TECH SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY SHOULD BANDI TECH EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICE. CUSTOMER’S USE OF THE SERVICE CONSTITUTES AN AFFIRMATIVE AGREEMENT BY CUSTOMER TO ABIDE AND BE BOUND BY THESE SERVICE TERMS AND ITS MODIFICATIONS.

PRIVACY POLICY – IT IS BANDI TECH’S POLICY TO RESPECT THE PRIVACY OF ITS CUSTOMERS. FOR INFORMATION ON OUR PRIVACY PRACTICES, PLEASE REVIEW OUR PRIVACY POLICY AT www.gobanditech.com/privacy or call (787) 717-1180

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA – CUSTOMER AGREES THAT PRIOR TO BANDI TECH 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, SMARTPHONES, TABLETS, 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, SD CARDS, USB DRIVES OR OTHER MEDIA FROM CUSTOMER’S PRODUCT. CUSTOMER AGREES THAT WHETHER OR NOT CUSTOMER REQUESTS BACK-UP SERVICES FROM BANDI TECH AND/OR ITS THIRD PARTY SERVICE PROVIDER, NEITHER BANDI TECH 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. (3) IN THE EVENT THAT HARD DRIVE FAILURE IS THE CAUSE OF THE REPAIR AND DATA IS UNRECOVERABLE, CUSTOMER MUST: (A) PROVIDE BANDI TECH WITH ORIGINAL EQUIPMENT MANUFACTURER’S DISKS & LICENSES TO ALLOW BANDI TECH TO REINSTALL YOUR DEVICE TO MANUFACTURER’S SPECIFICATIONS (EG. MICROSOFT WINDOWS OR MICROSOFT OFFICE LICENSES). FAILURE TO PROVIDE SUCH INFORMATION WILL FORFEIT CUSTOMER’S RIGHT TO THEIR OEM SOFWARE AND THUS AGREES NOT TO HOLD BANDI TECH ACCOUNTABLE FOR DATA AND LICENSES LOST DUE TO HARD DRIVE FAILURE. (B) PROVIDE BANDI TECH WITH THEIR PERSONAL DATA BACKUP IN THE EVENT THAT THEY PURCHASED A FULL RESTORATION SERVICE FROM BANDI TECH. (C) AGREE THAT WHEN REINSTALLING OPERATING SYSTEM TO MANUFACTURER SPECIFICATIONS, BANDI TECH WILL NOT BE ABLE TO PROVIDE OEM RECOVERY PARTITION OR RESCUE DISKS DUE TO THE FACT THAT THIS PROCEDURES ARE PROPIETORY OF EACH OEM; HOWEVER BANDI TECH MAY PROVIDE OPTITIONAL RECOVERY DISKS CREATED FROM THE NEW INSTALLATION FOR AN ADDITIONAL SERVICE FEE.

LIMITATIONS TO SERVICE – BANDI TECH SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. BANDI TECH 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 BANDI TECH.

TRANSFER OR INSTALLATION SERVICES – IF SERVICE INVOLVES TRANSFERRING INFORMATION OR INSTALLING SOFTWARE, CUSTOMER AGREES  TO HAVE LEGAL RIGHTS TO OWN AND/OR COPY THE INFORMATION, TO USE THE SOFTWARE AND AGREE TO THE TERMS OF SAID SOFTWARE LICENSE, THEREBY AUTHORIZING BANDI TECH TO TRANSFER THE INFORMATION AND ACCEPT SUCH TERMS ON CUSTOMER’S BEHALF WHILE PERFORMING THE SERVICE. IF SUCH SOFTWARE OR INFORMATION IS DETERMINED TO BE ILLEGAL TO INSTALL OR POSSESS, BANDI TECH WILL NOT BE HELD RESPONSIBLE FOR INSTALLING OR TRANSFERING UN-AUTHORIZED SAID SOFTWARE OR INFORMATION RECEIVED ON BEHALF OF THE CUSTOMER. IN THE EVENT THAT CHILD PORNOGRAPHY IS DISCOVERED IN CUSTOMER’S DEVICES WHILE BEING SERVICED, BANDI TECH WILL INFORM THE AUTHORITIES OF SUCH CONTENT.

INDEMNIFICATION –  CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BANDI TECH (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 BANDI TECH 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 BANDI TECH 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).

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. BANDI TECH 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. BANDI TECH 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 BANDI TECH 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 BANDI TECH 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. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; BANDI TECH WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA. IN SERVICING YOUR COMPUTER, BANDI TECH WARRANTS THAT SERVICE WILL BE PERFORMED TO THE BEST OF OUR ABILITY. ALL SERVICES WITH THE EXCEPTION OF MALWARE REMOVAL ARE WARRANTED FOR A PERIOD OF 30 DAYS AT THE DISCRETION OF BANDI TECH. VIRUS AND MALWARE REFUNDS AND WARRANTY APPLY TO FIXING THE SAME VIRUS/MALWARE AGAIN FOR A PERIOD OF 7 DAYS FROM INITIAL REPAIR AND DO NOT APPLY TO NEW VIRUSES OR MALWARE RECEIVED/INFECTED AFTER INITIAL SERVICE DATE. CUSTOMER AGREES THAT VIRUS AND MALWARE CANNOT BE REMOVED 100% FROM ANY OPERATING SYSTEM HENCE IF A VIRUS AND MALWARE INFECTION IS STILL PRESENT IN SAID SYSTEM, A TECHNICIAN WILL RECOMMEND TO REFORMAT THE DEVICE. FAILURE TO FOLLOW RECOMMENDATIONS, CUSTOMER FORFEITS THE RIGHTS TO A REFUND DUE TO VIRUS OR MALWARE INFECTION.

LIMITATION OF LIABILITY –  BANDI TECH 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 BANDI TECH 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 BANDI TECH SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, OR FILES. BANDI TECH SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGES ARISING FROM ANY PART, EQUIPMENT, PERIPHERAL, SOFTWARE OR OTHER PRODUCT SUPPLIED TO CUSTOMER BY BANDI TECH. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, BANDI TECH’S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATED TO BANDI TECH UNDER THIS AGREEMENT SHALL BE LIMITED TO THE SUMS PAID BY CUSTOMER TO BANDI TECH UNDER THIS AGREEMENT DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.

TERMINATION – EITHER CUSTOMER OR BANDI TECH MAY IMMEDIATELY TERMINATE THE SERVICE UPON WRITTEN NOTICE TO THE OTHER PARTY. UPON TERMINATION OF THE SERVICE, CUSTOMER'S RIGHT TO USE THE SERVICE IMMEDIATELY CEASES. CUSTOMER SHALL HAVE NO RIGHTS AND BANDI TECH WILL HAVE NO OBLIGATIONS REGARDING THE SERVICE THEREAFTER.

LAWS – THE SERVICE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMON WEALTH OF PUERTO RICO, EXCLUDING ITS CONFLICT OF LAW PROVISIONS. CUSTOMER AND BANDI TECH AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS IN SAN JUAN, PUERTO RICO. IF ANY PROVISION OF THE SERVICE TERMS IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO LAW, THEN SUCH PROVISION 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 BANDI TECH 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. IN THE EVENT ANY DISPUTE ARISES UNDER THIS AGREEMENT OR IN ANY MANNER CONCERNING THE SUBJECT MATTER THE CUSTOMER “PLAINTIFF” AGREES TO PAY BANDI TECH “DEFENDANT” ALL COSTS AND EXPENSES OF SUCH PROCEEDINGS, INCLUDING ANY AND ALL RESULTING ATTORNEY AND LEGAL FEES. 


CONTACT INFORMATION:
    FOLLOW THE DIRECTIONS ON AN E-MAIL OR DIRECT MAIL MARKETING COMMUNICATION YOU RECEIVE FROM US.
    CALL 1-787-717-1180 WITH YOUR REQUEST AND CURRENT CONTACT INFORMATION.
    SEND AN E-MAIL WITH YOUR REQUEST AND CURRENT CONTACT INFORMATION TO: ADMIN@GOBANDITECH.COM
    SEND A LETTER WITH YOUR REQUEST AND CURRENT CONTACT INFORMATION TO:
    BANDI TECH LLC
    352 AVE. SAN CLAUDIO, PMB-149
    SAN JUAN, PR 00926

LAST REVISION DATE: 01.23.2014