Berkeley Computer Services – Terms of Service

Effective Date: September 7, 2026

1. Acceptance of Terms

Welcome to berkeleycomp.com, operated by Berkeley Computer Services (“Company,” “we,” “us,” or “our”). By accessing or using our website or engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our website or services.

2. Description of Services

Berkeley Computer Services provides computer repair, IT support, and related technology services to residential and small business clients in Ocean County, NJ and surrounding areas, including:

• Computer and device diagnostics and repair
• Virus and malware removal
• Data recovery
• Network setup, troubleshooting, and low-voltage cabling
• Remote and on-site technical support
• General IT consulting for small businesses

Services are generally provided on a per-job or hourly basis rather than a recurring managed-services contract, unless a separate written agreement states otherwise. Specific scope and pricing for a given job will be communicated before or at the time of service.

3. Service Calls, Diagnostics, and Fees

• A one-hour minimum fee applies to all service calls, whether on-site or remote, and whether conducted over the phone or in person. This fee applies even if you decide not to proceed with a recommended repair after diagnosis.
• Time is billed by the hour or any portion thereof (e.g., 1 hour and 50 minutes is billed as 2 hours). Rounding and any accommodations are solely at the discretion of Berkeley Computer Services. This rate is inclusive of travel time to and from the job site – there is no separate travel fee.
• Estimates given before a full diagnostic are preliminary; the final scope and cost may change once the issue is fully assessed.
• We reserve the right to decline service, including for equipment involved in an ownership dispute, legal proceeding, or where valid credentials cannot be provided.

4. Client Responsibilities

You agree to:

• Provide accurate information about the device, issue, and any relevant account credentials
• Back up your data before service begins. See Section 6 below.
• Ensure you have the legal right to have the device serviced (see Section 3)
• Pay for services as invoiced
• Provide reasonably safe and accessible conditions for on-site work, including control of dogs and other pets during the visit.

5. Payment Terms

• Payment is due upon completion of service unless otherwise agreed in writing.
• Invoices not paid within 30 days may incur a late fee of 1.5% per month, or the maximum rate permitted by law, whichever is lower.
• We reserve the right to hold repaired equipment until payment is received in full.
• Payment is not considered received until funds actually clear or a card charge settles. A bounced check, stopped payment, or reversed charge is treated as non-payment.
• A returned-item fee of $35 (or the maximum permitted by law, whichever is greater) applies to any check or payment that is returned, stopped, or reversed for any reason.
• Following any returned check, stopped payment, or reversed charge, we may require certified funds, cash, or card payment for all future service.
• You are responsible for any applicable taxes.

6. Data Loss and Backup Disclaimer

You are solely responsible for backing up your data before any service begins. Repairs, diagnostics, malware removal, hardware replacement, and software updates all carry an inherent risk of data loss or corruption, even when performed with reasonable care and using industry-standard practices.

Unless you have engaged us specifically and in writing for a data backup or data recovery service, we assume no responsibility for data loss, corruption, or unrecoverability of any kind arising from our services – including data loss caused by pre-existing hardware failure, drive degradation, malware damage already present before our involvement, or any other pre-existing condition of the device. If you have not confirmed to us that your data is backed up, we may proceed with service on the understanding that you have accepted this risk.

7. Intellectual Property

All content on our website – text, graphics, logos, and images – is the property of Berkeley Computer Services or its licensors. You may not reproduce, distribute, or create derivative works from it without our prior written consent. Any custom scripts, configurations, or documentation we create specifically for your environment during a service engagement remain governed by the terms of that engagement.

8. Acceptable Use

You agree not to use our website to violate any law, transmit malware, attempt unauthorized access to our systems, or interfere with the operation of our website.

9. No Guarantee of Outcome

Computer repair carries inherent uncertainty. We will use professional skill and reasonable care, but we do not guarantee that any specific repair will fully resolve an issue, that hardware will not fail again or fail differently after service, or that a device is economically worth repairing – assessments we will communicate to you as part of the diagnostic process.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERKELEY COMPUTER SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES, ARISING FROM OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including but not limited to acts of God, civil unrest, terrorism, third-party service outages, or manufacturer/supplier issues.

11. Indemnification

You agree to indemnify and hold harmless Berkeley Computer Services and its employees, contractors, and agents from claims, damages, and reasonable expenses (including attorney’s fees) arising from your breach of these Terms or your violation of applicable law.

12. Dispute Resolution

Any dispute arising from these Terms or our services shall first be addressed through good-faith negotiation. Disputes within the jurisdictional limit of the New Jersey Small Claims Court ($5,000 or the limit then in effect) shall be brought in that court. Disputes exceeding that limit shall be brought in the Superior Court of New Jersey, Ocean County, or other court of competent jurisdiction. Nothing in these Terms requires binding arbitration.

13. Termination

We reserve the right to decline or discontinue service at our discretion, including for non-payment, unsafe conditions, or disputed ownership of equipment. Provisions that by their nature should survive termination – including Sections 6, 10, 11, and 12 – remain in effect.

14. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY STATED IN A WRITTEN INVOICE OR AGREEMENT, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles.

16. Modifications to These Terms

We may modify these Terms at any time. Changes take effect upon posting to our website.

17. Severability

If any provision of these Terms is found unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remainder shall remain in effect.

18. Entire Agreement

These Terms, together with any applicable service agreement or invoice terms, constitute the entire agreement between you and Berkeley Computer Services regarding your use of our website and services.