Terms of Service

Last Updated: 6/14/2017

Welcome to Silverleaf!

Thanks for using our products and services (“Services”). The Services are provided by Silverleaf Computer Services Inc. (“Silverleaf”, “we”, “us”), located at 14320 Ventura Boulevard #340, Sherman Oaks, CA 91423, United States.

By using our Services, you (“Client”) are agreeing to these Terms. Please read them carefully. If you are using our Services on behalf of a business, you must be an authorized representative of that business, and that business accepts these Terms.

Privacy, Your Account Information and Authorization

We think that the protection and security of your account information is extremely important, which is why our Services are provided in accordance with our Privacy Policy.

Your account may contain personally identifiable information including your full name, job title, company name, phone number, email address, service location address, and billing address. Your account may also contain non-personally identifiable information including login credentials and system hardware and software specifications. We take great care in protecting this information from unauthorized access.

Using our Services

We offer On-site computer support and IT consulting Services for both Home and Business clients, as well as Project services, Service Plans, and Remote Service. To schedule Service or to learn more information about a Service, please contact us.

On-site Service: We offer On-site Service to diagnose, troubleshoot, and resolve a range of computer software, hardware, and network related issues at your home or business Service Location. On-site Service begins when we arrive at your Service Location to begin work on your Service Request. On-site Service has a minimum charge of $199 and includes one (1) hour of service. Additional On-site Service hours are billed at an hourly rate ($149/hr) and rounded to the nearest half hour. A Travel Fee of $39 applies for Service Locations outside of our 15 mile service area. When the Service is complete we will issue an Invoice to you.

Project Service: For Service Requests that require advanced planning, multiple deliverables, and performance monitoring over a period of time, we offer a range of Project Services for our clients. Project Service includes a number of On-site and Remote service hours to be used over an Estimated Project Duration: if a Project is delayed for two (2) weeks past the Estimated Project Duration, and the Client has not paid a Project Hold Fee of thirty (30) percent (%) of the total Project Estimate, the Project will be considered complete and a final Invoice will be issued for all work performed. Project Service starts with a non-refundable Project Deposit Fee of thirty (30) percent (%) of the total Project Estimate.

Service Plans: For Clients who intend to engage Silverleaf for the purpose of providing ongoing support, consulting, and maintenance service on Client’s computer hardware, software, and data systems. Requires Service Plan Agreement.

Remote Service: We offer Remote Service for clients who wish to grant us remote control access to their computer for Service. If your computer does not have a working Internet connection, it is not eligible for Remote Service. Remote Service begins with a phone call and instructions for you to download and install remote support software. Once the remote support software is installed, we will connect to your computer and begin the remote support session. Remote Service is billed at an hourly rate ($60/hr) rounded to the nearest quarter (0.25) hour, with a quarter hour minimum charge. Remote Service is only available to Clients with an active Service Plan.

Our Services are diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Appointments, Business Hours, Overtime

ALL SERVICE IS PROVIDED BY APPOINTMENT DURING NORMAL BUSINESS HOURS. Business hours are between 9:00 AM and 6:00 PM, Pacific Time, Monday through Friday, excluding holidays and weekends. Service Requests submitted to us outside of normal business hours will be processed during the next business day. All Service performed outside of normal business hours (“Overtime”) is subject to higher hourly rates (“Overtime Rate”) that is equal to one and a half times (1.5x) the applicable On-site or Remote rate. Overtime Service is provided at our sole discretion.

Cancelling Service Appointments

If you wish to cancel or reschedule your Service appointment, you must do so by contacting us by phone call during normal business hours at least two (2) hours before your Service is scheduled to begin, or you may incur a Cancellation Fee equal to the applicable Service minimum fee. If you cancel two (2) or more Service appointments within a six (6) month period, we may ask for a prepaid deposit before you may schedule another Service appointment with us.

Total Fees, Late Fee, and Payment Terms

Your total fees will be detailed on your Invoice, and Payment is due on receipt of Invoice. A Late Payment Fee in the amount of 3% of the Invoice total will be added to your Invoice for every 30 days that it is unpaid and overdue. Payment is accepted in U.S. Dollars ($) in the form of cash, check, or credit card. All sales are final (no refunds).

Hardware Policy

We may purchase hardware for you to help complete your Service Request in a convenient and timely manner, or we may recommend hardware for you to purchase. We take great care to choose high quality and compatible hardware components. If any hardware component we choose experiences a failure, however, we will not process a hardware manufacturer’s warranty for that hardware, and standard diagnostic and service fees may apply to troubleshoot, replace, and re-install that hardware.

Backing Up Data

Prior to us servicing your computer equipment or any other hardware or software system, it is your responsibility to back up and make redundant copies of the data, software, information or other files stored on your hard disk drives or any other data storage device.

Managing Login Credentials

Occasionally we may ask you to provide us with login credentials including (but not limited to) usernames and passwords if we determine that the information is necessary and relevant to a Service. It is your responsibility to remember, store, and manage the login credentials for your local and online accounts, and to provide this information to us upon request. If we are holding any of your login credentials as part of a Service, and our business relationship with you becomes terminated, we will transfer those login credential records to you before deleting the records from our internal data systems.

We encourage you to change your login credentials including (but not limited to) usernames and passwords on a regular basis in accordance with information security best practices.

Electronic delivery of communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Silverleaf account and your use of our Services. Communications include, but are not limited to: agreements and policies you agree to (e.g., the Terms of Service Agreement and the Privacy Policy), including updates to these agreements or policies, transaction receipts or confirmations, account statements and history, any other account or transaction information. We will provide these Communications to you by posting them on our website and/or by emailing them to you at the primary email address listed in your Silverleaf account.

Modifying and Terminating our Services, Opt-Out

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Silverleaf may also stop providing Services to you, or add or create new limits to our Services at any time. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. We will put forth our best effort to ensure that your Service Request is completely fulfilled in a timely manner, based on all information received from you at the time your Service Request is submitted.

In some cases we may determine that a Service Request cannot be completely fulfilled in a timely manner due to previously unknown conditions or circumstances including, but not limited to: hardware or software incompatibilities or failures, additional hardware or software being required, time constraints, scheduling conflicts, Internet connection problems, limited availability, unsafe working conditions, you not providing correct usernames and passwords, or you not providing necessary authorization and authentication.

Silverleaf makes no express or implied warranties other than the foregoing warranty. If you have paid an Invoice for a completed Service but are not satisfied with the Service, you may request an additional follow-up Service within five (5) business days of the completed Service date. Silverleaf may grant your request for a free follow-up Service at its sole discretion.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SILVERLEAF NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, SILVERLEAF, AND SILVERLEAF’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, PASSWORDS, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SILVERLEAF, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, SILVERLEAF, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

About these Terms

We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

These Terms control the relationship between Silverleaf and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular Term is not enforceable, this will not affect any other Terms.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services.

Silverleaf may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless Silverleaf establishes a different location, arbitration hearings will be held in Los Angeles, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Thank you for taking the time to review these Terms. For information about how to contact Silverleaf, please visit our contact page.