Terms and Conditions

Your use of the nxt-it.com web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from Next IT Solutions (NIT) is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with NIT unless there is a written contract signed by an officer of NIT.

Upstream Tech, Inc. DBA Next IT Solutions (NIT) will use its best efforts to resolve customer’s technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Response times may be delayed due to research and inquiries, as may be necessary. NIT does not assure that every request for technical support will be resolved. NIT’s consultations constitute of only advice and suggestions. Technical problems may be a result of software or hardware failure, corruption or user error and may not be correctable. NIT reserves the right to refrain from providing any or all services ordered and refund your payment if reasonable minus any labor, parts, or any other charges that may apply or occur, wholly or in part, if minimum system requirements are not met or if technical conditions or customer requirements are unusual, extensive, or beyond the scope of this service agreement or beyond the technicians control as reasonably determined by NIT. NIT will never share anything that they may find or come across from a customer’s computer/hard drive unless illegal content or forced upon by law enforcement.

Service appointments and on-site work for break-fix or pay-per-call customers, the following applies unconditionally. Pricing is set for standard residential at $139.00 per hour and $159.00 per hour for residential networking or home businesses with a two-hour minimum. Only card is accepted for the two-hour minimum and must be paid prior to the scheduled appointment. No refunds will be accepted. Business customers are billed at $179.00 per hour with a one hour minimum. Check or card is accepted for business customers only.

Walk-in customers must pay a $99.00 non-refundable diagnostic fee upon checking-in of a computer or device. This diagnostic fee is applied to the customer’s (you) total repair costs upon conditional approval. For rush services, a $120.00 no refundable fee is required. This rush fee does not apply to the total cost of the repair. You agree to pay fees in accordance with NIT’s rates and policies posted on our website and enacted from our corporate pricing structure.

By signing this form, you agree to pay NIT in full for products and services rendered that have been approved by the customer verbally in person, over the phone (on a recorded line) or via email. Failure to pay will result in legal actions in which you agree to pay for all legal costs, including all collection fees incurred by NIT to obtain payment. Any check not honored upon presentation to a bank will incur $35 bad check fee each time it is presented to a bank or whatever maximum is allowed by law, whichever is greater. You agree to pay the total invoice in full within 30 days. If payment is not paid within 30 days of the ticket’s completion or invoice creation, a 10% late fee will be added to the total bill. This process will repeat every 30 days until the bill or invoice is paid in full. There are no exceptions.

You understand and agree that prior to contacting or allowing NIT to perform diagnostic repair or any other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that NIT shall not be responsible under any circumstance for any loss or corruption of data and/or software or hardware or any other parts as well as CD’s/DVD’s etc. You also acknowledge if a system re-installation occurs, you will lose all files and programs on your hard drive. Any computer or other computer related items, such as, software, hardware, monitors, computers, towers, laptops, not picked up or any unpaid fees that are due that go beyond 90 days, you give NIT the right to take ownership of any and all said items.

NIT will not be held responsible for any problems arising from third party software installed on your computer by our technicians, you, or a third party. NIT will not be held liable for lost data due to hardware failure, virus, spyware, corruption or any other situation. If any problems with third party software or hardware arise, it is your responsibly to obtain support from the manufacturer of the product at fault. Under no circumstances shall NIT 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 NIT or out of the installation, de-installation, use of, or inability to use your computer equipment, hardware, peripherals, or the network as a result of the services provided hereunder. NIT shall not be liable for any failure or delay in performance due to any cause. If NIT’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of NIT, NIT may choose not to provide services.

You will agree to release and hold harmless NIT from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by NIT and all of their employees. This includes but is not limited to data loss or lack of function in any component or element of your computer system and/or peripherals as a result of NIT’s actions or the actions of its agents, partners, and/or third-party service providers. You agree that NIT’s total liability for damages related to its provision of services is limited to the total amount you pay for such services, and you release NIT from liability for any indirect, incidental, special, or consequential damages. By using this site or any of NIT services, you are claiming the computer is yours or you have permission to allow NIT to perform all work necessary and grant NIT unlimited access to your computer, while claiming the computer or any other items are not stolen or any other unlawful act.