Mac Support by Danny - Terms of Service & Privacy Policy

Mac Support by Danny

TERMS OF SERVICE

Last Updated: January 29, 2025

1. Introduction

Welcome to Mac Support by Danny (“we,” “us,” “our”). By requesting and/or using our on-site or remote support services, you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms” or “Agreement”). If you do not agree with these Terms, you should refrain from using our services.

2. Services Offered

3. Scope of Services and Limitations

  1. Diagnose & Repair: We will perform a reasonable assessment of your device(s) to diagnose, identify, and attempt to correct software, configuration, or certain hardware issues.
  2. No Guarantee of Problem Resolution: We do not guarantee that we will resolve every problem; some issues may require manufacturer intervention or replacement parts.
  3. Hardware Limitations: We may not have the ability to perform all hardware repairs. In such cases, we will advise you on alternate solutions or direct you to an authorized service provider.
  4. Client Cooperation: You agree to provide necessary access to your device(s), credentials (as needed), and any relevant documentation. Failure to do so may limit our ability to assist you.

4. Client Responsibilities

  1. Data Backup: You are solely responsible for backing up all data on your device(s) before any service is performed. We strongly recommend maintaining regular, updated backups in secure storage.
  2. Credentials: You agree to supply accurate login information, passwords, or other credentials needed to perform the requested services. You remain responsible for the security of your credentials.
  3. Working Environment: If services are performed on-site, you agree to provide a safe and reasonable working environment.

5. Release of Liability

  1. Data Loss: By engaging our services, you release us from liability for any claims or damages arising from data loss, corruption, or inability to access data.
  2. Privacy & Credentials: While we make every effort to safeguard your privacy and credentials, you release us from liability for any unauthorized access or data breach that occurs despite our reasonable security measures.
  3. Device Damage: You agree that we are not responsible for any direct or indirect damage to your device(s) during or after the performance of our services, except for damages directly caused by our gross negligence or willful misconduct.

6. Insurance

We carry both General Liability Insurance and Professional Liability (Errors & Omissions) Insurance. Our coverage may compensate you for damages under certain circumstances as defined in our policies; however, the existence of these policies does not constitute a guarantee of payment or acceptance of liability.

7. Payment Terms

  1. Pricing: Our service fees vary based on the complexity of the service, location, and duration. We will provide you with a rate estimate or quote before commencing any work.
  2. Invoicing: Invoices are due upon receipt unless otherwise agreed in writing.
  3. Late Payments: Late payments may be subject to additional fees and penalties as permitted by law.

8. Warranty Disclaimer

Our services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

Under no circumstances shall we be liable for any indirect, incidental, special, or consequential damages (including but not limited to lost data, lost profits, replacement costs, or computer failure) arising from or related to the use of our services, even if we have been advised of the possibility of such damages. Our total liability shall in no event exceed the amount actually paid by you for the specific service giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mac Support by Danny, its owners, employees, contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. Your use of our services in violation of these Terms;
  2. Your breach of any representation, warranty, or obligation under these Terms;
  3. Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right;
  4. Any other act or omission by you that results in a claim against us.

11. Dispute Resolution and Governing Law

  1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
  2. Venue: Any dispute arising out of or relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You expressly consent to the personal jurisdiction of these courts.
  3. Alternative Dispute Resolution: At our discretion, we may require that disputes first be attempted to be resolved through mediation or arbitration in Los Angeles before either party can file suit.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, along with any written quotes or statements of work, constitute the entire agreement between you and Mac Support by Danny regarding the services provided and supersede any prior agreements or understandings, whether written or oral.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective upon posting or as otherwise specified in the notice of change. Your continued use of our services after the effective date of the revised Terms constitutes your acceptance of the changes.

PRIVACY POLICY

Last Updated: January 29, 2025

1. Introduction

Mac Support by Danny (“we,” “us,” “our”) respects your privacy. This Privacy Policy describes how we collect, use, and protect your personal information.

2. Information We Collect

  1. Contact Information: Such as your name, phone number, email address, and physical address for scheduling on-site visits or providing remote support.
  2. Technical Information: Device details, error logs, and configuration data needed to diagnose and resolve technical issues.
  3. Credentials: Where necessary, we may request login credentials to perform certain tasks. We encourage creating temporary passwords or providing supervision while entering credentials whenever possible.

3. How We Use Your Information

  1. Service Provision: To deliver, troubleshoot, and maintain the requested services.
  2. Billing & Accounting: To process payments and manage invoices.
  3. Communication: To contact you regarding service updates, changes to our policies, or promotional information if you have opted in to receive such messages.

4. Sharing of Information

  1. Third-Party Service Providers: We may share your information with trusted partners who help us operate or analyze our services (e.g., invoicing platforms, scheduling tools). These partners are obligated to maintain confidentiality and use your information only to provide services on our behalf.
  2. Legal Requirements: We may disclose your information if required to do so by law or if we believe such action is necessary to comply with legal processes or protect our rights and safety.

5. Data Storage & Security

We take reasonable administrative, technical, and physical measures to protect your personal information from loss, theft, misuse, and unauthorized access or disclosure. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

6. Retention

We retain your information only as long as necessary to fulfill the purposes described in this Policy or as required by law.

7. Your Rights

Depending on your jurisdiction, you may have certain rights regarding your personal information (e.g., to access, correct, delete, or restrict processing). To exercise any of these rights, please contact us using the information below.

8. Children’s Privacy

Our services are not directed to minors under the age of 18, and we do not knowingly collect personal information from them. If you believe a child under 18 has provided us with personal information, please contact us so we can take appropriate steps to remove such data.

9. Changes to This Privacy Policy

We may update this Policy from time to time. Any changes will be effective upon posting or as otherwise specified in the notice of change. Your continued use of our services after the effective date of the updated Policy constitutes your acceptance of the changes.

10. Contact Us

If you have any questions or concerns about these Terms or our Privacy Policy, please contact us at:

Mac Support by Danny
hello@macsupportbydanny.com