Late Fees and Policies

LATE FEE TERMS AND CONDITIONS
LEGAL RECOURSE AND COURSE OF ACTION
SERVICE GUARANTEE
PAYMENT POLICY

Service Guarantee!

CRS offers 30 day guarantee on all services performed provided that any malfunction is due to incomplete work or negligence on part of CRS. If a client messes up their system after it is fixed due to their negligence or misuse of the system, then the 30-day guarantee will be voided. In special circumstances, a courtesy discount may be applied to preferred clients who accidentally damage their own systems within a few days of any service provided.

100% Customer Satisfaction Guarantee!

Remote IT Service

Remote IT Service is performed by our technicians to the best of their ability given the information provided and time allotted by the client to resolving the issues. Client also must assist to the best of their ability in diagnosing and resolving the issues as each computer, network and environment are different and client knows their computing environment and requirements better than our technician. Our technicians will attempt to resolve the issues based on their extensive computer and information systems knowledge, they will consult with other technicians if necessary or will research solutions from various sources. All such research or consultation work will be done during the remote session as technician will need to try several methods until an adequate resolution is met. Technician will also diagnose each system that they connect to remotely and will suggest several options to client for enhancing their system speed and optimizing their systems performance. It is up to client to determine whether they want the technician to perform such tasks as it will take some time to perform and will extend the remote session time. Note that every system and environment is different and it will take our technician some time to learn your system as they start the diagnostic and resolution process. The more information you as the client can provide our technicians, the smoother faster and more efficiently they can work towards resolving your issues. Communication is key, and it is the client’s sole responsibility to guide our technician and point out what the problem areas are and what resolutions they would like to accomplish. All such communication will be made via chat in the remote session and will be documented accordingly. Our goal is to ensure your satisfaction with the remote service, it is the client’s responsibility to communicate the level of satisfaction or dissatisfaction to the technician before the remote session is terminated so that the technician can ensure client satisfaction.

Billing time will start effective the moment a remote connection is made to the client, and will be billed at 15 minute increments with a 1 hour minimum charge until the client has notified the technician via email, chat or phone that the problem has been resolved to their satisfaction. Technician may at their discretion allow for leeway for several minutes after each 15 minute billing period (not to exceed 5 minutes) and not charge client the additional billing time, this is solely at the discretion of the servicing technician, and per our policy the next billing period starts one minute after the previous 15 minutes have elapsed. Note that there is a 1 hour minimum charge on all remote service calls, the minimum amount you will be billed per service call will be one hour at your billable rate.

Our technicians will attempt to resolve the issues you have at hand as quickly as possible in order for the client not to incur additional billing, however each system works at different speeds, and is set up in a different way, and our technician will need time to become familiar with the working environment and computing system structure. Especially were relevant to networked computers, some time will be needed in assessing the structure of the network and how it has been set up and configured. New clients and new systems will take longer to evaluate and diagnose, our technician will make notes of your system setup and settings so that any additional work will be done faster and any information needed will be stored in your client portal so that our technicians can easily access the information needed for future work. A small additional amount of time will be needed to document your system the first time we connect to it since there will be no prior documentation. The amount of time needed to document your system and environment cannot be predicted or approximated, but our technician will attempt to do so as quickly as possible.

CRS does not guarantee any speed of work or timeframe for resolution of issues, many factors will determine the time it takes to resolve certain issues, and CRS cannot predict or state any time amounts needed to resolve any particular issue. Any time amounts given by our technician to the client are pure assessments based on their experience and do not guarantee or approximate any specific timeframes needed to resolve any issue. CRS cannot be held liable for any time estimates given by our technicians, and client knowingly agrees that the time needed to perform any service tasks is not predictable and client agrees to pay for any time that the remote session is connected regardless of any estimates or time quotations given by our technicians. Many factors can affect the time it takes to resolve any IT related issue, including the need for access to a computer, the need for the correct login information, the need to understand and evaluate the systems and issues at hand, researching and diagnosing specific issues and proprietary issues that are not commonly found as well as other unforeseen factors and circumstances. It is the client’s responsibility to have all the necessary login information readily available, and have any computers that needs to be accessed free and available for our technicians to log into. CLIENT AGREES THAT ONCE REMOTE CONNECTION IS MADE, BILLING WILL START AUTOMATICALLY WITH A 1 HOUR MINIMUM CHARGE FOLLOWED BY 15 MINUTE PRORATED INCREMENTAL CHARGES. CLIENT WILL BE BILLED FOR AS LONG AS THE INITIAL REMOTE SERVICE SESSION IS ACTIVE REGARDLESS OF ANY CIRCUMSTANCE. ANY FACTOR THAT WILL CAUSE ANY DELAY IN THE SERVICE PERFORMED WILL NOT ALTER OR HALT THE BILLING TIME. IT IS CLIENT’S SOLE RESPONSIBILITY TO TERMINATE THE REMOTE SESSION IN ORDER FOR THE BILLING TO STOP FOR THAT REMOTE SESSION. CLIENT AGREES TO PAY THE TOTAL AMOUNT BILLED FOR EACH REMOTE SESSION REGARDLESS OF THE OUTCOME OR RESOLUTION OF ANY FACTOR OR MATTER FOR WHICH THE REMOTE SESSION WAS INITIALLY ESTABLISHED. If client terminates the remote session prematurely or by accident, then client must inform the technician via email or phone that the session was disconnected by accident prior to the next billing increment in order for the technician to reconnect to the client’s computer and continue the resolution process. If client does not communicate with the technician prior to the next billing increment than the service ticket will be closed and any further remote session will be billed as a new ticket with a 1 hour minimum charge. Our technician will provide their name and tech ID at the beginning of each remote session so that in any such case it will be easy for client to reconnect with the servicing technician.

Each service call starts and ends with the connection of the remote sessions except where the connection is interrupted by internet or other connectivity issues. In such a case the technician will attempt to immediately reconnect in order to continue the remote service. If the technician is unable to connect for whatever reason, then the service technician will attempt to contact the client via phone in order to walk them thru the resolution needed in order for them to reconnect. Such phone support will be considered part of the remote session and will be billed as a continuing time frame from the disconnection of the remote session. If the technician is unable to obtain communication with client via phone, then client will have until the next billing period increment to call CRS and get a hold of the servicing technician in order to continue the remote service. If client is not reachable by phone in such a case, and does not call in to speak with the servicing technician prior to the next billing period, then the servicing technician will close the service ticket, and client will be billed for the time spent until that point. A 1 hour minimum charge still applies in such a case even if no work has been done due to an inability to connect with the remote computer that service has been requested on. In the case of networked computers, our technician will attempt to log into as many networked computers as needed in order to resolve the issue at hand. If technician is unable to log into any of the networked computers for whatever reason, then technician will attempt to either walk client thru resolving the issues preventing remote access via chat thru the connected remote accessed computer, or via phone per client’s request. Inability to connect to a networked computer in order to resolve the issues does not absolve client from being billed for the time connected. If technician is unable to walk client thru resolving the issue remotely then technician will suggest an onsite service call to resolve the issue. Client’s refusal for onsite service constitutes as non-compliance in resolving the issues and client will be billed for the service time.

PASSWORD POLICY: CRS’ password policy is as such: Our technician will request the password for any needed login from the client as such situation presents itself. If client does not feel comfortable providing our technician with the password, or if client for any other reason does not wish to provide our technician with the password, then our technician will ask the client to enter the password themselves into the login screen. Some passwords will need to be entered in multiple times, client must either be continuously present and available to the technician to enter the passwords or must change the password to a temporary password and inform the technician of the new password. Our technician will show client how to change the password to a temporary password if requested so by client. If client does not wish to provide the technician with a temporary password and is not readily available to enter the needed password themselves, then our technician will attempt to find client and bring them to the computer to enter the needed password. Client’s unavailability to enter necessary login information in order for the technician to continue working does not constitute any lapse of billable time. If client does not know the needed password requested by the technician, then it is up to client to decide whether they want to continue the remote service session at that time and attempt to find the correct password or if they wish to end the remote service session at that time and reschedule for another time when they do have the necessary login information. Ability to provide requested necessary login information is the sole responsibility of the client, and any lack thereof of such information which may prevent the repair of any issues will not constitute any waiver or discount of billable time. CRS Consulting will store all client password information in the client portal in order for future use, if client does not wish any passwords and/or other sensitive information to be stored in their client portal, they must inform the technician of this request, it is our default policy to document all such information for future use, and technicians will do so unless specifically instructed by client to do otherwise. Client can always log into their client portal and remove or alter any such sensitive information. Our Technicians sign a strict confidentiality policy upon their employment, and no sensitive information will ever be divulged. In the case of any such suspected misuse of sensitive information, CRS will help client in investigating and ascertaining the source of such misused sensitive information. Client hereby agrees and waves all rights to a trial by jury or decision by judge or other court affiliate regarding any matter of loss of personal information, sensitive information such as usernames and passwords, security leaks, unauthorized access and malicious activity, which may in term cause monetary and/or other damages in any form to client, client’s employees, client’s employer(s) and/or any affiliate of client. Any dispute regarding such a matter of divulgence of sensitive information such as passwords and/or other access information, resulting or not resulting in monetary loss, will be settled by arbitration by a mutually approved and certified arbitrator in the Los Angeles County. Client hereby waives all rights to any other course of action, and absolves CRS consulting of any such action performed by a technician or representative in their employee, and agrees to pursue such legal or arbitrary action against the offending person(s) themselves as individuals and not in any way or manner towards CRS Consulting, CRS Consulting as a whole, business entity or other employing agent.

Some issues may not be resolved right away or at all depending on the nature of the problem, an alternate solution will be presented to the client but non-resolution of an issue in such a case does not absolve the client from being charged for the work performed. This is especially true for older systems that cannot perform as needed based on hardware inabilities, or custom or proprietary software that require only the publishing company to resolve the issue(s) as no official support documentation is available or resource-able. If the servicing technician requests information from the client or asks the client a question and the client does not respond due to any reason, then the service technician will simply wait with the remote session open for the client to respond. Billing will continue to occur so long as the remote session window is open; if client becomes unavailable during the resolution process then client must close the remote session window in order for billing time to stop. Client understands that certain issues may take several attempts at resolution using various possible solutions and techniques. Computers, software and configurations do not have one solution, and each environment and situation may require a unique solution that can only be attained by trial and error. Our technician will inform the client if any resolution is not a guaranteed resolution and is only a possible resolution. Client acknowledges and agrees that in such a case, any issue that reoccurs will require further remote service at normal billable rates in order to try different possible resolutions until a stable one is found and implemented. Any such partial or “probable” resolution does not fall under the service guarantee section, and client agrees that if only such a resolution is possible, to pay for any billable hours incurred regardless of if the implemented resolution does not hold or may cause other issues or variations on the initial issue(s). CRS’ technician will inform client if such a resolution is a partial or probable resolution either prior to, during or after the resolution has been attempted based on when in the resolution process the technician finds or diagnoses any issue(s) or circumstances that may qualify any resolution as such a type or partial or probable resolution. Client understands and agrees that not all such partial or probable resolutions can be diagnosed ahead of the resolution process and that the technician may inform them that the implemented resolution is such a resolution at any point prior to the termination of the remote session by the CRS technician.

Client must explain in detail all their issues and problems to the servicing technician, technician will attempt to ask and coax information from client using their experience but it is the client’s sole responsibility to present the problems to the technician and cannot hold technician or CRS liable for not resolving issues that were not brought up during the remote service session. IT IS THE CLIENT’S SOLE RESPONSIBILITY TO ENSURE EVERYTHING IS WORKING THEY WAY THEY WANT IT TO BEFORE GIVING THE APPROVAL ON THE WORK DONE AND CLOSING THE REMOTE SESSION! If client approves the work performed and then later discovers that something isn’t working at all or the way they wanted regarding any issue that was not specifically brought up in the exact way the issue has reoccurred, they cannot hold technician or CRS liable for any such matter. Any additional remote work performed in resolving these additional issue(s) or correlating issue that was not previously checked by client, will be billed to client as a new session with a 1 hour minimum charge followed by the corresponding 15 minute incremental period charges. Our technicians will first suggest any course of action and will not take any such course of action regarding additional issues found during the remote session without the client’s approval. Our technician will first address the issue described in the remote session service ticket, and will communicate with client any additional issues, suggestions or recommendations that they find and will only implement such actions upon the clients request and approval as documented in the chat of that particular remote service session.

SERVICE GUARANTEE: CRS holds our clients at high regard and ultimately we want to ensure your satisfaction in working with CRS. Our policies stand to protect us from clients that do not cooperate in resolving their issues or do not properly test to ensure their issues are resolved and then request more work at no additional cost. We guarantee that any work performed by our technician(s) will be repaired within 30 days of the initial service performed addressing that specific issue at no additional cost as long as it follows the preceding guidelines:

  • The guarantee is for one remote service session and all the issues involved and disclosed in that session.
  • The service guarantee is only in effect if client allows the CRS service technician to notify via documented method that the issues have been resolved. If client closes the remote service session prior to such notification from the technician, than all work performed will automatically void the service guarantee.
  • The guarantee is only for the specifics of the issues detailed and noted in the chat window of that remote service session and the service ticket request.
  • Any variation of the issue not documented in that session will not be covered by the guarantee regardless of the nature or degree of variation.
  • If client did not properly test every aspect of the resolution of every issue, any aspect not addressed in the service call will not be covered.
  • If the technician notifies client that the resolution is not stable and cannot be guaranteed and offers an alternate solution that can be guaranteed, then the stated unguaranteed solution is not covered in the service guarantee.
  • If the technician notifies the client that no resolution is possible given the current system status, and the technician outlines the steps needed to bring the system status to a point where a resolution can be guaranteed, regardless of if such resolution includes the purchase of new hardware, software or other configuration due to incompatibility or other issues preventing proper resolution, then the non resolution of the issues or any aspect of the issues is not covered in the service guarantee.
  • If a “resolved” issue reoccurs and is found to have reoccurred due to client error or misuse, then the reoccurring issue is not warranted by the service guarantee.
  • If client hires or allows any other technician, non-technician or other person(s) to work, modify or otherwise change the settings and/or configuration set and put forth by the CRS technician, then any issue will immediately void the service guarantee warranty.
  • Any partial, probable or trial resolution as part of or whole in itself of any issue(s) is not covered under the service guarantee. CRS’ technician will inform client either prior to, during or at the end of the remote session if said resolution is a guaranteed resolution or if it’s just a probably or partial resolution. All such information will be documented accordingly for that particular remote service session.
  • Service guarantee is only eligible for documented and noted issues directly stated as resolved and tested and approved by client prior to the close of the remote session, where said issue reoccurs due to the CRS technician’s improper configuration, improper diagnosis of the issue(s), improper suggestion or resolution, improper implementation of said resolution(s), improper testing of said resolution(s), and as long as no other item detailed herein under the “Service Guarantee” section conflicts with said statement and the nature of the reoccurrence does not violate any of the circumstances outlined in this section.

Data Loss and Hold Harmless Clause Our technicians are trained professionals and take every precaution and care to ensure no harm, data loss, program disruption or other error(s) occur(s) during and/or as a result of the remote service session. Data loss and harm, damage or otherwise error in software and/or hardware can occur for many reasons, although our technicians take the utmost care to ensure no loss or damage of any kind occurs, it is always a possibility that data loss, damage, software corruption, viruses and/or otherwise harmful events may occur. Client hereby and without dispute agrees to hold harmless and indemnify CRS Consulting, totalWebWorks and or any other CRS affiliated company from liability, responsibility or fault in any way shape or form, regardless of the manner or circumstance for any data loss, damage, corruption, malfunction, deletion, destruction, negligence or other mal use of any software, hardware, settings, configuration, or other part of the system, systems, structure, network or other setup used in existence and/or otherwise present at the time of service via Remote session terminal service. Client absolves CRS or any of its affiliates from any monetary loss, hindrance, disruption or other negative effect that any such work may have had partially or in whole on the client, client’s business, client’s employer, client’s employees and/or any other entity or person(s) affiliated with client. Client hereby waves their right to seek legal action, retribution or otherwise pursue legal recourse against CRS or its affiliates in a jury trial, court of law, or other judge officiated course of action. Any dispute between client, client’s business, client’s employer, client’s employee or other affiliate of client, may and can only be settled in arbitration as designated within the Los Angeles County and agreed upon by CRS and/or its affiliates. Such arbitration must be initiated within 30 days of said arbitrated upon occurrence, otherwise Client hereby forfeits their rights and privileges to pursue in any way, any claim or stake to monetary or other compensation from CRS or its affiliates.

FEES, NON-PAYMENT, DISHONORED PAYMENTS By accepting these terms and conditions, client hereby agrees without dispute to be charged for all the fees and billable time incurred per each remote service session as based on client’s billable rate as stated above and per the terms and conditions detailed herein in this agreement. This agreement stands as a legally binding agreement between CRS Consulting and the client (client as stated in the client details section of this agreement). Client agrees not to dispute, reverse or otherwise dishonor any charges made to the client’s payment card and/or other payment method utilized and listed as the “primary” payment method on client’s account and as listed in the payment section of client’s profile (as stated in the client profile section of the CRS Consulting website). Any dispute regarding the amount, quantity or other aspect of any charges, must and can only be disputed by legal arbitration as per the terms of this agreement. Any non-payment of any charges made by CRS Consulting due to any reason will constitute a non-payment by client and client will be subject to the penalties and fees as detailed in this section. Client agrees to the amounts and terms of any and all fees and/or additional charges detailed in this section relating to non-payment, late payment or incomplete payment of any charges incurred.

LATE FEE TERMS AND CONDITIONS:If payment is not received within 5 days after the billing due date on any billed amount and/or any charges made by CRS Consulting are dishonored and/or reversed by the client, client’s payment carrier, client’s payment issuing bank, client’s payment issuing merchant and/or other source of payment used by client, then a $25 or 3% late fee (whichever is greater) will be assessed for that billing cycle. If payment is not received within 30 days after the billing due date, and/or any charges made by CRS Consulting are dishonored and/or reversed by the client, client’s payment carrier, client’s payment issuing bank, client’s payment issuing merchant and/or other source of payment used by client within 30 days after the billing due date, then an additional late fee of $25 or 3% (whichever is greater) will be assessed and a warning will be issued to the client. If payment is not received in full for any balances due within 60 days after the billing due date, then client’s account will be sent to a collection agency to collect any unpaid and due balances.

LEGAL RECOURSE AND COURSE OF ACTION: If any amount over $4000 is unpaid within 60 days after the billing due date, CRS Consulting will file legal action against client and/or client’s company to redeem any and all unpaid balances + any and all legal fees, court fees, and/or other fees related to any legal action filed against client and/or client’s company regarding any unpaid balances due.

SLANDER: Client hereby agrees not to slander, publically denote, content and or in any way tarnish the reputation and/or workmanship, work ethic or other face or marketable aspect of CRS Consulting and/or its employees. Any complaints, dislikes, suggestions or other negative remarks can be submitted via the form on the late fees and credits section of our website. Any violation of this section which may or may not cause indicative or non-indicative harm to CRS Consulting and/or its employees, regardless of its nature whether monetary or not, will constitute a legal threat to the company, and appropriate legal action will be taken, and the offending party or parties will have legal actions brought against them, to recover any loss of image and/or monetary amounts as a result of such slander, and any and all legal and court fees.



Onsite IT Service

Onsite IT Service On-Site service is performed by our technicians to the best of their ability given the information provided and time allotted by the client to resolving the issues. Client also must assist to the best of their ability in diagnosing and resolving the issues as each computer, network and environment are different and client knows their computing environment and requirements better than our technician. Our technicians will attempt to resolve the issues based on their extensive computer and information systems knowledge, they will consult with other technicians if necessary or will research solutions from various sources. All such research or consultation work will be done during the On Site service session as technician will need to try several methods until an adequate resolution is met. Technician will also diagnose each system that they work on and will suggest several options to client for enhancing their system speed and optimizing their systems performance. It is up to client to determine whether they want the technician to perform such tasks as it will take some time to perform and will extend the on-site service time. Note that every system and environment is different and it will take our technician some time to learn your system as they start the diagnostic and resolution process. The more information you as the client can provide our technicians, the smoother faster and more efficiently they can work towards resolving your issues. Communication is key, and it is the client’s sole responsibility to guide our technician and point out what the problem areas are and what resolutions they would like to accomplish. All such communication must be made at the time the service technician is on-site and will be documented accordingly. Our goal is to ensure your satisfaction with the on-site service; it is the client’s responsibility to communicate the level of satisfaction or dissatisfaction to the technician before the technician leaves the service location so that the technician can ensure client satisfaction.

Billing time will start effective the moment the technician arrives at the address, and will be billed at 30 minute increments with a 1 hour minimum charge until the client has notified the technician that the problem has been resolved to their satisfaction. Technician may at their discretion allow for leeway for several minutes after each 30 minute billing period (not to exceed 5 minutes) and not charge client the additional billing time, this is solely at the discretion of the servicing technician, and per our policy the next billing period starts one minute after the previous 30 minutes have elapsed. Note that there is a 1 hour minimum charge on all on-site service calls, the minimum amount you will be billed per service call will be one hour at your billable rate. Technician can only take instruction on execution of suggested courses of action, and approval on completion of work from the individual requesting the on-site service through the on-site service ticket. Any other individuals allowed to make decisions on behalf of the requesting individual must be specific in the “additional responsible parties” section of the on-site service request ticket, or requesting client must verbally designate any additional responsible party in person when the servicing technician arrives at the service location. Our technician cannot abide by any requests, decisions or instruction from any individual not designated in such a manner.

Our technicians will attempt to resolve the issues you have at hand as quickly as possible in order for the client not to incur additional billing, however each system works at different speeds, and is set up in a different way, and our technician will need time to become familiar with the working environment and computing system structure. Especially were relevant to networked computers, some time will be needed in assessing the structure of the network and how it has been set up and configured. New clients and new systems will take longer to evaluate and diagnose, our technician will make notes of your system setup and settings so that any additional work will be done faster and any information needed will be stored in your client portal so that our technicians can easily access the information needed for future work. A small additional amount of time will be needed to document your systems the first time we service them since there will be no prior documentation. The amount of time needed to document your system and environment cannot be predicted or approximated, but our technician will attempt to do so as quickly as possible.

CRS does not guarantee any speed of work or timeframe for resolution of issues, many factors will determine the time it takes to resolve certain issues, and CRS cannot predict or state any time amounts needed to resolve any particular issue. Any time amounts given by our technician to the client are pure assessments based on their experience and do not guarantee or approximate any specific timeframes needed to resolve any issue. CRS cannot be held liable for any time estimates given by our technicians, and client knowingly agrees that the time needed to perform any service tasks is not predictable and client agrees to pay for any time that the technician is present on-site at the service location regardless of any estimates or time quotations given by our technicians. Many factors can affect the time it takes to resolve any IT related issue, including the need for access to a computer, the need for the correct login information, the need to understand and evaluate the systems and issues at hand, researching and diagnosing specific issues and proprietary issues that are not commonly found as well as other unforeseen factors and circumstances. It is the client’s responsibility to have all the necessary login information readily available, and have any computers that needs to be accessed free and available for our technicians to log into. CLIENT AGREES THAT ONCE TECHNICIAN ARRIVES AT THE REQUESTED SERVICE LOCATION ADDRESS, BILLING WILL START AUTOMATICALLY WITH A 1 HOUR MINIMUM CHARGE FOLLOWED BY 30 MINUTE PRORATED INCREMENTAL CHARGES. CLIENT WILL BE BILLED FOR AS LONG AS THE TECHNICIAN IS PRESENT ONSITE REGARDLESS OF ANY CIRCUMSTANCE. ANY FACTOR THAT WILL CAUSE ANY DELAY IN THE SERVICE PERFORMED WILL NOT ALTER OR HALT THE BILLING TIME. IT IS CLIENT’S SOLE RESPONSIBILITY TO SIGN THE “END SERVICE TIME” SECTION OF THE INVOICE PRESENTED ONSITE IN ORDER FOR THE BILLING TO STOP FOR THAT ON-SITE SERVICE VISIT. CLIENT AGREES TO PAY THE TOTAL AMOUNT BILLED FOR EACH ON-SITE SERVICE VISIT REGARDLESS OF THE OUTCOME OR RESOLUTION OF ANY FACTOR OR MATTER FOR WHICH THE ON-SITE SERVICE REQUEST WAS INITIALLY REQUESTED. If client signs the “end service time” of the on-site invoice and then notifies the technician of a new issue or a variation of a “resolved” issue that the technician has “resolved” during that on-site visit. Than the service ticket will be closed and any further work will be billed as a new ticket with a 1 hour minimum charge.

Each service call starts and ends with the technician arriving at the requested service address listed on the on-site service request ticket. Once on-site our technician will attempt to gain entry into the requested service location in the following order: knocking on the door, ringing the bell, calling the client on the phone number(s) listed in the on-site service request ticket and attempting a text to that number in case the number has text message capabilities. If our technician cannot get a hold of client via any of those methods, then our technician will attempt to communicate using the same progression of methods a second time. If our technician cannot communicate with client after the second round of attempts, then our technician will wait at the service address for no more than 15 minutes from the time of arrival. This time will allot client an opportunity to communicate with our technician. If our technician cannot communicate with client and/or gain access to the service location within 15 minutes of arrival at the service location, then the technician will leave the service area, and client will be billed the minimum 1 hour of service + any additional fees per their billable rate as listed in these terms and conditions and/or as modified applicably. After 15 minutes from the initial arrival at the service location and attempted communication with client technician will leave the requested service address. If technician receives communication from client after 15 minutes from the initial communication time by our technician requesting technician to return to the requested on-site service address, then technician will return to the requested service address under a new service ticket incurring an additional 1 hour minimum charge and additional billable charges. EXAMPLE (If the CRS service technician arrives at the requested service address at 3:00pm, at 3:01pm he starts attempting communication with client and/or access to the location per the above detailed steps, and the technician is unable to communicate with client or gain access to the location by 3:16pm, then a 1 hour minimum charge + additional applicable fees will be billed to client. If client communicates with the technician at 3:17pm requesting them to enter the location or wait for them at the location, then they will be billed an additional 1 hour minimum charge (+ additional applicable fees if technician has left the requested service address)). Billable time starts the moment the technician arrives at the service address, and is billed regardless of if any work was performed or not, or what the degree of work performed was. In the case of networked computers, our technician will attempt to log into as many networked computers as needed in order to resolve the issue at hand. Inability to connect to a networked computer in order to resolve the issues does not absolve client from being billed for the time technician is on-site. Client must have appropriate administrative access to all computers and systems on the network and must divulge said necessary information to the technician in order for the technician to properly perform the requested services.

PASSWORD POLICY: CRS’ password policy is as such: Our technician will request the password for any needed login from the client as such situation presents itself. If client does not feel comfortable providing our technician with the password, or if client for any other reason does not wish to provide our technician with the password, then our technician will ask the client to enter the password themselves into the login screen. Some passwords will need to be entered in multiple times, client must either be continuously present and available to the technician to enter the passwords or must change the password to a temporary password and inform the technician of the new password. Our technician will show client how to change the password to a temporary password if requested so by client. If client does not wish to provide the technician with a temporary password and is not readily available to enter the needed password themselves, then our technician will attempt to find client and bring them to the computer to enter the needed password. Client’s unavailability to enter necessary login information in order for the technician to continue working does not constitute any lapse of billable time. If client does not know the needed password requested by the technician, then it is up to client to decide whether they want to continue the on-site service at that time and attempt to find the correct password or if they wish to end the on-site service at that time and reschedule for another time when they do have the necessary login information. Ability to provide requested necessary login information is the sole responsibility of the client, and any lack thereof of such information which may prevent the repair of any issues will not constitute any waiver or discount of billable time. CRS Consulting will store all client password information in the client portal in order for future use, if client does not wish any passwords and/or other sensitive information to be stored in their client portal, they must inform the technician of this request, it is our default policy to document all such information for future use, and technicians will do so unless specifically instructed by client to do otherwise. Client can always log into their client portal and remove or alter any such sensitive information. Our Technicians sign a strict confidentiality policy upon their employment, and no sensitive information will ever be divulged. In the case of any such suspected misuse of sensitive information, CRS will help client in investigating and ascertaining the source of such misused sensitive information. Client hereby agrees and waves all rights to a trial by jury or decision by judge or other court affiliate regarding any matter of loss of personal information, sensitive information such as usernames and passwords, security leaks, unauthorized access and malicious activity, which may in term cause monetary and/or other damages in any form to client, client’s employees, client’s employer(s) and/or any affiliate of client. Any dispute regarding such a matter of divulgence of sensitive information such as passwords and/or other access information, resulting or not resulting in monetary loss, will be settled by arbitration by a mutually approved and certified arbitrator in the Los Angeles County. Client hereby waives all rights to any other course of action, and absolves CRS consulting of any such action performed by a technician or representative in their employee, and agrees to pursue such legal or arbitrary action against the offending person(s) themselves as individuals and not in any way or manner towards CRS Consulting, CRS Consulting as a whole, business entity or other employing agent. Some issues may not be resolved right away or at all depending on the nature of the problem, an alternate solution will be presented to the client but non-resolution of an issue in such a case does not absolve the client from being charged for the work performed. This is especially true for older systems that cannot perform as needed based on hardware inabilities, or custom or proprietary software that require only the publishing company to resolve the issue(s) as no official support documentation is available or resource-able. Client must make themselves or their designated representative available to answer all questions by the servicing technician at all times. If the client is not present to answer a question, then the servicing technician will attempt to obtain an answer from one of the designated representatives as listed in the on-site service request order. If neither client nor designated agent is available then the servicing technician will wait for either person(s) to become available and/or known to be available to the servicing technician, this waiting period may halt in part or in whole the resolution process but will not constitute any break from billable time. Designated representatives as listed in the on-site service order, and/or as designated in person by the client will have the same authority to answer questions or make decisions as does the paying client. If any such decision does not coincide with client’s wishes, then any time spent and/or course of action taken as a result of said information provided by the designated representative, will be the sole discrepancy between client and the designated representative that has provided the technician with the information which conflicts with client’s wishes. Our technician will perform the requests of the paying client above all other requests made by designated representatives, but it is the paying client’s responsibility to make sure that the service technician takes courses of action that meet their requests, and it is the paying client’s sole responsibility to ensure that no conflicting information is given by any designated representative. In any such case as this client will not receive any discount on billable time.

Client understands that certain issues may take several attempts at resolution using various possible solutions and techniques. Computers, software and configurations do not have one solution, and each environment and situation may require a unique solution that can only be attained by trial and error. Our technician will inform the client if any resolution is not a guaranteed resolution and is only a possible resolution. Client acknowledges and agrees that in such a case, any issue that reoccurs will require further service at normal billable rates in order to try different possible resolutions until a stable one is found and implemented. Any such partial or “probable” resolution does not fall under the service guarantee section, and client agrees that if only such a resolution is possible, to pay for any billable hours incurred regardless of if the implemented resolution does not hold or may cause other issues or variations on the initial issue(s). CRS’ technician will inform client if such a resolution is a partial or probable resolution either prior to, during or after the resolution has been attempted based on when in the resolution process the technician finds or diagnoses any issue(s) or circumstances that may qualify any resolution as such a type or partial or probable resolution. Client understands and agrees that not all such partial or probable resolutions can be diagnosed ahead of the resolution process and that the technician may inform them that the implemented resolution is such a resolution at any point prior to the completion of work on-site by the CRS technician.

(AUTHORIZED) DESIGNATED REPRESENTATIVE(S) Any (authorized) designated representative(s) listed in the on-site service request order will have the authority to sign on the client’s behalf on the invoice presented by the technician at the completion of each on-site service visit, and has the authority to sign the “end service time” section of the invoice presented by the servicing technician for that on-site service visit. This signature by an (authorized) designated representative acts as an authorized agent signature on behalf of the client, and client hereby authorizes and acknowledges that any such signature by an (authorized) designated agent will be held true and binding, and client agrees to pay in full and without dispute any billable charges made based upon the billable fees and charges stated as the total charges of each invoice as signed by any such designated representative. If client wishes to have the sole right to sign any invoice presented on-site, then they must select the “client signature only” checkbox in the on-site service request form at the time of the on-site service request order.

Client must explain in detail all their issues and problems to the servicing technician, technician will attempt to ask and coax information from client using their experience but it is the client’s sole responsibility to present the problems to the technician and cannot hold technician or CRS liable for not resolving issues that were not brought up during the on-site service visit. IT IS THE CLIENT’S SOLE RESPONSIBILITY TO ENSURE EVERYTHING IS WORKING THEY WAY THEY WANT IT TO BEFORE GIVING THE APPROVAL ON THE WORK DONE AND SIGNING THE “END SERVICE TIME” SECTION OF THE INVOICE PRESENTED TO THE CLIENT OR CLIENTS DESIGNATED REPRESENTATIVE AT THE TIME OF THE ON-SITE SERVICE VISIT AND PRIOR TO THE DEPARTURE OF THE TECHNICIAN FROM THE ADDRESS LOCATION LISTED AS THE SERVICE ADDRESS ON THE ON-SITE SERVICE REQUEST ORDER! If client approves the work performed and then later discovers that something isn’t working at all or the way they wanted regarding any issue that was not specifically brought up in the exact way the issue has reoccurred, they cannot hold technician or CRS liable for any such matter. Any additional work performed in resolving these additional issue(s) or correlating issue(s) that was not previously checked by client, will be billed to client at client’s billable rate. Our technicians will first suggest any course of action and will not take any such course of action regarding additional issues found during the on-site service visit without the client’s approval. Our technician will first address the issue described in the on-site service request ticket, and will communicate with client any additional issues, suggestions or recommendations that they find and will only implement such actions upon the clients or client’s designated representative(s) request.

SERVICE GUARANTEE: CRS holds our clients at high regard and ultimately we want to ensure your satisfaction in working with CRS. Our policies stand to protect us from clients that do not cooperate in resolving their issues or do not properly test to ensure their issues are resolved and then request more work at no additional cost. We guarantee that any work performed by our technician(s) will be repaired within 30 days of the initial service performed addressing that specific issue at no additional cost as long as it follows the preceding guidelines:

  • The guarantee is for one on-site service visit and all the issues involved and disclosed in that session.
  • The service guarantee is only in effect if client or client’s designated representative(s) receives notification from the CRS service technician that the issues have been resolved during the on-site service visit. If client signs the “end service time” prior to such notification from the technician, than all work performed will automatically void the service guarantee.
  • The guarantee is only for the specifics of the issues detailed and noted in the “work performed” description detailed in the invoice of that particular on-site service visit and/or in the on-site service request form associated with that specific on-site service visit.
  • Any variation of the issue not documented in that on-site service visit will not be covered by the guarantee regardless of the nature or degree of variation.
  • If client did not properly test every aspect of the resolution of every issue, any aspect not addressed in the service call will not be covered.
  • If the technician notifies client that the resolution is not stable and cannot be guaranteed and offers an alternate solution that can be guaranteed, then the stated unguaranteed solution is not covered in the service guarantee.
  • If the technician notifies the client that no resolution is possible given the current system status, and the technician outlines the steps needed to bring the system status to a point where a resolution can be guaranteed, regardless of if such resolution includes the purchase of new hardware, software or other configuration due to incompatibility or other issues preventing proper resolution, then the non resolution of the issues or any aspect of the issues is not covered in the service guarantee.
  • If a “resolved” issue reoccurs and is found to have reoccurred due to client error or misuse, then the reoccurring issue is not warranted by the service guarantee.
  • If client hires or allows any other technician, non-technician or other person(s) to work, modify or otherwise change the settings and/or configuration set and put forth by the CRS technician, then any issue will immediately void the service guarantee warranty.
  • Any partial, probable or trial resolution as part of or whole in itself of any issue(s) is not covered under the service guarantee. CRS’ technician will inform client either prior to, during or at the end of the on-site service visit if said resolution is a guaranteed resolution or if it’s just a probably or partial resolution. All such information will be documented accordingly for that particular on-site service visit.
  • Service guarantee is only eligible for documented and noted issues directly stated as resolved and tested and approved by client prior to the signing of the “end service time” as stated on the invoice pertaining to the on-site service guarantee which corresponds with the on-site service request ticket detailing the issue(s) or problems which have resurfaced and/or are in question, where said issue reoccurs due to the CRS technician’s improper configuration, improper diagnosis of the issue(s), improper suggestion or resolution, improper implementation of said resolution(s), improper testing of said resolution(s), and as long as no other item detailed herein under the “Service Guarantee” section conflicts with said statement and the nature of the reoccurrence does not violate any of the circumstances outlined in this section.

Data Loss and Hold Harmless Clause Our technicians are trained professionals and take every precaution and care to ensure no harm, data loss, program disruption or other error(s) occur(s) during and/or as a result of the on-site service visit. Data loss and harm, damage or otherwise error in software and/or hardware can occur for many reasons, although our technicians take the utmost care to ensure no loss or damage of any kind occurs, it is always a possibility that data loss, damage, software corruption, viruses and/or otherwise harmful events may occur. Client hereby and without dispute agrees to hold harmless and indemnify CRS Consulting, totalWebWorks and or any other CRS affiliated company from liability, responsibility or fault in any way shape or form, regardless of the manner or circumstance for any data loss, damage, corruption, malfunction, deletion, destruction, negligence or other mal use of any software, hardware, settings, configuration, or other part of the system, systems, structure, network or other setup used in existence and/or otherwise present at the time of service via service in person by a CRS technician. Client absolves CRS or any of its affiliates from any monetary loss, hindrance, disruption or other negative effect that any such work may have had partially or in whole on the client, client’s business, client’s employer, client’s employees and/or any other entity or person(s) affiliated with client. Client hereby waves their right to seek legal action, retribution or otherwise pursue legal recourse against CRS or its affiliates in a jury trial, court of law, or other judge officiated course of action. Any dispute between client, client’s business, client’s employer, client’s employee or other affiliate of client, may and can only be settled in arbitration as designated within the Los Angeles County and agreed upon by CRS and/or its affiliates. Such arbitration must be initiated within 30 days of said arbitrated upon occurrence, otherwise Client hereby forfeits their rights and privileges to pursue in any way, any claim or stake to monetary or other compensation from CRS or its affiliates.

FEES, NON-PAYMENT, DISHONORED PAYMENTS By accepting these terms and conditions, client hereby agrees without dispute to be charged for all the fees and billable time incurred per each on-site service visit as based on client’s billable rate as stated above and per the terms and conditions detailed herein in this agreement. This agreement stands as a legally binding agreement between CRS Consulting and the client (client as stated in the client details section of this agreement). Client agrees not to dispute, reverse or otherwise dishonor any charges made to the client’s payment card and/or other payment method utilized and listed as the “primary” payment method on client’s account and as listed in the payment section of client’s profile (as stated in the client profile section of the CRS Consulting website). Any dispute regarding the amount, quantity or other aspect of any charges, must and can only be disputed by legal arbitration as per the terms of this agreement. Any non-payment of any charges made by CRS Consulting due to any reason will constitute a non-payment by client and client will be subject to the penalties and fees as detailed in this section. Client agrees to the amounts and terms of any and all fees and/or additional charges detailed in this section relating to non-payment, late payment or incomplete payment of any charges incurred.

LATE FEE TERMS AND CONDITIONS: If payment is not received within 5 days after the billing due date on any billed amount and/or any charges made by CRS Consulting are dishonored and/or reversed by the client, client’s payment carrier, client’s payment issuing bank, client’s payment issuing merchant and/or other source of payment used by client, then a $25 or 3% late fee (whichever is greater) will be assessed for that billing cycle. If payment is not received within 30 days after the billing due date, and/or any charges made by CRS Consulting are dishonored and/or reversed by the client, client’s payment carrier, client’s payment issuing bank, client’s payment issuing merchant and/or other source of payment used by client within 30 days after the billing due date, then an additional late fee of $25 or 3% (whichever is greater) will be assessed and a warning will be issued to the client. If payment is not received in full for any balances due within 60 days after the billing due date, then client’s account will be sent to a collection agency to collect any unpaid and due balances.

LEGAL RECOURSE AND COURSE OF ACTION: If any amount over $4000 is unpaid within 60 days after the billing due date, CRS Consulting will file legal action against client and/or client’s company to redeem any and all unpaid balances + any and all legal fees, court fees, and/or other fees related to any legal action filed against client and/or client’s company regarding any unpaid balances due.

SLANDER: Client hereby agrees not to slander, publically denote, content and or in any way tarnish the reputation and/or workmanship, work ethic or other face or marketable aspect of CRS Consulting and/or its employees. Any complaints, dislikes, suggestions or other negative remarks can be submitted via the form on the late fees and credits section of our website. Any violation of this section which may or may not cause indicative or non-indicative harm to CRS Consulting and/or its employees, regardless of its nature whether monetary or not, will constitute a legal threat to the company, and appropriate legal action will be taken, and the offending party or parties will have legal actions brought against them, to recover any loss of image and/or monetary amounts as a result of such slander, and any and all legal and court fees.