The Agreement

How we do business and how we expect our clients to do business.

All appointments are subject to the following Terms & Conditions of service which were referenced and/or provided to you at the time of service. Keeping, booking, or requesting service from S.E.A.L. Systems, LLC constitutes compliance with all conditions below.

This agreement (“Agreement”) is made on the day this agreement is received, by and between S.E.A.L. Systems, LLC, located at 15021 Ventura Boulevard, Suite 811, Sherman Oaks, CA 91403, (hereafter referred to as “SEAL Systems”), and all Clients, Agents, and parties who retain appointments with SEAL Systems whose principal place of business is located at the Company’s Address, Home, Office or Client designated location, (hereafter referred to as “Client”.) Collectively, the parties to this Agreement shall be referred to as “the Parties”.

General Conditions

  1. As condition of doing business with SEAL Systems, it is important that the Client read and understands the Terms and Conditions of Service (Terms of Service). A request for service constitutes client acceptance of these terms.
  2. Any additional physical products required will be quoted separately and are subject to sales tax.
  3. The services provided to the Client are under warranty for a period of 7 days. Any disputes or issues pertaining directly to the services rendered should be brought to the attention of the SEAL Systems (attention billing@sealsystems.net) via email within the 7 day warranty period. Disputes or issues arising after 7 days will be considered new and billed at the regular hourly rate.
  4. SEAL Systems makes every effort to achieve a working solution as an outcome. However, due to situations beyond our control, such as hardware failure, system incompatibility, lack of administrative access, third-party responsibility (TimeWarner/Spectrum, AT&T, Apple, etc..) the Client is responsible for SEAL Systems time/fees accrued for efforts toward a resolution. Payment is due for services provided regardless of the outcome.
  5. It is the responsibility of the Client to maintain a current backup of all data. SEAL Systems will advise and consult, making recommendations based on industry-standard best practices.
  6. SEAL Systems is not responsible for maintaining/storing usernames or passwords. Usernames and passwords will be communicated to the Client via hand written note, verbally or other secure and agreed upon method.
  7. SEAL Systems is not responsible for repairs and/or upgrades that void manufactures’ warranties (such as AppleCare). It is the responsibility of the Client to verify the status and terms of such warranties.
  8. SEAL Systems is not responsible for hardware, data, miscellaneous items left in its possession after 30 days.
  9. If service involves transferring information or installing software, the Client represent that they have the legal right to copy the information and agree to the terms of the software license, and that the Client does authorize SEAL Systems, LLC to transfer the information and accept such terms on the Client’s behalf in performing the service.

Web Site Use Policy

  1. Applies to the sites, their sub-domains and any connected services (hereafter referred to as “our sites”.)
    1. sealsystems.net
    2. theiphoneappslist.com
    3. themacappslist.com
    4. disposiblebits.com
    5. xservetest.com
  2. Your access to and the use of our sites is subject to the following terms and conditions, as well as all applicable laws.
  3. Your access to our sites is in consideration for your agreement to the Use Policy, whether or not you are a registered user.
  4. By accessing, browsing, and using our sites, you accept, without limitation or qualification, these Terms and Conditions of our sites WEB SITE USE POLICY.
  5. There are sections of our sites that connect you to other sites outside of the control of SEAL Systems. These terms and conditions apply ONLY to those areas that are on our sites.
  6. SEAL Systems maintains the right to modify the Use Policy, and may do so by posting notice of such modifications on this page. Any modification made is effective immediately upon posting the modification (unless otherwise stated). Your continued use of our sites following the posting of any modification signifies your acceptance of such modification. You should visit this page, periodically, to review the current Use Policy.
  7. You agree to access and use out sites for lawful purposes ONLY.
  8. You are solely responsible for the knowledge of and adherence to any and all laws, statues, rules, and regulations pertaining to your use of our sites. By accessing our sites, you agree that you will NOT:
    1. Use our sites to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability;
    2. Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
    3. Use our sites to impersonate other parties or entities;
    4. Use our sites to upload any content that contains many form of malware, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of our sites (or the hardware/software of any other person who may access our sites);
    5. Upload, post, e-mail, or otherwise transmit any materials, that you do have the right to transmit under any law (or under any contractual relationship);
    6. Alter, damage, or delete any content posted on our sites;
    7. Disrupt the normal flow of communication in any way;
    8. Claim a relationship with or speak for any department, division, organization, unit, etc., which you are not authorized to claim such a relationship;
    9. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
    10. Post any material that infringes (or violates) the intellectual rights of others; or
    11. Collect (or store) personal information about others.
  9. Certain portions of our sites are limited to registered users, and/or may allow a user to request support/services online by entering personal information. You agree, that any personal information provided to us is complete and accurate, as well as given to us at your own risk. Also, you agree not to register under the name of, nor attempt to enter our sites under the name of, another person, and you will not adopt a user name that SEAL Systems, in its sole discretion, deems offensive.
  10. SEAL Systems may (in its sole discretion) suspend/terminate your access to our sites, as well as the use of our sites without notification, including the violation of the Use Policy, or for other conduct that SEAL Systems deems is harmful/unlawful to others. Note: In the event of termination, you are no longer authorized to access our sites, and SEAL Systems will use whatever means necessary to enforce this termination.
  11. There are some links on our sites that are not maintained/operated by SEAL Systems. SEAL Systems does not control these web sites, nor do we review their content. SEAL Systems provides these outside resource links to users for their convenience. The listing of links are not an endorsement of information, products, or services, and do not imply a direct association between SEAL Systems and the operators of the outside resource links.
  12. You agree to adhere to our Use Policy which is that you specifically agree NOT to utilize e-mail addresses obtained by browsing through our sites to transmit the same or substantially similar unsolicited message to more than 5 recipients in a single day or more than 10 recipients in a single week (seven consecutive days), unless it is required for legitimate business purposes. Note: SEAL Systems (in its sole and exclusive discretion) will determine violations of limitations on e-mail usage as set forth in this Use Policy.
  13. SEAL Systems has the right to monitor the content that you provide. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Note: The United States and foreign copyright laws, as well as international conventions protect the contents of our sites. (You have agreed to abide by all copyright notices by entering our sites)
  14. You expressly understand and agree that your use of our sites, or any material available through our sites, is at your own risk. Neither SEAL Systems nor its employees warrant that our sites in question will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of our sites. The content and function of our sites are provided to you as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use.

Payment & Rates

  1. Payment is due upon receipt of the invoice or 30 days after service date, whichever is greater.
  2. SEAL Systems accepts checks and most major credit cards.
  3. We do not accept cash.
  4. A deposit or pre-payment may be required for special order parts or for clients with a past-due balance.
  5. Returned checks are subject to $75 service charge.
  6. Rates are subject to change. Please visit our rate page for current rates.

Appointments

  1. All appointment changes or cancellations must be received 24 hours prior to the confirmed appointment time.
  2. Cancellations or changes within 24 hours of the appointment are subject to a 2 hour minimum charge.
  3. All onsite service is at minimum a 2 hour charge unless offered as a service package or product.
  4. All remote service is at minimum a 15 minute charge.
  5. Regular hours are Monday – Friday, 9am – 7pm Pacific Time, excluding holidays.
  6. After hours and Holidays are available upon request at after-hours rates.
  7. Holidays include but are not limited to:
    1. Holidays listed in Apple’s “US Holidays” calendar
    2. Thanksgiving Week
    3. The week containing December 25th
    4. The opening day of any Star Wars or Star Trek film
    5. December 9th – January 2nd
  8. An Adult Must Be Present at specified location of service: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. IF SEAL Systems ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES WILL BE DENIED AND A 2 HOUR CHARGE (at current rates) WILL BE ASSESSED.

Confidentiality

  1. SEAL Systems understands and appreciates the proprietary and confidential nature of the Client’s business. Therefore, it is understood between the Parties to this Agreement that any information obtained or witnessed by SEAL Systems, or disclosed to SEAL Systems during the regular performance of service(s), shall be held in strict confidence. SEAL Systems shall only disclose such information if ordered to do so by a court of competent jurisdiction or as otherwise required by applicable law or regulation.

Good Faith & Dispute Resolution

  1. At all times, parties shall act in good faith.
  2. Should any circumstance arise where the parties disagree on the amount owed of the amount of time spent, such agreements shall be resolved by way of informal discussions between the Parties.
  3. In the event that an agreement cannot be reached, both parties will choose a neutral independent mediator and the cost of such mediation shall be shared by both parties.
  4. Any dispute arising out of this Agreement not resolved by mediation will be resolved by binding arbitration under the commercial arbitration rules of the American Arbitration Association (AAA) in effect at the time the notice of arbitration is filed.  The prevailing party in any arbitration or other legal proceeding brought pursuant hereto shall be entitled to recover all of its outside reasonable attorneys’ fees. The parties acknowledge that the arbitrator(s) shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.  Furthermore, notwithstanding anything to the contrary in the Agreement, the arbitrator(s) shall not have the authority to modify, change, alter or excuse the performance of any material term of the Agreement.  Unless otherwise stated herein, this Agreement shall be governed by and interpreted in accordance with the laws of the State of California (without regard to the conflicts of law provisions thereof), and the parties hereby submit to the jurisdiction of the state and federal courts located in Los Angeles County, California.

Independent Contractor Status

  1. At all times pertaining hereto, SEAL Systems shall act in the capacity of an independent contractor, and not as an employee of the Client.

Liability

  1. To the maximum extent permitted by law: The Client agrees that SEAL Systems, will under no circumstances be liable for any special, indirect, incidental or consequential damages resulting from services provided or under any other legal theory, including but not limited to loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or corruption of data; or any costs of recovering, programming, or restoring any program or data stored or used with the Client’s product and any failure to maintain the confidentiality of data stored on your product. The foregoing limitation shall not apply to death or personal injury claims. In no event shall SEAL Systems liability hereunder exceed the fees paid to it by the Client making a claim.
  2. The Client understands that there is an inherent risk that repairs may result in the loss or corruption of data and that SEAL Systems specifically does not warrant that it will be able to (1) repair or replace Client’s equipment/software without risk of loss or corruption of programs or data, and (2) maintain the confidentiality of data. If any equipment/software should be damaged or lost while in SEAL Systems’ custody, SEAL Systems’ liability will be limited to the cost of repair or replacement of the affected product. Otherwise, SEAL Systems’ liability for any and all damage shall in no event exceed the payments received by SEAL Systems for services provided pursuant to these terms. The remedies set forth herein shall be the Client’s sole and exclusive remedies for any breach by SEAL Systems under these terms and conditions.
  3. The Client understands that there is an inherent risk to the equipment associated with the repairs, and that while SEAL Systems will make every effort to avoid damaging the Client’s equipment, there remains a risk that damage to the equipment may result. Therefore, the Client agrees to hold SEAL Systems harmless and to waive any claims of liability which the Client may have for damages resulting to said equipment caused by the repair which are not due to SEAL Systems’ reckless and willful error.

Remote Support

  1. Remote support services may be offered to the Client via the Internet if the Client’s computer was built within the last four years, has a working high speed Internet connection, and it’s operating system is a version of macOS released within the last four years.
  2. If the Client elects to receive remote support, then SEAL Systems remotely logs on through a high-speed Internet connection to view the Client’s computer.
  3. The Client may disconnect the session at any time.
  4. Remote support may involve the installation of software on the Client’s computer that will allow SEAL Systems to provide the remote support services. By electing to receive remote support, the Client agrees to allow SEAL Systems to use whatever tools deemed necessary to repair your computer, including remote access. The Client understands that if remote access is used on the Client’s computer there may be residual software from the remote session; however, if requested SEAL Systems will provide instruction on removal of said software.
  5. SEAL Proactive Care and SEAL Proactive Scan may be offered to you by SEAL Systems. If you elect to receive said services, you are electing to license software that will run on your computer unattended.