Ben's Ranch :: Terms & Conditions

TERMS AND CONDITIONS

THESE TERMS OF SERVICE APPLY TO SERVICES ("IN-HOME SERVICE") ORDERED FROM BEN’S RANCH INC. By ordering Ben’s Ranch, Inc services, you are agreeing to these terms.

IN-HOME SERVICE

(a) Scheduling: Standard service hours are Monday-Friday, 9 AM- 7 PM, Saturday 10 AM - 5 PM. Additional charges may apply for rapid response services or service outside of standard installation hours.

Ben’s Ranch schedules in 30 minute arrival windows. If you need a more precise arrival time, please let us know and we will try to accommodate you. An adult must be present at the time of the Ben’s Ranch Tech’s arrival (within the thirty minute window) to avoid a $65 cancellation fee. The tech will wait for fifteen minutes (on the clock if you arrive) before leaving.

Appointment Cancellation Policy: Appointments must be cancelled at least four hours prior to your appointment by calling 310.264.0400 or emailing signpost@bensranch.com to avoid a $65 cancellation fee.

(b) Minimum Billing: Ben’s Ranch charges a minimum of 1 hour service charge for an appointment in-home or office. After the completion of the first hour, service shall be charged in 15 minute increments.

(c) Payment: Payment must be made at time of service by either Visa, Mastercard or personal check. In the event that other billing arrangements are made, with the express approval of Jonathon Fishman, you agree to pay the balance due within 30 days of services rendered. In the event that payment is not received within the time period specified above, all rights and privileges associated with membership shall not be recognized until payment is received in full.

(d) Service Jurisdiction: Ben’s Ranch Inc. sets the Service Jurisdiction for each city and store. If a location lies beyond Ben’s Ranch Inc. standard Service Jurisdiction, additional trip charges may apply. To determine if your location is within the Ben’s Ranch Inc. standard Service Jurisdiction, please call Ben’s Ranch Inc. (310-264-0400.)

Ben’s Ranch Inc currently serves these areas: Santa Monica, Venice, Marina Del Rey, Playa Del Rey, Culver City, Los Angeles west of Vermont, Hollywood, West Hollywood, Beverly Hills, Bel Air, West LA, Westwood, Pacific Palisades. If you are located outside these areas, you may bring your equipment to us for evaluation and service or inquire about the possibility of service in your area.

(e) Additional Hardware or Software Install/Service: This service is only available to customers who have already purchased one on-site service and are purchasing this as a second service. Approved services must be one of the following: software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation.

(f) An Adult Must Be Present At Residences or Business: 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 THE Ben’s Ranch Inc. representative ARRIVES AT THE SCHEDULED SERVICE TIME AND NO ADULT IS PRESENT, SERVICES MAY BE DENIED AND A $65 CANCELLATION CHARGE WILL BE ASSESSED.

(g) BACKUP YOUR SOFTWARE AND DATA: If you like you can ask a Ben’s Ranch Tech to back up your software and data at the start of your session. Otherwise, IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO THE ARRIVAL OF THE BEN’S RANCH SERVICE REPRESENTATIVE TO YOUR HOME OR BUSINESS. BEN’S RANCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.

(h) Minimum System Requirements Wireless Home Networking:

If you don’t know how to tell if your system meets these requirements, please contact Ben’s Ranch for instructions or to schedule time for a tech to meet with you.
All computers to be networked must have a minimum of 10MB of hard disk space and 32 MB of RAM.
Password(s) for operating systems(s) and/or ISP must be available at the time of service.
Microsoft Windows 98 SE operating system or greater.
Operating System disc and Key Code must be available at the time of service.
All computers and/or peripherals to be networked must be in good working order and Spyware-free.
For all broadband installations, the broadband services must be installed and operational prior to the time of service, including connections to any broadband modem.
Broadband connections exclude DirecPC™ and DirecWay™ services.

(i) Access: Ben’s Ranch Service Representative must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF THE BEN’S RANCH SERVICE REPRESENTATIVE ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT REASONABLY HAVE THE ACCESS, COOPERATION, OR SAFE WORKING AREA DESCRIBED IN THE PREVIOUS SENTENCE, THEN SERVICES MAY BE DENIED AND A $65 CANCELLATION CHARGE WILL BE ASSESSED.

TERMS APPLICABLE TO PAY FOR SUPPORT AND IN-HOME SERVICES:

LIMITATIONS TO SERVICE: BEN’S RANCH Inc. AND/OR ITS THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CUSTOMER'S PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT THE MINIMUM SYSTEM REQUIREMENTS ARE NOT MET OR THE TECHNICAL NEEDS (INCLUDING WIRING OR OVERCOMING PHYSICAL OR TECHNICAL BARRIERS) OR OTHER REQUIREMENTS OF THE CUSTOMER ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY BEN’S RANCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER.

FORCE MAJEURE: If Ben’s Ranch Inc. and/or its third party service provider's ability to render services is impaired by you or circumstances beyond the control of Ben’s Ranch Inc. and/or its third party service provider, Ben’s Ranch Inc may choose not to provide services.

LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL BEN’S RANCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER 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 BEN’S RANCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.

RELEASE OF LIABILITY: BY SIGNING THE FORM ON THE OPPOSITE SIDE OF THIS PAGE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS BEN’S RANCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU ROR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM BEN’S RANCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER'S REPRESENTATIVES, PARTNERS AND/OR THIRD PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU.

REFUNDS

If you are not satisfied with your service: Please call Ben’s Ranch Inc. (310-262-0400) for resolution. We stand behind our In-Home Service for 60 days. If there is a problem with the service we provided and you notify us within the stated time period, we will work to remedy your problem quickly and at no additional cost.

FOR IN-HOME SERVICES PROVIDED IN CALIFORNIA:
An estimate as required (Section 9844 of the California Business and Professions Code) for repairs shall be given to the customer by Ben’s Ranch Inc. in writing, and Ben’s Ranch Inc. may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, Ben’s Ranch Inc. may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information contact the Bureau of Electronic and appliance Repair, Department of Consumer Affairs, Sacramento 95814.