Allied Computing, Macintosh and iOS Service Plans


Allied Computing Service Plan Terms and Conditions

This Agreement is entered into by and between Allied Computing LLC., a Montana company located at 233 2nd St. West, Kalispell, MT 59901 ( hereinafter referred to as Allied Computing, we, us, our ) and You, the customer, each of whom agrees to be bound by and comply with all terms and conditions contained in the Agreement.
  1. Definitions:
    1. "Agreement" means this Service Plan Agreement, the terms, and any variations or amendments to the foregoing, all of which are incorporated into and made a part of the Agreement. 
    2. "Apple Authorized Service Provider" means a person or entity authorized by Apple to service Apple Products and sell Service Products.
    3. "Apple Products" means hardware, software, and configure-to-order ("CTO") products manufactured, distributed, licensed, or sold under an Apple-owned or licensed brand name. Apple Products do not include third-party products sold by Apple.
  2. Scope of Agreement: Allied Computing provides service plans, with a discounted labor rate, for Apple Products. We do not offer any repair services for non-Apple products except printers. We can help set up printers to work with Apple products, but we cannot repair them.
  3. Qualifications: We are an Apple Authorized Service Provider, and our technicians are Apple Certified. We use genuine Apple parts for all repairs.
  4. Term of Agreement: The service plan is renewable and will renew automatically at the end of the current term unless canceled at least 24 hours before renewal. The customer is not obliged to renew the agreement and can cancel at any time.
  5. Cancelation: The Customer may cancel this plan at any time, for any reason, without notice or penalty. If the customer cancels the service plan, it will remain active until the end of the current term. There are no refunds for early termination.
  6. Priority Service: Priority service moves the Customer forward in the service queue based on the level of service purchased.
    1. Priority Service 1: We will begin diagnostics on the equipment within 4 business hours
    2. Priority Service 2: We will begin diagnostics on the equipment as soon as we complete whatever item we are currently working on.
    3. Priority Service 3: We will stop working on the current equipment and begin working on the Customer equipment immediately.
    4. In the event of multiple customers with the same service level requesting service, the customer will be moved forward in the queue on a first-come first-served basis.
    5. Priority service does not guarantee that your computer will be repaired instantly, only that the computer will be moved up in the queue.
    6. If parts are required for a repair, there will be a delay while waiting for parts to arrive from the vendor. Once parts arrive, the computer will be serviced in the same priority order as if there were no part delay.
  7. Parts: This Service Plan does not cover the cost of any hardware, parts, backup drives, or consumables. If parts are required for a repair, the customer will be presented with a quote for those parts and any associated labor costs.
  8. Labor Charges: Fees for labor related to diagnostic, service, and part installation are either waived or offered at a reduced rate based on the level of the Service Plan selected by the customer.
  9. Warranty Service: If your equipment is covered by warranty or AppleCare+, there are no labor charges for the service, but AppleCare+ deductibles still apply. Warranty services are eligible for priority service based on plan level.
  10. Service Location: The service plan only covers in-shop service. The customer must bring their equipment to our office. There are no on-site services included with this agreement.
  11. Data Backup: Allied Computing is not responsible for Customer data. The Customer must be aware of the possibility of losing data through user or program error or equipment failure. The Customer is responsible for making backups of any data. Allied Computing will assist, upon request, in setting up and implementing a backup strategy.
  12. Liability: Allied Computing's technicians will use state-of-the-art repair methods to ensure that they do not accidentally damage any equipment. However, Allied Computing will not be responsible for any equipment failure caused by anything other than our direct actions.
  13. Governing Law: This Agreement shall be governed and interpreted under the laws of Montana without regard to its conflict of laws principles or provisions except that the arbitration clause in Dispute Resolution and any arbitration shall be governed by the Federal Arbitration Act, Chapters 1 and 2.
  14. Dispute Resolution: The Parties shall amicably seek to settle all disputes, claims, or controversies (including but not limited to third-party claims) arising out of or in connection with this Agreement (each a "Dispute") by negotiation in good faith. If the Dispute cannot be resolved within sixty (60) days after written notice, then either Party must, by written notice to the other Party, request non-binding mediation to be conducted in Kalispell, Montana. Both Parties shall be required to attend the mediation and participate in good faith. Each Party shall bear its expenses in connection with the mediation. All such non-binding mediation proceedings and negotiations shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. If the Parties are unable to resolve the Dispute within sixty (60) days after commencing mandatory mediation, it shall be determined by arbitration in Kalispell, Montana. Judgment on the award may be entered in any court having jurisdiction.
  15. Limitation of Claims: To the extent permitted by law, any claim arising out of any dispute or controversy between the parties to the agreement must be brought within one (1) year from the earlier of (a) the notice of termination under section 14 or, (b) the written notice of the dispute or controversy, or (c) the date the action accrued. If a longer period is provided by statute, the parties hereby expressly waive it.
  16. Termination for Cause: Allied Computing may immediately terminate this Service Plan if:
    1. The customer fails to pay renewal fees when due.
    2. Customer acts in an abusive, threatening, or hostile manner to any representative of Allied Computing.
    3. The customer files any legal action against Allied Computing or any representative of Allied Computing.
    4. The customer is found guilty of a felony or engages in any unlawful or unfair business practices.
    5. In the event of plan termination, Allied Computing shall provide written notice to Customer. All benefits under this Plan shall be forfeited by Customer and Customer’s participation in this Plan shall become null and void.
  17. Notices under this Agreement:
    1. Notices to Allied Computing under this Agreement must be in writing and shall be deemed given when actually received if delivered by courier with written proof of delivery; or ten (10) days after being sent by first class mail (return receipt requested) to the address stated below, with copies (which shall not constitute notice) by email to info@alliedcomputing.com. Allied Computing, 233 Second Street West, Kalispell, MT 59901
    2. Notices to Customer under this Agreement must be in writing (i) to the address provided by Customer, and shall be deemed given; when actually received if delivered by courier with written proof of delivery; or ten (10) days after being sent by first class mail (return receipt requested); or (ii) by electronic communication in which case it shall be deemed given immediately.
  18. Entire Agreement: This Agreement constitutes the entire understanding and agreement between the Parties, and supersedes and extinguishes (i) all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter; and (ii) any terms and conditions noted on invoices, purchase orders or other documents, or otherwise imposed by Customer, including where such terms are entered into after the Effective Date. Each Party agrees that it shall have no remedies in respect of any statement, representation assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  19. Relationship of Parties: The relationship between Allied Computing and Customer is that of independent contractors. Neither Party nor its employees, contractors, or agents are employees, franchisees, partners, agents, or joint venturers of the other Party, nor does either Party have any authority to bind the other Party by contract or otherwise to any obligation. each party shall ensure that the foregoing persons do not represent to the contrary, either expressly, implicitly, by appearance, or otherwise. Each Party retains the right to perform work and provide products and services for others during the Term of this Agreement.
  20. Severability: If an appointed arbitrator or a court of competent jurisdiction holds that any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the Parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent and economic effect of this Agreement.
  21. Waivers: A Party’s waiver of any breach by the other Party or failure to enforce a remedy shall not be considered a waiver of subsequent breaches of the same or a different kind.
  22. Force Majeure: Neither Party shall be liable for failure to fulfill its obligations under this Agreement, other than payment obligations, due to unforeseen circumstances or causes beyond the Parties’ reasonable control, including acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, pandemics (as defined by the World Health Organization), electronic viruses or corrupting microcode, fire, flood, accident, strikes, inability to secure transportation, failure of communications networks, provided such Party promptly notifies the other Party and uses reasonable efforts to correct such failure.
  23. English Language: This Agreement shall be executed in the English language only. Customer expressly waives any right it may have under the law(s) of its country of domicile to have this Agreement written in any other languages.
  24. Headings and Construction: Paragraph headings are for reference only and shall not affect the meaning or interpretation of this Agreement. Wherever the singular is used, it includes the plural, and vice versa.
  25. Counterparts: The Parties may execute this Agreement in multiple counterparts, each of which shall be deemed an original, and all of which, collectively, shall constitute only one agreement. Delivery of an executed counterpart electronically shall be as effective as executing and delivering this Agreement in the presence of the other Party.
  26. DISCLAIMERS OF WARRANTY, EXCLUSION OF LIABILITY, AND LIMITATION OF REMEDY: Allied Computing makes no warranty of any kind about services performed and goods delivered under this Agreement, whether express or implied, relating to merchantability, fitness for a particular purpose or otherwise unless specifically stated in writing and signed by a representative of Allied Computing. Allied Computing shall not be liable to Customer or any other party, person, or organization for any incidental, indirect, special, consequential, or punitive damages arising out of the performance or nonperformance of services or the furnishing or failure to furnish goods or services described by this Agreement without regard to whether such damages are foreseeable or foreseen or are claimed to arise because of breach of contract, breach of warranty, negligence, misrepresentation, strict liability or other legal theory. In no circumstances shall Allied Computing’s liability to Customer exceed the amount that Customer has paid to Allied Computing under this Agreement. This document states all the terms and conditions of the Service Plan between Allied Computing and Customer and may not be amended except by written amendment accepted in writing by Allied Computing. This Agreement is nontransferable and is governed by the laws of the State of Montana. If this contract is cancelled Allied Computing will be relieved of all obligations stated in this Agreement.