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Thread: My computer work agreement, thoughts?

  1. #1
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    My computer work agreement, thoughts?

    Like many of you, I perform occasional cleanups/repairs on people's computers. Below is a one-page work agreement I wrote last year and revised today. Anything any of you pros think is missing?


    TERMS OF SERVICE FOR COMPUTER DIAGNOSIS, CLEANUP, AND/OR REPAIR
    (Revised 11/7/2012)

    PRICING
    All prices are fixed and non-negotiable, and may increase at any time. The appropriate fee of either $PRICE1 or $PRICE2 (per computer) will be applied at the discretion of the repairer.

    • $PRICE1 (Basic virus/spyware removal, system updates and tuning)
    • $PRICE2 (Advanced virus/spyware removal, system updates and tuning)
    • $PRICE3 (Reinstallation of Windows and software, system updates and tuning)
    • $PRICE4 (Data recovery; if unsuccessful, the standard $PRICE1 fee applies)


    DURATION OF REPAIR
    Repairs are typically completed within 24 hours; the time necessary to repair computer(s) in the manner detailed in this agreement, however, is dependent upon factors including, but not limited to: 1) holidays or weekends; 2) speed and age of the computer; 3) level of infection or type of system problem(s). Repairer will contact the client if additional time is required.

    TYPE OF WORK PERFORMED
    Affecting cleanup and repair of computer(s) may include, but is not limited to:

    • Removal of Windows password to access computer;
    • Removal of third-party browser toolbars and “no-name” software and/or utilities;
    • Removal of OEM/third-party anti-virus or anti-spyware software (Norton, McAfee, etc.);
    • Full system scan(s) using Microsoft-branded anti-virus and publicly-available anti-spyware tools;
    • Deletion of temporary files, browser cookies, etc., which may require the client to re-enter passwords;
    • Installing updates to Windows and other common programs such as Adobe Flash Player and Java.


    DATA BACKUP (IF REQUIRED)
    If it is determined that a failing hard drive is the cause of, or is a contributor to, symptoms detailed by the client, a temporary backup of all documents, music, pictures, videos, bookmarks, and email directory will be performed. Upon completion of cleanup as described above, the backup will be permanently deleted. This data backup is performed as a courtesy only; it is assumed that the client performs a regular and thorough backup of all personal data and the repairer is not responsible for data loss due to virus or spyware infection or hardware failure, either while the client’s computer(s) is in the possession of the repairer or any time after it is returned to the client.

    LEGAL REQUIREMENTS
    Any material that violates local, state, or federal law observed during the cleanup process will be reported to the appropriate authorities.

    If any software on the system (such as Windows or Office) is determined to not be genuine, the repair will immediately cease, the computer will be returned to the client in the state it was in at the time of the determination, and the standard $PRICE1 fee will apply. No further work will be performed until genuine software licenses are purchased and applied to the system by the client, and subsequent work will be billed at the rates stated above.

    By signing, printing your name, and dating below, you agree to these terms for the initial repair and all future repairs unless this agreement is updated or changed, at which time you will be asked to re-authorize the work to be performed in accordance with the new terms.


    Sign/Print Name/Date Area

  2. #2
    R.I.P. Nov 2015 RaisinCain's Avatar
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    Looks pretty good but you could always make more $$$ if you sold the person with the unlicensed software a license for said software. Also I would setup a server for data backup storage. Keep them for 2 weeks before deletion (I usually backup the whole drive just in case the client has file(s) in odd places and realizes that they aren't there after the repairs. .

  3. #3
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    Selling a license might be feasible. The backup is strictly a courtesy as the agreement states, though. I'm not magnanimous enough to do a server and that kind of retention.

  4. #4
    R.I.P. Nov 2015 RaisinCain's Avatar
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    The backup may be a courtesy but it one the customer will pay for- TRUST ME! Most users don't realize the amount of data that they have accumulated over time without having a backup. Not a proper server exactly just a box with say a couple of 2TB HDD (whatever RAID you want to set up) running a copy of Windows (Linux if you prefer) just as a temporary location to store their data until they are satisfied that they have it all.

    I have an example to share right now actually. Old HP desktop. "I just need my Outlook Express e-mails and address book". I go through the failing drive and get not only the info she requested but about 1500 personal/family pics! She paid for the backup to my server needless to say after I told her.

  5. #5
    Elite Member TonyT's Avatar
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    Add non-refundable to Pricing.

    I would get rid of this:
    Any material that violates local, state, or federal law observed during the cleanup process will be reported to the appropriate authorities.

    because it could deter the customer from having work done. For example, a customer could have 80 GB of digital music that was acquired using P2P software. You may not know that's how he/she got the tunes, but he certainly does! And you end up "almost finding out about" what he/she did. "Almost finding out" can dangerously impede communication and cause the person to become disagreeable.

    Another example would be the customer had malware write child porn links to Favorites. (I've seen this occur.) But you get the comp and have no idea how those sites got bookmarked. You find them and do what? Erroneously report to authorities?

    It could be worded differently, or omitted completely.


    I'd also change the Legal to reflect protecting YOU, i.e. LIABILITY.

    Not that important if his Windows is not genuine. He could have been sold a comp that way. (I've seen that too.) Drop that section entirely and if you encounter non-genuine software such as Windows or Office, inform the client and offer to "uninstall > sell > install" genuine software. And if the customer complains and doesn't want further work done, well you cover yourself financially by stating a minimum charge in the Pricing section. That covers your pick up, delivery and time spent.

    Have a look at some Computer Repair Contracts and you can grab the stuff you need for yours.
    No one has any right to force data on you
    and command you to believe it or else.
    If it is not true for you, it isn't true.

    LRH

  6. #6
    Ft. Couch! morbidpete's Avatar
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    Only thing I would change is on the illegal software, Maybe give them the option to uninstall the software also, Not just obtain a license.

  7. #7
    R.I.P. 2018-07-16 RoundEye's Avatar
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    “I am not responsible for any error/mishap that makes any or all data totally unrecoverable.” I would add/rephrase that to your liking. I’ve copied files to paste them into another folder to have them simply disappear. It may have been my fault somehow or the extensive malware/spyware on the PC. Anyway I’d cover my ass.
    Sliding down the banister of life ..........................

  8. #8
    Moderator YeOldeStonecat's Avatar
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    Price 1, 2, and 3..can often be blurred. Dealing with systems hit by todays malware....hard to reliably determine how long the cleaning will take. Some malware variants can be quick 'n easy...yet others..even if it's the same "name" rogue..may be some variant that is time consuming to get rid of, or their system was so far outdated with updates and the malware was able to reach deep into the system and really scramble it up. It's just hard to predict. Thus...I'd be wary about giving a price up front. (I don't know if you do that).

    After doing more and more volume of these...you'll learn that sometimes just doing strict "backup certain data by hand" won't cut it. They may have something else on the system you missed, or they didn't tell you about <==usually the case...and they'll bitch 'n moan afterwards. I see your contract has a "tough ****" attitude about that...but if you're going to be doing this more and more as a profession...even just a part time pizza tech....may want to take some further steps to protect yourself, yet keep it easy. If it's remotely possible that the system may die during our repair, we do a VHD image of the whole drive. That way we can go back afterwards and "grab something else" that may have been missed...if the clients HDD went Tango Uniform, or we had to nuke 'n pave.

    Backing up clients data to your system opens up a whole new world of potential liability. Said client may have sensitive info....potential HIPAA doors get opened. Down the road you might work on a system that has a trojan, you connect your backup drive to it, thus opening doors to harvesting of data on volumes. Or...your backup system might get replaced or die and tossed in the trash....some dumpster diver finds it, pawn shop, under the microscope to recover potentially lucrative info on it to sell to the black market (like pawn shops are known to do). So when you do backup data...even if you delete it the next day, or a month or two later (we hold for several months)...the time duration doesn't matter for liability...but what counts is how are you "cleansing" that info from your backup drive(s)?

    We scan infested computers with many different antivirus and malware cleaning tools. But not to take the thread into a "how to and methods" approach..I just want to point out that the TOS for those "publicly available malware cleaning tools" opens a potential door. Such as Spybot, MalwareBytes, etc. They are free for use by home owners, and not free for commercial use. Since your contract has you stating you use those tools...and you charge for it...we can assume that you purchased the "IT License" version of those tools? //wink wink

    To sell/resell commercial AV products...since you're probably small and doing this part time, you may find it not worth your time. You really don't make much on reselling on the individual license scale...really only becomes profitable do resell AV on a large scale such as with business clients...a site license for say...a dozen or 50 computers or 100, annually. On the individual scale, for "home users"...you're sort of obligated to start tracking those licenses, and anniversary dates (expiration dates), contacting to renew, etc. Pain in the butt, and time consuming. For home users, including my family, friends, neighbors, etc...I just use MSE. Yeah its detection ain't the greatest, but factor in ease of use, reliability of updates, no nags for upgrading to pro versions, and very importantly...no expiration of license....and it does work fairly well.
    MORNING WOOD Lumber Company
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  9. #9
    Maneater JawZ's Avatar
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    Inspect the machine prior to work and have the client sign off on it so you can avoid any charges of physical damage while under your control.

    ...formerly the omnipotent UOD

  10. #10
    R.I.P. Nov 2015 RaisinCain's Avatar
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    Another thought that I had was to make your repair business official and get a lawyer to make it an LLC and possible reword what you already have. Apart from that I believe that the original layout and other suggestions would do well if implemented.

  11. #11
    Second Most EVIL YARDofSTUF's Avatar
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    I like TonyT's changes.

    I charge people if I have to make a house call as well. Its helped a little, but there are always people that don't want to pay anythign if its a quick fix, yet it still wasted my time.

  12. #12
    R.I.P. 2018-07-16 RoundEye's Avatar
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    I’d charge something cheap for a house call, just to get my foot in the door. You’ll make the money up if you charge a one hour minimum, even if it only took you 15 minutes to fix the PC. You can take up some time running a spyware or malware programs so the customer doesn’t feel completely burned.
    Sliding down the banister of life ..........................

  13. #13
    Work?, don't work.

    You want an agreement that lets you sleep at night and 7 long weekends a year?
    What do you want?

    24/7 Burke?

    A bridge, or un abridgedd?

    You know your stuff. Let them get Gary? Who is gary? Gary will be 14 years old in sixteen years?

  14. #14
    R.I.P. 2018-07-16 RoundEye's Avatar
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    I still haven’t come to the decision if that brain of yours is working or not.
    Sliding down the banister of life ..........................

  15. #15
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    Well, certainly a lot of good advice and changes to consider.

    This isn't a business for me, it's a casual, "Hey, are you so-and-so's brother who knows how to fix a computer?" kind of thing. I get one, maybe two, of these a month. Usually it's a basic virus/spyware removal and cleanup for an old lady who grandkids come over and screw up her computer. Most of the people are lower-income so I charge what most would consider chicken feed, but mainly it's that I like for people to not be frustrated with a slow or crapped-up PC.

    Maybe I'm being too fancy with the service agreement; I could get really barebones with it.

    If I see Gary Glitter wallpaper, I call the cops.

    If a tornado destroys my house, not my fault.

    If your hard drive craps out, hope you have a backup.

    Here's how much, and you come pick it up.

    You down, playa?

    Sign Here.

  16. #16
    Second Most EVIL YARDofSTUF's Avatar
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    ^ If you do that you should start with "Yo"

  17. #17
    If I was you?

    I would take charge og the biggest alchol chain there is.

    Be in charge of every brewery, every distallery, every distributor, every bar, every club, everything alcohol.

    I cannot be the IT guy for the whole planets consumtion of alchol. I'm not that Teck smart.

    You are>?

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