Repair Terms of Service

Repair Terms of Service

2022

These Repair Terms of Service (the “Agreement”) apply generally to all repair services (the “Services”) and govern your use of the Services 

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR, AND THIS AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

1. Definitions: In this Agreement: (a) the words "Our" and "Us" and “We” mean the Company and its respective parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns, and, for the purposes of all Sections of this Agreement except Sections 14 , 21, and 23, shall also include its System Operators; and (b) the words "You" and "Your" and “Yourself” mean a person or business who uses the Services and any person or entity represented by that individual; (c) the term “Service Authorization & Estimate” means the receipt that You are provided and agree to prior to the commencement of Services, which describes the Services to be performed and the estimated costs; (d) the word “Device” means the eligible device, as defined in this Agreement, identified on the Service Authorization & Estimate on which You authorize Us to perform the Services; and (e) the word “Website” means https://phonerepairtech.us/.

2. Privacy Policy: You acknowledge that when You visit the Website or use the Services, We may use automatic or other means (including, for example, cookies and web beacons) to collect information about You and Your Device and/or about Your access or use of the Website. You also may be required to provide certain information about Yourself and/or Your Device as a condition to receiving the Services, and the Services may provide You with opportunities to share information about Yourself with others. All information We collect through or in connection with the Services is subject to Our Privacy Policy which is available at https://phonerepairtech.us/privacy-policy and explains Our policies with respect to the collection, use and disclosure of information related to or derived from Your use of the Website and Services. Please read the Privacy Policy carefully and completely. It is incorporated by reference into this Agreement, and by using the Services, You consent to the collection, use and disclosure of Your information as set forth in that Policy. Because We cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Us at Your own risk. If You know or suspect that the passwords associated with or stored on Your Device have been available to or accessed by anyone as a result of Your use of the Services, You should immediately change or reset those passwords.

3. Representations: When seeking the Services, You represent to Us that You are the owner and/or have the authority to consent to an inspection and repair of the Device. We reserve the right to refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to Us that any information or data disclosed to Us is not confidential or proprietary to You or any third party.

4. Authorizations: You authorize Us to perform the Services, including but not limited to repairs, technical support, in-home services, and other services as provided by participating stores, described in the Service Authorization & Estimate, subject to this Agreement. When seeking certain Services, You (a) expressly consent to inspection and repair of the Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible.

5. Scope of the Services: The Services include repair of Your Device and, if applicable, the operating systems and software applications either thereon or intended to be used thereon, and may include technical support services related to either the repair of Your Device or the optimization of Your usage of Your Device. Services may also include technology recycling that may be subject to separate terms and conditions. You acknowledge that in performing the Services, We may use new, rebuilt, reconditioned or refurbished parts or components, and original or non-original parts. The Services are not provided as part of the original manufacturer’s warranty. If Your Device is under any applicable manufacturer’s or other warranty, You acknowledge that the Services may void the manufacturer’s warranty.

6. Availability of the Services. The Services are available for all eligible Devices during the operating hours of the stores and/or service centers in the System, as determined by System Operators. Where applicable, an individual seeking to use the Services on behalf of Your company may be required to provide identifying information including whether the individual is an owner, member, partner, director, manager, employee, or agent of Your company. Eligible Service Locations: When You schedule onsite or in-home Services, eligibility is subject to participating stores, the availability of the onsite or in-home Services in Your geographic location, and/or subject to the eligibility requirements set forth in this Agreement. We reserve the right to cancel or refuse Services as necessary, including if We determine the Service location is cost prohibitive for Our Service technicians to travel to in order to perform the Services.

7. Eligibility For Services. Eligible devices may include, without limitation, cellular phones, laptops, tablets, gaming devices, televisions, printers, smart home products, and any other devices as determined by Us in Our sole discretion. Service eligibility and initiation of the Services is subject to: (a) a visual and physical inspection of the device to Service; (b) confirmation that the device is eligible, accessible and serviceable subject to Our service eligibility criteria which is determined at Our sole discretion; and/or (c) confirmation that no modifications to the device exist that would make the device ineligible or unsafe for the performance of Services. Subject to Our sole discretion, We determine eligibility for onsite and in-home Services during the scheduling process, and confirm eligibility in accordance with the requirements of this Agreement at the designated Service location.

8. Back Up: You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting or otherwise protecting Your data from unauthorized use. We are not responsible for any loss, alteration or corruption of any hardware, software, data or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files, data or programs. We will not treat data on Your Device as confidential and We disclaim any agreement with You or other obligation to do so.

9. Abandonment: We will contact You when the Services have been completed and Your Device is ready for pick up. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than thirty (30) days, or other longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property in Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.

10. Replacement Devices: Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be used or refurbished.

11. Limited Warranty: The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of thirty (30) days from the date the Services are completed (the “Limited Warranty”), subject to the provisions and exclusions set forth herein.

• A. Limited Warranty Exclusions: This Limited Warranty does not apply to Services      or repairs performed on Devices that have been exposed to moisture or      liquids outside of the manufacturer’s intended use, regardless of whether      the Services attempted to repair such damage or exposure. This Limited      Warranty does not provide coverage for Devices which have been subjected      to abuse, misuse, damage due to external causes or an Act of God, normal      wear and tear which does not affect the original manufacturer’s intended      use, battery leakage or damage resulting from battery leakage.      Furthermore, this Limited Warranty does not cover defects resulting from      any action by You, including but not limited to mishandling, physical      damage, operation outside of design limits, improper repair by someone other      than Us, or unauthorized modification. This Limited Warranty does not      apply if Your Device shows evidence of tampering or shows evidence of      being damaged as a result of excessive corrosion, electrical current,      heat, moisture or vibration, or as a result of improper specification,      misapplication or other operating conditions outside of Our control. This      Limited Warranty covers the following software Services only: factory      restores, backups, jailbreaks, and unlocks. This Limited Warranty does not      apply to Devices with software modifications performed by someone other      than Us following the completion of the Services, including without      limitation updated software, use of unauthorized or unapproved software,      viruses, malware, spyware, or attempts to modify any software that has      been installed by Us. This Limited Warranty is non-transferable and does      not apply to Devices on which the serial number has been altered, defaced      or is missing.
• B. Ownership of Repaired or Replaced Parts and Devices: Unless otherwise required by law, all replaced      Devices, parts, components, boards and equipment will become Our property,      and You waive all rights you may have under state or other laws to the      replaced Device or repaired or replaced parts.
• C. Limited Warranty Procedure: If Your repaired or replacement Device      malfunctions within the thirty (30) days Limited Warranty term, it must be      returned to a store or service center within the System for evaluation by      Us, and You will be responsible for any applicable shipping costs. If,      upon Our examination, We determine at Our sole discretion that the parts      or repairs used to perform the Services were defective, or in the case of      a replacement Device, that the replacement Device is defective, it will be      repaired at no charge.
• D. No-Lemon Policy: For      replacement Devices only, if we have performed one (1) covered repairs on      your replacement Device pursuant to this Limited Warranty, and it requires      a second (2th) repair within the thirty (30) day Limited Warranty term, we      will not be responsible for further repairs to the device

12. DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY US IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

13. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Modification: We reserve the right to modify this Agreement, and, where applicable, Your continued use of the Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.

15. Severability & Waiver: You and We agree that if any term of this Agreement is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.

16. Meta - Data: You understand and agree that We may collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Us to enhance and improve this process, may be shared with Our affiliates, and will not be distributed further without your consent. Data types that may be collected from Your Device include: Device phone number, Device model number, Device IMEI, Device serial number, downloaded applications & their respective settings and host applications & their respective settings.

17. Arbitration Agreement. Most of Your concerns about the Services can be addressed by contacting Us at phonerepairtechus@gmail. For any dispute with Us, You agree to first contact Us and attempt to resolve the dispute with Us informally.

• A. YOU AND WE AGREE TO RESOLVE ANY DISPUTES THROUGH      BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF      GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE      PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE ALL RIGHTS TO      A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE      PROCEEDINGS. This Arbitration      Agreement ("ARB") shall survive the termination of the Agreement      and is governed by the Federal Arbitration Act. This ARB shall be      interpreted broadly, and it includes any dispute You have with Us that      arises out of or relates in any way to Your relationship with Us or the      Services, whether based in contract, tort, statute, fraud,      misrepresentation or otherwise. However, this ARB does not preclude You      from bringing an individual action against Us in small claims court or      from informing any federal, state or local agencies of Your dispute. Such      agencies may be able to seek relief on Your behalf.
• B. To      initiate arbitration, send a written Notice of Claim by certified mail to:      Phone Repair Tech 3241 Avent Ferry Rd #101 Raleigh, NC 27606  ATTN:  Phone Repair Tech. The Notice must      describe the dispute and the relief sought. 

26. Services Exclusions. Technical support Services may have limitations and exclusions including but not limited to (a) assistance with third-party software or services that are not related to Your Device; (b) installation of third-party software or OEM drivers not supported by Your Device; (c) assistance with network coverage issues, such as dropped calls/data interruptions; (d) over-the-air updates to operating systems, firmware, or some software; (e) diagnostic support not related to Your Device; (f) modification of Original Equipment Manufacturer ("OEM") software; (g) hardware and equipment setup and repair; (h) installation of non-sanctioned applications; or (i) assistance with enterprise level software industry specific hardware or equipment.

27. Commercially Reasonable Efforts & Technical Problems. We will use commercially reasonable efforts to provide You with the Services and Website. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have the right, at Our sole discretion, to refuse to take any further steps to resolve the issue related to Your Device. Additionally, in some instances, We may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.