By using TheMacFix you agree to the following. Payment for service shall be considered in agreement with the information provided below.
Any additional services not specified in Section 1 herein will be charged to the Customer on an hourly rate basis at Company’s standard rate of one hundred dollars ($100 USD) per hour.
Payment shall be made upon Customer’s receipt of invoice from Company or upon notification of completion of all repairs stated in Section 1 herein, whichever comes first. If any invoice is not paid in full seven (7) days after coming due, interest will be added to and payable on all overdue amounts at five percent (5%) compounded monthly, or the maximum percentage allowed under applicable laws of the state, whichever is less. Customer shall pay all costs of collection, including, without limitation, reasonable attorney’s fees.
The method of Payment by the Customer shall be by check or licensed and validated electronic money transmitters (i.e., PayPal, Venmo, PopMoney, etc.), or any prearranged payment method acceptable to Company. Any Payment under this Agreement is exclusive of any applicable taxes, tariff surcharges, or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Company to the Customer under this Agreement and such shall be payable by the Customer to the Company in addition to all other charges payable hereunder.
In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Company has the option to treat such failure to pay as a material breach of this Agreement and may cancel this Agreement and/or seek legal remedies.
3. Expenses. In addition to the Payment outlined in Section 2 herein, the Customer shall reimburse the Company for any incidental costs and expenses, such as those for parts and/or materials, the Company incurs in performing Services for Customer under this Agreement. Such reimbursement amounts will be included on the final invoice from the Company.
4. Performance. The Services performed hereunder or parts thereof will be primarily performed by the Company, but it is understood that some matters may be delegated to other parties or subcontractors under Company’s supervision.
5. Disclaimer. Company will only perform and provide services, repairs, and upgrades as requested by the Customer in writing. Company does not claim to possess any state or local certification to provide the Services herein. The Company strives to provide honest, reasonable, and reliable services of the highest quality and support but specific results cannot be guaranteed.
6. Data Loss. Customer acknowledges and understands that in the process of working on the Product, there is potential for the loss of data. Customer agrees that they have made the necessary backups of their data so that, in the event of such loss, the data can be restored. Company will not back up data for Customers unless required for the repair or specifically requested by the Customer and approved by Company in advance, in writing. Company will not be responsible for data loss or its consequences whatsoever. Customer shall be responsible for reinstalling all software programs, data, and passwords.
7. Alterations. Customer authorizes the Company or its technicians, employees, subcontractors, or assigns, providing the Service, to install any anti-virus or any other necessary software or files on Customer’s Product to perform the required Services. All such software will be deleted or uninstalled by the Company upon completion of the Service.
8. Intellectual Property. Company does not claim to own, represent, or be authorized by any third party by way of Company’s inadvertent use of any third party’s intellectual property, displayed for any incidental promotional purposes or as a result of performing the Services provided herein. Specifically, Company does not claim to be a licensed representative of Apple Inc. or an Apple Authorized Service Provider (“AASP”).
9. Limitations on Liability. To the maximum extent permitted by applicable law, Company and its employees, agents, and assigns will, under no circumstances, be liable to Customer or any subsequent party for any direct, indirect, or consequential damages, including but not limited to, tort, or otherwise (including negligence), the costs of recovering, reprogramming, or reproducing any program or data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, resulting from Company’s obligations under this Agreement. To the maximum extent permitted by applicable law, the limit of the Company and its employees, agents, and assigns’ liability to Customer or any subsequent party arising under this Agreement shall not exceed the original price paid for the Services contemplated herein. While the Company will use best efforts to fully repair the Product and maintain confidentiality of any data accessed, it specifically does not warrant that (i) it will be able to repair or replace the Product, (ii) it will be able to repair the Product without risk to or loss of data, (iii) it will maintain the confidentiality of data, (iv) or that the operation of the product will be uninterrupted or error-free.
10. Relationship of Parties. The Parties acknowledge and agree that the Services performed by Company, its employees, agents, or sub-contractors, shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship, or otherwise between the parties.
11. Indemnification. Customer agrees to indemnify and hold Company harmless from all claims, losses, expenses, fees, costs, and judgments that may be asserted against Company that result from the acts or omissions of Company and/or its employees, agents, representatives, or assigns.
12. Limitations on Warranty. Company shall provide its Services and meet its obligations under this Agreement in a timely manner, using knowledge and recommendations for performing the Services, which meet generally acceptable standards in the repairs industry. At all times throughout the term of this Agreement, Company shall take reasonable steps necessary to see that there is no material damage done to the property of the Customer. Company hereby warrants that it will only replace defective parts used in the replacement or repair outlined in Section 1 herein. This limited warranty from defect shall be the only guarantee made by Company. If Customer discovers such a defect within forty-eight (48) business hours of receipt of Product and notifies Company in writing immediately thereafter, the Company may (a) repair the defect at no charge, using new or refurbished parts that are equivalent to new parts in performance and reliability, or (b) exchange the Product with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original Product. Unless specifically stated otherwise, Company will not cover anything else incidental to this Agreement. To illustrate solely by way of example, if Customer’s Product screen is replaced by Company and the Product’s power button subsequently stops working, Company will not be responsible for the faulty power button, and shall only repair the faulty power button at full price.
13. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, by causes beyond either party’s reasonable control (“Force Majeure”), then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence by national emergencies, etc. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
14. Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
15. Termination. This Agreement shall continue, unless terminated sooner in accordance with this Section 15, until the Services are performed by Company and Company returns Product to Customer. Either party may terminate this Agreement at any time, for any reason, so long as the notice is in writing and subject to Customer’s obligation to pay Company according to the terms of this Agreement.
16. Entire Agreement. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
17. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions of this Agreement will continue to be valid and enforceable. If a court finds that any provision of this Agreement is valid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
18. Amendment. This Agreement may be modified or amended in writing, if the writing is signed by both parties.
19. Governing Law. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflicts of law principles.