Repair Terms and Conditions | Privacy Policy
On the Spot Tech Solutions Terms of Service
1. Definitions
In these Terms of Service (the “Agreement”), the following terms shall have the following meanings:
(a) “We,” “Our,” or “Us” refers to On the Spot Tech Solutions, the service provider.
(b) “You,” “Your,” or “Yourself” means the individual or entity using the services provided by On the Spot Tech Solutions.
(c) “Services” refers to the repair and technical support services offered by On the Spot Tech Solutions.
(d) “Device” means the electronic device, as specified in this Agreement, for which You are seeking repair or technical support.
(e) “Website” refers to the official website of On the Spot Tech Solutions, which is [www.onthespottechsolutions.com].
2. Privacy Policy
When You access the Website or use the Services, We may collect information about You and Your Device. By using the Services, You agree to the collection, use, and disclosure of Your information as described in Our Privacy Policy, which is available at [www.onthespottechsolutions.com/about/].
3. Representations
By using Our Services, You represent that You are the owner of the Device or have the authority to authorize repairs or technical support for the Device. We reserve the right to refuse service if You do not have the necessary authorization.
4. Authorizations
You authorize On the Spot Tech Solutions to perform the Services, as described in the Service Authorization & Estimate, and to make necessary changes to Your Device for the purpose of providing the Services.
5. Scope of the Services
Our Services include repair of Your Device, technical support, and optimization of Your device’s usage. We may use new, rebuilt, or refurbished parts in the repair process. Please note that Our Services do not cover devices under the original manufacturer’s warranty.
6. Availability of the Services
The availability of Our Services is subject to operating hours and eligibility criteria determined by On the Spot Tech Solutions. We reserve the right to refuse Services if it is cost-prohibitive to perform them.
7. Eligibility for Services
Eligible devices include, but are not limited to, smartphones, laptops, tablets, gaming devices, and other electronic devices. Eligibility for onsite or in-home Services is determined at Our discretion.
8. Back Up
You are responsible for backing up any data on Your Device before seeking Our Services. We are not liable for any data loss or corruption.
9. Abandonment
If You fail to pick up Your Device or arrange for its return for an extended period following the completion of Services, Your Device may be deemed abandoned and become the property of On the Spot Tech Solutions.
10. Replacement Devices
We will be responsible for the safekeeping of Your Device while in Our possession. In the event of loss, theft, or damage to Your Device during Our possession, We will repair or replace it as determined by Us.
11. Limited Warranty
Repairs, parts used in the Services, and replacement Devices provided by On the Spot Tech Solutions are warranted for a period of one (90) days from the date the Services are completed. Certain exclusions apply as outlined in this Agreement.
12. Disclaimer of Other Warranties
We disclaim all other warranties, whether express, implied, or statutory, except as specifically stated in this Agreement.
13. Limitation of Liability
We shall not be liable for indirect, incidental, consequential, or exemplary damages arising from Your use of the Services.
14. Modification
On the Spot Tech Solutions reserves the right to modify this Agreement, and Your continued use of the Services constitutes acceptance of any modifications.
15. Severability & Waiver
If any term of this Agreement is found to be invalid, it shall be modified or severed, and failure to enforce a term shall not be deemed a waiver.
16. Meta-Data
We may collect meta-data during diagnostic evaluation to improve future functionality and symptom evaluation. Your data privacy is important to us.
17. Arbitration Agreement
Disputes shall be resolved through binding arbitration. You and We agree to waive the right to a jury trial or class actions.
18. Class Action Waiver
Claims must be brought individually, and class actions are waived.
19. Third-Party Content
We are not responsible for third-party content accessed through the Services.
20. Intellectual Property Rights
All intellectual property rights associated with the Services are owned by On the Spot Tech Solutions.
21. Indemnification
You agree to indemnify Us from any claims arising from Your use of the Services.
22. Assignment
This Agreement may not be transferred or assigned by You but may be transferred by Us.
23. Entire Agreement & Governing Law
This Agreement constitutes the entire agreement and is governed by the laws of [California].
24. Misuse
Misuse of the Services is prohibited and may result in the termination of Your access.
25. Services Exclusions
Certain limitations and exclusions apply to technical support Services.
26. Commercially Reasonable Efforts & Technical Problems
We will make commercially reasonable efforts to provide the Services, but certain technical problems may be beyond Our control.
Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The ON THE SPOT TECH SOLUTIONS LLC (“ON THE SPOT TECH SOLUTIONS, LLC”) Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the ON THE SPOT TECH SOLUTIONS, LLC service that Customer has purchased (the “Service”). These terms and conditions constitute the entire agreement between Customer and ON THE SPOT TECH SOLUTIONS, LLC in regards to the Service.
CUSTOMER’S RESPONSIBILITY TO BACK-UP AND REMOVE DATA
Customer agrees that prior to ON THE SPOT TECH SOLUTIONS, LLC performing service, it is Customer’s responsibility to (1) back-up the data, software, information, or other files stored on Customer’s devices including but not limited to computers, mobile phones, mobile devices, tablets, game consoles, disk drives, hard drives, peripherals, MP3 players, DVD players, camcorders, digital cameras, and/or on any other electronic storage device; and (2) remove all videotapes, compact discs, floppy disks, laser discs, cassettes, DVDs, flash drives, memory cards, film, or other media from Customer’s devices. Customer agrees that whether or not Customer requests back-up services from ON THE SPOT TECH SOLUTIONS, LLC and/or its third-party service provider, neither ON THE SPOT TECH SOLUTIONS, LLC nor its third-party service provider shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files on any devices given for and/or in connection with the services.
SOFTWARE
ON THE SPOT TECH SOLUTIONS, LLC may utilize tools/software it deems necessary for diagnostics and repair, including remote access, and may install software that allows you to obtain additional technology services. For software installations, Customer authorizes ON THE SPOT TECH SOLUTIONS, LLC to accept End User License Agreements on Customer’s behalf.
MODIFICATIONS / CHANGES / DISCONTINUATION TO TERMS OF SERVICE AND SERVICE
ON THE SPOT TECH SOLUTIONS, LLC may change the terms and conditions of the Service from time to time. ON THE SPOT TECH SOLUTIONS, LLC reserves the right to modify or discontinue the Service with or without notice to Customer. ON THE SPOT TECH SOLUTIONS, LLC shall not be liable to Customer or any third party should ON THE SPOT TECH SOLUTIONS, LLC exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
LIMITATIONS TO SERVICE
ON THE SPOT TECH SOLUTIONS, LLC shall not be liable for any failure or delay in performance. ON THE SPOT TECH SOLUTIONS, LLC and/or its third-party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part depending upon the amount of work already completed as determined by ON THE SPOT TECH SOLUTIONS, LLC.
INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless ON THE SPOT TECH SOLUTIONS, LLC (and its affiliates and their respective officers, directors, employees, and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to the cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon, or suffered by ON THE SPOT TECH SOLUTIONS, LLC by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret, or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due ON THE SPOT TECH SOLUTIONS, LLC or third parties; (d) Customer’s failure to comply with applicable laws, regulations, or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees, or agents).
DISCLAIMER OF WARRANTIES
IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK UP ALL DATA ON COMPUTERS AND OTHER DEVICES; ON THE SPOT TECH SOLUTIONS, LLC WILL NOT BE HELD LIABLE FOR THE LOSS OF ANY CUSTOMER DATA.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ON THE SPOT TECH SOLUTIONS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ON THE SPOT TECH SOLUTIONS, LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ON THE SPOT TECH SOLUTIONS, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.