Additionally, by using our websites, applications, content, products, and communication channels ("Site"), you acknowledge and agree that Internet transmissions are never completely private or secure.
These Terms and conditions of Use ("Terms") govern the access or use by you, an individual, of content, products, applications, websites, and services (the "Services") made available by Smarttfix LLC, a company registered on New York and its subsidiaries and affiliates (collectively, "Smarttfix LLC"). In these Terms, the words "including" and "include" shall be read and inferred to mean "including, but not limited to."
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.
These terms establish a contractual relationship between you and Smarttfix LLC, and your use and access of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Smarttfix LLC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, notwithstanding the provisions of these Terms.
Supplemental and/or amended terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental/amended terms will be disclosed to you in connection with the applicable Services for a particular event, activity or promotion, as applicable. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. In the event of any conflict between Supplemental terms and these Terms, then the Supplemental terms shall prevail.
Smarttfix LLC may amend the Terms related to the Services from time to time in Smarttfix LLC’s sole discretion. Amendments to the Terms will be effective upon Smarttfix LLC's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. It is your responsibility to determine if the Terms have been amended prior to each use of the Services, and your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that connects
YOU ACKNOWLEDGE AND AGREE THAT Smarttfix LLC DOES NOT PROVIDE CELLULAR PHONE AND/OR TABLET REPAIR AND/OR PC OR LAPTOP REPAIR OR SUPPORT SERVICES OR LOGISTICS OR TV OR SMART HOME DEVICE INSTALLATION AND/OR SUPPORT OR FUNCTION AS A CELLULAR PHONE AND/OR TABLET AND/OR PC OR LAPTOP REPAIR SERVICES COMPANY OR TV OR SMART HOME INSTALLATION AND/OR SUPPORT COMPANY. Smarttfix LLC’s SERVICES ARE TO BE USED BY YOU, IF AT ALL, FOR THE PURPOSE OF REQUESTING AND SCHEDULING REPAIR OR INSTALLATION OR SUPPORT SERVICES OR LOGISTICS SERVICES WITH THIRD PARTY PROFESSIONALS FOR ELECTRONIC DEVICES, BUT YOU AGREE THAT Smarttfix LLC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY REPAIR OR INSTALLATION OR SUPPORT SERVICES OR LOGISTICS PROVIDED TO YOU BY THE THIRD PARTY PROFESSIONALS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
Smarttfix LLC DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROFESSIONALS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROFESSIONAL WILL MEET YOUR NEEDS AND EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL Smarttfix LLC PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROFESSIONAL. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROFESSIONALS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THIRD PARTY PROFESSIONALS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. Smarttfix LLC SHALL NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROFESSIONALS.
So long as you are in (and remain in) compliance with these Terms, Smarttfix LLC grants you a limited, non-exclusive, non-sublicensable, revocable at Smarttfix LLC's sole discretion, and non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Smarttfix LLC and Smarttfix LLC's licensors, if any.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) exploit the Services, including but not limited to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast the Services except, as expressly permitted by Smarttfix LLC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services without the express written consent of Smarttfix LLC; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain Smarttfix LLC's property or the property of Smarttfix LLC's licensors (if any).
Under no circumstances, unless otherwise agreed in writing by Smarttfix LLC, will these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Smarttfix LLC's company names, logos, product and service names, trademarks or services marks or those of Smarttfix LLC's licensor. Smarttfix LLC will aggressively defend any and all of its rights to ownership.
You must register for and maintain an active personal user Services account ("Account") in order to use most aspects of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Smarttfix LLC certain personal information, such as your name, mobile phone number and age, as well as at least one valid form of payment. In order to continue using the Services, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or Smarttfix LLC's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Smarttfix LLC in writing, you may only possess one Account. Smarttfix LLC may terminate these Terms and its relationship with you for any violation of these Terms.
If you invite a guest to participate in the Services, you acknowledge and agree that (a) you will indemnify, defend, and hold Smarttfix LLC harmless from any claims, allegations, damages, or other demands against Smarttfix LLC for any and all damages alleged or sustained by such guest, and (b) you acknowledge that you have obtained from such guest a copy of these Terms signed and agreed to by such guest. You agree that you will transmit to Smarttfix LLC a true and correct copy of the Terms signed by the guest upon written demand.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive cellular phone and/or tablet and/or PC or laptop computer repair services or TV or smart home installation or support services from Third Party Professionals unless they are accompanied by you. You agreed to indemnify, defend and hold Smarttfix LLC and the Third Party Professionals harmless from any consequences resulting from your decision to permit a person under the age of 18 to participate in the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Professional or any other party, in your use of the Services.
You agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. If at any time you determine you no longer want to receive text (SMS) message you may opt-out of receiving such messages by emailing email@example.com with your request. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Smarttfix LLC may, in Smarttfix LLC's sole discretion, create and offer promotional codes related to a Third Party Professional’s services, subject to terms that Smarttfix LLC establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Smarttfix LLC; (iii) may be disabled by Smarttfix LLC at any time for any reason without liability to Smarttfix LLC; (iv) may only be used pursuant to the specific terms that Smarttfix LLC establishes for such Promo Code; (v) have no cash value; and (vi) may expire prior to your use. Smarttfix LLC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Smarttfix LLC determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Smarttfix LLC may do so in Smarttfix LLC's sole discretion.
Smarttfix LLC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You understand and acknowledge that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You are responsible for any and all software and hardware requirements necessary or preferable for using the Services, including but not limited to acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto, as well as obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.
Smarttfix LLC may, in Smarttfix LLC's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Smarttfix LLC through the Services textual, audio, and/or visual content and information, which includes any and all information you submit, upload, publish or otherwise make available to Smarttfix LLC through the Services ("User Submitted Content"). While any User Submitted Content provided by you remains your property, by providing User Submitted Content to Smarttfix LLC you grant Smarttfix LLC a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Submitted Content in all formats and distribution channels now known or hereafter devised (including but not limited to in connection with the Services and Smarttfix LLC's business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. By providing User Submitted content you hereby agree with all the terms and provisions of these Terms relating to User Submitted Content.
By providing User Submitted Content, you are representing and guaranteeing that: (i) you are the sole and exclusive owner of all User Submitted Content or you have all rights, licenses, consents and releases necessary to grant Smarttfix LLC the license to the User Submitted Content as set forth in the Terms; and (ii) neither the User Submitted Content nor your submission, uploading, publishing or otherwise making available of such User Submitted Content nor Smarttfix LLC's use of the User Submitted Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify, defend, and hold Smarttfix LLC harmless from any and all claims alleged against Smarttfix LLC relating to the User Submitted Content.
You represent, guarantee and agree not to provide any User Submitted Content that is determined by Smarttfix LLC, in its sole discretion, to be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether or not any State or Federal law may protect such material. Smarttfix LLC may, but shall not be obligated to, review, monitor, or remove User Submitted Content, at Smarttfix LLC's sole discretion, and at any time and for any reason, without notice to you.
You understand and agree that use of the Services may result in payments by you for the services you receive from a Third Party Professional ("Charges"). After you have received services obtained through your use of the Service, Smarttfix LLC will facilitate payment of the applicable Charges on behalf of the Third Party Professional, solely as such Third Party Professional's limited payment collection agent, using the preferred payment method you have designated when initiating or modifying your Account, and will send you a receipt by email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Professional. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Smarttfix LLC in its sole discretion. While you do retain the right to request lower Charges from a Third Party Professional for services received by you from such Third Party Professional at the time you receive such services from the Third Party Professional, Smarttfix LLC will respond accordingly to any request from a Third Party Professional to modify the Charges for a particular service.
You understand and agree that (i) all Charges are due immediately and (ii) payment will be facilitated by Smarttfix LLC using the preferred payment method you have designated when initiating or modifying your Account. If your primary Account payment method is determined to not able to be charged for any reason whatsoever, you agree that Smarttfix LLC may, as the Third Party Professional's limited payment collection agent, use a secondary payment method in your Account, if available.
Smarttfix LLC reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Smarttfix LLC's sole discretion. Smarttfix LLC will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Smarttfix LLC may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from a Third Party Professional at any time prior to such Third Party Professional's arrival.
The Third Party Professional provides you with a 90 day guarantee on the cellular phone and/or tablet repair services as follows: (a) Screen/LCD and/or any other repaired or replaced parts that malfunction, or do not work as intended or designed to work, and (b) the guarantee provided is limited to the parts and/or service(s) that you paid for. Except as otherwise provided in these Terms, the guarantee extends to cover the labor cost of part replacement and any other repairs specifically resulting from the initial repair.
The guarantee set forth above does not protect against: (a) your actions that cause damage to the device that was repaired by the Third Party Professional, (b) software issues unrelated to the repair, (c) devices that have been jailbroken, (c) any loss of data occurring as a result of the repair (YOU ARE ADVISED TO BACK UP ALL DATA PRIOR TO ANY REPAIR ATTEMPT), (d) any issue you knew about and advised the Third Party Professional or Smarttfix LLC related to the device separate from the repair, and noted prior to the repair being made, (e) water damage. The guarantee set forth in these Terms is valid only for the specific device repaired and the original customer. Under no circumstances is the guarantee transferable to different devices or to an individual that is not you
While you will notify Smarttfix LLC of any guarantee claim, and Smarttfix LLC will thereafter notify the Third Party Professional of the need to investigate the guarantee claim, liability for performing the guarantee repair services will rest solely with the Third Party Professional that performed the repair service. By using the Services, you are authorizing the Third Party Professional to perform repair work on your cellular phone or tablet device. You understand that neither Smarttfix LLC nor the Third Party Professionals are an Authorized Service Provider (ASP) of any cellular phone or tablet manufacturer, including but not limited to Apple Inc., and that neither Smarttfix LLC nor the Third Party Professional are in any way affiliated with the cellular phone or tablet manufacturer, including but not limited to Apple Inc. Further, by using the Services you agree to release, indemnify, and hold Smarttfix LLC harmless from liability for any claims or damages of any kind or description that may arise from any cellular phone or tablet device repair work performed on your device unless it is caused by the gross negligence of the Third Party Professional
By utilizing the Services you understand that Smarttfix LLC has no liability for any data loss, which may occur as a result of work done on your device. You also understand that you have the option to, and are responsible for backing up your device before allowing the Third Party Professional to perform repair work on your device.
By utilizing the Services you understand that any repairs or technical assistance rendered by the Third Party Professional may void manufacturer guarantees for the device repaired, and that Smarttfix LLC will not assume any liability or guarantee in the event that the manufacturer guarantees are voided. Smarttfix LLC and the Third Party Professionals have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer.
Smarttfix LLC will guarantee to you that from the date the repair Services are provided to you and for a period of 90 days following such date, so long as you remain the owner (“Guarantee Period”), each part and accessory provided to you as a component of the repair performed by the Third Party Professional under these Terms will be materially free of manufacturing defects. Smarttfix LLC’s sole obligation, and your sole remedy, under this guarantee is limited to, at Smarttfix LLC’s sole discretion, repair or replacement of the defective part or accessory provided as a component of the repair. This guarantee under these Terms is non-transferable.
PLEASE NOTE that Smarttfix LLC’s obligations under the guarantee contained in these Terms are conditioned on your prompt notification to both the Third Party Professional AND Smarttfix LLC of any guarantee claim and complying with Smarttfix LLC’s then-current guarantee procedures provided to you.
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS:
A. The services are provided "as is" and "as available." Smarttfix LLC disclaims all representations and guarantees, statutory, express or implied, unless they are expressly set out in these terms, including the implied guarantees of merchantability, fitness for a particular purpose and non-infringement. In addition, Smarttfix LLC makes no representation, guarantee, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any goods or services obtained through the use of the services, or that the services will be uninterrupted or error-free.
B. By using the services you agree that the entire risk arising out of your use of the services, and any third party good or services obtained in connection therewith, is beared solely by you, to the maximum extent permitted by law.
C. Nothing contained in this disclaimer will alter your rights as a consumer to the extent not permitted under applicable law in the jurisdiction where the services are actually performed for you.
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS: A. Under no circumstances, even if Smarttfix LLC has been advised of the possibility of the following damages, and unless expressly forbidden by applicable law related to the services, will Smarttfix LLC be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage. Smarttfix LLC shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party professional, even if Smarttfix LLC has been advised of the possibility of such damages. Smarttfix LLC shall not be liable for delay or failure in performance resulting from causes beyond Smarttfix LLC's reasonable control. Notwithstanding anything in these terms to the contrary, in no event shall Smarttfix LLC total liability to you in connection with the services for all damages, losses and causes of action exceed seven hundred and fifty U.S. Dollars (US $750).
B. By using the services you agree that the entire risk arising out of your use of the services, and any third party good or services obtained in connection therewith, is beared solely by you, to the maximum extent permitted by law.
C. These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction where the services to you are actually rendered.
You agree to indemnify and hold Smarttfix LLC and its members, shareholders, owners, officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Smarttfix LLC's use of your User Submitted Content; or (iv) your violation of the rights of any third party, including Third Party Professionals.
You agree that any dispute, claim or controversy arising out of or relating to these Terms, including but not limited to a dispute, claim or controversy relating to the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Smarttfix LLC. Notwithstanding the preceding, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights, including but not necessarily limited to a party's copyrights, trademarks, trade secrets, or patents. By using the Services you acknowledge and agree that you and Smarttfix LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or other representative proceeding. Further, unless agreed to in writing by all parties to be bound, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held to be unenforceable, then the entirety of this Section 9 will be deemed void and unenforceable. Except as provided in the preceding sentence, this Section 9 will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW
The arbitration specified under these Terms will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes promulgated by the AAA (the "AAA Rules") then in effect, except as modified by this Section 9. (The AAA Rules are available at the AAA’s website https://www.adr.org). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
C. ARBITRATION PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the Services are rendered, and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. The AAA will appoint the arbitrator in accordance with the AAA Rules in the event the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration.
D. ARBITRATION LOCATION AND PROCEDURE
Unless you and Smarttfix LLC otherwise mutually agree in writing, (a) These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and (b) the exclusive jurisdiction of the arbitration will be in the State of Delaware. If your claim does not exceed $12,500, then the arbitration will be conducted solely on the basis of documents you and Smarttfix LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $12,500, your right to a hearing will be solely determined by the AAA Rules. The arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration, and so long as consistent with the AAA rules.
E. ARBITRATOR'S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's damages award shall be consistent with the terms of the "Limitation of Liability" section above. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief guaranteed by the claimant's individual claim. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
The responsibility for payment of any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding any other provisions of these Terms regarding the modification of these Terms, if Smarttfix LLC changes this Dispute Resolution terms of this Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Smarttfix LLC written notice of such rejection by mail or hand delivery to: Smarttfix LLC, ATTN: Disputes Resolution Department, 655 2319, 80th street, Brooklyn, NY, 11214 or by email from the email address associated with your Account to: ADR-Dept@smarttfix.com, within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Smarttfix LLC in accordance with the provisions of this Section 9 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
A. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of law principles
B. CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to: Smarttfix LLC, Attn: Legal Department, 2319, 80th street, Brooklyn, NY, 11214
The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Smarttfix LLC, with such notice deemed given when received by Smarttfix LLC, at any time by first class mail or pre-paid post to: Smarttfix LLC, 2319, 80th street, Brooklyn, NY, 11214.
You may not assign these Terms without Smarttfix LLC's prior express written approval. Smarttfix LLC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Smarttfix LLC's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be deemed null and void. No joint venture, partnership, employment, or agency relationship exists between you, Smarttfix LLC or any Third Party Professional as a result of the agreements contained in these Terms or your use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible under law. Smarttfix LLC’s failure to enforce any right or provision in these Terms shall not constitute or be construed as a waiver of such right or provision unless acknowledged and agreed to by Smarttfix LLC in writing.
Smarttfix LLC is on a mission to connect consumers with the best possible digital device install, support, and repair services, provided by our network of skilled Technicians using the top-quality replacement parts. We offer a Lifetime Guarantee on all parts and labor used for services booked through Smarttfix, unless it conflicts with the below items. Please email us with any questions.
THE GUARANTEE IS VALID EXCLUSIVELY TO THE CUSTOMER WHO PURCHASED THE REPAIR AND WHOSE NAME IS ON THE GUARANTEE/INVOICE. THE GUARANTEE WILL NOT BE TRANSFERABLE IF THE DEVICES OWNERSHIP IS DISTRIBUTED TO ANOTHER INDIVIDUAL OR BUSINESS.
This Independent Contractor Agreement (the “Agreement”) is entered into and made effective by and between Smarttfix LLC (the “Company”) whose principal place of business is located at 2319, 80TH Street, Brooklyn, NY, 11214, and _____________________________________ (hereinafter referred to as “Repair Technician”), whose address for business purposes is ________________________________.
This Agreement is governed by the Independent Contractor Terms and Conditions, located at the “Terms and Conditions” on www.smarttfix.com, which are hereby expressly incorporated into this Agreement by this reference. If there are any differences between this Agreement and the Terms and Conditions, the Terms and Conditions shall control. By signing this Agreement, Repair Technician certifies that Repair Technician has read, and agrees to, such Terms and Conditions.
[X] I certify I have read and agree to the Terms and Conditions
The Company operates a proprietary mobile application and associated systems, solutions and an online platform (collectively, the “Software”) that will connect Repair Technician to individual customers seeking service requests (including but not limited to technology device repairs, installation, and diagnostics) by providing customer information (including but not limited to contact information as well as the nature of the service request) (collectively, “Customer Information”) to the Repair Technician (such customers, “Customers,” and such service requests, each, a “Service Request” or “Request”). Company will make available Customer Information to Repair Technicians through the Software, which will allow Repair Technician to possess the necessary information to respond to, perform and fulfill the Service Request (as further described in the Terms and Conditions, the “Service”).
In consideration of the mutual covenants of the parties, and for good and other valuable consideration, the sufficiency and receipt of which are acknowledged, and expressly agreeing to the Terms and Conditions governing Company and Repair Technician’s relationship, rights and obligations, the parties agree as follows:
In exchange for utilizing the Software and providing the Service to the Company’s Customers, and subject to the Terms and Conditions, Repair Technician and Company agree as follows:
This is an “Arbitration Agreement” or “Mutual Agreement to Arbitrate Disputes.” The purpose of it is to resolve disputes between Repair Technician and Smarttfix LLC (“Smarttfix” or the “Company”), who are the “Parties.” Capitalized terms used but not defined in this Arbitration Agreement have the meanings given to them in the Terms and Conditions or the Independent Contractor Agreement.
A “Dispute” means, except as provided below, any disagreement or claim between the Parties regarding the Independent Contractor Agreement, Terms and Conditions or any Services performed by Repair Technician. Examples of Disputes include disagreements about payment for Requests, termination of the Agreement or Terms and Conditions, interpretation of terms
contained in the Agreement, the Terms and Conditions or this Arbitration Agreement, enforcement, validity, scope and applicability of the Arbitration Agreement, the Agreement or the Terms and Conditions, or any other type of legal or equitable claim that could be made under federal, state, or local law, and which could be asserted in a court or filed with a government agency, relating to the Agreement, Services or the Requests. By clicking the “I agree to Mutual Arbitration” button, Repair Technician acknowledges Repair Technician’s acceptance of this Arbitration Agreement.
Claims that as a matter of law cannot be subject to arbitration are not included in the term “Dispute.” If a claim includes a Dispute as defined in this Arbitration Agreement and also includes claim(s) that, as a matter of law, cannot be subject to arbitration, the Parties agree that all Disputes will be arbitrated pursuant to this Arbitration Agreement before commencement of litigation of claims that as a matter of law cannot be subject to arbitration
This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and is a transaction involving commerce. In exchange for the mutual promises, the Parties agree to submit to final and binding arbitration of any Dispute before a single neutral arbitrator. This Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law. The Parties agree that a Dispute arising under any law that requires resort to, or filing with, an administrative agency, may be brought before such agency as permitted by law, and that after exhaustion of administrative remedies, the Parties must pursue such Dispute through this binding arbitration procedure to the fullest extent permitted by law.
The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If the Parties cannot agree, then arbitration shall be administered by a single neutral JAMS arbitrator selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures and subject to JAMS Streamlined Arbitration Rules and Procedures (collectively, “Rules”) that are in effect when arbitration is demanded by either of the Parties. The Rules are available at www.jamsadr.com/rules-streamlined-arbitration/. If Repair Technician would like a copy of the Rules, Company will supply Repair Technician with a copy upon request. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply. The arbitration shall be held in the county where Repair Technician resides or at another mutually agreed location, unless applicable law requires otherwise.
The Parties agree that, regardless of what the rules and procedures that govern the arbitration provide with regard to arbitration expenses or fees, Company will pay all of the arbitrator’s fees, arbitration expenses, and any other costs associated with the arbitration hearing, except that each Party shall pay its own attorney’s fees and costs, if any, unless applicable controlling law requires payment of another’s fees and costs. The arbitrator will allow for sufficient discovery procedures, including access to essential documents and witnesses, to satisfy principles of due process. The arbitrator may award any remedy or relief available under applicable law in a court proceeding including, without limitation, damages, costs, and injunctive relief. The arbitrator shall not have the power or authority to commit errors of law or legal reasoning. After completion of the arbitration, the arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based; in his or her discretion, the arbitrator may award fees and costs as provided for by applicable law.
Except as otherwise required under applicable law: (1) Repair Technician and Company intend and agree that class action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to this Arbitration Agreement; (2) Repair Technician and Company agree that each will not assert class action claims against the other in arbitration or otherwise, including in any civil court; and (3) both Repair Technician and Company shall only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person in the arbitration. Repair Technician and Company expressly waive the right to assert or participate in any class action as a class member against the other regarding any Dispute, whether in a civil court or in arbitration. This Mutual Agreement to Arbitrate Disputes does not prevent either Repair Technician or Company from participating as a witness in any proceeding, whether in court or in arbitration.
The Parties agree that the enforceability of this Arbitration Agreement shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 2 (“FAA”), and acknowledge that Company’s business and the nature of Repair Technician’s Services involve interstate commerce. The arbitrator shall have the authority to determine the enforceability of this Arbitration Agreement as well as whether a claim is arbitrable, both of which shall be decided under the FAA. The arbitrator shall apply the laws of California unless applicable law in the state in which the Repair Technician resides requires otherwise, as the substantive law to the proceeding, except for any claim to which Federal substantive law would apply. The Parties each expressly waive the right to a jury trial and any other civil court proceeding, and agree that the arbitrator’s award shall be final and binding on the Parties.
Should any provision of this Mutual Agreement to Arbitrate Disputes be deemed unenforceable or invalid, such provision shall be severed and the remainder of this Arbitration Agreement shall be enforceable to the fullest extent of the law.
Notwithstanding any other provision of the Arbitration Agreement or the Terms and Conditions, this Mutual Agreement to Arbitrate Disputes may only be modified by the mutual, written agreement of the Company and Repair Technician.
Repair Technician may opt out and decide not to be subject to this Arbitration Agreement by submitting a signed and dated statement on an “Arbitration Agreement Opt Out” form. In order to be effective, the signed and dated Form must be returned to the Company within thirty (30) days after the Repair Technician executes the Arbitration Agreement. The signed and dated opt out form may be mailed to 2319, 80th street, Brooklyn, 11214, NY or emailed to Aharasani@smarttfix.com. Should Repair Technician not opt out of this Arbitration Agreement within thirty (30) days of Repair Technician’s acceptance of the Arbitration Agreement, then Repair Technician’s continued provision of Services constitutes mutual acceptance of the terms of the Arbitration Agreement by Repair Technician and Company. This Arbitration Agreement will be in effect from the signing of this Arbitration Agreement until it is superseded in writing by some subsequent agreement, or until Repair Technician timely opts out of this Arbitration Agreement. Repair Technician has the right to consult with counsel of Repair Technician’s choice about this Arbitration Agreement at Repair Technician’s own expense.