Account Termination
RepairDesk reserves the right to cancel customer accounts at any time with or without notice. Providing
false or invalid account information may result in the termination of your account.
Payment Information
RepairDesk customers agree to supply appropriate payment for the Service received, in advance of the
time period during which such services are provided.
Indemnification
You agree to indemnify, defend and hold harmless RepairDesk, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation
of these Terms (including negligent or wrongful conduct) by you or any other person accessing the
Service.
Warranties
BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE EITHER AT OR ABOVE THE
LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (B) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO
USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES; AND (C) YOU
WILL ACCESS AND USE THE SERVICE IN ACCORDANCE WITH THESE TERMS.
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION OR ENTITY (“ORGANIZATION”), THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” REFERS TO YOU AND THE ORGANIZATION.
Disclaimer
SERVICE IS PROVIDED ON AN “AS IS” AND “WHERE-IS'' BASIS, AND REPAIRDESK MAKES NO
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THE SERVICE AND THE MATERIALS
CONTAINED THEREIN. ADDITIONALLY, NOTHING CONTAINED ON THE WEBSITE AND THE APP SHALL BE CONSTRUED AS
PROVIDING PROFESSIONAL GUIDANCE OR ADVICE TO YOU. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE
OR UNINTERRUPTED.
Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the Terms. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices, and any changes to the Terms.
Disclosure to Law Enforcement
RepairDesk may disclose any customer information to law enforcement agencies without further consent or
notification to the customer upon lawful request from such agencies. We will cooperate fully with law
enforcement agencies.
Changes Site Content and Service
RepairDesk reserves the right to revise its Service and Website content at any time without notice.
License
Subject to the Terms, RepairDesk grants you a limited, non-transferable right to use our Service to
manage your business operations for the Term unless terminated; provided that you may not use our
Service in a resale capacity, or process third party data. RepairDesk has all rights, title and interest
in the Service and any materials supplied to you by us.
Upgrades
These Terms do not permit or entitle you to obtain and use software upgrades (“Upgrades”).
You may request to purchase an Upgrade to an existing subscription by submitting a separate order for
our approval (such approval not to be unreasonably withheld).
Intellectual Property Rights
Other than content you own, under these Terms, RepairDesk own all rights to the intellectual property
and material contained in the Service, including on this Website, and all such rights are reserved. You
are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of
viewing the material contained on this Website and using the Service. Except as otherwise expressly
provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the
website without the prior consent of RepairDesk.
Limitations
You are expressly restricted to do any of the following:
(a) Build a competitive product,
(b) Build a product or service using similar functionality, ideas or graphics incorporated in our
service, or
(c) Copy any functionality, ideas or graphics represented by or incorporated in our Service.
Resources
RepairDesk will provide and operate the cloud-based servers including our application functionality
available to you as provided in these Terms.
Service Availability
Subject to the Terms, RepairDesk will use reasonable efforts to provide our Service for 24/7. You agree
that from time to time our Service may be inaccessible or not possible to use for different reasons,
like periodic maintenance procedures or upgrades, service malfunctions and reasons beyond our control or
which are anticipated by us, that might include the interruption or failure of telecommunications or
digital transmission links, hostile network attacks or network jamming or any other failures. RepairDesk
will make reasonable efforts to reduce any disturbance, inaccessibility or inoperability of our Service
in connection with these downtimes. RepairDesk will not be responsible for any damages or costs
incurred, lost profits, if any, that may be incurred due to downtime.
Payment and Refund Policy
You agree to pay RepairDesk fees specified in the plan corresponding to the service level to which you
have subscribed through the Service. If payment is not made within three days of account activation,
your account may be suspended and data made unavailable. RepairDesk reserves the right to charge fee(s)
for the use of the Services at any time in the future, and RepairDesk may notify you of such fee(s).
Your access to or use of use of any particular Service does not entitle you to further access or use of
such Service without additional charge(s) in the future. We may change the fee for any Service used or
unused from time to time and will notify you of such change. By being enrolled and/or registered to use
the Service after the fee change takes effect, you accept the new fee.
If you cancel your subscription to the Service, your account will remain active till the end of the
billing period, whether you are paying monthly, annually, or according to the multi-year plan. You will
not receive a refund for the remaining portion of your subscription as you will have full access to the
Service until the end of the billing period.
When paying annually, you can request a full refund within 14 (fourteen) days of making the payment. If
a refund is requested, your payment will be refunded within 5 (five) business days and your account
deactivated.
Registration Obligations
You are in agreement to: (a) Provide true and complete information as asked on the RepairDesk Service
registration form (b) Maintain and timely update the registration data so that it remains accurate, true
and up to date. If you provide any false information, RepairDesk has grounds to suspect that such
information is incorrect, inaccurate or not current, and has the right to suspend your account and
decline all current or future usage of our Service. You are responsible to safeguard your own login
credentials, and also for all activity occurring on your account.
Terms and Termination
Your browse and use of the Website, the App and/or the Service will commence the Term and shall continue
until it is terminated by either party for breach of its terms. For violations of the Terms, RepairDesk
has the authority to terminate your access to our Service. Any violation of your payment obligations or
unauthorized use of our service will adjudge to be a material breach of the Terms. We may terminate your
account, or use of our Service if you breach or otherwise fail to meet the terms within these Terms. You
may terminate a subscription of our Service at any time; however, you must pay all amounts due and owing
before the termination is effective. Please refer to our ‘Payment and Refund Policy'
above.
Deletion of your Information
Your personal information, as well as any User Content you make available to us belongs to you. If you
wish to delete your information from our system, all you need to do is just contact us. We will confirm
your request (to verify that it's really you) and we will delete your information as promptly as
possible. Once your requested information is deleted, we will notify you.
Third Party Services and Content
You may be offered services, products and content, websites, advertisements, offers, or information
provided by third parties and not by RepairDesk (“Third-Party Services”). If you decide to
use Third-Party Services, you will be responsible for reviewing and understanding the terms and
conditions for these services. RepairDesk is not responsible or liable for the performance of any
Third-Party Services. Further, you agree to resolve any disagreement between you and a Third-Party
regarding the terms and conditions of any Third-Party Services with that Third-Party directly in
accordance with the terms and conditions of that relationship, and not RepairDesk. The Service may
contain links to Third-Party websites. The inclusion of any website link does not imply an approval,
endorsement, or recommendation by RepairDesk. Such Third-Party websites are not governed by these Terms.
You access any such website at your own risk. We expressly disclaim any liability for these websites.
When you use a link to go from the Service to a Third-Party website, our Privacy Policy is no longer in
effect. Your browsing and interaction on a Third-Party website, including those that have a link in the
Service is subject to that website's own terms, rules and policies.
Contacting Us
Should you have any queries or comments, please don't hesitate to drop us an email at
[email protected]
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such
unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and
such provisions shall be deleted without affecting the remaining provisions herein.
Assignment
RepairDesk shall be permitted to assign, transfer, and subcontract its rights and/or obligations under
these Terms without any notification or consent required. However, you shall not be permitted to assign,
transfer, or subcontract any of your rights and/or obligations under these Terms.
Liability
RepairDesk’s liability in respect of any single cause of action arising out of or in connection
with the Service (whether for breach of contract, tort, including negligence, statute or otherwise at
all) shall be limited, to the extent that the cause of action related to our supply of the Service, at
our option to: (a) supplying the Service again; (b) payment of the cost of having the Service supplied
again; or (c) repaying to you any amount that you have paid in respect of the Service.
RepairDesk shall not be liable for any claim arising under the Service unless you give RepairDesk written notice of any claim within a month of becoming aware of the circumstances giving rise to the claim or, if earlier, one month from the time you ought reasonably to have become aware of such circumstances.
Any data or information that you may have stored on the App or the Website shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
In no circumstance shall RepairDesk be liable to you for any indirect, special or consequential loss arising out of or in connection with the Service and the Terms, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
All representations, conditions and warranties, whether express or implied (by statute or otherwise) as related to in the Terms are excluded to the fullest extent permitted by law.
RepairDesk shall not be liable to you for any delay in or failure of performance of our obligations for
the Service and the Terms arising from any reason beyond RepairDesk’s reasonable control.
RepairDesk’s failure to exercise or enforce its rights or the giving of any forbearance, delay or
indulgence, will not be construed as a waiver of such rights.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the
entire agreement between RepairDesk and you in relation to your use of this Website, and supersede all
prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Delaware,
United States of America and you submit to the non-exclusive jurisdiction of the state and federal
courts located in Delaware for the resolution of any disputes.
YOU MUST FIRST GIVE REPAIRDESK AN OPPORTUNITY TO RESOLVE THE DISPUTE IN QUESTION which is first done by emailing us the following information: (1) Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief you seek. If RepairDesk does not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute as per governing law & jurisdiction, as enumerated above.