ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Electronic Works' Terms of Service (“Service Terms”) is provided in connection with the service that has been purchased (the “Service”). These terms and conditions comprise the agreement between Customer and Electronic Works with respect to the Service.
Unless stated in writing otherwise, all fees and charges are nonrefundable. Electronic Works may change the fees and charges then in effect, and/or add new fees and/or charges, by giving Customer notice in advance. Baring extreme extraordinary events, all payments must be received within 45 days of “Notification of Completion” or the client automatically forfeits all ownership of the serviced item. All of our services are backed by our limited warranty.
DELIVERY OF UN-REPAIRED ITEMS
If a repair is unfeasible you will be notified immediately and re-delivery will be scheduled free of charge. The client automatically forfeits ownership of all non-repaired items held 45 days past “Notification of Re-delivery”.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
Electronic Works may change the terms and conditions of the Service from time to time. Upon any such change, Electronic Works will notify the Customer. Electronic Works reserves the right to modify or discontinue the Service with or without notice to Customer. Electronic Works shall not be liable to Customer or any third party should Electronic Works 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.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Electronic Works servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Electronic Works and/or its third party service provider, neither Electronic Works 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, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
LIMITATIONS TO SERVICE
Electronic Works shall not be liable for any failure or delay in performance due to any cause beyond its control. Electronic Works 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, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Electronic Works.
Customer agrees to indemnify, defend, and hold harmless Electronic Works (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 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 Electronic Works 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 Electronic Works 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
Customer expressly agrees that use of the service is at the customer’s risk. The service is provided on an “as is” and “as available” basis. Electronic Works expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. Electronic Works makes no warranty that the service will meet customer’s requirements, of that the service will be uninterrupted, timely, secure, or error-free, nor does Electronic Works makes any warranty as to the results that may be obtained from the use of the service. Customer understands and agrees that any material and /or data download or otherwise obtained through the use of the service is done at customer’s own discretion and risk and that customer will be sole responsible for any damage to customer’s device or loss of data results from the download of such material and/or data. No advice or information, whether oral or written, obtained by customer from Electronic Works or through the service shall create any warranty not expressly made hereinafter. It is the responsibility of the customer to back-up all data; Electronic Works will not be held liable for loss of any customer data.
LIMITATION OF LIABILITY
Electronic Works shall not be liable for any direct, indirect, incidental, special , or consequential damages, resulting from but not limited to the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any good or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of customers transmissions or data including but not limited to damages, for loss of profits, use, data, or others intangibles, even if Electronic Works has been advised of the possibility of such damages.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Electronic Works shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Electronic Works shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Electronic Works. Notwithstanding any language to the contrary, Electronic Works’ maximum liability to Customer arising from or related to Electronic Works under this Agreement shall be limited to the sums paid by Customer to Electronic Works under this Agreement during the three months prior to the time the cause of action arose.
Either Customer or Electronic Works may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no rights and Electronic Works will have no obligations regarding the Service thereafter.
The Service Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, excluding its conflict of law provisions. Customer and Electronic Works agree to submit to the exclusive jurisdiction of the courts in Oklahoma. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Electronic Works agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This privacy notice discloses the privacy practices for Electronic Works. This privacy notice includes but is not limited to information gathered via product troubleshooting, repairing, and/or restoration services. It will notify you of the following:
Information Collection and Usage
Your Access and Control Over Data
INFORMATION COLLECTION AND USAGE
We are the sole owners of the information collected on this company. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
YOU ACCESS AND CONTROL OVER DATA
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address below:
See what data we have about you, if any
Change/correct any data we have about you
Have us delete any data we have about you
Express any concern you have about our use of your data
We take precautions to protect your information. When you submit sensitive information, your information is protected both online and offline.
Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.
Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.