NERDDEPARTMENT® SERVICE APP/ NERD PRO PROVIDER APP TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service (“Service Terms”) are provided to you(“Customer”) in connection with the NerdDepartment Service APP (the “Service”) smartphone APP the customer has downloaded. These terms and conditions comprise the entire agreement between Customer and NerdDepartment with respect to the app Service.
2. DESCRIPTION OF SERVICE
This Service APP fee will vary per transaction (the “Service Plan Fee”) payable to NerdDepartment® and NerdDepartment.com. The Service Plan Fee is a set fee without regard to usage and part of that percentage fee is required by credit card terminal usage. Customer’s credit card will be charged the relevant agreed charge between provider and user service, and will continue to be charged thereafter pursuant to the auto-renewal provisions set forth herein until Customer or NerdDepartment terminates the Service if such fees are activated. In addition to the Service Plan Fee for the Service, there is also an initial set-up fee for the APP Service. There is also a 10% commission on all work performed or earned through our portals and website company, and apps.
The Service includes remote or at location assistance within the following categories:
• Service Categories:
• PC & Tablet
• TV Home
• Smart Home
• Cell Phone
• Car Electronics
• Boat, Motorcycle or Off-Road
• Portable Audio
• Video Game Specialist
• Programmers and Hackers
• Office Business Tech
• Misc Nerd Stuff
If Customer has purchased any extra “Plan or Plans”, outside the APP with said provider, or any Service that also includes on-site support as deemed necessary by the NerdDepartment Nerd Agent, these agreements set outside the scope of the app between user and provider will NOT be managed, endorsed or recommended by NerdDepartment.This service does not include the provision of any software or hardware, and does not include the provision of any in-home services. In addition, NerdDepartment agents cannot remotely access any PC/MAC, home or business equipment, gaming systems or smartphones, and thus services which would require direct access to remote systems are not included in the service app. Data recovery, training on Customer’s products, and website design also are not included in the Service. The Nerd APP Service may cover up to as many services on location as agreed upon between said user and provider. On-site support services and training services are not included in the Service (unless Customer has purchased that from the Nerd provider). Customer pre-requisites: The Service requires: • A high-speed Internet connection via Smartphone. You must agree to the terms of the Nerd service agent you hire.
3. TERM; APP Subscription AUTO-RENEWAL (IF APPLICABLE)
The Service APP shall automatically renew for additional successive one-month terms after the expiration of the initial 12-month term unless Customer notifies NerdDepartment by email. NerdDepartment will notify Customer of the pending renewal of the Service at least 30 days prior to the date when the Service will renew
and change to a month-to-month term, except as otherwise required by law. Customer must cancel the Service before it renews in order to avoid billing of the Service Plan Fee for the then-impending monthly renewal term to his or her credit card. During the automatic renewal period, NerdDepartment will bill all charges automatically to Customer’s credit card at the beginning of every month, at the rates thenin effect, unless Customer notifies NerdDepartment otherwise. If Customer cancels the Service, it may take up to 30 business days for his or her cancellation request to be processed. NerdDepartment is not responsible for any claims occurring due to Customer’s failure to maintain current credit card information on file or any claims or disputes that arise between the NerdDepartment Service APP or the Nerd Pro Provider App. Unless stated in writing otherwise, all fees and charges are nonrefundable. NerdDepartment may change the fees and charges then in effect, or add new fees or subscription charges to the apps, by giving Customer notice in advance.
4. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE; DISCONTINUATION OF SERVICE
NerdDepartment may change the terms and conditions of the Service from time to time. Upon any such change in the Service, NerdDepartment will notify Customer by posting the changes to the site and app or/from which the Service was downloaded. NerdDepartment reserves the right to modify or discontinue the Service with or without notice to service user or service provider. Customer shall have no rights and NerdDepartment will have no obligations regarding the Service thereafter. If Customer elects to terminate the Service before the expiration of the initial 12-month Service period, Customer’s credit card will be charged the early termination fee of 10% of the subscription cost. NerdDepartment shall not be liable to Customer or any third party should NerdDepartment exercise its right to modify or discontinue the APP Service or Nerd Pro Provider App. Customer's use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to NerdDepartment 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 NerdDepartment’s Independent Contractor/Provider Nerds and/or its third party service provider, neither NerdDepartment 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.
7. ON-SITE SERVICES; DISCLAIMER ON-SITE SERVICES.
Whether an on-site visit by a NerdDepartment Agent is necessary to address Customer’s issue will be determined in the sole discretion between the NerdDepartment app user client and Nerd Pro app agent. For any such visits, NerdDepartment will not be responsible for moving any furniture or valuables. To ensure the health and safety of NerdDepartment’s service nerd providers, NerdDepartment reserves the right to refuse or reschedule work due to unsafe conditions, which include, without limitation, extreme temperatures, natural disasters, or the existence of other hazards, real or perceived. Someone at least 18 years of age must be present at all times during the on-site service and must review and approve all work completed. On-site services do not include the provision of any parts or accessories. On-site services will be performed by third party, non-NerdDepartment employees.
A. DISCLAIMER.NerdDepartment shall not be liable for any failure or delay in performance due to any cause beyond its control. NerdDepartment 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 and outside our tech catagories, as determined by NerdDepartment Staff and or independent agents.
Customer agrees to indemnify, defend, and hold harmless NerdDepartment (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 NerdDepartment 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 NerdDepartment 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).
9. DISCLAIMER OF WARRANTIES 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. NERDDEPARTMENT 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. NERDDEPARTMENT 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 NERDDEPARTMENT 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. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM NERDDEPARTMENT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OFTHE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. 10. LIMITATION OF LIABILITYNERDDEPARTMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NERDDEPARTMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s technology, smart phones, computers, hard disk drive(s), and/or on any other storage devices NerdDepartment User App may have, and NerdDepartment shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. NerdDepartment shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by NerdDepartment. Notwithstanding any language to the contrary, NerdDepartment’s maximum liability to Customer arising from or related to NerdDepartment under this Agreement shall be limited to the sums percentage paid out to NerdDepartment under this Agreement during a three months grace period only.
10. LAWS These Service Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law provisions. Customer and NerdDepartment agree to submit to the exclusive jurisdiction of the courts in the State of Delaware. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) 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 NerdDepartment 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 from the application.