TERMS OF SERVICE2022

The repair terms set forth herein are provided by Once Again Tech™, located at 4915 Fairmont Avenue, Bethesda, MD 20814. In this Agreement, the words "Our", "Us" and “We” mean the Company and its respective affiliates, agents, employees, successors. and assigns, and, for the purposes of all Sections of this Agreement shall also include our service system operators. The words "You", "Your" and “Yourself” shall mean a person or business who uses the “Services” and any person or entity represented by that individual. The term “Service Authorization” means the Receipt that You are provided/offered and agree to prior to the commencement of Services, which describes the issues you are having and the anticipated Services to be performed. The estimated costs will be provided verbally, texted, or emailed (at Your selection) awaiting Your approval to commence with the Device repair. The word “Device” means the eligible device, as defined in this Agreement, identified on the Service Authorization from which You authorize Us to perform the Services.

Once Again Tech Repair

Privacy Policy: You acknowledge that when You use the Services, We may use automatic or other means to collect future notice information about You and Your Device. You also will be required to provide certain information about Yourself and/or Your Device as a condition to receiving the Services. For instance, we require a customer’s name, address, phone number and email on repair tickets to ensure proper notifications, warranty insurance coverages and for estimates for repair, repair authorization, repair status and completion. Absent this information a device warranty cannot be provided. Our complete PRIVACY POLICY can be viewed here. All information We collect through or in connection with the Services is subject to Our Privacy Policy. Please read the Privacy Policy carefully and completely.

To perform comprehensive testing and diagnostics, a device password is required. You will be expected to change this password upon return/receipt of either the diagnosed, or diagnosed and repaired device. You, the customer, are responsible for backing up all data contained in the device prior to providing your device to us for repair. Our technical staff will make every effort to preserve and protect the data; but We cannot be responsible for any data lost, damaged, or destroyed in the repair effort. We will, for a fee, attempt to back up your device data if requested. We strongly suggest the use of your personal cloud services for this purpose.

You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting, or otherwise protecting Your data from unauthorized use. We are not responsible for any loss, alteration or corruption of any hardware, software, data, or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for all restoration and reconstruction of lost or altered files, data, or programs. We will not treat data on Your Device as confidential and We disclaim any agreement with You or other obligation to do so.

Scope of the Services: Our services begin with a comprehensive diagnostic process and there is a non-refundable charge of $39.99. This cost will be applied to your final repair bill but is due and payable upon delivery of the unit for repair. You will be notified of the estimated repair charges as rapidly as they become available. The Services include repair of Your Device and, if applicable, the operating system(s) and software applications either thereon or intended to be used thereon and may include technical support services related to either the repair of Your Device or the optimization of Your usage of Your Device. Services may also include technology recycling that may be subject to separate terms and conditions. You acknowledge that in performing the Services, We may use new, rebuilt, reconditioned, or refurbished parts or components, and original or non-original parts. The Services are not provided as part of the original manufacturer’s warranty. If Your Device is under any applicable manufacturers or other warranty, You acknowledge that the Services may void the manufacturer’s warranty.

Authorizations and Representations. Upon repair cost notification, You authorize Us to perform the Services, including but not limited to respective repairs, technical support, in-home services, and other services as provided by Our technical team, described in the Service Authorization and subject to this Agreement. When seeking certain Services, You expressly consent to inspection and repair of the Device and authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible including loss of data. When seeking Our Services, You represent to Us that You are the owner and/or have the authority to consent to an inspection and repair of the Device. We reserve the right to refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to Us that any information or data disclosed to Us is not confidential or proprietary to You or any third party.

Abandonment: We will contact You when the Services have been completed and Your Device is ready for pick up. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than sixty (60) days, or other longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property at Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.

Availability of the Services. The Services are available for all eligible Devices during the operating hours of Our store as determined by our repair personnel. Where applicable, an individual seeking to use the Services on behalf of Your company may be required to provide identifying information including whether the individual is an owner, member, partner, director, manager, employee, or agent of Your company. Eligible Service Locations: When You schedule onsite or in-home Services, eligibility is subject to the availability of the onsite or in-home Services technical service agent, and/or subject to the eligibility requirements set forth in this Agreement. We reserve the right to cancel or refuse Services as necessary.

Eligibility For Services. Eligible devices may include, without limitation, cellular phones, laptops, tablets, gaming devices, televisions, printers, smart home products, and any other devices as determined by Us in Our sole discretion. Service eligibility and initiation of the Services is subject to a visual and physical inspection of the device to Service; confirmation that the device is eligible, accessible, and serviceable subject to Our service eligibility criteria which is determined at Our sole discretion; and/or confirmation that no modifications to the device exist that would make the device ineligible, illegal, or unsafe for the performance of Services. Subject to Our sole discretion, We determine eligibility for onsite and in-home Services during the scheduling process and confirm eligibility in accordance with the requirements of this Agreement at the designated Service location.

Replacement Devices. Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen or damaged while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be new or refurbished. Any repair claim or issue resulting from or following a repair must be reported with 30-days and will be up to the on-duty manager’s discretion to determine warranty coverage based on technician notes and age of device.

Basic and Extended Limited Warranties: The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of 30-days from the date the Services are completed, and Our “Limited Warranty” is subject to the provisions and exclusions set forth herein.

  • Limited Warranty and Extensions: Our basic Limited Warranty provides only 30-days of coverage. We offer optional extended warranty coverages for up to three-years and provide flexible insurance plans that cover mechanical and electrical issues, and plans providing full accident and liquid damage coverage. Pricing for these optional plans vary and are available upon request.

  • Basic Limited Warranty Exclusions: This basic Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, regardless of whether the Services attempted to repair such damage or exposure. This Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer’s intended use, battery leakage or damage resulting from battery leakage.

    • Furthermore, this Limited Warranty does not cover defects resulting from any action by You, including but not limited to mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification. This Limited Warranty does not apply if Your Device shows evidence of tampering or shows evidence of being damaged because of excessive corrosion, electrical current, heat, moisture, or vibration, or because of improper specification, misapplication, or other operating conditions outside of Our control.

    This Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us. This Limited Warranty is non-transferable and does not apply to Devices on which the serial number has been altered, defaced, or is missing.

    Ownership of Repaired or Replaced Parts and Devices: Unless otherwise required by law, all replaced Devices, parts, components, boards, and equipment will become Our property, and You waive all rights you may have under state or other laws to the replaced Device or repaired or replaced parts.

  • Limited Warranty Procedure: If Your repaired or replacement Device malfunctions within the 30-day Limited Warranty term, it must be returned to our service center within for evaluation by Us, and You will be responsible for any applicable shipping costs. If, upon Our examination, We determine at Our sole discretion that the parts or repairs used to perform the Services were defective, or in the case of a replacement Device, that the replacement Device is defective, it will be repaired at no charge.

  • No-Lemon Policy: We will extend every effort to maintain satisfied customers. Customers with Extended warranty coverage will have each subsequent repair incident costs reduced from the value established at the time of sale up to the current replacement value. As an example, if the value of the device at the time of the extended warranty purchase was $1,200 then a $600 dollar repair will leave $600 for a future repair. We will attend to our Limited Warranty customers in an expeditious fashion and offer affordable upgrades whenever possible.

Modification: We reserve the right to modify this Agreement, and, where applicable, Your continued use of Our Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage, or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.

Severability and Waiver: You and We agree that if any term of this Agreement is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.

Meta - Data: You understand and agree that We may collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Us to enhance and improve this process, may be shared with Our affiliates, and will not be distributed further without your consent. Data types that may be collected from Your Device includes: Device phone number, Device model number, Device IMEI, Device serial number, downloaded applications and their respective settings and host applications and their respective settings.

Arbitration Agreement: Most all concerns with any facet of our service can be addressed by contacting us at www.onceagaintech.com For any potential dispute with Us, You agree to first contact Us and allow us the opportunity to resolve the dispute with Us informally. Should the need arise:

  • You and We agree to resolve any disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. You and We agree that any arbitration will take place on an individual basis only. You and We agree to waive all rights to a jury trial or to participate in class actions or other representative proceedings. This Arbitration Agreement shall survive the termination of the Agreement and is governed by the Federal Arbitration Act. This Arbitration Agreement shall be interpreted broadly, and it includes any dispute You have with Us that arises out of or relates in any way to Your relationship with Us or the Services, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this Arbitration Agreement does not preclude You from bringing an individual action against Us in small claims court or from informing any federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your behalf.

  • Note that this agreement contains a mandatory arbitration clause that requires any disputes that should arise from the use of this agreement shall be resolved exclusively through arbitration and additionally, this agreement contains a waiver to a jury trial or any class action proceedings. If you do not agree with any of the terms of the agreement as set out above, you may not use these services.

  • Arbitration shall be administered in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("Rules") in effect at the time the arbitration is started and as modified by this Agreement. The arbitrator is bound by the terms of this Agreement and shall decide all issues, with the exception that issues relating to the enforceability of this Agreement may be decided by a court.

  • Intellectual Property Rights. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with Our Services are Our exclusive property, and all such rights not expressly granted to You in this Agreement are hereby reserved and retained by Us. If You submit comments or ideas about the Services, including ways to improve the Services or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Idea without compensation to You and/or to disclose the Idea to anyone on a non-confidential basis. You further acknowledge that We do not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You.

  • Indemnification. You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: Your use or misuse of the Services; Your alleged or actual breach of this Agreement; Your alleged or actual violation of any applicable rule, law or regulation; Your negligence or willful misconduct; or Your alleged or actual violation of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.

  • Assignment. This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Us, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.

  • Entire Agreement and Governing Law. This Agreement and the documents incorporated by reference constitute Our entire agreement with respect to the Services and supersede any prior or contemporaneous agreements. This Agreement and Your relationship with Us shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Misuse. You shall not misuse the Services or Website, including, without limitation, using the Services or Website in any manner that: (a) interferes with or interrupts Our Services or Website or any hardware, software, system or network connected with the Services or Website; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another’s privacy rights; (c) uses the Services or Website on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or Website or any other computer software or hardware; (f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Website; or (g) uses any robot, spider, or other automatic device, process, or means to use the Services or Website.

Services Exclusions. Technical support Services may have limitations and exclusions including but not limited to (a) assistance with third-party software or services that are not related to Your Device; (b) installation of third-party software or OEM drivers not supported by Your Device; (c) assistance with network coverage issues, such as dropped calls/data interruptions; (d) over-the-air updates to operating systems, firmware, or some software; (e) diagnostic support not related to Your Device; (f) modification of Original Equipment Manufacturer ("OEM") software; (g) hardware and equipment setup and repair; (h) installation of non-sanctioned applications; or (i) assistance with enterprise level software industry specific hardware or equipment.

Commercially Reasonable Efforts and Technical Problems. We will use commercially reasonable efforts to provide You with Our Services and Website. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have the right, at Our sole discretion, to refuse to take any further steps to resolve the issue related to Your Device. Additionally, in some instances, We may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.