Last Updated: 01 / 09 / 2020
Thank you for using Repairdesk.co (our "Website"). We are fully dedicated to providing you with services based on our field service management app (the "App") that will allow you to manage schedule, create repair tickets, add diagnostic notes, in-take customer signature, manage inventory and accept debit/credit card payments on the go. These Terms & Conditions ("Terms") govern your use of the services provided on our App and which is remotely accessible through our Website (collectively the "Service"), and are entered into by you and RepairDesk Inc. and/or its Affiliates (collectively "RepairDesk", "Provider", "we" or "us").
Acceptance and Variation of Terms
If you do not agree to any of these Terms, please do not use our Service. Using our Service through this Website means you assent to these Terms. We reserve to make changes to these Terms at any time without prior notice. You agree to check these Terms periodically for changes. Your use of this Website following the posting of changes to these terms and conditions will mean that you accept those changes.
You also acknowledge and agree that, unless expressly provided otherwise in these Terms or a separate agreement between you and RepairDesk, RepairDesk does not form any employment or agency relationship with you.
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.
RepairDesk customers agree to supply appropriate payment for the Service received, in advance of the time period during which such services are provided.
Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from use of the Service.
SERVICE IS PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS, AND REPAIRDESK MAKES NO EXPRES OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THE SERVICE AND THE MATERIALS CONTAINED THEREIN. ADDITIONALLY, NOTHING CONTAINED ON THE WEBSITE SHALL BE CONSTRUED AS PROVIDING PROFESSIONAL GUIDANCE OR ADVICE TO YOU.
Disclosure to Law Enforcement
Provider 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 .
Subject to the Terms, RepairDesk grants you a limited, non-transferable right to use our Service to manage your business operations for the term of the agreement 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.
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.
You are expressly restricted to do any of the following:
- sell or resell, transfer, distribute or otherwise exploit or give access to any third party to our Service except as permitted under the Terms to develop your own business;
- modify or make derivatives based upon our Service;
- create “links” to our Service or “frame” or “mirror” any portion of our Service on any other server or wireless or Internet-based device;
- Or Access our Service in order to
(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.
RepairDesk will provide and operate the cloud based servers including our application functionality available to you as provided in these Terms.
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 the fees specified in the plan corresponding to the service level to which you have subscribed through the Service. All payments or reimbursements under this agreement must be received by RepairDesk within 3 days of your subscription period. If payment is not made in a time, your account may be suspended and data made unavailable.
If you cancel your subscription to the Service, cancellation will take effect immediately; however, you must pay all amounts due and owing before the termination is effective:
- Monthly billing: A subscription that is billed monthly may be terminated any time without a cancellation fee. There will be no refund of the subscription fee for that month.
- Annual billing: If you terminate a subscription that is billed annually within 30 days of the date on which subscription became effective or was renewed, no refund will be provided and you must pay for the initial 30 days of the subscription, but no payments will be due for the remaining portion of the terminated subscription. If you terminate a subscription to the Service at any other time during the year, you must pay a fee equal to one-month’s subscription fee and you will receive a refund of any portion of the subscription fee you have paid for the remainder of the year; provided, however, no refunds will be provided for partially unused months
If you wish to claim a refund for any other reason, please contact us at [email protected] . We will assess refund requests on merit, considering the digital nature of our items and the type of item preview that was available before the purchase. There is generally no obligation to provide a refund in situations where you have changed your mind about the Service after subscription, you subscribed to the Service by mistake, you do not have sufficient expertise to use the Service, or you ask for goodwill.
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
Upon the acceptance of your registration information along with the initial payment, this agreement will commence 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 with of 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
Should you have any queries or comments, please don't hesitate to drop us an email at [email protected]
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.
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.
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.