Service Terms and Conditions

Service Terms and Conditions

IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH NEED-A-NERD AND YOUR STATUTORY CONSUMER RIGHTS.

Repair Services: For service orders, Need-a-Nerd will service your product as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent.  Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product.

Data Transfer Services: If your product is capable of storing software programs, data or other information (“Data”), Need-a-Nerd may attempt to transfer said Data to a replacement device. During service, it is possible that hardware failure may cause Data may be lost. In such an event, Need-a-Nerd will not be responsible for any loss of Data.

As part of any Data transfer service, whether or not Need-a-Nerd is able to successfully transfer Data from the original device to the replacement device, Need-a-Nerd may delete any Data on the original device. You should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that you want to protect and disable all security passwords. During service it is possible that the Data will be lost, replaced or reformatted. In such an event Need-a-Nerd and/or its agents are not responsible for any loss of software programs, Data or other information contained on the device.

Data transfer service will involve the transfer of Data directly from the original device to the replacement device or to a compatible external data storage device you provide. Need-a-Nerd may transfer the Data to a Need-a-Nerd owned or 3rd party owned data storage system or device but will not store a permanent copy of the Data as part of any Data transfer service unless requested in writing.

Parts and Labor: Need-a-Nerd may provide both parts and labor but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, Need-a-Nerd may use parts or products that are new or refurbished and equivalent to new in performance and reliability.

Service Options: Need-a-Nerd provides four types of service options.  On-Site Service, Remote Service through internet, and pick-up and delivery service and drop off’s.

Changes to Service Options: Need-a-Nerd reserves the right to change at any time the service options available to you.

End Users Only: Need-a-Nerd repairs and services products to end user customers only. Need-a-Nerd reserves the right to refuse or cancel your order if Need-a-Nerd suspects you are seeking services for resale.

Service Exclusions:  Service may not be possible if the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than Need-a-Nerd or an Need-a-Nerd Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). Need-a-Nerd will return your product to you without servicing it and may charge you an Estimate Fee.  Additionally, Need-a-Nerd does not perform any activity which includes climbing ladders to mount devices or wiring, nor does it run wires through walls which may include drilling holes, entering crawl spaces, and/or attics.  We are happy to coordinate those services with a qualified electrician or contractor of your choosing.
Data Loss:  Need-a-Nerd is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by Need-a-Nerd. You represent that your product does not contain illegal files or data.

Information on Service. During the service ordering process, you must provide a description of the issue that is affecting your product, so that Need-a-Nerd understands and may replicate the issue.

Disclosure of Unauthorized Modifications. During the service ordering process, you must notify Need-a-Nerd of any unauthorized modifications, or any repairs or replacements not performed by Need-a-Nerd or an Need-a-Nerd Authorized Service Provider that have been made to your product. Need-a-Nerd will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Need-a-Nerd or an Authorized Service Provide. If damage results, Need-a-Nerd will seek your authorization for any additional costs for completing service.  If you decline authorization, Need-a-Nerd may return your product unrepaired in the damaged condition without any responsibility.

Estimate Charge:  The is a $25 non-refundable service charge for evaluation and estimate.  If the estimate which is provided is rejected, you forfeit a refund for the service of estimation which we perform.  If you approve the estimate which we provide,  the $25 will apply towards payment for completion of service.

Pre-Payment: Terms of payment are within Need-a-Nerd’s sole discretion, and unless otherwise agreed to by Need-a-Nerd, payment for parts are due before commencement of service, as well as a 50% a deposit of estimated labor charges.  The remaining 50% is due upon completion of requested service.

Prices: Need-a-Nerd endeavors to offer you competitive prices on IT related services. Our work is exceptional and performed in a meticulous manner. Your total order price will include the price of the service on the day of order processing. Need-a-Nerd reserves the right to change prices for services displayed at any time and particularly to correct pricing errors that appear.

Confirmation: Need-a-Nerd will send you a confirmation of your order via email shortly after receipt.

Refunds: Except as described in the Warranty and Limitation of Liability section below, and due to circumstances beyond our control, Need-a-Nerd does not provide refunds for service orders, unless improperly performed.

Service Warranty: For all service orders, Need-a-Nerd warrants that services performed will conform to their description for ninety (90) days from the date of service unless its a recurring issue caused by your software. This warranty extends to 180 days for laptop batteries which we supply. If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, Need-a-Nerd will at its option, either (a) re-perform services to conform to their original specifications (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to Need-a-Nerd for service.

Exclusions
There are certain computers such as the new Macs which have soldered in components, or the newer iMacs with the screens that very likely to break to open the unit.  Unfortunately this is by design.  Apple stores often wont repair the units either.  But we have many workarounds for these issues, so inquire with us what your options might be available.

Disclaimer of Warranty:   TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, NEED-A-NERD SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability:  IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, NEED-A-NERD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEED-A-NERD WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE SERVICE OF YOUR PRODUCT, NEED-A-NERD IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES NEED-A-NERD DOES NOT SEEK TO EXCLUDE THIS LIABILITY.

Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.

Typographical Errors: Need-a-Nerd is not responsible for typographical errors. Need-a-Nerd reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

Change Terms: Need-a-Nerd reserves the right to change this Agreement at any time.

Cancellation: Upon acceptance of a service order (estimate), Need-a-Nerd initiates service and consequently a service order may not be cancelled and you cannot withdraw from your acceptance of our estimate.

Service Changes: Need-a-Nerd may make changes to any services offered online, or to the applicable prices for any such services, at any time, without notice. The information provided online with respect to services may be out of date and Need-a-Nerd makes no commitment to update the information provided online with respect to any services.

Access online. Need-a-Nerd reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

No Changes to the Agreement: No Need-a-Nerd employee or agent has the authority to vary any of the terms and conditions governing any transaction.

Unenforceable Terms: If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.

Waivers:   Need-a-Nerd’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Need-a-Nerd of any provision or any right it has to enforce these policies, nor shall any course of conduct between Need-a-Nerd and you or any other party be deemed to modify any provision of these terms.

No Third Party Beneficiaries: These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

Subcontractors:  Need-a-Nerd may subcontract with other service providers for the service or installation of your product.

Complete Agreement: This Agreement governs service transactions accepted by Need-a-Nerd. No other oral or written terms or conditions apply. Need-a-Nerd does not authorize any variance or modification of this Agreement. Need-a-Nerd is not responsible for any failures or delays in performing service that are due to events outside Need-a-Nerd’s reasonable control.