Terms of Service

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

Acceptance: By requesting or accepting services from Need-a-Nerd, you acknowledge that you have read, understood, and agree to these terms.

General 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. 
 
Data Transfer Services: If your product can store 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 from 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 also transfer the Data to a Need-a-Nerd owned or 3^rd 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 or equipment yourself. 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. Need-a-Nerd will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property.

 
Service Options: Need-a-Nerd provides four types of service options.  IT consulting (via phone or in person), on-site repair and installation services, remote IT services through the internet (remote sessions), and repairs performed at our facility.

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.
  
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.
 
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. Payment options accepted by Need-a-Nerd include checks, credit cards, PayPal, or cash.
  
Prices: Need-a-Nerd endeavors to offer you competitive prices on IT related services. Our work is exceptional and performed in such a manner equal to or exceeding accepted industry standards. 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.
 
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 (1) services performed will conform to their description for ninety (90) days from the date of service, (2) except for batteries described in the subsection below, all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service, and (3) batteries installed as part of Need-a-Nerd’s battery replacement service for portable computers will be free from defects in materials and workmanship for one year from the date of service. This warranty is an express limited warranty. 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 description (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.
    
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:   YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. 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.

Typographical Errors: Need-a-Nerd is not responsible for typographical errors in any documentation or correspondence. 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.
 
Product/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.
 
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 terms shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the terms, 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 products/and or systems.

Jurisdiction:  This Agreement shall be governed by the laws of the State of Michigan.

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.