Terms of Service
This is a legal contract between Answers by David or its representatives (hereinafter referred to as “us”, “we”, or “our”) and yourself and/or the entity you represent (hereinafter referred to as “you” and “your”). For the purposes of this document, the term “device” means any electric or electronic device we interact with during the process of performing service on your behalf. These devices include, but are not limited to computers, laptops, smartphones, tablets, music players, TVs, modems, wireless routers, internet-connected devices such as thermostats, handheld games and other related peripherals. By allowing your device to be serviced by us, you agree to the following terms:
We are family-based and Christian-oriented. In line with these values, and where possible, all pornographic and nudity-related sites, images, text and other materials, physical or digital, will be removed from your device(s). If blocking of these items is possible through the use of software or settings, changes will be made to prevent future access to these materials. Should personal data be lost through our exuberance in performing these services (such as sexts, nude pictures of you or others, personal videos, etc.), you agree to hold us harmless for any loss. We reserve the right to refuse service if we, in our sole discretion, deem that the majority of the content of your device is morally objectionable in any way, or for any reason. If we choose to refuse service, and service has partially been performed, you agree to pay for the portion of service we have done, and any parts ordered/installed, regardless of perceived benefit.
Where possible, all illegal and immoral materials will be removed from your device. This includes, but is not limited to illegal downloads and unauthorized copies of music, software, movies, TV shows, eBooks, games, and any other materials we deem to be illegal or immoral. If the copy of Windows installed is not licensed to you or your device, it will be immediately deactivated. You will be given the option to purchase a license, or revert to a version of Windows that is licensed for the device, if the option is available. Unlicensed or illegal software will not be allowed to return to you fully functional, and may be removed or deactivated, even if the software was previously fully functional. Should data or functionality be lost through our exuberance in performing these services (such as removal of music that appears to have been copied from a friend), you agree to hold us harmless for any loss.
We often provide recommendations to help prevent future issues with your device. Since most issues are caused by human interaction, we may recommend a course of action that appears to be unrelated to your device. For example, smoke can cause your device’s fans to fail over time. In these cases, we may recommend that you discontinue smoking for the continued operation of your device. Since recommendations posed by us are intended for your best interest, you agree to hold us harmless for posing these recommendations.
Your privacy is of the utmost importance to us. You must be aware that during the process of servicing your device, your digital life is openly viewable to our representatives, including password-protected content. This may include, but is not limited to emails, text messages, photos, documents, medical history, searches, websites viewed, audio files, and other information stored on your device and related to your internet accounts. This type of access is not exclusive to us, but is available to any person who has physical access to your device. We make every effort to maintain security and privacy of the personal information provided to us, or gathered during repairs. At any time, you may relate to us any concern about the security or privacy of your information. We do not sell any personal information to any third party. If, in the performance of service, we need to act as your representative to a third party (such as, at your request, contacting your phone provider to change plans), we will divulge only the information we deem to be necessary to perform our service. For a period of time after service, we retain information we deem to be important for the efficient service and future repairs of your device, such as any passwords or pin codes you supply for access to your device. If information is unintentionally divulged to a third party, you agree to hold us harmless for any loss.
Our goal is to prevent future problems with your device. In compliance with this goal, you agree to allow us to install software to alleviate, repair, remedy, prevent and cure issues that, in our opinion, affect the health of your device. This service includes installation of remote repair and support software. Currently, remote repair and support software is available for computers, laptops, tablets and smartphones. This software will allow us, over an internet connection, to connect to your device for performance of our services. These services include, but are not limited to tutoring and instructions, diagnostics, repair, prevention, cleanup, updates, ongoing maintenance, blocking of dangerous items and notification of problems, including recommendations for their prevention or repair. Should any issue arise with software or hardware installed by us, you agree to contact us about the issue, and allow us to diagnose the problem. The remedy for any issue will be determined at our sole discretion, and you agree to abide by our decision. If the issue is an intended consequence of repairs (such as the blocking of a program or website that we deem dangerous to you or your device), we may choose to take no further action. If the issue was unintended, we will attempt, where possible, to repair the problem without additional cost. However, should additional out-of-pocket costs be incurred during repairs, you agree to pay for these additional costs.
Service charges apply for diagnostics, attempted repairs of your device, and drive time, regardless of perceived benefit or whether service is complete. You agree to pay all service charges related to the servicing of your device, and any charge for parts, products, peripherals or software ordered, installed, or used on your behalf. If any question arises relating to the cost of a particular service or part, you agree to allow us to arbitrate the issue, and abide by our decision. Generally, we do not accept returns or refunds. If, in our sole discretion, we determine that a refund or return is allowable, a restocking fee may apply. The restocking fee will be determined based on multiple factors, including our availability to return the item to the vendor or manufacturer, shipping costs involved, time expended and related factors. We reserve the right to reevaluate and adjust the restocking fee pursuant to our costs until the time the refund is complete.
We strive to take quick action when you request services, products and parts. Parts and products authorized by you may be ordered from our vendors or installed on your device in as little as 10 seconds from the time you authorize us to do so. Once software is registered with a customer or customer’s device, it cannot be refunded. No exceptions will be made to this rule. Once a part and/or software has been ordered, cancellation may not be available, or may be subject to a restocking fee.
In the event that, while your device is in our care, we do not have contact from you for a period of 60 days, or payments for service have not been made within 60 days of completed service or last payment, you forfeit all rights to your device. We hold a mechanics lien on your device until payment is made. In either of these circumstances, the device will become our property and may be kept or sold for service cost(s) at our sole discretion.
We strive to repair systems in a manner that prevents data loss. However, in rare circumstances, data loss is not preventable. Sometimes, even the process of attempting to recover data can cause data loss. You agree to hold us harmless for any loss of data.
Although we attempt to service your device in a reasonable, professional manner, relying on many years of experience and successful repairs on thousands of devices, from time to time, human errors do occur. If an error does occur we will make every reasonable attempt to correct the issue to your satisfaction. As with any reputable repair service, you have the right to rely on the recommendations of thousands of satisfied customers, with whom we have formed many lifetime bonds.
In the event of a misunderstanding, we will make every effort to resolve the problem, and ensure cost for service is fair and reasonable. If, by misunderstanding, we perform repairs to your device that are unrelated to the service you requested, we may choose to discount or eliminate cost for repair of said issue, or repairs already performed, at our sole discretion. If service performed by misunderstanding benefits you or your device, and/or may be related to requested service, we reserve the right to charge for services. You agree to allow us to arbitrate the issue, and agree to abide by our decision. You agree to pay all charges related to repairs, even in the event of a misunderstanding.
We request that only peripherals related to the service being performed be left with us (such as a power cord for the device being repaired). While we make every reasonable effort to keep customer peripherals safe and organized, we are not responsible for loss, theft or damage to any items left with us that were not requested by our representatives for the purpose of repairs (including, but not limited to, laptop cases and speakers). In the event a representative-requested item is left with us, and subsequently lost or damaged, we agree to make every effort to repair or replace the item(s) with a functional equivalent.
We are not responsible for acts of God (including, but not limited to, fires, floods, explosions, lightning strikes, extreme temperatures and/or humidity) or circumstances outside of our control (including, but not limited to, power line or telephone line electrical surge(s), internet service availability, availability of parts or shipping time) occurring while your device is in our care. In such events, you agree to hold us harmless for delays, damage to your device, loss, and all unfavorable results of these types of events.
Most new items carry a manufacturer’s warranty. Should a product fail within the warranty period, you may choose to allow us to arbitrate the process of warranty replacement. Depending on the circumstances, and under our sole discretion, arbitrating on your behalf may incur charges including, but not limited to shipping and handling, service time, data backup and recovery and technical support for replacement parts. You hereby agree to pay these charges.
By permitting us to service your device(s) you agree to be bound to the aforementioned “Terms of Service” posted on our website www.answersbydavid.com, or available upon request. The “Terms of Service” may be amended at any time without notice to you and it is your responsibility to keep abreast of these changes. You agree to be bound by any amendments/changes to this agreement as posted on our website.