Maverit.com User Agreement
APPLICATION AND ACCEPTANCE OF GENERAL TERMS OF SERVICE
By purchasing, using and/or receiving a Maverit.com (hereafter “Maverit”) web-based or remote technical support, data, repair or networking service (“Work”), you accept and agree to be bound by these Remote Services Terms and Conditions, as updated by Maverit from time to time (“Work Terms”).
These Work Terms, together with the terms of your purchase receipt, comprise the entire agreement between you and Maverit with respect to the Service. These Work Terms will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Maverit have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify these Work Terms – either orally or in writing.
References herein to “Maverit” are referring to Maverit LLC and/or their affiliates, employees or third-party service providers, as the case may be. References herein to “you”, “your” or “I” are references to the person(s), partnerships, companies or other legal entities purchasing, using and/or receiving the Work which are subject to these terms and conditions.
To receive the Work, you will need a broadband or high-speed internet connection and modem, for which you will be responsible. You will also need to provide information about the symptoms and causes of issues you are experiencing. You will need to respond to requests for information such as your hardware serial number, model, version of the operating system, and software installed, any peripheral devices connected to or installed on your hardware, user and password information for access, any error messages displayed, the actions which were taken before your device began experiencing issues and steps already taken to try to resolve the issues.
If you require in-person services, you understand and agree that such in-person services are not included in these Work Terms and any such services to be provided will be at an additional charge. You will need to sign a service order disclaimer or other service terms, which are separate legal documents and do not form a part of these Work Terms. See the description of Additional Costs contained herein.
Additional costs and fees may apply to orders where the service required exceeds the scope of work for services already purchased. Maverit will provide you with notice of the cost of additional services prior to performing work beyond the Work already purchased.
Unless otherwise stated in writing, all fees and charges are non-cancelable once service begins. Our subscription plan early cancellation policy may be accessed via the Maverit.com website.
Maverit may use tools it deems necessary for performing Work, including remote access, and may install software that allows you to obtain additional technology services. For software installations, you authorize Maverit to accept End User License Agreements on your behalf.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
You agree that prior to Maverit technicians performing the Work, it is solely your responsibility to back-up the data, software, information or other files stored on your product.
LIMITATIONS TO WORK
Maverit shall not be liable for any failure or delay in performance due to any cause beyond its control. Maverit reserves the right to refrain from providing the various Work services ordered on the basis that the minimum system requirements are not met or the technical needs or other requirements you have are unusual or extensive and beyond the scope of these Work Terms, as determined by Maverit.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE WORK AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE WORK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MAVERIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WORK OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE WORK. YOUR USE OF THE WORK AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE WORK IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAVERIT DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE WORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAVERIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES ARISING FROM THE WORK OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE WORK, EVEN IF MAVERIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY THE WORK, MAVERIT’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, MAVERIT’S MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATED TO MAVERIT UNDER THESE WORK TERMS WILL BE LIMITED TO THE SUMS PAID BY YOU TO MAVERIT UNDER THESE WORK TERMS DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.
I HEREBY WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS AGAINST MAVERIT, WHETHER OR NOT I HAVE REQUESTED MAVERIT TO ATTEMPT TO BACK UP MY DATA, AS UNDER NO CIRCUMSTANCES SHALL MAVERIT BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOSS OF ANY MEDIA FROM MY PRODUCT.
LIMITED SERVICES WARRANTY
Notwithstanding the foregoing, Maverit will correct, for no additional charge, any defects in workmanship of the Work within 30 days from the date you received the Work at your home or business or 30 days from the date you received such Work through an online portal performed by a Maverit technician; however, for repairs necessitated by a virus or spyware, this 30-day warranty is only valid if the antivirus and antispyware protection for your product is installed or updated during the repair or before you again connect to the Internet.
LAWS; INVALID TERMS
These Work Terms and any Services provided under these Work Terms will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law provisions. If any provision of the Work Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
PHONE CALLS & TEXTING: Maverit may call or text you at the phone number you provided (including any mobile number) should we lose connectivity during our chat session, to inform you about the status of your Work and to obtain prior approval for Work that will exceed the minimum approved amount stated on the Work order. Calls may be live or pre-recorded and calls or texts may be made via automated dialing system. Voice and Data Rates May Apply.