Levious Repair Customer Services
Agreement
Thank you for using
Levious
Services.
In this Agreement ("Agreement"), "you" and "your" mean the
"Customer" of the Levious services defined below, and
"Levious," "we," "our," and "us" mean Levious Repair and any
Levious Repair affiliate authorized to provide you with our
services. BY ENROLLING IN, USING, OR APPLYING FOR THESE
SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS
AGREEMENT AND THE PRICES AND CHARGES AS LISTED ON THE Levious
WEBSITE. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS
AND CONDITIONS DO NOT USE THE SERVICES, AND CANCEL THE
SERVICES IMMEDIATELY BY CALLING LEVIOUS AT THE CUSTOMER
SERVICE NUMBER LISTED ON YOUR BILL. THIS CUSTOMER SERVICES
AGREEMENT DOES NOT CHANGE OR AMEND ANY INDIVIDUAL OR COMPANY
CONTRACT THAT ARE INDIVIDUALLY NEGOTIATED WITH LEVIOUS. THIS
AGREEMENT REPLACES ONLY THE DOMESTIC INTERSTATE AND
INTERNATIONAL TARIFFS ON FILE WITH THE FCC.
The Services covered in this
Agreement are subject to billing availability and may not be
available at all locations.
The "Levious Customer Services
Agreement" posted on the Levious website, contains the
specific prices and charges, service descriptions, and other
terms and conditions not set forth here that apply to each of
your Services.
THIS AGREEMENT INCORPORATES
BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS
INCLUDED IN THE LEVIOUS CUSTOMER SERVICES AGREEMENT POSTED ON
THE LEVIOUS WEBSITE.
I. CHARGES AND PAYMENT.
A. General.
You agree to pay us for the Services at the prices and charges
listed in this Levious website. The prices and charges for any
particular call may depend on a number of factors that
include, for example, the duration of a Repair, whether the
Repair is domestic or international, and the type of service
provided. Service types include, for example, Computer from
home or business, Cell Phone Repair, and Electronics Repair
for all customers. The prices and charges for the Services may
also include, for example, Parts fees and late payment charge.
B. Price changes.
We may change the
prices and charges for the Services from time to time. We may
decrease prices without providing advance notice.
We will provide notices of
increases to the prices and charges by bill message or other
notice and/or by posting the price changes on this Levious
Repair website.
C. Payments.
You must pay all bills or
invoices on time (on or before the due date) and in U.S.
money. We do not waive our right to collect the full amount
due if you pay late or
D. Failure to Pay.
If you fail to pay after 15 days
your unit will be sold to cover all service costs
E. Taxes and Other
Charges. You must
pay all taxes, fees, surcharges, and other charges that we
bill you for the Services, unless you can show documentation
satisfactory to us that you are exempt. Taxes and surcharges
will be in the amounts that federal, state, and local
authorities require us to bill you. We will not provide
advance notice of changes to taxes and surcharges, except as
required by applicable law.
IV. LIABILITY
Levious shall not be
responsible for any claim, injury, and debt that you may incur
due to your use of our Services.
A.
The Company will not be liable for: (i) any failure of
performance due to causes beyond its control, including, but
not limited to, acts of God, fires, floods or other
catastrophes; national emergencies, insurrections, riots or
wars, strikes, lockouts, work stoppages or other labor
difficulties; preemption of existing services to restore
service in compliance with the FCC's Rules and Regulations;
and any law, order, regulation or other action of any
governing authority or agency thereof; or (ii) delayed
installation of the
C.
The Company will not be liable for any act or omission of any
other company or companies furnishing a portion of the
Service, or from any act or omission of a third party,
including those vendors participating in the Company offerings
made to you, or for damages associated with Service, channels,
or equipment that it does not furnish, or for damages that
result from the operation of customer provided systems,
equipment, facilities or services that are interconnected with
the Company services.
THE PROVISIONS ABOVE WILL
CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
V. LIMITATIONS OF LIABILITY.
THIS SECTION DESCRIBES THE FULL
EXTENT OF OUR RESPONSIBILITY FOR ANY CLAIMS YOU MAKE FOR
DAMAGES CAUSED BY THE FAILURE OF THE SERVICES, OR ANY OTHER
CLAIMS IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT.
IF OUR NEGLIGENCE CAUSES DAMAGE
TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE
AMOUNT OF DIRECT DAMAGE TO THE PERSON OR PROPERTY. FOR ANY
OTHER CLAIM, WE WILL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF
OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR
ALL CLAIMS, WE WILL NOT BE LIABLE FOR INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST
PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. WE ALSO
WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE OR SPECIAL DAMAGES.
THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE
FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY
WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
WE WILL NOT BE LIABLE FOR ANY
DAMAGES IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM
WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR
EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO
APPLY AFTER THE AGREEMENT ENDS.
VI. WARRANTIES.
EXCEPT AS THIS AGREEMENT
STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND
DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO
MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT
LIMITED TO LEVIOUS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO
MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT
RELY ON ANY SUCH STATEMENT.
VIII. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ
THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR
RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE
OR JURY. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF
FROM A FEDERAL OR STATE REGULATORY AGENCY.
A.
If you have a dispute regarding your service or bill, please
first email our Customer Service at the Customer Service
sales@levious.com.
B.
If you do not notify the Company in writing of a dispute with
respect to the Company's charges, or application of Taxes,
within 7 days from the date of the disputed invoice, such
invoice will be deemed to be correct and binding on you.
.
B. Privacy Policy
It is the Company's policy
not to sell or rent its personally-identifiable customer
information to unaffiliated companies or organizations. In the
future, should the Company decide to sell or rent such
information to those entities, it will provide notification
and the opportunity for its customers to indicate that they
would prefer the Company not sell or rent such information
about them to such third parties. Such notice may be provided
by amending the Agreement or any other comparably effective
means.
X. MISCELLANEOUS
A. No Third Party Rights.
This Agreement does not provide any third party with a remedy,
claim, or right of reimbursement.
B. Acts Beyond Our
Control. Neither
you nor we will be responsible to the other for any delay,
failure in performance, loss or damage due to fire, explosion,
power blackout, earthquake, volcanic action, cable cuts by
third parties, flood, the weather elements, strike, embargo,
labor disputes, civil or military authority, war, acts of God,
acts or omissions of carriers or suppliers, acts of regulatory
or governmental agencies, or other causes beyond our
reasonable control, except that you must pay for any Services
used.
C. Assignment.
We can assign all or part of our rights or duties under this
Agreement without notifying you. If we do that, we have no
further obligations to you.