Last Updated 10/04/2023
Terms & Conditions
ACCEPTANCE OF TERMS
We will provide the price of the services for each opportunity we send. This price is final, and no modification or adjustment of the stated price may be made by You without the express written consent of Fixt. Repairs are not valid unless accepted in the Fixt Technician App by You, and Fixt will not recognize Your acceptance based on verbal orders. Your commencement of work on the services subject to each repair request shall be deemed an effective mode of acceptance of price offered and set by Fixt.
RULES AND CONDUCT
By way of example, and not as a limitation, You shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, User Submissions, or other information using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;
- includes video or a photograph of another person or an identifiable location that you have posted without that person's or the owner of such location's consent;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, sexually explicit or profane, or depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (i.e., "spamming");
- involves commercial activities and/or sales without Fixt's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- displays an advertisement, or accepts payment or anything of value from a third person in exchange for your performing any activity on or through the Service on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Fixt Inc. or any third party; or
- impersonates any person or entity, including any employee or representative of Fixt.
Additionally, You shall not:
- take any action that imposes or may impose (as determined by Fixt in its sole discretion) an unreasonable or disproportionately small strain on Fixt's infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
- bypass any measures Fixt may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- self-promote Your services or business to Fixt customers; or
- discuss payment terms or accept any form of payment from a Fixt customer.
You shall not (directly or indirectly):
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Service or as explicitly provided on the Site; or
- copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
You shall not:
- select or use as a Fixt account name the name of another person with the intent to impersonate that person;
- use as a Fixt account name a name that is subject to any rights of a person other than You without appropriate authorization; or
- use as a Fixt account name a name that is otherwise offensive, vulgar or obscene.
Fixt reserves the right to refuse registration of, or cancel a Fixt account in its sole discretion. You are solely responsible for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your Fixt password. You may never permit anyone else to use your account. You will immediately notify Fixt in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.
COPYRIGHT & TRADEMARKS
Fixt is an independent service provider. Fixt, its affiliates, and its affiliates' employees, contractors, directors, suppliers and representatives, are in no way, shape, or form affiliated with any Original Equipment Manufacturer ("OEM").
The Service may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Fixt's control, and You acknowledge that Fixt is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Fixt or any association with its operators. You further acknowledge and agree that Fixt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Fixt MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;
- CONSEQUENCES OF USING THE SITE OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE;
- UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER SUBMISSIONS; OR
- STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. Fixt IS NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF OR CHANGE TO ASSOCIATED METADATA OF CONTENT ON THE SITE.
Fixt, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
- THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR
- THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
You warrant to Fixt and its customers that all repairs and parts offered to Fixt or Fixt’s customers shall be free of defects in materials and workmanship for a period of 12-months from the date of repair. In the case of Software, the warranty applies to factory restores, backups, unlocks, performed by You.
If the unit should malfunction (including any breach of warranty for repairs, parts, or software), You must honor such warranty. You will go out to diagnose the repair immediately upon notice of defect. Upon examination by You, if the unit is found to be defective it will be repaired or replaced at no charge. For the avoidance of doubt warranty to X, however, does not apply to defects resulting from any action of the customer, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, repair by someone other than Fixt, use of any other product other than Fixt products, or unauthorized modification.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Fixt, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES:
- FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
SUBSTITUTE GOODS OR SERVICES ARISING FROM
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND USE OF THE SERVICE;
- FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR
- FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.).
You shall defend, indemnify, and hold harmless Fixt, its affiliates and each of its, and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and legal expenses, that arise from:
- Your use or misuse of, or access to, the Service;
- Your willful misconduct or negligent acts;
- Bodily injury or property damage caused by Your acts; or,
- The infringement by you, or any third party using your account, of any intellectual property, privacy, publicity or other right of any person or entity.
ATN: SOSI-Fixt, Inc.
S260 Interstate N Cir SE,
Atlanta, GA 30339.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both You and Fixt agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
ACKNOWLEDGMENT AND AUTHORIZATION FOR BACKGROUND CHECK
You hereby authorize the obtaining of “consumer reports” and/or “investigative consumer reports” by Fixt at any time after receipt of this authorization and throughout the term of this Agreement. To this end, You hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company to furnish any and all background information requested by Fixt or any third party designated by Fixt. I understand that the results of this investigation may be used in decisions about my status as a contractor for Fixt, where legally permissible. I agree that an email or facsimile (“fax”), electronic or photographic copy of this Authorization shall be as valid as the original.
You will also receive a copy via e-mail of the following documents entitled A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT and the DISCLOSURE AND AUTHORIZATION FOR BACKGROUND CHECK for Your review and record keeping.
California applicants only: Under California Civil Code section 1786.22, You are entitled to find out what is in the CRA’s consumer report on You with proper identification, as follows:
In person, by visual inspection of Your consumer report during normal business hours and on reasonable notice. You also may request a copy of the information in person. The CRA may not charge You more than the actual copying costs for providing You with a copy of Your consumer report . A summary of all information contained in the CRA consumer report on You that is required to be provided by the California Civil Code will be provided to You via telephone, if You have made a written request, with proper identification, for telephone disclosure, and the toll charge, if any, for the telephone call is prepaid by or charged directly to You.
By requesting a copy be sent to a specified addressee by certified mail. CRAs complying with requests for certified mailings shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the CRAs.
New York applicants only: Upon request, You will be informed whether or not a consumer report was requested by Fixt, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. You have the right to inspect and receive a copy of any investigative consumer report requested by Fixt by contacting the consumer reporting agency identified above directly. By signing below, You acknowledge receipt of Article 23-A of the New York Correction Law.
Washington State applicants only: You also have the right to request from the consumer reporting agency a written summary of Your rights and remedies under the Washington Fair Credit Reporting Act.
"Proper Identification" includes documents such as a valid driver’s license, social security account number, military identification card, and credit cards. Only if You cannot identify Yourself with such information may the CRA require additional information concerning Your engagement as a contractor and personal or family history in order to verify Your identity. The CRA will provide trained personnel to explain any information furnished to You and will provide a written explanation of any coded information contained in les maintained on You. This written explanation will be provided whenever a consumer report is provided to You for visual inspection. You may be accompanied by one other person of Your choosing, who must furnish reasonable identification. An CRA may require You to furnish a written statement granting permission to the CRA to discuss Your consumer reporting such person’s presence.
1. You understand and agree that Fixt will perform a background search of You prior to providing You with access to the Software as a condition precedent. Your connection with Customers through the Software is conditioned on a satisfactory result of a background check. Fixt may refuse to provide You access to the Software based upon any reason, including, but not limited to, the result of a background search or any other right provided to Fixt under the other terms of these Terms and Conditions. You agree to provide Fixt with any and all information needed in order for Fixt to perform the background search, pursuant to these Terms and Conditions.
2. Fixt will inform You of the results of its background check and what Fixt plans to do (reject or utilize You as an independent contractor for services.) Background check providers may give You a copy of their results. Fixt conducts a background check on all technicians who pass through the Skills Assessment phase without discriminating against certain individuals. Fixt will give You reasonable information needed to dispute a report or address any issues their background check may bring up.
3. You represent and warrant that You will not present a threat to the safety or security of Customers’ or others’ premises, person, guests, customers or employees.
CUSTOMER DATA PRIVACY & COMPLIANCE
Customer privacy is of utmost importance. You are expected to exhibit complete respect of any and all Customer information. Customer information includes, but is not limited to, any information You collect or receive including but not limited to the customer’s name, contact information, address/location, business, or any other personally identifiable information. You will not view or access any personal content on the Customer’s device which is not necessary to provide services to Customer under this Agreement. This includes, but is not limited to, contacts, personal information, financial information, call or message histories, pictures or videos, emails, web histories, applications, or any other information not factory-installed on the device by the original equipment manufacturer and/or not required for the repair of the device.
UNDER NO CIRCUMSTANCES SHOULD YOU EVER ACCESS, TRANSMIT, INSTALL, OR TRANSFER PERSONAL OR SENSITIVE DATA ON A CUSTOMER’S DEVICE WITHOUT CUSTOMER’S EXPRESS PERMISSION AND CONSENT. DOING SO VIOLATES THIS AGREEMENT AND WILL RESULT IN IMMEDIATE TERMINATION OF ANY RELATIONSHIP WITH FIXT, AS WELL AS POSSIBLE LEGAL ACTION AGAINST YOU BY FIXT, THE CUSTOMER, AND/OR GOVERNMENTAL AUTHORITIES.