Last Updated: December 22, 2020
All orders accepted by Smart Cloud LLC (“Smart Cloud” or “we” or “us” or “our”) to perform services (“Services”) or supply products (“Products”) are subject to the Terms & Conditions (“Terms”) set forth below. By agreeing to Smart Cloud’s provision of Services or Products, the requesting party (“Client” or “you”) acknowledges that the Terms become a binding obligation of both Smart Cloud and the Client (collectively, the “Parties”). Terms may change from time to time without notice, and each Party is individually responsible for reviewing and understanding all Terms.
Part 1 - Completion Guarantee
We guarantee that our Service(s) will be completed within one business day of the date set for performance of Service(s) during the scheduling of the appointment (“Booking”). If the Service(s) scheduled at Booking cannot be completed on the date set at Booking, then the Service(s) will be rescheduled for completion the next business day or, if Smart Cloud determines that it cannot reschedule the Service(s) for the next business day, the Client will be issued a partial refund. This guarantee does not cover Services added after Booking. THIS GUARANTEE IS DEEMED VOID IF THE CLIENT INHIBITS THE TECHNICIAN FROM ACCESSING THE PROPERTY OR PERFORMING THE SERVICE(S)
Part 2 - Agreement and Terms
The Terms, in addition to any quote during Booking, constitute the entire agreement (the “Agreement”) between the Parties related to the sale of Products or Services by Smart Cloud to the Client and supersede any prior understandings, arrangements, oral agreements, written agreements, or representations of any kind.
Part 3 - Payment Terms and Credit Card Processing
Payment is due upon receipt of invoice unless the invoice provides for an alternative due date. Quoted prices are subject to change after Booking and do not include applicable taxes, which will be added to the price you pay. Interest may be charged on any past due amount at the rate of 1.5% per month, or the maximum rate legally permitted, whichever is less.
Part 4 - Consent to Contact
Client authorizes Smart Cloud and its agents to communicate via call, text, and/or email regarding Bookings and for marketing or customer service purposes. Client should notify Smart Cloud at firstname.lastname@example.org if Client no longer wishes to be contacted. Smart Cloud is expressly not liable for any charges or fees related to its communications with Client.
Part 5 - Force Majeure, Change Orders, Cancellation, And Returns
Neither party will be liable for delays or inability to perform resulting in whole or in part from acts of God; labor disruptions; inability to procure or delayed product, supplies, or materials; severe weather conditions; acts of subcontractors; interruption of utility services; acts of governments, or any other circumstances or causes beyond the control of either of the Parties.
Change order requests and cancellation requests must be submitted in writing and may require revised lead times and/or additional charges. We will use reasonable efforts to accommodate Client requests.
Services will not be refunded or exchanged after the repair is completed. Product returns or exchanges must be completed within 14 days of purchase date. There will be a 15% restocking fee applied and will be deducted from the refund or exchange amount.
Part 6 - Confidentiality and Licensing Rights
Part 7 - Limitations on Liability and Warranties
7.1 - 30-Day Service Limited Warranty
Smart Cloud agrees to perform Service(s) as described on its website and in any quote received by the Client. If Service(s) performed by Smart Cloud prove not to have been so performed, or if Smart Cloud fails to provide the Service(s) or any portion thereof, and if Client notifies Smart Cloud of the same within 30 days of completion of the Service(s), Smart Cloud, at its discretion, will return to the Client’s location to perform the same Service(s) to full completion or render a full or pro-rated refund or credit based on the original charge for the Service(s). Only one 30-Day Service Limited Warranty may be claimed for original Service(s) performed during the same install or Booking (“Original Service(s)”). This section is deemed void if we determine that the Client itself or through a third-party has purchased and/or performed additional service(s) related to the Original Service(s)
7.2 - Dead on Arrival Limited Warranty
When a product the Client has purchased from a third party has arrived in a non-working state, we consider that product Dead on Arrival (“DOA Product”) and we will not be liable for any such DOA Product(s) nor will we be liable for the cost to replace DOA Products. If we encounter a DOA Product in the Client’s possession in the first instance, we will reschedule the Service(s) for another date for no additional charge. If after rescheduling once another DOA Product is found, we will charge a $25 rescheduling fee per each additional reschedule.
7.3 - Mobile Device Normal Repair Warranty
If Your Device should malfunction Smart Cloud must be notified within 30 calendar days after service, for a technician to come out and evaluate the device or the device must be shipped to Smart Cloud within 30 calendar days, and all costs of shipping will be borne solely by the purchaser. Smart Cloud's customer service department or technician will diagnose the repair upon receipt or arrival. Upon examination by Smart Cloud, if Your Device is found to be defective it will be repaired or replaced at no charge. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than Smart Cloud, use of any other product other than Smart Cloud products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of Smart Cloud's control.
EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION AND ANY APPLICABLE EXPRESS MANUFACTURER’S WARRANTY FOR ANY PRODUCT, SMART CLOUD MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY—WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Smart Cloud’s liability for damages arising from performing any Services, supplying Products, or arising from any warranty will not exceed the fees paid by the Client to Smart Cloud for any such Services or Products. The Parties agree that Smart Cloud is not liable for any special, indirect, incidental, consequential, or punitive damages barring any willful misconduct by Smart Cloud. WE WILL NOT BE LIABLE FOR CLIENT’S FAILURE TO PROTECT OR BACK UP ITS FILES NOR WILL WE BE LIABLE FOR THE COST OF RECONSTRUCTING ANY DATA STORED IN ANY MEDIUM LOST OR DAMAGED DURING THE COURSE OF OUR PERFORMANCE OF SERVICES. YOU ARE RESPONSIBLE FOR BACKING UP INFORMATION AND FOR MAINTAINING ANY COPIES OR EXTERNAL PRODUCTS FOR THE RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS. WHERE CLIENT HAS REQUESTED SMART CLOUD BACK-UP SERVICES, SMART CLOUD IS NOT RESPONSIBLE FOR LOSS OF CLIENT DATA OR INFORMATION DUE IN WHOLE OR IN PART TO DEVICE ERROR, MALFUNCTIONING, OR FAILURE.
Part 8 - Severability and Waiver
Any term or provision of these Terms or the Agreement that is determined to be invalid, illegal, or unenforceable in any jurisdiction shall not affect any other term or provision of the Terms or the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No waiver of any Terms is effective unless such waiver is in writing and signed by Smart Cloud. No failure to exercise, delay in exercising, or single or partial exercise of any right, remedy, power, or privilege arising from the Terms or any Agreement of the parties operates as a bar to the future exercise of any such right, remedy, power, or privilege.
Part 9 - Governing Law, Jurisdiction
All matters arising out of or relating to the Terms or the Agreement shall be governed by the laws of the State of Minnesota, and the courts of that State shall be the exclusive courts of jurisdiction and venue for any litigation or proceeding arising out of or relating to the Terms or the Agreement. Each Party hereby consents to the jurisdiction of such courts.
Part 10 - Attorneys’ Fees and Indemnification
In the event of any dispute between the Parties concerning the Terms or the Agreement, the prevailing party in such dispute shall be entitled to collect from the other party all reasonable expenses incurred in such dispute, including reasonable attorneys’ fees and costs. Client will defend, hold harmless, and indemnify Smart Cloud and its agents from all damages, harms, and liability arising out of or relating to the Client’s breach of these Terms or the Agreement, the Client’s tortious conduct, and the Client’s acts or omissions in failing to secure or make safe the premises for any Smart Cloud on-site visit.
Part 11 - Client Responsibilities
11.1 - On-Site
During any on-site Service(s), the Client is required to comply with the following requirements or the technician will immediately cease providing Service(s) and Service(s) will be rescheduled, if possible, and the Client will be charged a $25 rescheduling fee. For the entire duration of the Service(s): all pets must be secured away from the area of Service(s); an adult, 18 years of age or older, must be on the premises; individuals on the premises must not be under the influence of drugs or alcohol; and the technician must feel safe. Client must also have any product(s) that are to be installed present; all computer(s) must be accessible without obstruction; and in-wall wiring is PROHIBITED and must be performed by a licensed electrician.
11.1 - Remote
During any remote Service(s), the Client is required to comply with the following requirements or the technician will immediately cease providing Service(s), and Service(s) will be rescheduled, if possible, and the Client will be charged a $25 rescheduling fee. For the entire duration of the Service(s): Client must give permission to Smart Cloud to access and perform operations on Client’s computer remotely, including providing user and password information; Client must assist the technician in performing Service(s) if asked; and any products that need to be installed must be present in the Client’s possession and must be inserted into the computer upon technician’s request. The Client may terminate the remote session at any time, but the Client will be responsible for any fees and costs incurred or accrued prior to termination.
Part 12 - Tech Talk Service
OUR TECH TALK SERVICE DOES NOT INCLUDE REPAIRING OR UPGRADING CLIENT’S COMPUTER AND IS STRICTLY LIMITED TO ADVICE AND INFORMATION ABOUT HOW TO USE THEIR COMPUTER. This applies even with our Membership options. Our “Tech Talk” service includes demonstrating to the Client and assisting with:
Performing basic tasks on the Client’s device (e.g. CTRL-C is to copy text)
Arranging desktop icons or hiding them
Changing the Client’s desktop wallpaper
Connecting the Client’s local account to an online account
Saving or deleting bookmarks in the Client’s browser
Deleting the Client’s browsing history
Backing-up the Client’s passwords and bookmarks in the Client’s browser
Updating the Client’s computer
Performing email support
Troubleshooting the Client’s printer (on-site only)
Demonstrating how to use the Client’s smart home devices (on-site only)
Demonstrating how to use the Client’s cloud storage
Answering any technology related questions to the best of our ability.
Part 13 - Membership Services
There are three membership options, Basic, Premium, and Premium Plus, (the “Memberships”) described at https://www.smartcloudmn.com/memberships. Memberships are billed on an annual basis beginning on the date of enrollment. Clients participating in one of the membership options are “Members” during the period that they are enrolled in a Membership (the “Membership Term”). Members may earn rewards or incentives (“Perks”) that will be forfeited at the end of the Membership Term. Perks do not affect the payment rates for Membership. REPAIRING, UPGRADING AND/OR DIAGNOSING A CUSTOMER’S COMPUTER OR DEVICE WHILE ON THE MEMBER’S PREMISES (“EXCLUDED SERVICES”) ARE NOT INCLUDED IN ANY OF THE MEMBERSHIPS. ANY EXCLUDED SERVICES REQUESTED DURING A SESSION WILL BE CHARGED ACCORDINGLY BEFORE THE REQUESTED SERVICE STARTS. ANY PERKS CANNOT BE APPLIED TOWARDS PARTS, PHONE REPAIRS, TABLET REPAIRS, OR PRODUCTS SOLD BY SMART CLOUD.
Members may contact Smart Cloud during their Membership Term to receive brief support, but Members acknowledge that they assume all risks and potential liability of doing so. SMART CLOUD IS NOT LIABLE FOR ANY HARM TO THE MEMBER’S DEVICE CAUSED DURING A BRIEF SUPPORT SESSION.
Part 14 - Membership Renewals and Cancellation
All Memberships will be automatically renewed at the expiration of the Membership Term with the financial transaction card that the Member provided to Smart Cloud originally unless a Member notifies Smart Cloud of their intent not to renew within 7 business days of renewal.
Members may cancel their Membership within 14 calendar days after purchasing the Membership (the “Cancellation Period”), and receive a full refund of the Membership, provided that no Perks were redeemed. If Perk(s) were redeemed during the Cancellation Period, then the Membership will be cancelled and the Membership fee will be refunded less the value of the Perk. Members that cancel after the Cancellation Period will be refunded a prorated amount based on the length of Membership, less any redeemed Perks and fees. Smart Cloud reserves the right to charge a reasonable cancellation fee of no more than $50 (“Cancellation Fee”) for cancellations after the Cancellation Period.
Part 15 - Shipping
Smart Cloud offers shipping services free of charge for any Service. Shipment of Client’s property is at the sole discretion of the Client and the Client assumes all responsibility for damages that arise during shipment. The Client understands that all shipments require a valid return address. The Client is solely responsible for any fees that get incurred due to shipment to an invalid, or incorrect address and will be charged accordingly. Services must be paid for before the Client’s property is shipped back to the Client. Smart Cloud holds the right to withhold the Client's property until payment is received. Upon requesting service from Smart Cloud, Smart Cloud will provide the Client with a shipping label via email. If the Client pays for a shipping label before one is received from Smart Cloud, the Client will be responsible for the label cost. The Client is responsible for all costs and responsibilities that come with packaging the electronic device for shipment to Smart Cloud. SMART CLOUD IS NOT LIABLE FOR ANY DAMAGES, LOSS, OR THEFT THAT OCCURS DURING SHIPMENT FROM ONE LOCATION TO ANOTHER THROUGH ANY SHIPPING COMPANY.
Part 16 - Mobile Device Repairs
16.1 - Use Of Parts
Smart Cloud may use rebuilt, reconditioned, or new parts or components when repairing your mobile device (“Your Device”).
16.2 - Void of Manufacturer’s Warranty
Upon starting work on Your Device, you understand the repair may or may not VOID Your Device’s warranty with the manufacturer. We are not liable for any damages, costs, or repairs due to this VOID in the warranty.
16.3 - Loaner Devices
Smart Cloud will not provide any device to you in replacement of Your Device during servicing.
16.4 - Safekeeping
Subject to Part 7 above regarding data, Smart Cloud will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Smart Cloud’s possession for Service. If Your Device is lost or damaged while it is in Smart Cloud’s possession for Service, Smart Cloud will repair Your Device or replace it with an equivalent device, which at Smart Cloud’s option may be new or refurbished.
16.5 - Abandonment
If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs Smart Cloud will treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.
16.6 - Refunds
No repairs will be refunded or exchanged after the repair is completed.
16.7 - Meta-Data
You understand and agree Smart Cloud will collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Smart Cloud to enhance and improve this process, may be shared with Smart Cloud affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include: device phone number, device model number, device IMEI, device serial number, downloaded applications & their respective settings and host applications & their respective settings.
16.8 - All iPhone owners
Your Device’s Tru Tone feature or Face-ID may not work after a repair. By agreeing to any repair you are accepting these risks.
16.9 - All iPad owners
Due to the way iPads are constructed, minor scratches/damages to the LCD could occur, dust particles may be stuck in the screen, as well as the Touch ID cable could rip during screen removal. By agreeing to this repair, you are accepting these risks.
16.10 - iPhone 6 & 6 Plus owners
Due to the common defect called “Touch Disease” there is a possibility that touch sensitivity issues are not related to the screen. There is no refund on screen repairs if your phone later turns out to have “Touch Disease.”
16.11 - Pre-existing Damage
Pre-existing damage caused by the user such as a bent frame, dented frame corners, etc. may affect the completion/quality of the repair. This may include small gaps between the metal frame and screen. No repairs will be refunded due to these minor imperfections.
16.12 - Repair Risks
While it is not usually an issue, sometimes for reasons outside of Smart Cloud’s control issues can happen during a repair. These may include: damage to other parts such as the screen or LCD (in repairs other than screen), Touch ID, Face ID, proximity sensor, battery, cables, circuit board or the phone may go into a boot loop and require a restore (which would result in loss of data). Smart Cloud takes every possible precaution to complete your repair without issues. By agreeing to this repair you are accepting these risks.
16.13 - Screen Protectors
Any screen protector on the device during intake will not be reusable, refundable, repairable after any repair. Every Apple iPhone or iPad will receive 1 brand new clear tempered glass screen protector after any Digitizer/LCD/LCD & Digitizer Replacement. Every phone or tablet not made by Apple will receive 1 brand new Cellhelmet liquid glass screen protector that includes no insurance. The Client will have the chance to upgrade their screen protector to other premium versions Smart Cloud offers for an additional fee respective to their upgrade choice. THE CLIENT CANNOT DENY THE INCLUDED SCREEN PROTECTOR TO RECEIVE A DISCOUNT ON ANY DIGITIZER/LCD/LCD & DIGITIZER REPLACEMENT SERVICE.