Terms & Conditions

1.Scope of Services

RepairIT Kentucky provides computer repair, troubleshooting, networking, cybersecurity configuration, consulting, custom builds, and related information-technology services for residential and small-business clients. Services are performed based on the scope agreed prior to or at the time of service. Work requested beyond that scope may result in additional charges and, where material, will be quoted before it is performed.

2.Relationship to Other Agreements

These Terms govern ad-hoc, project, walk-in, and residential services. Recurring managed services are governed by a separate written Master Services Agreement and one or more Service Orders. Where a signed Master Services Agreement, Service Order, or Statement of Work conflicts with these Terms, that signed document controls as to the services it covers. Where a signed document is silent, these Terms apply.

3.Service Authorization

By requesting service, Client authorizes RepairIT Kentucky to perform diagnostic, configuration, and repair work on the equipment and systems provided, including installation and removal of software and access to stored data as reasonably necessary to perform the work. Client represents that it is the lawful owner of the equipment or is fully authorized to request service on it, and that it holds all licenses required for software installed on it.

4.Client Responsibilities

Client will:

• Provide timely physical and remote access to equipment, facilities, and networks;
• Provide accurate information about the environment, including known defects and prior work;
• Supply and maintain valid licenses and subscriptions for all software in use;
• Designate a point of contact authorized to approve work and additional charges;
• Respond to requests for decisions or approvals without undue delay; and
• Maintain its own independent backups of all data.

RepairIT Kentucky is not responsible for delays, defects, security incidents, or failures attributable to Client's failure to meet these responsibilities, to unlicensed software, or to hardware, operating systems, firmware, or applications that are end-of-life or no longer supported by their manufacturer where Client has declined a recommended remediation.

5.Estimates, Pricing & Taxes

• All quotes are estimates unless expressly stated to be a fixed price.
• Final charges may vary if additional issues are discovered. Client will be notified before significant additional work is performed.
• Labor is billed in minimum increments of 1 Hour. After-hours, weekend, holiday, and emergency work is billed at 1.5x on Saturday, 2x on Sunday, unless otherwise noted in a statement of work.
• Appointments cancelled with less than [24] hours' notice, and on-site visits at which access cannot be obtained, may be billed at contractually agreed rate at a minimum of 1 hour of labor.
• Prices are exclusive of sales, use, and similar taxes. Client is responsible for all such taxes other than taxes on RepairIT Kentucky's net income.

6.Payment Terms

Payment is due upon completion of services unless otherwise agreed in writing. RepairIT Kentucky accepts the forms of payment listed at the time of service. Invoices not paid within 30 days of the due date accrue a late charge of [1.5]% per month or the maximum rate permitted by Kentucky law, whichever is less. Returned or dishonored payments incur a fee of $25 per $100. Client will reimburse all reasonable costs of collection, including collection agency fees, court costs, and attorney fees.

If payment is not received when due, RepairIT Kentucky may suspend services and, to the extent permitted by applicable Kentucky law, retain possession of serviced equipment until payment is made in full. Client agrees not to initiate a chargeback or payment dispute without first notifying RepairIT Kentucky in writing and allowing [10] business days to resolve the matter.

7.Hardware Sales, Custom Builds & Returns

• Title to and risk of loss in hardware pass to Client upon [delivery / payment in full].
• Deposits on custom builds and special-order items are non-refundable once components are ordered.
• Returns of unopened stock items are accepted within [__] days subject to a [__]% restocking fee. Special-order and custom-built items are non-returnable.
• Hardware and software carry only the manufacturer's warranty. RepairIT Kentucky will reasonably assist with warranty claims but is not the warrantor.

Nothing in these Terms limits any non-waivable right of a consumer under the Kentucky Consumer Protection Act or other applicable law.

8.Data Backup & Data Loss

Client acknowledges and agrees that:

• Client is solely responsible for backing up all data prior to service;
• Repair processes, including hardware replacement, operating system reinstallation, malware removal, and drive repair, may result in data loss even where reasonable care is exercised;
• Data recovery is not guaranteed unless expressly agreed in writing; and
• Except as provided in Section 17, RepairIT Kentucky is not liable for loss, corruption, or unavailability of data.

9.No Guarantee of Hardware Longevity

Pre-existing conditions in Client equipment may cause additional failures. RepairIT Kentucky does not guarantee the continued functionality of aging or previously damaged equipment and is not responsible for failures occurring after service that arise from underlying hardware or software conditions beyond its control.

10.Warranty Disclaimer

Unless otherwise stated in writing, services are provided “as is,” and RepairIT Kentucky disclaims all express and implied warranties, including implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law. Third-party hardware and software warranties are governed solely by the manufacturer or publisher. Any labor warranty offered will be stated on the invoice and, unless otherwise stated, extends only to the specific work performed and expires 30 days after completion.

11.Remote Services, Monitoring & Consent

Remote support may require internet access and third-party software tools. RepairIT Kentucky is not responsible for internet or ISP outages or for vulnerabilities outside the agreed scope.

Client consents to the installation and operation of remote monitoring and management agents, endpoint security software, remote-session tooling, and email or network security scanning on covered systems, and to the collection of system, performance, configuration, and security telemetry necessary to deliver and improve the services. Remote sessions may be recorded for quality and security purposes. Client is responsible for notifying its personnel of such monitoring and for obtaining any consent required by law or by its own policies.

12.Cybersecurity Services & Incident Response

RepairIT Kentucky implements security controls in accordance with the agreed scope. No system, control, or configuration can render an environment fully secure. Cyber threats evolve continuously, and absolute prevention, detection, or remediation of security incidents cannot be and is not guaranteed.

Unless expressly included in a written agreement, incident response, forensic investigation, breach notification, ransomware recovery, and litigation support are outside the scope of services and, if requested, will be billed at RepairIT Kentucky's then-current incident-response rates. RepairIT Kentucky has no obligation to communicate or negotiate with, or make any payment to, a threat actor. Client is responsible for its own legal and regulatory notification obligations and is strongly advised to maintain cyber liability insurance.

13.Regulated & Sensitive Data

Unless a separate written agreement is executed, RepairIT Kentucky's services are not offered for environments that store, process, or transmit data subject to HIPAA, PCI-DSS, GLBA, CJIS, FERPA, ITAR, CMMC, or comparable regulatory regimes. Client represents that no such data is present in the covered environment unless it has disclosed that fact in writing and the parties have executed the applicable addendum, including a Business Associate Agreement where HIPAA applies. Client is responsible for its own regulatory compliance obligations.

14.Confidentiality

Each party will protect the other's confidential information with at least the care it uses for its own, use it only to perform or receive the services, and disclose it only to personnel and subcontractors with a need to know who are bound by comparable obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party, and do not prevent disclosure compelled by law where reasonable prior notice is given. Obligations survive for [three (3)] years after the engagement ends, and for trade secrets for so long as the information remains a trade secret. A separate Non-Disclosure Agreement, where executed, controls over this Section.

15.Intellectual Property

RepairIT Kentucky retains all right, title, and interest in its scripts, automations, runbooks, templates, documentation formats, methodologies, tooling, and other pre-existing or generally applicable materials, including improvements to them. Client receives a non-exclusive, non-transferable license to use deliverables incorporating such materials for its internal business purposes. Client retains ownership of its own data and of documentation specific to its environment. Nothing in this Section grants Client rights in third-party software.

16.Third-Party Products, Subscriptions & Subcontractors

• Third-party hardware, software, and cloud services are provided subject to the applicable vendor's license, terms of service, and acceptable use policy, which Client agrees to comply with.
• Certain subscriptions, including Microsoft cloud licensing under annual commitment terms, are non-cancelable and non-refundable for their committed term. Client is responsible for the full committed amount regardless of early termination, seat reduction, or discontinuation of services.
• Vendor price increases, product changes, and discontinuations may be passed through with [30] days' notice.
• RepairIT Kentucky may engage qualified subcontractors and remains responsible for their performance under these Terms.

17.Limitation of Liability

To the fullest extent permitted by law, RepairIT Kentucky is not liable for:

• Loss, corruption, or unavailability of data;
• Loss of revenue, profits, goodwill, or anticipated savings;
• Business interruption;
• Indirect, incidental, special, consequential, exemplary, or punitive damages; or
• Failures of third-party hardware, software, or services.

RepairIT Kentucky's total aggregate liability arising out of or relating to the services, regardless of the form of action, will not exceed the amounts paid by Client to RepairIT Kentucky for the services giving rise to the claim during the [twelve (12)] months preceding the event on which the claim is based.

Exceptions. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, fraud, bodily injury or death caused by a party's negligence, or any liability that cannot be limited under applicable law. The limitations above do not apply to Client's payment obligations, to either party's indemnification obligations, or to breach of Section 14.

Any claim arising out of or relating to the services must be brought within [one (1)] year after the claim accrues, to the extent such a limitation is enforceable under Kentucky law.

18.Indemnification

Client will indemnify, defend, and hold harmless RepairIT Kentucky, its members, employees, and subcontractors from claims, damages, liabilities, and reasonable costs and attorney fees arising from: unauthorized use of equipment or systems; illegal content or activity on Client devices; Client's failure to maintain backups; Client's violation of law or of third-party terms; intellectual-property claims arising from materials, software, or content supplied by Client; and third-party claims relating to Client data or to Client's regulatory obligations.

19.Insurance

RepairIT Kentucky maintains [commercial general liability], [technology errors and omissions / professional liability], and [cyber liability] insurance in commercially reasonable amounts. Certificates are available on request. Client is responsible for maintaining its own property, liability, and cyber liability coverage appropriate to its business.

20.Abandoned Equipment

Equipment not retrieved within [30] days after notice that service is complete may be subject to a storage fee of $20 [per day]. If equipment remains unclaimed [60] days after RepairIT Kentucky sends written notice to Client's last known address, the equipment may be deemed abandoned, and RepairIT Kentucky may dispose of, recycle, or sell it in accordance with applicable law, applying any proceeds to amounts owed.

21.Force Majeure

RepairIT Kentucky is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, severe weather, power outages, internet service interruptions, supply chain disruptions, government actions, labor disputes, equipment shortages, acts of terrorism, cyberattacks on third-party infrastructure, and pandemics or public health emergencies. RepairIT Kentucky will make reasonable efforts to resume services as soon as practicable. Either party may terminate the affected services if the condition persists beyond [60] consecutive days.

22.Non-Solicitation

During the engagement and for [twelve (12)] months afterward, Client will not directly or indirectly solicit for employment or engage any RepairIT Kentucky employee or subcontractor who performed services for Client, without prior written consent. If Client does so, Client will pay a placement fee equal to 50% of the individual's first-year total compensation, which the parties agree is a reasonable estimate of the resulting loss and not a penalty. General advertising not targeted at such personnel is not a breach.

23.Governing Law, Arbitration & Disputes

Governing law.

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws rules.

Informal resolution first.

Before commencing arbitration, the parties will attempt to resolve the dispute through good-faith discussion between senior representatives for [30] days after written notice describing the dispute.

Binding arbitration.

Any dispute arising out of or relating to these Terms or the services that is not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in [Jessamine] County, Kentucky. The arbitrator may award any relief that a court could award, subject to the limitations in Section 17. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions to arbitration.

Either party may seek injunctive or other equitable relief in the state or federal courts located in [Jessamine / Fayette] County, Kentucky to protect its confidential information or intellectual property, and RepairIT Kentucky may bring an action for collection of undisputed amounts owed in any court of competent jurisdiction. Each party consents to personal jurisdiction in those courts for those purposes.

Individual basis only.

Disputes will be arbitrated only on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator has no authority to consolidate claims or preside over any form of representative proceeding.

Fees and costs.

Filing, administrative, and arbitrator fees are allocated under the applicable AAA rules. The prevailing party is entitled to recover reasonable attorney fees and costs to the extent permitted by law.

Jury trial.

By agreeing to arbitration, each party knowingly and voluntarily waives any right to a trial by jury on any claim subject to arbitration.

24.Changes to These Terms

RepairIT Kentucky may revise these Terms from time to time. The version in effect on the date services are requested governs that engagement. For ongoing services, material changes take effect [30] days after posting or notice, and continued use of services after that date constitutes acceptance. The current version and effective date are shown at the top of this page.

25.Website Use & Privacy

Content on repairitky.com is provided for general information and does not constitute technical or professional advice. Personal information submitted through the site is handled as described in our Privacy Policy, which is incorporated by reference. By providing a mobile number and opting in, Client consents to receive service-related and, where separately consented, promotional text messages from RepairIT Kentucky; message and data rates may apply, frequency varies, and Client may opt out at any time by replying STOP or by contacting us.

26.General Provisions

Entire agreement.

These Terms, together with any signed agreement, Service Order, or invoice, constitute the entire agreement and supersede prior discussions on the same subject.

Severability.

If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in effect.

No waiver.

Failure to enforce a provision is not a waiver of it.

Assignment.

Client may not assign these Terms without prior written consent. RepairIT Kentucky may assign to a successor in connection with a merger or sale of substantially all assets.

Notices.

Notices must be in writing and sent to the addresses on file, by hand delivery, certified mail, nationally recognized courier, or email with confirmation of receipt.

Independent contractor.

The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

Survival.

Sections 6, 8–10, 12–19, 22, 23, and 26 survive completion or termination of services.

Electronic communications.

Client consents to transact electronically. Electronic signatures and records have the same effect as originals.

Headings.

Headings are for convenience only and do not affect interpretation.

27.Acceptance

By requesting or accepting services, Client acknowledges that it has read, understood, and agrees to these Terms & Conditions.