Terms and Conditions

Fixit, LLC Terms of Service

  1. Engagement of FIXIT. PURCHASER hereunder retains FIXIT, and FIXIT hereby accepts PURCHASER’s engagement, to perform services (“Services”) for PURCHASER. Each engagement shall specify the Services to be performed by FIXIT, including any and all technical, functional and performance specifications designated by PURCHASER, and the fees to be paid to FIXIT for such Services.
  1. Payment Terms
    1. Payment. PURCHASER will pay FIXIT for services provided immediately upon completion of services, pursuant to these Terms of Service. PURCHASER shall provide payment information upon booking of FIXIT services.
    1. Cancellation Policy. In the event PURCHASER should cancel services with less than twenty-four (24) hours’ notice of scheduled appointment time, PURCHASER’s credit card shall be charged for the original quoted services fee.
    1. Fee Disputes. In the event that PURCHASER reasonably and in good faith disputes any invoiced amount, PURCHASER must notify FIXIT within five (5) days of the applicable invoice date. PURCHASER may withhold payment of the disputed amount; provided, however, that (i) PURCHASER will continue to pay undisputed invoiced amounts in accordance with this Section 5; and (ii) FIXIT will continue to perform its obligations hereunder. Unpaid invoiced amounts that are in dispute in reasonable good faith will not be a basis for default.
  1. Independent Contractors. Fixit employees and consultants shall not be deemed employees of Purchaser. Except as provided herein, Fixit shall pay its employees and consultants in accordance with the employment and/or consulting agreements in effect between Fixit and such employees and consultants. Fixit shall be solely responsible for payment of compensation and any other costs attendant to employment of Fixit’s employees, including any amounts that may be due as prevailing wages under applicable law to Fixit’s employees performing services pursuant to these Terms, and for payment of all worker’s compensation, disability benefits, and as well as for payment of all withholding, social security, provident fund and other taxes and any other costs on those of its employees who are engaged in the performance of services, as may be required under applicable laws. Fixit shall comply with all the provisions of applicable law in respect of the service conditions of its employees and will be responsible for breach (if any) committed by it in respect thereof.
  1. Termination.
    1. Termination of Agreement. These Terms shall remain in effect so long as Fixit is performing services for Purchaser, and notwithstanding any other terms to the contrary herein.
    1. Survival. Termination of this Agreement for any reason whatsoever shall not relieve either party of its obligations under Sections 3, 4, 5, 6 and 7, which shall survive any termination of expiration of these Terms.
  1. Warranties. Fixit warrants that: (a) Fixit shall perform the Services in a workmanlike manner consistent with customary industry standards; (b) Fixit has or will have personnel with appropriate technical skills to perform the work requested by Purchaser; and (c) Fixit will perform all work in compliance with applicable law.
  1. Liability.
    1. Liability of Fixit and its Employees. Purchaser expressly agrees that the aggregate liability of Fixit and its employees shall not exceed the amount of fees Purchaser paid to Fixit for Services during the previous six (6) months pursuant to these Terms whether such claim arises under contract or tort. Notwithstanding anything to the contrary, Fixit shall not be liable to Purchaser and/or its employees for indirect, incidental, special or consequential damages or loss of use, business interruption, loss of data, even if Purchaser has been advised of the possibility of such damages. Purchaser agrees that it will irrespective of any such claim, loss, damage or expense, continue to pay all monthly charges and other sums as may come due to Fixit during the term of an engagement, except for any sums which are the subject of a good faith dispute as set forth in herein.
    1. Timely Claims; Mitigation of Damages. No action, regardless of form, arising out of these Terms or any engagement, may be brought by either party more than one (1) year after the cause of action has arisen, except that an action for non-payment may be bought within one (1) year after the date of last payment pursuant to the applicable engagement. Each party agrees to take reasonable action to mitigate its damages that could be subject to a liability claim or indemnity pursuant to these Terms.
  1. General Terms.
    1. Force Majeure. FixIt shall not be deemed in default of these Terms to the extent that any delay or failure in performance of its obligation results, without its fault or gross negligence, from any cause beyond its reasonable control (including without limitation an act of God, war, riot, civil unrest, fire, flood, or storm) provided said FixIt gives reasonably prompt notice of the force majeure condition and uses reasonable efforts to rectify said condition.
    1. Governing Law/Choice of Venue. These Terms shall be interpreted, construed, and enforced according to the laws of the Commonwealth of Virginia, without giving the effect to any conflict of laws provisions. Each party expressly submits themselves to the exclusive, person jurisdictions of the courts situated in the Commonwealth of Virginia.
    1. Waiver. The waiver of a breach of these Terms or the failure of a party to exercise any right hereunder or thereunder, shall in no event constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right of the non-breaching party.
    1. Severability. If any term, condition or provision in there Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed therein. If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
    1. Publicity. FIXIT shall have the right to utilize photos of work performed and testimonials of such work for advertising purposes, including but not limited to, posting such photos or testimonials on their website or social medial page.
    1. Headings. The subject headings of these Terms are included for purposes of convenience only, and shall not affect the construction or interpretation of any provision hereof.
    1. Entire Agreement. These Terms represent the entire agreement of the Parties, and supersedes any and all previous agreements and understandings between the parties relating to the subject matter hereof. These Terms may be amended only in writing, signed by duly authorized representatives of both parties.