ScotiaComp Technologies requires its customers to pay all invoices prior to any service being completed. You agree to any listed services found on these invoices and confirm that you have the authority to grant ScotiaComp Technologies full permission to access and complete purchased services on your device(s). In some cases, a special arrangement may be made to delay payment for invoices, have a free service or agreed to a recurring contract. Net 30 days may be provided for recurring contracts. These special cases will require a signed Service Authorization or electronic communication either direct or implied via email or our website; providing permission to work on and access your device(s). Any services being completed are not for the purposes of warranty and any repairs are considered out-of-warranty. If your device is still under manufacturer warranty, we suggest you contact the manufacturer first for resolution.
If you require hardware repair, your device may be sent to our authorized repair partner (stated as “Repair Partner” in future context) for diagnostics and service. You agree that your device(s) may be shipped via our chosen carrier between locations without any insurance applied. You may purchase shipping insurance to protect your device(s) for $2.00/$100.00 coverage between $500 and $5,000.00 for each required delivery. You agree that ScotiaComp Technologies, its partners and agents are not liable in any way for loss or damage to your device(s) while in transit either by a shipping carrier or ScotiaComp Technologies, its partners and agents. You grant full access to your device(s) hardware and data for the purposes of repairing your device(s) to an operational state, recovering data or for whatever reason agreed. Once your diagnostic review is completed, we will inform you of the parts and service that are required to fix your device(s). You will be required to pay for these parts and services prior to any work being completed. In some cases, parts must be ordered which will result in longer wait times.
ScotiaComp Technologies, its Partners and Agents are not responsible for any access, loss or corruption of data. You are responsible for backing up and securing all your data and keeping it safe. We will make every effort to keep your data private and secure. Some data related services such as Managed Home + Security, backups and recovery as an example may expose data to ScotiaComp Technologies, its partners and agents. Your data will never be replicated or used in any way other than to complete your services or maintain your systems as agreed.
Warranty & Guarantees
Any parts and components replaced come with a 1-year warranty for the replaced parts only. If your device malfunctions within one year, you must contact ScotiaComp Technologies and obtain a warranty authorization. ScotiaComp Technologies and its Repair Partner will review the device(s) under the claim to determine if it is a defect or damage from the user. Warranty only covers defective parts and components replaced during a hardware service. It does not cover additional parts and components of a device. If your parts are found to be defective, it will be repaired or replaced at no charge. The 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 the ScotiaComp Technologies or its Repair Partner or other modifications. If evidence is found that your device was tampered with (Broken seal) or shows damage from excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of ScotiaComp Technologies control, all warranty will be VOID.
Any parts removed from your device will be destroyed, reused or recycled accordingly. ScotiaComp Technologies and its partners will be the new sole-owner of any such parts and components, and you waive all rights under provincial or federal laws to the replaced device or repaired or replaced parts and components.
30 Day Satisfaction Guarantee
Any software service completed by ScotiaComp Technologies, its partners or agents is backed with a 30-day satisfaction guarantee. If a software service is completed on your device(s) and it does not meet your satisfaction, ScotiaComp Technologies will work with you to correct the device(s) to work as expected. If we fail to complete your request and you’re still unsatisfied, we will issue a full or partial refund depending on the services in question. The refund amount is at the discretion of ScotiaComp Technologies. If your device is found to have malware, hardware problems, misuse of downloading and installing applications, OS modifications or other application modifications, changes deemed illegal or unsupported by the computer manufacturer (Jailbreaks, etc), we reserve the right to VOID any guarantees or warranties as a result and are not responsible or liable to you or anyone else.
When your device is ready for return, arrangements will be made to contact you. Every available method will be used to make these arrangements. If we fail to reach you and are not contacted within 45 days of your service completion, we will consider your device(s) abandoned and as such, you release all ownership and assign these devices to ScotiaComp Technologies. All data will be deleted and the device will be sold. Any unpaid amounts owing to ScotiaComp Technologies will be paid from the sale of these unclaimed devices and we will keep 50% of the difference for additional compensation and storage. The remaining amount will be sent by cheque to the address we have on file as a partial compensation (if any amount is left available). If you do not cash the cheque within 60 days, It will be cancelled and these amounts will be donated to the charity of our choice.
LIMITATION OF LIABILITY/INDEMNITY
The warranty stated above sets out the full extent of ScotiaComp Technologies, its partners and agents responsibilities, and the exclusive remedy regarding work performed or parts supplied by ScotiaComp Technologies, its partners and agents in connection with the service on your device(s). All implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of the warrantY. In no event will ScotiaComp Technologies, its partners or agents be liable for damages in excess of the total amount due for the service, including without limitation, commercial loss of any sort; loss of use, time, data, reputation, opportunity, goodwill, profits or savings; inconvenience; incidental, special, consequential or punitive damage; or damages arising from the use or inability to use the product. Some provinces and jurisdictions do not allow limitation on how long an implied warrantY lasts, or the disclaimer or limitation of incidental or consequential damages, so these limitations and disclaimers may not apply to you. ScotiaComp Technologies, its partners and agents are not liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control. You agree to indemnify ScotiaComp Technologies, Its Partners and Agents from and against any claims brought against it arising from your breach of applicable law or these terms of service.
You and ScotiaComp Technologies, Its Partners and Agents agree that it is our intention that these Terms of Service be enforceable in accordance with their terms to the fullest extent permitted by law. You and ScotiaComp Technologies, its Partners and Agents agree that if any portion of these Terms of Service are adjudged by a court or arbitrator to be invalid or unenforceable, that adjudication will not be invalidated for the remainder of these Terms of Service and they will be fully enforceable.
To the extent permitted by applicable law, these Terms of Service state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter excluding any warranty information when purchasing a computer system. These warranties are subject to the manufacturer provided information and is between you and the manufacturer.
You understand and agree that certain information about your device will be collected and stored in a secure way using various tools available to us. Some tools will use logs and data from your computer to help with diagnostics and help identify the type of parts, components and software in use. Certain ID numbers like Model numbers, IMEI, serial numbers and additionally, applications lists, services in use and respective settings may be collected. This data may be stored on file securely or in a secure cloud environment and shared with our Partners and Agents as needed.
Applicable Law & Dispute Resolution
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Service will be governed by the laws of the Province of Nova Scotia, without reference to its choice of laws principle; ALL DISPUTES WITH SCOTIACOMP TECHNOLOGIES ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRABILITY, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute will not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, will not under any circumstances proceed as part of a class action or class arbitration. The arbitration will be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The venue for all arbitrations will be in Nova Scotia. The arbitration will be conducted according to the Canadian Arbitration Association Regular Arbitration Rules applicable to consumer disputes.The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Terms of Service. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against ScotiaComp Technologies employees, agents, partners, representatives and affiliates if any such claim arises from the Service.