Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (“Terms”) govern the provision of any computer, device, or system support, repair, diagnostic, installation, maintenance, or related services (“Services”) and any products provided by Little Dog Tech (“Company”) to the customer (“Client”). If Services or products are provided pursuant to a separate written agreement, statement of work, or master services agreement, the terms of such separate agreement shall control to the extent of any conflict. By authorizing, requesting, or accepting Services or products, Client agrees to be bound by these Terms. Company reserves the right to refuse to provide Services or products to any person or entity at any time, with or without notice, and for any lawful reason. Client represents and warrants that Client is at least eighteen (18) years of age and has the legal right, capacity, and authority to enter into these Terms.
1. Authorization to Access Equipment
Client hereby authorizes Company to access, connect to, operate, control, download to, install on, and modify any computer, device, media, or other equipment submitted for service (collectively, “Equipment”) as reasonably necessary to perform the Services. This authorization includes, without limitation, the right to gather system information, install or remove software, change settings, utilize remote access tools, and exercise full or partial control of the Equipment as necessary in connection with the Services.
2. Quotes
Any verbal quote is an estimate only, is provided solely as a guide, and shall not be binding upon Company. Written quotes issued by Company on official Company letterhead or through an authorized Company communication shall remain valid for fourteen (14) days unless otherwise expressly stated in writing.
3. Ownership; Authority to Consent
Client represents and warrants that Client is the owner of the Equipment or has obtained the permission of the owner and all other necessary rights and authorizations required for Company to perform the Services. Client shall indemnify and hold Company harmless from and against any claim arising out of Client’s lack of ownership, authority, or authorization to present the Equipment for service.
4. Software Installation and Third-Party Materials
Client authorizes Company to download, install, access, use, and, where necessary to perform the Services, accept license agreements for third-party software, utilities, drivers, firmware, updates, or related materials on Client’s behalf. Company makes no independent representation or warranty with respect to any third-party software, product, or service, and all such items remain subject to the applicable third-party terms, limitations, and warranty provisions, if any.
5. Data Backup and Potential Data Loss
Client acknowledges and agrees that Client is solely responsible for backing up all data, software, information, files, and other content stored on the Equipment, including any disks, drives, cloud accounts, removable media, or other storage locations, before Services are performed, if Client desires to preserve such data. While Company may use reasonable efforts to safeguard the contents of the Equipment, Client understands and agrees that Services may result in the loss, alteration, corruption, destruction, inaccessibility, or overwriting of data, whether foreseeable or not.
CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS, ALTERATION, CORRUPTION, OR DESTRUCTION OF ANY SOFTWARE, DATA, OR FILES, OR FOR THE FAILURE OF ANY BACKUP, STORAGE DEVICE, OR RECOVERY ATTEMPT. Company does not guarantee that any data will remain safe, recoverable, or intact and accepts no liability for any loss of data stored on Company systems, internal workstations, servers, temporary storage media, or any third-party systems used in connection with the Services.
6. Confidentiality
Company agrees to use commercially reasonable efforts to maintain the confidentiality of information and data files supplied with, stored on, or recovered from Client’s Equipment, and shall not disclose such information except to employees, agents, or contractors of Company who have a need to know such information in connection with the Services and who are subject to confidentiality obligations, or as otherwise required by law.
7. Warranties
Unless otherwise expressly stated in writing by Company, labor performed by Company carries a limited warranty of thirty (30) days from the date shown on the applicable invoice or receipt. This labor warranty applies only to the same issue originally repaired by Company. If the same issue reoccurs during the applicable warranty period, Company will use commercially reasonable efforts to correct the original fault in the manner Company determines, in its sole discretion, to be appropriate.
New or used replacement parts installed by Company in connection with a repair are warranted for thirty (30) days against defects in materials or failure, unless otherwise expressly stated. Certain new parts, components, or equipment may carry a longer manufacturer’s warranty. In such cases, Client is solely responsible for contacting the manufacturer and complying with the manufacturer’s warranty procedures in order to utilize any additional warranty coverage provided by the manufacturer.
Refurbished computer systems sold by Company include a limited hardware-only warranty of one (1) year from the date of purchase covering defective hardware components and parts that fail due to manufacturing defects recognized by the applicable component manufacturer. Notwithstanding the foregoing, batteries are consumable items and are warranted for a period of thirty (30) days from the date of purchase only.
In the event warranty replacement parts are unavailable, Company may, in its discretion, provide a reasonably similar replacement component. If Company determines that a claimed warranty issue falls outside the applicable warranty terms, such work shall be treated as a non-warranty repair and additional charges may apply.
8. Warranty Exclusions
Warranty coverage does not include, and shall be void with respect to, damage or failure resulting from accident, abuse, misuse, neglect, liquid exposure, physical damage, cabinet or component breakage, power surges or spikes, electrical events, theft, flood, fire, earthquake, storm, other acts of God, war-related events, improper maintenance, inadequate servicing, unauthorized repair attempts, modification, incompatibility of parts, fair wear and tear, or software changed, modified, installed, or added by Client or any third party other than Company or its authorized representatives. Company does not warrant against failures caused by inadequate maintenance or environmental conditions.
9. Returns
All returns require presentation of the original receipt. No exceptions. Returned or exchanged items may be subject to a restocking fee of twenty percent (20%). Motherboards, memory, processors, and other similar internal components or accessories must be returned within seven (7) days of purchase to be eligible for refund or exchange, subject to inspection and Company approval.
Refurbished computer systems must be returned within fourteen (14) days of purchase and must include all original components, accessories, and items provided with the system, including, where applicable, recovery media and power adapter. No returns or refunds shall be accepted for consumable items, printer cartridges, completed Services, or items returned incomplete, damaged, altered, or without all original packaging and included materials. Returns exceeding twenty-five dollars ($25.00) shall, at Company’s discretion, be credited back to the original form of payment or refunded by Company check within fourteen (14) days.
10. Payment Terms
Unless otherwise agreed in writing, all Services and products shall be paid in full upon completion of the Services or at the time of sale, as applicable. In the event collection efforts become necessary, Client agrees to pay all costs of collection, including reasonable attorney fees and expenses, to the fullest extent permitted by Iowa law.
11. Diagnostic Fees and Service Conditions
Diagnostic fees are non-refundable regardless of whether repair is approved, completed, or successful. Any estimated completion dates or turnaround times are estimates only and are not guaranteed. Company may, in its discretion, utilize new, used, refurbished, aftermarket, or third-party components of reasonably comparable function in performing the Services or fulfilling warranty obligations.
Company does not guarantee complete removal of malware, viruses, spyware, ransomware, or other malicious software, and does not guarantee the future performance, security, compatibility, or uninterrupted operation of any Equipment after Services are performed.
12. Abandoned Equipment
If Equipment is left with Company and is not collected within thirty (30) days after Company notifies Client that the requested Services are complete, such Equipment shall be deemed abandoned to the fullest extent permitted by law. Company may thereafter, in its sole discretion, store, recycle, discard, sell, or otherwise dispose of the abandoned Equipment and any contents therein in order to recover unpaid amounts or free storage space. Client agrees to hold Company harmless from any claim, damage, or loss relating to abandoned Equipment or its disposal, and all outstanding charges shall remain the sole responsibility of Client.
13. Limited Liability and Exclusive Remedy
Company shall not be liable for any claim relating to the physical functioning of Equipment or media, the condition or existence of data, or any loss occurring before, during, or after the Services. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR DAMAGE TO PROPERTY, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT FOR THE SPECIFIC SERVICE TICKET, REPAIR, OR TRANSACTION GIVING RISE TO THE CLAIM. Client agrees that Client’s sole and exclusive remedy for any dissatisfaction, defect, or claim relating to the Services shall be, at Company’s option, re-performance of the Services, replacement of the applicable part or product, or refund of the amount paid for the specific service ticket, repair, or transaction giving rise to the claim. The parties acknowledge that the pricing of Company’s Services and products reflects this allocation of risk and limitation of liability.
14. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be construed and enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms, the Services, or any product provided by Company shall be subject to the exclusive jurisdiction of the state or federal courts located in Iowa, to the extent such jurisdiction may lawfully be conferred.