Customer Service Agreement

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  Levious Repair Customer Services Agreement

  Thank you for using Levious Services. In this Agreement ("Agreement"), "you" and "your" mean the "Customer" of the Levious services defined below, and "Levious," "we," "our," and "us" mean Levious Repair and any Levious Repair affiliate authorized to provide you with our services. BY ENROLLING IN, USING, OR APPLYING FOR THESE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT AND THE PRICES AND CHARGES AS LISTED ON THE Levious WEBSITE. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING LEVIOUS AT THE CUSTOMER SERVICE NUMBER LISTED ON YOUR BILL. THIS CUSTOMER SERVICES AGREEMENT DOES NOT CHANGE OR AMEND ANY INDIVIDUAL OR COMPANY CONTRACT THAT ARE INDIVIDUALLY NEGOTIATED WITH LEVIOUS. THIS AGREEMENT REPLACES ONLY THE DOMESTIC INTERSTATE AND INTERNATIONAL TARIFFS ON FILE WITH THE FCC.

  The Services covered in this Agreement are subject to billing availability and may not be available at all locations.

  The "Levious Customer Services Agreement" posted on the Levious website, contains the specific prices and charges, service descriptions, and other terms and conditions not set forth here that apply to each of your Services.

  THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN THE LEVIOUS CUSTOMER SERVICES AGREEMENT POSTED ON THE LEVIOUS WEBSITE.

  I. CHARGES AND PAYMENT.

  A. General. You agree to pay us for the Services at the prices and charges listed in this Levious website. The prices and charges for any particular call may depend on a number of factors that include, for example, the duration of a Repair, whether the Repair is domestic or international, and the type of service provided. Service types include, for example, Computer from home or business, Cell Phone Repair, and Electronics Repair for all customers. The prices and charges for the Services may also include, for example, Parts fees and late payment charge.

  B. Price changes. We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice.

   

  We will provide notices of increases to the prices and charges by bill message or other notice and/or by posting the price changes on this Levious Repair website.

  C. Payments. You must pay all bills or invoices on time (on or before the due date) and in U.S. money. We do not waive our right to collect the full amount due if you pay late or

  D. Failure to Pay.                                                                         

  If you fail to pay after 15 days your unit will be sold to cover all service costs

  E. Taxes and Other Charges. You must pay all taxes, fees, surcharges, and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Taxes and surcharges will be in the amounts that federal, state, and local authorities require us to bill you. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law.

  IV. LIABILITY

  Levious shall not be responsible for any claim, injury, and debt that you may incur due to your use of our Services.

  A. The Company will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties; preemption of existing services to restore service in compliance with the FCC's Rules and Regulations; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of the

  C. The Company will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in the Company offerings made to you, or for damages associated with Service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with the Company services.

  THE PROVISIONS ABOVE WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

  V. LIMITATIONS OF LIABILITY.

  THIS SECTION DESCRIBES THE FULL EXTENT OF OUR RESPONSIBILITY FOR ANY CLAIMS YOU MAKE FOR DAMAGES CAUSED BY THE FAILURE OF THE SERVICES, OR ANY OTHER CLAIMS IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT.

  IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGE TO THE PERSON OR PROPERTY. FOR ANY OTHER CLAIM, WE WILL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS, WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. WE ALSO WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE OR SPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

  WE WILL NOT BE LIABLE FOR ANY DAMAGES IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

  VI. WARRANTIES.

  EXCEPT AS THIS AGREEMENT STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO LEVIOUS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

  VIII. DISPUTE RESOLUTION

  IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.

  A. If you have a dispute regarding your service or bill, please first email our Customer Service at the Customer Service sales@levious.com.

  B. If you do not notify the Company in writing of a dispute with respect to the Company's charges, or application of Taxes, within 7 days from the date of the disputed invoice, such invoice will be deemed to be correct and binding on you.

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  B. Privacy Policy

  It is the Company's policy not to sell or rent its personally-identifiable customer information to unaffiliated companies or organizations. In the future, should the Company decide to sell or rent such information to those entities, it will provide notification and the opportunity for its customers to indicate that they would prefer the Company not sell or rent such information about them to such third parties. Such notice may be provided by amending the Agreement or any other comparably effective means.

  X. MISCELLANEOUS

  A. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

  B. Acts Beyond Our Control. Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, cable cuts by third parties, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.

  C. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you.

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