1-800-REPAIRS TERMS AND CONDITIONS
1-800-REPAIRS is NOT a franchise.
1-800-REPAIRS Call Routing System utilizes advanced call routing technology to distribute 1-800-REPAIRS telephone calls to service providers via callers selecting a service category and entering their zip code. 1-800-REPAIRS Call Routing System may limit the number of service providers for any service area and service category solely at its discretion.
By completing the 1-800-REPAIRS ONLINE FORM to obtain 1-800-REPAIRS Call Routing System the applicant hereby agrees to the following terms and conditions if approved by 1-800-REPAIRS Call Routing System.
If approved, the applicant (hereinafter referred to as 1-800-REPAIRS Location) will be notified via email or telephone call by 1-800-REPAIRS.
Whereas, 1-800-REPAIRS is a toll-free vanity telephone number 1-800-REPAIRS (1-800-737-2477); and
Whereas, 1-800-REPAIRS utilizes advanced call routing services to distribute 1-800-REPAIRS customer calls; and
Whereas, 1-800-REPAIRS is offered to individuals and businesses to include in their marketing efforts to generate customer calls; and
Whereas, 1-800-REPAIRS is not a franchise and is strictly telephone service utilized by independent contractors (hereinafter referred to as 1-800-REPAIRS Locations); and
Whereas, 1-800-REPAIRS Location operates a business that offers access to repair companies and services to the general public; and
Whereas, 1-800-REPAIRS Location desires to use the 1-800-REPAIRS telephone number; and
Therefore; for good, valuable and sufficient consideration that the parties acknowledge receiving, 1-800-REPAIRS and 1-800-REPAIRS Location agree to the terms and conditions herein:
“1-800-REPAIRS Call Routing Services ”: Means, refers and relates to the entity or entities identified as 1-800-REPAIRS, llc., it’s affiliates, their employees, agents, representatives, and attorneys.
“1-800-REPAIRS Location” is the individual that applies for (if approved) and pays for the 1-800-REPAIRS Call Routing System, which automatically connects customers calling 1-800-REPAIRS (1-800-737-2477) from their programmed zip code directly to their telephone.
SECTION 1: LICENSE TO USE THE 1-800-REPAIRS TELEPHONE NUMBER
Subject to the terms and conditions of the Agreement, 1-800-REPAIRS Call Routing System grants 1-800-REPAIRS Location a limited, non-transferable license to use the 1-800-REPAIRS Telephone Number, and to receive automatically connected telephone calls via the 1-800-REPAIRS call routing system.
1-800-REPAIRS Location fully understands that in order to maximize the benefits from the 1-800-REPAIRS Telephone Number , it must advertise the service in their assigned and exclusive zip code service area.
1-800-REPAIRS Location fully understands and hereby acknowledges that this is NOT A Franchise.
SECTION 2: RESPONSIBILITIES OF 1-800-REPAIRS Call Routing Services
SECTION 2-A: AUTOMATIC CALL ROUTING.
1-800-REPAIRS, via automatic call routing technology, will connect 1-800-REPAIRS (737-2477) telephone calls DIRECTLY the 1-800-REPAIRS Location existing telephone number, from the assigned and programmed zip code area(s)
Callers are given three options:
1. For repair parts, tools or equipment: PRESS One
2. For repair work: PRESS Two
3. For warranty work: PRESS Three
1-800-REPAIRS Location may purchase the 1-800-REPAIRS Call Routing Telephone Service to receive all calls from their zip code(s) and for categories ONE, TWO or BOTH categories for a fixed monthly fee and usage fee PER category. Example: To receive calls from Prompt Two- For Repairs, the fixed monthly rate is $ 29 Per Month. (plus the one time programming fee of $ 49 and line usage fee of .29 cents per minute)
SECTION 2-B: NON-CONNECTED CALLS
If a customer calls 1-800-REPAIRS and enters a zip code area that is not assigned to a particular 1-800-REPAIRS Location, or if the 1-800-REPAIRS Location does not answer the call within 15 SECONDS, the call is connected to the 1-800-REPAIRS Customer Call Center or are connected to voicemail. 1-800-REPAIRS MAY and solely at its discretion, transmit such customer call data to a 1-800-REPAIRS Location by OPERATOR DISPATCH, electronic mail, and/or telephone, depending on the status and priority of the Referral, as determined in the solo discretion of 1-800-REPAIRS. The 1-800-REPAIRS Location shall pay an additional fee for such additional calls. Prices for this service are also subject to change without any cause or reason.
1-800-REPAIRS Location fully understands that in order to maximize the benefits from the 1-800-REPAIRS Telephone Number & Brand, it must utilize this resource fully, and cooperate with the 1-800-REPAIRS Location in creating effective and creative advertising.
SECTION 3: USE OF 1-800-REPAIRS Location NAME
1-800-REPAIRS Location grants 1-800-REPAIRS Call Routing System, its affiliates or assigned companies to use at its sole discretion, the 1-800-REPAIRS Location’s company name, logo and/or likeness (including owner or service managers name) in any local, regional or national advertisement as produced, distributed or promoted by 1-800-REPAIRS or its assigned, without compensation to
1-800-REPAIRS Location AND ONLINE, INCLUDING 1-800-REPAIRS.COM, OR ITS AFFILIATES
SECTION 3: FEES & PAYMENT TERMS
The following are Introductory & Discounted Rates and are subject to change without notice.
1-800-REPAIRS CALL ROUTING SYSTEM FEES:
1-800-REPAIRS Ready-Line Fee: $ 29.00 Per Month
Usage Fee: $ .29 cents (per call per minute)
Initial Fee to be charged: $ 49.00 (one time programming fee - non-refundable)
Commencing on the Effective Date, and in consideration of 1-800-REPAIRS Call Routing System granting
1-800-REPAIRS Location the Exclusive Area and Service Category, under the terms and conditions herein, 1-800-REPAIRS Location shall pay 1-800-REPAIRS Call Routing System a one time programming fee of $ 49.00, $ .29per call/per minute and a fixed monthly fee $ 29 per month per zip code.
All fees are subject to discount or change at any time and at the sole discretion of 1-800-REPAIRS. All fees paid by 1-800-REPAIRS Location shall be non-refundable if 1-800-REPAIRS Location or 1-800-REPAIRS cancels this agreement for any reason.
SECTION 4: PAYMENT METHOD AND BILLING
SECTION 4-A: Payments by 1-800-REPAIRS Location to 1-800-REPAIRS shall be made by pre-authorized credit card on the 15th day and the last day of each month.
SECTION 4-B: 1-800-REPAIRS shall provide 1-800-REPAIRS Location, via Email with a monthly statement (“Statement”), on the tenth (10th) day of the month, detailing all transactions during the preceding month.
SECTION 4-C: 1-800-REPAIRS Location must notify 1-800-REPAIRS of any disputed fees via Email or fax, within 7 days of receipt of the Statement. 1-800-REPAIRS Location will issue a credit to 1-800-REPAIRS Location’s account if warranted. 1-800-REPAIRS Location hereby agrees that under no circumstances will it initiate any credit card “charge-back” process.
SECTION 5: TERM
This Agreement commences on the Effective Date and, unless otherwise terminated, has a term of ONE (1) month and shall automatically renew, unless 1-800-REPAIRS does not agree to renew for any reason whatsoever.
SECTION 6- TERMINATION
Either party may terminate the Agreement for any reason whatsoever, or for cause forthwith, including any of the following:
SECTION 6/A: written notice has been given to the other party for any reason whatsoever; or
SECTION 6/B: written notice has been given to the other party if a material breach stating a reasonable period during which such breach is to be rectified and the party given such notice has failed to either satisfactorily remedy, or commence actions to reasonably cure such material breach within the period stated; or
SECTION 6C: 1-800-REPAIRS reserves the right to terminate this Agreement on thirty (30) days’ written notice to 1-800-REPAIR Location of any default by 1-800-REPAIRS Location of the terms and conditions of this Agreement if the default is not cured within that period. Notwithstanding any other remedy it may have, 1-800-REPAIRS reserves the right to immediately suspend or discontinue client call referrals to 1-800-REPAIRS Location for any material defaults of this Agreement.
SECTION 6/C/1: there is a substantial and continuing change in the standards of 1-800-REPAIRS Location’s operations; or
SECTION 6/C/2: Non-Payment by 1-800-REPAIRS Location. ; or
SECTION 7/C/3: the other party is adjudged, bankrupt, or insolvent.
SECTION 8- Actions Upon Termination
Termination of the Agreement shall be without prejudice to the rights and obligations of the parties, which accrue prior to such termination.
On any termination of this Agreement, 1-800-REPAIRS Location shall cease all advertising of 1-800-REPAIRS immediately.
SECTION 9: INDEMNIFICATION
1-800-REPAIRS Location expressly agrees to at all times indemnify, and hold harmless 1-800-REPAIRS, 1-800-REPAIRS Call Routing System, its assigned entities, its DBA’s, its agents, representatives, and applicable Customers, employees, officers directors; and the affiliates of 1-800-REPAIRS, their employees, their officers and directors, from any liabilities or claims, made by any third party, directly or indirectly relating to this Agreement and any subsequent addendums thereof. 1-800-REPAIRS Location further agrees to defend, at its own expense, 1-800-REPAIRS and related parties thereof from litigation directly or indirectly related to this Agreement and any subsequent addendums thereof. This shall include all attorney’s fees, and all other consequential damages resulting from such claims or liens. 1-800-REPAIRS Location agrees that 1-800-REPAIRS Location will pay and satisfy any lien, settlement, or judgment as may be established by the decision of the Court in such a suit.
1-800-REPAIRS Location also agrees to promptly assume the tender of defense of 1-800-REPAIRS Call Routing System, and its affiliates upon written notice.
Further, in the event a suit is brought, in which the Referred Customer is also named as a defendant, 1-800-REPAIRS Location shall defend, at 1-800-REPAIRS Location’s own cost and expense, 1-800-REPAIRS, its affiliates and the Referral Customer. 1-800-REPAIRS Location agrees that 1-800-REPAIRS Location will pay and satisfy any lien, settlement, or judgment as
may be established by the decision of the Court in such a suit. 1-800-REPAIRS Location also agrees to promptly assume the tender of defense of 1-800-REPAIRS, its affiliates, and the Referral Customer upon written notice.
The 1-800-REPAIRS Location will indemnify, defend at its own expense, and hold 1-800-REPAIRS, its agents, representatives, and applicable Customers, its employees, officers, directors; and the affiliates of 1-800-REPAIRS, their employees, their officers and directors, harmless from and against all actual or threatened claims by any third party, arising out of or related to (i) any breach of these terms by the 1-800-REPAIRS Location; and/or (ii) any breach of any obligation the 1-800-REPAIRS Location has to a third party.
SECTION 10: LIMITATIONS:
(A) NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF 1-800-REPAIRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; and (B) IN NO EVENT WILL 1-800-REPAIRS BE LIABLE IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEEDING ONE HUNDRED DOLLARS ($100).
This Agreement and its attachments constitute the entire Agreement between the parties. It supersedes all prior negotiations, representations, agreements, and understandings. No agreement changing or supplementing this Agreement may be made except by written documents signed by duly authorized representatives of both parties to this Agreement. The 1-800-REPAIRS Location authorizes 1-800-REPAIRS to disclose its name as part of the 1-800-REPAIRS Service Provider Network. Any marketing materials developed that include information other than a mention of the 1-800-REPAIRS Location’s name will require prior authorization by the 1-800-REPAIRS Location.
The Agreement and any matter relating to or arising under it are governed by the laws of the State of Louisiana, United States of America, without regard to its conflict of laws principles, regardless of the location of the origination of the matter in dispute, or any choice of law issues that might potentially exist. The exclusive forum for any action relating to this Agreement is in those state or federal courts having jurisdiction over New Orleans, Louisiana, United States of America. Each party waives any defense that it may have that any such court lacks jurisdiction over it or is an inconvenient or improper forum. 1-800-REPAIRS Location may not assign this Agreement without 1-800-REPAIRS prior written consent, which shall not be unreasonably withheld. Any attempt to do so shall be null and void. Any transfer of more than forty-nine (49%) per cent of the ownership of the 1-800-REPAIRS Location shall be deemed a prohibited assignment. 1-800-REPAIRS may assign this Agreement. This Agreement shall be binding upon the heirs, successors, personal representatives, or assigns of each party.
The parties acknowledge that each and every portion of this Agreement is severable. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so comfortable, so as to not affect the validity or enforceability of the remaining valid portions of this Agreement.
Neither party shall be liable for any failure to perform caused by reasons beyond its reasonable control, including but not limited to acts of God; acts of war, terrorism or civil unrest; fire, flood, earthquakes or other catastrophes, communications or equipment failures, governmental orders, or strikes or other labor difficulties.
Failure of 1-800-REPAIRS to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
Any notice required by this Agreement shall be given by prepaid, first class, certified mail return receipt requested, addressed in the case of 1-800-REPAIRS to: 1-800-REPAIRS, VIA ELECTRONICALLY PDF,
Disruption of 1-800-REPAIRS Service
1-800-REPAIRS shall not be responsible for delay, disruption or lack of 1-800-REPAIRS service as a result of 1-800-REPAIRS third party telephone carrier’s or internet service provider’s failure due to carriers/service providers switching, routing, equipment or for failure due to natural causes or any other causes whatsoever. In any such event, 1-800-REPAIRS Call Routing System will use its best efforts to restore services.
1-800-REPAIRS Location is an Independent Contractor
For all purposes outlined in this Agreement, 1-800-REPAIRS Location is an “independent contractor” and NOT an employee of 1-800-REPAIRS Location. 1-800-REPAIRS Location agrees that 1-800-REPAIRS Location is solely and wholly responsible for payment of all wages, taxes, employee benefits, workers’ compensation insurance premiums and any other costs or expenses related to employment of individuals by 1-800-REPAIRS Location to perform services for 1-800-REPAIRS Referral Customers. This Agreement in no manner creates an employment relationship between 1-800-REPAIRS Location and any individual employed by 1-800-REPAIRS Location.
1-800-REPAIRS Locations are not approved without expressed written consent of 1-800-REPAIRS. This Agreement is valid only if approved by 1-800-REPAIRS. If approved, you will be notified via email.