Terms & Conditions

1. Repair Services

1.1. These are the terms & conditions on which FixMyBrokenMac will supply repair services to you.

1.2. If you are a consumer, you may only purchase repair services from FixMyBrokenMac if you are at least 18 years old.

1.2.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to purchase a Repair Service from FixMyBrokenMac

1.3. Where you wish to place an order for repair services through our website:-

1.3.1. Our online booking form will guide you through the steps you need to take to place an order for repair services. The FixMyBrokenMac order process allows you to check and amend any errors before submitting your order to FixMyBrokenMac. Please take the time to read and check your order before you submit it to FixMyBrokenMac

1.3.2.After you place an order, your order will be deemed to have been accepted when FixMyBrokenMac issues an order confirmation at which point a contract comes into existence between us and these terms will become binding on you & FixMyBrokenMac.

1.4. If you wish to place an order with FixMyBrokenMac by telephone, email or in person, you agree that your order constitutes an offer by you to purchase the Repair Services in accordance with these terms. FixMyBrokenMac acceptance of your order will take place when FixMyBrokenMac issues an order confirmation at which point a contract comes into existence between us and these terms will become binding on you & FixMyBrokenMac

1.5. Any quotation given by FixMyBrokenMac shall not constitute an offer by FixMyBrokenMac to provide Repair Services.

1.6. If you are not a consumer, you agree that these Terms apply to the contract between you and FixMyBrokenMac to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2. Repair Conditions

2.1. By placing an order, you:

2.1.1. Authorise and consent to FixMyBrokenMac to perform the Repair Services on your device(s);

2.1.2.Acknowledge that whilst FixMyBrokenMac engineers are trained repair specialists, FixMyBrokenMac is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer.

2.1.3. Agree to release, indemnify, and hold FixMyBrokenMac and its technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by FixMyBrokenMac negligence.

2.1.4. Agree that any data or information that you may have stored on your device(s) shall remain your sole responsibility and FixMyBrokenMac accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused and FixMyBrokenMac therefore highly recommends that you back up your device(s) prior to allowing FixMyBrokenMac to work on your device(s).

2.1.5.Agree that you are responsible for removing any SIM and/or memory cards and/or attached peripherals on your device(s) and FixMyBrokenMac shall not, in any event, be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure.

2.1.6.Acknowledge that any Repair Services rendered by FixMyBrokenMac may void manufacturer warranties for your device(s), and that FixMyBrokenMac does not assume any liability or warranty if the manufacturer warranties are voided. If you do not

wish to void your warranty, you should not place on order with FixMyBrokenMac and take your device(s) to the relevant manufacturer.

2.1.7. Agree that it is your responsibility to inform FixMyBrokenMac accurately with regard to the model description and condition of your device(s), as well as whether any modifications or repairs have previously been attempted or completed on your device(s). FixMyBrokenMac will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which FixMyBrokenMac will advise you of before proceeding.

2.1.8.Where the Repair Services involve the repair of waterproof devices, FixMyBrokenMac cannot guarantee the device(s) will remain waterproof following completion of the Repair Services.

2.1.9. Where any part of the Repair Services include liquid damage repairs it is agreed that whilst FixMyBrokenMac will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, FixMyBrokenMac shall have no liability for failing to repair any liquid damaged device.

2.1.10. Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that FixMyBrokenMac understands and may replicate the issue

3. Diagnosis Services

3.1. All repair orders are processed through the diagnosis service. FixMyBrokenMac will inspect your device(s) & diagnose the fault with your device(s). This service costs £30 and is payable in advance.

3.2. If FixMyBrokenMac inspects your device(s) & determines that

3.2.1. Your device(s) does not require any repair service,

3.2.2.Your device(s) requires a repair service that you decline,

3.3. The diagnosis service fee is still applicable.

3.4. If you wish to proceed with the repair of such device(s) advised by the FixMyBrokenMac a new contract will come into existence between you & FixMyBrokenMac on the basis of these Terms provided that FixMyBrokenMac agrees to deduct the diagnosis fee paid by you from the cost from the Repair services

3.5. Where FixMyBrokenMac considers that the device(s) is/are not repairable, the fee for the diagnostic service remains payable to FixMyBrokenMac for carrying out the diagnostic services.

4. Data

4.1. FixMyBrokenMac understands that your data may be valuable to you. Data loss during service is always a possibility, and in some cases, data may be unrecoverable, erased, or reformatted during service.

4.2. For this reason, it is your sole responsibility to back up all existing data, software, and/or programs from your device(s), and to decide whether to erase any such data from your device(s), prior to receiving service.

4.3. FixMyBrokenMac is not responsible for loss, recovery, or compromise of data, software or programs, or loss of use of your device(s) or other equipment arising out of the services provided by FixMyBrokenMac. You represent that your device(s) does not contain any illegal files or data.

4.4. You acknowledge that your device may be sent out by common carrier to be serviced by an external service provider. For this reason, it’s recommended that you back up your device and wipe it, prior to submission for service.

4.5. As part of service, FixMyBrokenMac may install system software updates that will prevent your FixMyBrokenMac device(s) from reverting to an earlier version of the system software. Third party applications installed on your device(s) may not be compatible or work with your FixMyBrokenMac device(s) as a result of the system software update.

4.6. If your device(s) is capable of storing software programs, data or other information (“Data”), FixMyBrokenMac may attempt to transfer said Data to a replacement device.

4.7. During service, it is possible that Data may be lost. In such an event, FixMyBrokenMac will not be responsible for any loss of Data.

4.8. As part of any Data transfer service, whether or not FixMyBrokenMac is able to successfully transfer Data from the original device to the replacement device, FixMyBrokenMac will delete any Data on the original device. You should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that you want to protect and disable all security passwords.

4.9. During service, it is possible that the Data will be lost, replaced or reformatted. In such an event FixMyBrokenMac and its agents are not responsible for any loss of software programs, Data or other information contained on the device.

4.10. Data transfer service will involve the transfer of Data directly from the original device to the replacement device or to a compatible external data storage device you provide. FixMyBrokenMac will not transfer the Data to any FixMyBrokenMac owned or 3rd party owned data

storage system or device and will not store a copy of the Data as part of any Data transfer service.

5. Repair & Warranty Terms

5.1. FixMyBrokenMac will service your FixMyBrokenMac device(s) as described to you for the estimated charges stated unless such charges are revised with your prior oral or written consent. Unless otherwise stated, FixMyBrokenMac will provide repair or replacement services to address a defect in the materials or workmanship of a device(s). Service is not available for issues caused by the failure of or incompatibilities with any software or data residing or recorded on your device(s).

5.2. FixMyBrokenMac may use parts or device(s) that are new or equivalent to new in reliability and performance. FixMyBrokenMac will retain the replaced part or device(s) that is exchanged as its property, and the replacement part will become your property. FixMyBrokenMac may repair, exchange or sell the replaced part if it chooses to do so.

5.3. FixMyBrokenMac warrants that;

5.3.1.The service will be performed with all reasonable skill and care and

5.3.2.That, for a period of ninety (90) days from the date of service, all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by FixMyBrokenMac.

5.3.3.In the event of a breach of the warranty, FixMyBrokenMac will either;

5.3.3.1.Re-perform the service,

5.3.3.2.Repair or replace the part, or

5.3.3.3.Refund the cost of the service provided.

5.3.4.In order to claim under the warranty, you must return your product to the store where you left your product for service.

5.4. You must claim your product and pay all charges due within sixty (60) days after being notified by FixMyBrokenMac that your product has been serviced. If you do not, FixMyBrokenMac may notify you that it considers your product abandoned and that, if you do not collect it and pay any outstanding charges within a further three 90 days, FixMyBrokenMac will dispose of it in accordance with applicable law.

5.5. Non-Transferable warranty. The warranty is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices are sold or given to another person.

5.6. This warranty does not apply to diagnostic services.

5.7. If subsequent work is carried out as part of the warranty this does not extend the warranty. For example, if a warranty repair was done forty (40) days after the original repair the warranty would still end ninety (90) after the date of the original repair.

5.8. The warranty does not protect against any of the following relating any relevant device which is the subject of the Repair Services:

5.1. Any mishandling that causes subsequent damage to the relevant device(s);

5.2. Damage or faults resulting from an attempted customer or third party repairs at any time;

5.3. Software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;

5.4. Waterproof devices, as FixMyBrokenMac cannot guarantee the device(s) will remain waterproof following the Repair Services;

5.5. New damages unrelated to the original Repair Services; and/or

5.6. Any loss of data occurring as a result of the repair – customers are advised to back up all data on the device(s) to be repaired prior to the repair. FixMyBrokenMac does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and FixMyBrokenMac is not required to advise or remind customers of appropriate backup and other procedures.

6. Service Level Agreement & Shipping Terms

6.1. SLA.

6.1.1. Whilst FixMyBrokenMac aims to perform the Repair Services within the timeframe specified to you, the Repair Services may be subject to Events Outside Our Control, which may include waiting for new spare parts to be ordered and arrive with FixMyBrokenMac. In any event, all times for performance of the Repair Services are approximate only, and FixMyBrokenMac will not be liable for any compensation as a result of late delivery of the Repair Services.

6.2. Collection of your device(s). The following provisions apply in relation to sending your device(s) to FixMyBrokenMac.

6.2.1.Please remove any SIM and/or memory cards and/or attached peripherals all sim and memory cards from your device(s) before sending your device(s) to FixMyBrokenMac for repair; &

6.2.2.The careful packaging of your device(s) to FixMyBrokenMac is your responsibility. When sending your device(s) if you choose to include separate parts you are sending these at your own risk and FixMyBrokenMac will not be held responsible if these parts go missing before your package is delivered to FixMyBrokenMac. Please ensure the parts are well- sealed and wrapped so nothing goes missing.

6.3. Delivery to you of your device(s) The following provisions apply in relation to returning your device(s) from FixMyBrokenMac.

6.3.1.Any device(s) shipped to you must be examined by you upon receipt. If your device(s) is/are delivered damaged, un-repaired or with further faults, you must inform FixMyBrokenMac in writing within 3 days of receipt. If you do not inform FixMyBrokenMac within 3 days of receipt, FixMyBrokenMac shall have no liability if your device(s) is/ are damaged/faulty on arrival. This does not affect your statutory rights or any other rights under these Terms.

6.3.2.All devices are returned by tracked next day courier but this excludes Saturday and Sunday delivery.

7. Payment Terms

7.1. FixMyBrokenMac endeavours to offer you competitive prices on current FixMyBrokenMac products and services. Your total order price will include the price of the product or service on the day of order processing. FixMyBrokenMac reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.

7.2. The price quoted to you for the Repair Services in respect of each device is an indicative non-binding quote issued by FixMyBrokenMac based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device.

7.3. FixMyBrokenMac will check your device(s). If there is any change to the indicative price quoted to you for any applicable device (for example, because the information you have provided to FixMyBrokenMac about the defect/fault in your device(s) is incorrect; and/or if FixMyBrokenMac identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but FixMyBrokenMac discovers that the actual repair required is a different repair (for example a new screen); and/or FixMyBrokenMac made a mistake in its pricing), FixMyBrokenMac will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, FixMyBrokenMac shall not perform the Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to FixMyBrokenMac relating to the Repair Services (less the postage costs of returning the device(s) to you)

7.4. If you are a consumer, all of the FixMyBrokenMac prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services.

7.5. Payment Methods. FixMyBrokenMac allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or check card when applicable and acceptable in the Country where the service is provided (or some other prearranged payment method unless FixMyBrokenMac has agreed to some other credit terms. When you provide FixMyBrokenMac with your card information, FixMyBrokenMac will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. FixMyBrokenMac will not bill your credit card or process a transaction under your debit or check card until your order is processed. FixMyBrokenMac may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. FixMyBrokenMac requires the credit, debit, or check card security code for your card to protect against the unauthorised use of your credit card by other persons. The security code is an individual three or four-digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.

7.6. The price of the product (which includes VAT and/or IPT) will be the price indicated on the invoice/estimate pages when you placed your order. We take all reasonable care to ensure that the price of the product/service advised to you is correct. However

7.7. FixMyBrokenMac is not responsible for typographical errors. FixMyBrokenMac reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order

7.8. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

7.9. We accept payment with;

7.9.1.Cash

7.9.2.BACS

7.9.3.Visa, MasterCard and debit cards

7.9.4.In certain circumstances, third party payment gateways such as PayPal, Apple Pay, Finance.

7.10. You must pay for the products before we dispatch them. We will not charge you until we dispatch the products to you.

7.11. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

8. Limitation of Liability

8.1. If you are a consumer, you may have certain additional rights with regard to services and products provided under this agreement. please refer to your local consumer authority for more information about your rights. if not covered by these rights, FixMyBrokenMac does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost, corrupted, or compromised data or software, or the provision of services. except as expressly provided herein, FixMyBrokenMac will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. you agree that for any liability related to the purchase of the product, FixMyBrokenMac is not liable or responsible for any amount of damages above the amount of your order. in consumer cases, the liability for;

8.1.1. Personal death and injury &

8.1.2.Fraud may be wider than negligence caused loss and in such cases, FixMyBrokenMac does not seek to exclude this liability.

8.2. FixMyBrokenMac shall not be liable for any non-warranty related claim arising under this contract unless you give FixMyBrokenMac written notice of such claim within ninety (90) days of becoming aware of the circumstances giving rise to such claim or, if earlier, ninety (90) days from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.

9. Force Majeure, Events Outside Our Control. Other important terms

9.1. This Agreement governs service transactions accepted by FixMyBrokenMac. No other oral or written terms or conditions apply. FixMyBrokenMac does not authorise any variance or modification of this Agreement. FixMyBrokenMac is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside FixMyBrokenMac’ reasonable control.

9.2. No FixMyBrokenMac employee or agent has the authority to vary any of the terms and conditions governing any transaction.

9.3. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.

9.4. FixMyBrokenMac will not be liable or responsible for any failure to perform or delay in performance of, any of FixMyBrokenMac obligations under these Terms that is caused by an Event Outside Our Control.

9.5. If an Event Outside Our Control takes place that affects the performance of FixMyBrokenMac obligations under these Terms:

9.5.1.FixMyBrokenMac will contact you as soon as reasonably possible to notify you; &

9.5.2.FixMyBrokenMac obligations under these Terms will be suspended and the time for performance of FixMyBrokenMac obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects FixMyBrokenMac’ performance of Repair Services to you, FixMyBrokenMac will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.

10. Other important terms

10.1. Abandoned Property.

10.1.1.Any devices that are not collected from us after ninety (90 days) will be classified as Abandoned

10.1.2.In the event that your product is abandoned, FixMyBrokenMac may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell

your product at a private or public sale to pay for any outstanding service performed.

10.1.3.FixMyBrokenMac reserves it’s statutory and any other lawful liens for unpaid charges.

10.2. Product/Service Changes.

10.2.1.FixMyBrokenMac may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and FixMyBrokenMac makes no commitment to update the information provided online with respect to such products and services.

10.3. End Users Only FixMyBrokenMac services, sells and ships products to end-user customers only. You may not purchase for resale. FixMyBrokenMac reserves the right to refuse or cancel your order if FixMyBrokenMac suspects you are purchasing for resale.

11. Data Protection

11.1. You agree and understand that it is necessary for FixMyBrokenMac to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. FixMyBrokenMac will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your FixMyBrokenMac product and for quality and service-related purposes. FixMyBrokenMac will not use your information for direct marketing purposes without obtaining your consent. If you wish to have access to the information that FixMyBrokenMac holds concerning you or if you want to make changes, you can contact us on the details below.

11.2. You agree and understand that it is necessary for FixMyBrokenMac to collect, process and use your personal information in order to perform service under these T&Cs. FixMyBrokenMac will protect your information in accordance with our Privacy Policy.

12. Information about FixMyBrokenMac & How to Contact Us.

We are a company registered in England and Wales.

Our company registration number is 10162071 and our registered office is at T1 T2 T3 The Gallery, Gibb Street, Birmingham, West Midlands, B9 4AA. If you have any questions or if you have any complaints, please contact FixMyBrokenMac. You can contact FixMyBrokenMac by telephoning FixMyBrokenMac customer service team at 0121 318 9555 or by e-mailing FixMyBrokenMac at repairs@FixMyBrokenMac.co.uk. If you wish to contact FixMyBrokenMac in writing, or if any clause in these Terms requires you to give FixMyBrokenMac notice in writing (for example, to cancel the contract for services which FixMyBrokenMac has started to provide), you can send this to FixMyBrokenMac by e-mail, by hand, or by pre-paid post to FixMyBrokenMac T1 T2 T3 The Gallery, Gibb Street, Birmingham, West Midlands, B9 4AA, or by e-mail at repairs@FixMyBrokenMac.co.uk FixMyBrokenMac will confirm receipt of this by contacting you in writing. If FixMyBrokenMac has to contact you or give you notice in writing, FixMyBrokenMac will do so by e-mail, by hand, or by pre-paid post to the address you provide to FixMyBrokenMac in the order.

Your use of our site is governed by our website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

FixMyBrokenMac will use the personal information you provide to FixMyBrokenMac to:

1. Provide the Repair Services;

2. Process your payment where you are required to pay FixMyBrokenMac; &

3. Inform you about similar products or services that FixMyBrokenMac provides, but you may stop receiving these at any time by contacting FixMyBrokenMac.

4. FixMyBrokenMac will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.