iTech Cellular Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of iTech Cellular, Inc. (Owner of itechcellular.com/iTech Ceullar and itechparts.com/iTech Parts.) Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with iTech Cellular. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by iTech Cellular. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

WARRANTY DISCLAIMER

To the fullest extent permissible pursuant to applicable law, iTech Cellular disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. iTech Cellular does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. iTech Cellular does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

iTech Cellular shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if iTech Cellular has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL & WEBSITE ERRORS

In the event that an iTech Cellular product is mistakenly listed at an incorrect price, iTech Cellular reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. iTech Cellular reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, iTech Cellular shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by iTech Cellular without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

iTech Cellular may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to iTech Cellular.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of NEW JERSEY, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of iTech Cellular services or products) shall be in the state or federal courts located in NEW JERSEY, U.S.A. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of iTech Cellular services or products) must be commenced within one (1) year after the claim or cause of action arises. iTech Cellular’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. iTech Cellular may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an iTech Cellular or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

iTech Cellular does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, iTech Cellular is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, iTech Cellular reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to iTech Cellular in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless iTech Cellular, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, iTech Cellular may link to sites operated by third parties. However, even if the third party is affiliated with iTech Cellular, iTech Cellular has no control over these linked sites, all of which have separate privacy and data collection practices, independent of iTech Cellular. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, iTech Cellular seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

PRIVACY POLICY

iTech Cellular is very concerned about your personal privacy and the security of personal information that may be submitted by you as part of your visit to this website. Any information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented. Your information will not be sold or given to any third parties. Private information may be released in the situation it is subpoenaed or formally requested by a government agency or attorney for legal action or discovery for pursuit of legal action.

BROWSER COOKIES

Cookies are files that your Web browser places on your computer’s hard drive. iTech Cellular may use cookies to assign a unique identifier to your computer to enhance your experience on our website. iTech Cellular does not and cannot use cookies to retrieve personal information about you from your computer unless such information was knowingly and willingly provided by you.

PURCHASES

Purchases made on itechcellular.com may require specific, additional information to complete the transaction. Such information may include a credit card number and billing information or any other information required to complete the purchase. Periodic payments, such as monthly or yearly payments, will access this information for the specified period in order to complete the automated transaction if enabled by the account holder. All credit card information is not electronically stored at our location.

SERVICE AGREEMENT

In this Service Agreement (“SA”), the terms “We,” “Us,” and “Our” individually and collectively refer to iTech Cellular, Inc. owner/operator of iTech Cellular and iTech Parts. The terms “You” and “Your” refer to the purchaser of this SA. “Covered Product” means the eligible device owned by You and actively registered with Us.

This Service Agreement has been issued this xx day of xxxx, 20xx to:

Name:

Address:

Address 2:

Plan:

Term:

Device Model:

Device Serial Number:

Account Number:

SECTION 1: SERVICES PROVIDED

Hardware Support

Subject to the terms and conditions of this SA, if the Covered Product(s) under this SA fails to operate properly due to defects in materials or workmanship, mechanical or electrical failure, battery failure (meaning the capacity of the Covered Product’s battery to hold an electrical charge has depleted fifty percent (50%) or more from its original specification), or normal wear and tear, We will repair the Covered Product. In the event the Covered Product is determined to be damaged beyond repair by Us, We will replace the device under the guidelines of Section 3 and You will be subject to the replacement cost outlined in Section 4. b. Accidental Damage Support Subject to the terms and conditions of this SA, if the Covered Product(s) under this SA fails to operate properly due to Accidental Damage and Handling, We will repair the Covered Product. In the event the Covered Product is determined to be damaged beyond repair by Us, We will replace the device under the guidelines of Section 3 and You will be subject to the replacement cost outlined in Section 4.

Accidental Damage

Accidental Damage and Handling is defined as a non-purposeful act that causes damage to Your Covered Product that hinders the Covered Product from performing as intended by the manufacturer. Accidental Damage and Handling support includes repairs such as cracked LCD and digitizer screens, liquid damage from any liquid including full submersion, button damage, damage resulting from dropped devices, fire, flood, lightning, and other acts of nature. This list of Accidental Damage and Handling Coverage is for example purpose and is not meant to be a full list. If the Covered Product is damaged and the cause is described in the Accidental Damage and Handling definition, it is considered Accidental Damage and Handling.

Loss and Theft

Subject to the terms and conditions of this SA, if the Covered Product is lost or stolen, We will replace the device under the guidelines of Section 3 provided that the Covered Product is at or under 2 years of coverage from the start of the coverage period and has not exceeded 2 claims. You will be subject to the replacement cost outlined in Section 4. Mysterious disappearance is not covered under this SA. Mysterious disappearance is defined as loss of property that cannot be identified. All loss and theft reports will require a signed statement from the person making the report. We reserve the right to request a police report and/or any other documentation that We consider pertinent to your incident. If you subscribed to a service plan that does not include loss or theft, this SA will not cover Your device.

Number of Support Incidents

This SA does not limit (i) the number of support incidents you can make during a covered period, (ii) the number of support incidents you can make on a specific device during a covered period, nor (iii) the total number of support incidents on any specific device to a specific dollar amount during a covered period.

Report an Incident

To report a service incident as described above, You must make an appointment to report a support incident in person at  iTech Cellular Madison Avenue, Dumont, NJ 07628 or iTech Cellular 51 Franklin Avenue, Ridgewood, NJ 07450 within 10 days of the date your Covered Product fails to operate. For easier scheduling, go to http://www.itechcellular.com/claims to schedule an appointment.

SECTION 2: ELIGIBILITY

Devices previously purchased and used as well as new devices are eligible to be serviced under this SA.

SECTION 3: REPLACEMENT PRODUCTS

In the event your Covered Product has to be replaced and the identical product is no longer available or not available at that time, We will replace it with a product of comparable functionality. Covered Products requiring replacement due to Theft or Loss are subject to a maximum of 2 claims during a coverage period of up to 2 years from the start of the coverage date. Once the product becomes available, We will replace the substituted product with the original product and You will be subject to the replacement cost outlined in Section 4. In all cases, We will determine product comparability including functionality at Our sole discretion. The substituted Product will be the same brand and model line as the Covered Product (e.g., an Apple iPad will be substituted for another model Apple iPad if your Covered Model is Unavailable). Technological advances and product availability may result in a replacement product with a lower selling price than the original product. A replacement product may be either new or refurbished, at Our option.

SECTION 4: PRICING

a) Please refer to the plan You chose during enrollment or the Quote that you received. b) Term: The term of this SA varies based on the Plan You chose during enrollment. c) Service Fees: Repair Fees vary based on the plan that You chose during enrollment. If You have any questions regarding Your fees, please contact US at 201-387-0100 or 201-857-0920. d) Replacement Fees: Replacement Fees vary based on the model of your device. The most up to date Replacement Fees can be obtained by calling 201-387-0100 or 201-857-0920.

SECTION 5: PREVENTATIVE MAINTENANCE

You have no obligation under this SA to perform preventative maintenance on the Covered Product.

SECTION 6: LIMITATIONS OF SUPPORT

This SA and your Protection Plan does not cover the following:

1. Cosmetic damage that does not affect functionality of the Device, as determined by Us;

2. Pre-existing conditions;

3. Depreciation or obsolescence;

4. Rust, corrosion, mold, or dust, sand, dirt or damage from exposure to environmental conditions, insect infestation;

5. Mechanical or Electrical Breakdown that occurs during the manufacturer’s warranty or breach of express or implied warranties of merchantability or fitness for a particular purpose from the manufacturer; failure to follow manufacturer’s maintenance recommendations; loss to items subject to manufacturer’s recall; error or omission in design or system configuration, faulty construction or any original defect in the covered Device;

6. Service, maintenance, repair, or replacement necessitated by any loss or damage resulting from any cause other than normal usage in accordance with manufacturer specifications such as, but not limited to, intentional damage caused by You or anyone entrusted with the Device; intentional and/or dishonest acts by You, or anyone else with an interest in the Device, or anyone entrusted with the Device; voluntary parting with the Device by You or anyone entrusted with the Device if induced to do so by any fraudulent scheme, trick, false pretense;

7. Misuse, abuse, neglect, or services (or damages caused) by non-authorized repair personnel;

8. Illegal trade or confiscation by any governmental authority;

9. War, including: undeclared or civil war; insurrection, rebellion, revolution; warlike act of a military force, including action in hindering or defending against an actual or expected attack, by government, sovereign or other authority using military personnel or other agents; terrorism; discharge of a nuclear weapon even if accidental; nuclear hazard, reaction or radiation, or radioactive contamination, however caused;

10. Acts of God;

11. Theft and mysterious disappearance;

12. Any expansion of the channel or frequency range capabilities of Your Device, cable television adjustments, hookups, or audio-video system installation; preventative maintenance; loss or corruption of data, damage due to computer viruses, and/or the restoration of software and operating systems Your Device; radio frequency interference due to improper installation or close proximity to other electronic equipment;

13. Initial installation or hookup of Your Device; removal and reinstallation, except as determined by Us.

SECTION 7: TERM AND RENEWAL

This SA will take effect immediately upon receiving this SA. No party is obligated to renew this SA. Prices, conditions, and limitations of this SA may change upon renewal and We will advise You of any changes 30 days prior to SA renewal. By purchasing this SA, You agree that You may be called or sent written information regarding renewals.

SECTION 8: TRANSFERABILITY

This SA is transferable to another device as long as one device is removed while the other device is added to the same account. Replacement products will be automatically added in place of the original Covered Product. The Replacement Device must be brought to store to be inspected and added to the policy to replace the previous device. The Replacement Device to be added to the policy must be in full working condition with no physical damage.

SECTION 9: TERMINATION AND REFUNDS

You or Us may terminate this SA at any time for any reason with 30 days’ notice by contacting Us in writing at: iTech Cellular, Inc. C/O: Policy Cancellation Department, 36 W. Madison Avenue, Dumont, NJ 07628

If You or We terminate this contract within 30 days of the date purchased and no coverage has been provided as set forth in Section 1, You will receive a full refund of the SA purchase price. If coverage was provided within 30 days of the date purchased, You will receive a refund less the retail value of any replacement or repair services received. If this SA is terminated after 30 days of the date purchased and no coverage has been provided as set forth in Section 1, We will refund the purchase price allocable to the remainder of the term of this SA, prorated on a monthly basis. If this SA is terminated after 30 days of the date purchased and coverage has been provided as set forth in Section 1, You will not be eligible to receive a refund.

SECTION 10: LIMITATION OF LIABILITY

NEITHER iTECH CELLULAR, INC. OR ANY OF ITS AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR CONTRACTORS AND LICENSEES ARE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME OR DATA, LOSS OF USE OF A COVERED PRODUCT, OR ANY OTHER DAMAGES RESULTING FROM BREAKDOWN OR FAILURE OF A COVERED PRODUCT, OR FROM DELAYS IN REPLACEMENT OR REPAIR OF A COVERED PRODUCT.

SECTION 11: ADMINISTRATOR

iTech Cellular, Inc., 36 W. Madison Avenue, Dumont, NJ 07628. You understand and agree that the SA is an agreement between You and Us.

SECTION 12: DISPUTE RESOLUTION

Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort, or otherwise, including statutory, common law, fraud, or other intentional tort, property, and equitable claims) arising out of, relating to, or in connection with (1) this Agreement, (2) the relationships that result from this Agreement, including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement or this dispute resolution provision, or (3) the validity, scope, or enforceability of this dispute resolution provision or the entire Agreement (“Claim”) shall be resolved, on an individual basis without resort to any form of class action. (Notwithstanding the Dispute Resolution provision of this SA, you may, at your option, still take Your Claim to small claims court, on an individual, non class action basis, instead of requesting a Dispute Resolution.) All Dispute Resolution shall be administered by a third party in accordance with its Wireless Industry Rules and Procedures in effect at the time the claim is filed.

SECTION 13: SERVICE INFORMATION

This SA is not an insurance policy nor is it an extended warranty. The terms “iPhone insurance,” “iPad insurance,” “insure,” “insurance,” and other similar terms are used as marketing terms. By definition, insurance is coverage by contract in which one party agrees to indemnify or reimburse another for loss that occurs under the terms of a contract. By definition, warranty is a written guarantee given to the purchaser of a product by the manufacturer or dealer, usually specifying that the manufacturer will make any repair or replace defective parts free of charge for a period of time. In the case of either a repaired or replaced Covered Product, We do not indemnify or reimburse You, nor do We provide any service free of charge. We will either repair or replace Your Covered Product at a discounted rate, which in both cases you will pay Us a fee outlined in this SA. This Protection Plan is not a contract of insurance. Unless otherwise regulated under state law, the contents under this Protection Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.

SECTION 14: PROTECTION PLAN MONTHLY FEES

The Protection Plan must be paid on a monthly basis or as indicated on the Schedule Page. Monthly Pay Plans provide coverage under this Protection Plan for one (1) month periods and renew automatically monthly based on Your payment of the monthly fee; however, We are not obligated to renew this Protection Plan. If the monthly fee is not paid, the coverage will be suspended at the end of the most recent paid month and terminated if the payment has not been reconciled prior to Your next scheduled monthly fee due date.

CONTACT INFORMATION

iTech Cellular is in complete compliance with all PCI requirements. itechcellular.com is owned and operated by iTech Cellular Inc., a New Jersey company. If you have any questions about our privacy policy or about submitting information as part of your visit, please contact us via email at info@itechcellular.com. You can also contact us via phone or send mail to the following addresses:

DUMONT, NJ 

36 W. Madison Avenue
Dumont, NJ 07628
201-387-0100

RIDGEWOOD, NJ

51 Franklin Avenue
Ridgewood, NJ 07450
201-857-0920