Last Updated: June 2026

Welcome to Nerds On Call, Inc. (“Nerds On Call,” “Company,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your use of callnerds.com and other Company-operated channels, as well as your purchase or use of our technology-related products and services, including in-store repairs, mail-in repairs, on-site services, remote support, appointments, consultations, diagnostics, subscriptions, Service Plans, product sales, online scheduling, and customer communications.

These Terms include an agreement to resolve many disputes through individual arbitration, a class-action waiver, and related dispute-resolution procedures in Section 23. Please read that section carefully.

1. Scope and Transaction-Specific Terms

These Terms apply to your use of the website and to transactions with Nerds On Call unless a separate written agreement expressly signed by Nerds On Call states otherwise.

Certain transactions may also involve a repair order, written estimate, work authorization, remote-support authorization, product listing, invoice, subscription disclosure, service-plan enrollment page, warranty statement, return terms, shipping instructions, or other transaction-specific document.

A transaction-specific document controls over these Terms only as to the particular subject it expressly addresses, such as the device serviced, authorized work, quoted price, service-plan scope, product condition, warranty, shipping terms, or return terms. These Terms otherwise remain in effect.

2. Acceptance of These Terms and Electronic Records

A. Website Browsing

You may browse publicly available portions of our website without agreeing to every provision of these Terms. Your use of the website remains subject to applicable law, our Privacy Policy, and the website-use restrictions in these Terms.

Merely browsing the public portions of our website does not, by itself, constitute acceptance of the arbitration agreement or class-action waiver in Section 23.

B. Transactions and Service Requests

When you schedule service, submit a repair request, request remote support, purchase a product or service, enroll in a Service Plan, create an account, authorize payment, sign a repair order, or otherwise complete a transaction for which we request acceptance, you agree to these Terms by taking the clearly identified action presented to you, such as checking an acceptance box, signing electronically, clicking a button marked “I Agree,” “Submit,” “Schedule Service,” “Purchase,” “Authorize,” or similar language.

Where acceptance is requested electronically, the acceptance notice will be presented in reasonable proximity to the applicable submission, purchase, scheduling, or authorization action and will link to these Terms and our Privacy Policy.

C. Electronic Records

You agree that electronic records maintained by Nerds On Call may be used to establish acceptance of these Terms, service requests, payment authorizations, subscription enrollments, remote-access authorizations, communications preferences, transactions, and other interactions with us.

These records may include the version of the Terms accepted, the date and time of acceptance, account or transaction identifiers, the applicable form or workflow, and other reasonably necessary records.

If you do not agree to these Terms, do not schedule, purchase, authorize, enroll in, or use our services.

3. Eligibility and Authority

You must be at least eighteen (18) years old or the age of majority in your jurisdiction, whichever is older, to purchase services, enroll in a Service Plan, or enter into these Terms.

By entering into these Terms or requesting services, you represent and warrant that:

  1. You have the legal authority to enter into this agreement;

  2. You own the device submitted for service or have authorization from the owner or authorized user to submit it for service;

  3. The information you provide is accurate, current, and complete;

  4. You will comply with applicable laws and regulations; and

  5. You are not using our services for any unlawful, fraudulent, infringing, or unauthorized purpose.

4. Services Provided

Nerds On Call provides technology-related products and services that may include:

  • Computer, laptop, desktop, tablet, mobile-device, and game-console repair;

  • Diagnostics and troubleshooting;

  • Remote technical support;

  • In-store, depot, on-site, and mail-in services;

  • Network, Wi-Fi, and connectivity assistance;

  • Software installation, configuration, updates, and optimization;

  • Virus, malware, and security-related remediation;

  • Data backup and recovery assistance;

  • Hardware replacement and upgrade services;

  • Technology consulting;

  • Subscription-based support plans;

  • Product sales; and

  • Other services made available by Nerds On Call.

Service availability may vary based on device condition, location, staffing, parts availability, technical limitations, service-plan scope, shipping limitations, scheduling, third-party provider availability, legal restrictions, or other circumstances.

We may refuse, suspend, modify, limit, discontinue, or terminate a service where permitted by law. We will not do so in a manner that unlawfully avoids an obligation already accepted in a confirmed transaction.

5. Estimates, Repair Authorization, and Changes to Work

For repair services requiring an estimate under applicable law, Nerds On Call will provide the required written or electronic estimate before performing covered repair work.

We will obtain any approval required by applicable law before performing work that exceeds an authorized estimate or materially changes the scope of work.

An estimate is based on the information, symptoms, device condition, testing, and parts availability known when the estimate is prepared. Additional issues may be discovered during diagnosis or repair.

If additional work is recommended, we will request authorization before performing that work where required by law or our applicable repair-order terms.

Unless expressly stated otherwise in writing, diagnostic findings, repair recommendations, estimated completion dates, compatibility assessments, and availability of replacement parts are not guarantees of a particular repair result.

6. Remote Access Authorization

When you request or authorize remote support, you expressly authorize Nerds On Call and its authorized representatives to access your device remotely for the purpose of providing requested services.

Remote support may include the ability to:

  • View system information;

  • View information displayed on your device during the session;

  • Access files, settings, logs, software, accounts, or other information reasonably necessary to provide requested services;

  • Install, remove, configure, modify, update, or troubleshoot software;

  • Perform diagnostics, maintenance, optimization, security-related services, and repairs; and

  • Communicate with you regarding the status of the session.

You understand that a technician may be able to view information visible on your screen or reasonably necessary to perform the requested service.

You may end a remote-support session at any time by disconnecting the session, closing remote-access software, or notifying the technician. Ending a session may prevent us from completing requested work.

Nerds On Call will not intentionally access your device outside an active support session unless you separately authorize unattended or continuing access.

7. Customer Responsibilities

You agree to:

  1. Provide accurate information regarding the device, technical issue, account, and service request;

  2. Maintain lawful ownership of or authorization to access the device and relevant accounts;

  3. Cooperate reasonably during troubleshooting and service delivery;

  4. Maintain a functioning internet connection when remote services are required;

  5. Obtain and maintain valid software licenses, subscriptions, passwords, and permissions necessary for requested work;

  6. Maintain reasonable security measures for your devices, accounts, passwords, and backup systems;

  7. Promptly review communications, estimates, repair notices, payment notices, and pickup notifications; and

  8. Remove or secure highly sensitive information before service where reasonably possible.

You are responsible for ensuring that any information, files, software, content, or accounts you ask us to access do not violate applicable law or infringe another person’s rights.

8. Data Backup, Data Recovery, and Data Loss

You are solely responsible for backing up all data before any service is performed, including before sending a device to us, delivering a device to a location, authorizing remote support, approving a repair, or authorizing operating-system work.

Nerds On Call may assist with backup, migration, restoration, or data-recovery efforts, but no backup, recovery, preservation, migration, restoration, or data-recovery outcome is guaranteed.

You understand that diagnostics, repairs, software installations, operating-system changes, malware removal, hardware replacement, updates, encryption changes, account changes, data transfers, and other technical procedures may result in data loss, data corruption, inaccessibility, unrecoverability, altered settings, or lost software licenses.

To the maximum extent permitted by law, Nerds On Call is not responsible for:

  • Lost, corrupted, inaccessible, or unrecoverable data;

  • Lost software licenses, passwords, account access, or configurations;

  • Failed backup, migration, restoration, or data-recovery efforts;

  • Business interruption, lost revenue, lost profits, or lost opportunities resulting from data loss or system unavailability; or

  • The loss of files, photographs, records, communications, applications, or other content not separately preserved by you.

Nothing in this section limits liability that cannot lawfully be waived or limited.

9. Service Plans and Subscriptions

Certain products and services are offered through recurring subscription plans or continuous-service arrangements (“Service Plans”).

By enrolling in a Service Plan, you authorize Nerds On Call to charge your designated payment method on a recurring basis according to the billing terms disclosed at enrollment.

A. Plan-Specific Terms

The enrollment page, order confirmation, repair order, or subscription agreement for each Service Plan will state the applicable material terms, which may include:

  • Initial setup charges;

  • The initial price;

  • The recurring price;

  • Billing frequency;

  • Renewal term;

  • Number and type of covered devices;

  • Included services;

  • Material exclusions or limitations;

  • Applicable taxes or fees;

  • The next scheduled charge date; and

  • Available cancellation methods.

If an enrollment disclosure identifies a plan as covering a specific number of devices, such as “up to two computers,” that disclosure controls the number and type of eligible devices covered by that plan.

If there is a conflict between these Terms and a plan-specific enrollment disclosure, the plan-specific enrollment disclosure controls as to that Service Plan.

B. Service Plan Scope and Exclusions

A Service Plan covers only the services, devices, and support methods expressly stated in the applicable plan description.

Unless expressly included in writing, Service Plans do not include:

  • Hardware, replacement parts, accessories, or replacement devices;

  • Software licenses, subscriptions, or third-party charges;

  • Guaranteed data recovery;

  • On-site or in-store services;

  • Physical repair work;

  • Services for unsupported devices, operating systems, applications, or accounts;

  • Training beyond the scope expressly identified in the plan;

  • Business continuity, managed security, regulatory compliance, or enterprise IT services; or

  • Any service not reasonably capable of being performed through the covered support method.

Certain plan features may require compatible hardware or software, supported operating systems, reliable high-speed internet access, updated security software, active third-party accounts, and sufficient user permissions.

C. Automatic Renewal

Unless otherwise disclosed at enrollment, Service Plans automatically renew until cancelled.

By enrolling, you authorize recurring charges to your designated payment method until cancellation becomes effective.

D. Cancellation

You may cancel a Service Plan through available account-management tools, by using an online cancellation mechanism made available for online enrollments, by contacting customer support, or by another method required by applicable law.

For Service Plans enrolled in online, Nerds On Call will provide an online cancellation method that is reasonably accessible and does not require unnecessary, obstructive, or delaying steps.

Cancellation prevents future recurring charges after cancellation becomes effective. Unless required by law or expressly stated in the applicable Service Plan terms, cancellation does not entitle you to a refund for services already rendered or for a billing period already paid or commenced.

Unless the applicable Service Plan terms state otherwise, access to the Service Plan continues through the end of the paid billing period.

E. Changes to Plan Terms or Pricing

Nerds On Call may change future Service Plan pricing, included services, or other terms on advance notice where required by applicable law.

A change will not apply retroactively to a completed billing period. Where legally required, we will provide notice of a material change and applicable cancellation information before the change takes effect.

F. Services Outside Plan Scope

Nerds On Call may determine that a requested issue is outside the scope of the applicable Service Plan because of device condition, unsupported hardware or software, unusual technical requirements, security concerns, connectivity limitations, third-party restrictions, or other circumstances.

In that event, Nerds On Call may decline the requested work, offer separately priced service, or provide a refund or credit where appropriate in our reasonable discretion or as required by law.

10. Mail-In Services, Shipping, and Cross-Border Transactions

If you use mail-in or shipping-based services, you are responsible for packaging the device securely, using an appropriate shipping method, retaining shipment-tracking information, and providing accurate return-shipping information.

Unless we expressly agree otherwise in writing:

  1. You are responsible for backing up your data before shipment;

  2. You are responsible for obtaining shipment tracking and insurance appropriate for the device’s value;

  3. We are not responsible for carrier delays, carrier damage, carrier loss, customs delays, border inspections, duties, taxes, or other events outside our reasonable control;

  4. You are responsible for duties, taxes, customs requirements, and import or export restrictions applicable to your shipment;

  5. Return shipping may require your confirmation of the return address and payment of applicable shipping charges; and

  6. A device returned to us as undeliverable may be treated as unclaimed property under Section 11 after required notice and applicable holding periods.

We may decline cross-border mail-in services where shipment, customs, payment, legal, or technical requirements make service impracticable.

11. Unclaimed and Abandoned Property

If you do not pick up your physical device, do not schedule return delivery, or do not accept return delivery after service is completed or after we determine that a device is unrepairable, we may send one or more notices using the contact information you provided.

Subject to applicable law, we may treat property as unclaimed or abandoned only after:

  1. We have provided required notice;

  2. The applicable holding period has expired; and

  3. We have complied with any additional disposition procedures required by applicable law.

Unless a longer period is required by law or a transaction-specific document, the initial holding period will be at least sixty (60) days after our final notice is sent.

After the applicable holding period and required notice procedures, Nerds On Call may, to the extent permitted by law, recycle, transfer, sell, dispose of, or otherwise handle the device.

Any storage fees must be clearly disclosed in advance in the applicable repair order or transaction-specific document and must be permitted by applicable law.

To the maximum extent permitted by law, Nerds On Call is not liable for claims arising from the lawful storage, handling, transfer, recycling, disposal, or sale of unclaimed or abandoned property.

12. Discovery of Illegal Material

Nerds On Call complies with applicable laws concerning the handling and reporting of unlawful material.

If, during the ordinary course of diagnostic testing, data migration, repair, troubleshooting, or other requested services, we discover material that reasonably appears to violate applicable law, we may suspend services, preserve relevant information where appropriate, and comply with legal reporting obligations, lawful governmental requests, or other applicable legal requirements.

To the maximum extent permitted by law, Nerds On Call is not liable for privacy, disclosure, access, reporting, or related claims arising from our good-faith compliance with legal obligations, lawful requests, or legally permitted reporting.

13. Payments, Billing Disputes, Refunds, and Chargebacks

Payment is due when services are rendered unless otherwise agreed in writing.

Unless required by applicable law or expressly stated in a transaction-specific document:

  • Service fees are non-refundable after services have been performed;

  • Diagnostic fees are non-refundable once diagnostic work has been performed;

  • Subscription fees are non-refundable after a billing period begins;

  • Deposits, special-order parts charges, shipping charges, and other transaction-specific charges are governed by the applicable repair order, invoice, or sales terms; and

  • Product returns are governed by Section 14 and any product-specific terms displayed before purchase.

If you believe a billing error occurred, please contact Nerds On Call promptly so we can investigate and attempt to resolve the issue.

We ask that you contact us before initiating a chargeback whenever reasonably possible. However, nothing in these Terms limits any right you may have under applicable law or through your payment-card issuer or financial institution.

14. Online Store, Product Orders, Shipping, and Returns

A. Services, Products, and Order Status

The Nerds On Call online store may offer appointments, remote services, diagnostics, repair work, Service Plans, software-related services, hardware-related services, physical merchandise, replacement parts, and other products or services.

When you submit an online order, your order is an offer to purchase the item or service described.

An automated order confirmation, receipt, payment acknowledgment, or appointment request confirms that we received your order but does not necessarily mean that Nerds On Call has accepted the order or guaranteed a particular repair outcome.

For physical products, Nerds On Call accepts an order when we send shipment confirmation, otherwise expressly confirm acceptance, or deliver the product to you.

For services, Nerds On Call accepts an order when we expressly confirm the service, schedule the appointment, begin work, or otherwise indicate that we have accepted the request.

A purchase of diagnostic, repair, consultation, upgrade, setup, or other service does not guarantee that a particular issue can be repaired, that a replacement part will be available, or that a particular outcome can be achieved.

B. Product Availability, Descriptions, and Pricing

Products, replacement parts, accessories, devices, software, and other items offered through the online store are subject to availability.

We make reasonable efforts to present accurate product descriptions, prices, specifications, images, included-item lists, and availability information. However, product listings may occasionally contain typographical errors, inaccuracies, omissions, outdated information, manufacturer changes, inventory changes, or differences caused by screen-display variations.

We may correct errors, update information, modify product descriptions, adjust pricing, limit quantities, or cancel affected orders before shipment or performance where reasonably necessary due to an error, inventory unavailability, suspected fraud, supplier issue, legal requirement, or another legitimate business reason.

If we cancel an order before shipment or before unperformed services begin after payment has been collected, we will refund the amount paid for the canceled product or unperformed service, subject to any applicable transaction-specific terms.

C. Payment, Taxes, and Authorization

Unless otherwise stated, prices are listed in U.S. dollars.

Applicable sales tax, shipping charges, handling charges, setup charges, and other disclosed fees will be shown at checkout before you submit your order.

Prices and availability may change before order acceptance. A price change will not affect an order Nerds On Call has already accepted, except to correct an obvious pricing or listing error.

You represent that you are authorized to use the payment method submitted with your order and that the billing information you provide is accurate and complete.

D. Shipping and Delivery of Physical Products

This subsection applies only to physical products that Nerds On Call is shipping to you.

Any shipment date, delivery estimate, or availability statement is based on information reasonably available at the time and is not a guarantee unless expressly identified as guaranteed.

Nerds On Call will ship physical products within the time stated in the applicable product listing, checkout process, or order confirmation. If we cannot ship within the promised time, we will provide notice and any delay, cancellation, or refund option required by applicable law.

Shipping carriers, weather, supply-chain disruptions, customs processing, address errors, and other events outside our reasonable control may affect delivery timing.

You are responsible for providing an accurate delivery address and promptly notifying us of any correction before shipment. Additional shipping charges may apply if a package is returned because the address provided was incorrect, incomplete, or undeliverable.

E. Returns, Refunds, and Exchanges of Physical Products

This subsection applies to physical merchandise purchased directly from Nerds On Call through the online store and shipped to you.

Unless a different policy is clearly displayed in the product listing or at checkout, an eligible physical product may be returned within thirty (30) days after delivery if it is unused, uninstalled, undamaged, complete, and returned with its original packaging, accessories, manuals, and proof of purchase.

To request a return, contact Nerds On Call before sending the product back. We may provide return instructions, a return authorization, or other reasonable process to identify and process the return.

For approved eligible returns, Nerds On Call will refund the purchase price paid for the returned product to the original payment method within ten (10) business days after receiving and inspecting the returned product.

Original shipping charges and return-shipping charges are non-refundable unless the return is caused by our error, the product arrived damaged, or applicable law requires otherwise.

Unless required by law, the following are not eligible for return once supplied, activated, installed, performed, or specially ordered:

  • Services already performed;

  • Diagnostic services already performed;

  • Setup, installation, configuration, labor, or repair work already performed;

  • Installed replacement parts;

  • Special-order or custom-configured items;

  • Activated software, software licenses, digital products, or subscription services;

  • Products damaged after delivery through misuse, accident, unauthorized repair, or improper installation;

  • Products missing material components, accessories, or original packaging; and

  • Products expressly marked final sale or non-returnable before purchase.

Any restocking fee must be clearly displayed before purchase and will apply only where permitted by law.

Nothing in this section limits any warranty, cancellation, refund, exchange, or consumer-protection right that cannot lawfully be waived.

F. New, Used, Refurbished, and Open-Box Products

Where applicable, product listings will identify whether an item is new, used, refurbished, open-box, or otherwise not sold as new.

Used, refurbished, and open-box products may have cosmetic wear, prior use, repaired or replacement components, packaging differences, or other condition characteristics described in the applicable listing.

The specific product listing, condition description, photographs, included-accessory list, and any written warranty provided with the item control for that product.

G. Manufacturer and Product Warranties

Some products may include a manufacturer warranty, a Nerds On Call written warranty, or both. Any applicable written warranty will be made available with or before purchase where required by law.

Unless Nerds On Call expressly provides a written warranty for a product, Nerds On Call does not provide a separate product warranty beyond rights that cannot lawfully be waived.

Manufacturer warranties, if any, are governed by the manufacturer’s warranty terms. Nerds On Call may assist with warranty-related questions but is not responsible for a manufacturer’s independent warranty obligations, decisions, delays, or performance.

15. SMS, Telephone, Email, and Electronic Communications

A. Transactional Communications

By providing contact information in connection with a service request, purchase, repair, account, or subscription, you agree that Nerds On Call may contact you by phone, email, text message, postal mail, account notification, or other reasonable means regarding appointments, estimates, service status, repairs, payments, account notices, security issues, delivery, customer support, and other transactional matters.

B. Marketing Communications

Marketing text messages, promotional emails, and other marketing communications are handled separately from transactional communications.

Where consent is required by law, Nerds On Call will obtain the required consent before sending marketing communications.

Consent to receive marketing messages is not a condition of purchasing goods or services.

C. SMS Consent

By separately and expressly opting into promotional text messages, you authorize Nerds On Call to send recurring automated and non-automated marketing text messages to the mobile number you provide, subject to applicable law.

Message frequency varies. Message and data rates may apply.

Marketing-text consent may be obtained through an unchecked consent box, electronic signature, affirmative response, or another legally valid method.

For Florida residents, Nerds On Call will obtain any prior express written consent required by applicable law before sending covered marketing text messages or placing covered telemarketing calls.

Nerds On Call does not sell SMS opt-in data or consent records to third parties for their independent marketing purposes.

D. Opt-Out

You may opt out of marketing text messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, by contacting customer support, or by another reasonable method of communicating that you no longer wish to receive marketing messages.

You may unsubscribe from marketing emails using the unsubscribe mechanism included in the message or by contacting us.

We will process revocation and opt-out requests within the period required by applicable law.

E. Calls and Support-Session Recording

Nerds On Call may record calls, remote-support sessions, chats, or other service communications only after providing notice and obtaining consent where required by applicable law.

F. Canadian Customers

For customers located in Canada, Nerds On Call will send commercial electronic messages in accordance with applicable Canadian law, including applicable consent, sender-identification, and unsubscribe requirements.

16. Privacy, Cookies, Analytics, and Website Technologies

Our collection, use, retention, disclosure, and protection of personal information are described in our Privacy Policy, available at:

https://callnerds.com/nerds-privacy-policy/

The Privacy Policy is incorporated into these Terms by reference.

Our website may use cookies, tags, pixels, analytics tools, session-management technologies, and similar technologies to operate, secure, personalize, analyze, and market our services.

Where required by law, Nerds On Call will provide notice, obtain consent, honor applicable privacy choices, or limit the activation of non-essential technologies.

Nothing in these Terms replaces or limits any privacy right that cannot lawfully be waived.

17. Website Use and Intellectual Property

You agree not to:

  • Violate applicable law;

  • Attempt unauthorized access to our systems, accounts, networks, or services;

  • Interfere with website functionality or security;

  • Upload malicious code, malware, ransomware, or harmful content;

  • Use the website for fraudulent, deceptive, abusive, or unlawful purposes;

  • Scrape, harvest, copy, or collect website content, data, or customer information through automated means without authorization;

  • Impersonate another person or misrepresent your affiliation with any person or entity;

  • Create frames around our webpages that alter their visual presentation without written permission; or

  • Interfere with another customer’s use of the website or services.

All website content, including text, graphics, logos, trademarks, designs, images, software, and other materials, is owned by Nerds On Call or its licensors and is protected by intellectual-property laws.

You may not copy, reproduce, distribute, modify, publish, sell, create derivative works from, or commercially exploit website content without prior written permission, except as permitted by applicable law.

18. Third-Party Services and Products

Our services may involve third-party providers, including payment processors, software vendors, cloud providers, device manufacturers, telecommunications providers, shipping carriers, and remote-access providers.

Except as otherwise required by law, Nerds On Call is not responsible for the products, services, content, availability, security, policies, acts, or omissions of third parties.

Your use of third-party products and services may be governed by separate terms, privacy policies, warranties, subscriptions, or agreements from those providers.

19. Service Guarantees, Disclaimer of Warranties, and Limitations

A. Express Service Guarantees and Written Warranties

If Nerds On Call provides an express service guarantee, repair warranty, product warranty, or other written commitment in a repair order, product description, invoice, service-plan disclosure, or separate warranty policy, that express written commitment applies according to its stated scope, duration, exclusions, and conditions.

Nothing in these Terms is intended to eliminate an express written guarantee or warranty that Nerds On Call has specifically provided.

B. Nerds On Call Service Guarantee

Nerds On Call stands behind the repair, installation, configuration, and other paid services we perform.

If the same reported issue recurs within thirty (30) days after completion of a paid service and the issue is directly related to the work performed by Nerds On Call, bring the device back to us or contact us promptly. We will re-evaluate the issue at no additional diagnostic charge and, if appropriate, re-perform the applicable service at no additional labor charge.

This Service Guarantee applies only to the original reported issue and the specific service performed by Nerds On Call. It does not apply to:

  • New, unrelated, or subsequently discovered issues;
  • Hardware failures, defects, or parts not directly related to the original service;
  • Malware, ransomware, viruses, compromised accounts, or similar problems occurring or recurring after service;
  • Damage caused by accidents, liquid exposure, power events, misuse, unauthorized repair, physical damage, or changes made by the customer or another provider;
  • Third-party software, operating-system, cloud-service, account, internet-provider, or manufacturer changes outside our control;
  • Data loss, data recovery, backup, migration, or restoration outcomes;
  • Unsupported devices, software, operating systems, or services;
  • Services performed under a Service Plan except to the extent expressly included in that Service Plan; or
  • Products, replacement parts, or manufacturer warranties, which are governed by the applicable written warranty terms.

The Service Guarantee provides re-evaluation and, where appropriate, re-performance of the original service. It does not guarantee a particular technical outcome and does not provide a refund, replacement device, replacement part, or compensation for indirect losses unless required by applicable law or expressly stated in writing.

Nothing in this Service Guarantee limits any warranty or consumer right that cannot lawfully be waived.

C. General Disclaimer

Except for express written warranties or guarantees provided by Nerds On Call and except where prohibited by law, services, software, website content, products, and materials are provided “AS IS” and “AS AVAILABLE.”

Information available through our website or services is for general informational purposes only and is not legal, financial, tax, cybersecurity, medical, or other professional advice tailored to your particular circumstances.

To the maximum extent permitted by law, Nerds On Call disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, and performance.

Nerds On Call does not guarantee:

  • Uninterrupted or error-free service;

  • Complete removal of malware;

  • Recovery of lost data;

  • Compatibility of every device, program, network, application, account, or cloud service;

  • Continued operation of third-party software or hardware;

  • That a device, network, account, application, or cloud service will remain secure or free from vulnerabilities, ransomware, cyberattacks, or future security incidents; or

  • That a repair will permanently resolve every existing or future issue.

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, these disclaimers apply only to the extent permitted by law.

20. Limitation of Liability

To the maximum extent permitted by law, and except for liability arising from Nerds On Call’s gross negligence, willful misconduct, fraud, personal injury where liability cannot be limited, or other liability that cannot lawfully be limited:

  1. Nerds On Call will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages;

  2. Nerds On Call will not be liable for lost profits, lost revenue, loss of data, loss of goodwill, loss of business opportunity, or business interruption; and

  3. Nerds On Call’s total aggregate liability arising from or relating to a particular service, transaction, or claim will not exceed the greater of:

    • The amount paid to Nerds On Call for the service or transaction giving rise to the claim; or

    • Two hundred fifty dollars ($250).

This section does not limit rights or remedies that cannot lawfully be waived or limited.

21. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Nerds On Call, its officers, employees, contractors, affiliates, and agents from third-party claims, damages, losses, liabilities, expenses, and reasonable attorneys’ fees arising from:

  1. Your unlawful use of the website or services;

  2. Your material breach of these Terms;

  3. Your misrepresentation that you owned or were authorized to submit a device, account, or content for service;

  4. Your infringement of a third party’s rights; or

  5. Your submission of unlawful content or use of our services for unlawful purposes.

This obligation applies only to the extent the claim arises from your acts or omissions.

22. Force Majeure

Nerds On Call is not liable for delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, fire, severe weather, power outages, telecommunications or internet failures, cyberattacks, labor disputes, governmental actions, public-health emergencies, shipping disruptions, supply-chain disruptions, or failures of third-party providers.

23. Dispute Resolution, Arbitration, and Class-Action Waiver

A. Informal Resolution First

Before filing an arbitration demand or court claim, either party must provide written notice of the dispute and allow thirty (30) days for a good-faith attempt at informal resolution.

A notice of dispute must include the claimant’s name, contact information, a description of the dispute, the requested relief, and sufficient information for the other party to evaluate and respond.

Notices to Nerds On Call must be sent by mail to:

Nerds On Call, Inc.
Attn: Legal Notices
8510 Madison Avenue, Suite C
Fair Oaks, California 95628

B. Agreement to Individual Arbitration

Except as otherwise provided below, disputes, claims, or controversies arising out of or relating to these Terms, a service, a product, a Service Plan, a repair order, payment, website use, or the relationship between you and Nerds On Call will be resolved through binding individual arbitration.

This arbitration agreement is governed by the Federal Arbitration Act and, where applicable, California law.

For consumer claims, arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules.

For disputes arising principally from a business account or commercial-services relationship, arbitration will be administered under the AAA Commercial Arbitration Rules unless the parties agree otherwise.

The applicable AAA rules and fee schedules in effect when arbitration is filed will govern, except where these Terms lawfully provide otherwise.

C. Exceptions to Arbitration

Either party may bring an eligible claim in small claims court if the claim qualifies and the court has jurisdiction.

Either party may seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, customer data, security interests, or other rights pending completion of arbitration.

Nothing in this section prevents either party from seeking relief in a government agency or regulatory proceeding where applicable law permits that process.

D. Class-Action and Representative-Action Waiver

To the maximum extent permitted by law, disputes must be brought only on an individual basis.

You and Nerds On Call agree not to bring, participate in, or recover relief through any class action, collective action, representative action, private-attorney-general action, or other consolidated proceeding.

If a court determines that any portion of this class-action or representative-action waiver is unenforceable as to a particular claim or remedy, that claim or remedy may proceed in court only to the extent required by law, while the remaining portions of this arbitration agreement remain in effect to the fullest extent permitted by law.

E. Arbitration Fees

Nerds On Call will pay arbitration fees and costs to the extent required by the applicable AAA rules and applicable law.

Nothing in these Terms requires a consumer to pay arbitration fees that the consumer would not be required to pay under applicable AAA consumer rules or applicable law.

F. Mass Arbitration

If the AAA determines that multiple arbitration demands qualify as a consumer mass arbitration or other mass arbitration under its applicable rules, the AAA’s then-current Mass Arbitration Supplementary Rules and applicable fee schedule will govern administration of those matters.

G. Arbitration Opt-Out

You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms.

To opt out, send written notice by mail to the address listed in Section 23.A, marked “Arbitration Opt-Out.” Your notice must include your name, address, telephone number, email address, and sufficient information to identify the transaction or account associated with your acceptance of these Terms.

Opting out of arbitration does not affect any other provision of these Terms.

H. Survival

This arbitration provision survives termination of these Terms, completion of services, cancellation of a Service Plan, and the end of the relationship between you and Nerds On Call.

24. Governing Law and Venue

Except where federal law, another state’s law, Canadian law, provincial law, or other mandatory consumer-protection law applies, these Terms are governed by the laws of the State of California without regard to conflict-of-law principles.

Any court proceeding permitted under these Terms and not subject to arbitration must be brought in a court of competent jurisdiction in Sacramento County, California, unless applicable law requires another forum.

Nothing in these Terms limits a consumer’s right to bring a claim in a forum or jurisdiction that cannot lawfully be waived.

25. Regional Consumer Rights

If you are a consumer located outside the United States, including in Canada, these Terms apply only to the extent permitted by the mandatory consumer-protection laws of your place of residence.

Nothing in these Terms is intended to waive or limit a consumer right, remedy, forum, language right, warranty right, cancellation right, or other protection that cannot lawfully be waived under applicable law.

Nothing in these Terms limits any non-waivable rights available under California law, including rights related to automatic renewal, repair estimates, privacy, consumer protection, cancellation rights, refunds, or other applicable consumer protections.

26. Business Services Limitation

Unless expressly agreed in a separate written agreement, Nerds On Call does not provide managed security services, cybersecurity monitoring, regulatory-compliance services, disaster-recovery services, enterprise information-technology management services, or guaranteed business-continuity services.

Business customers remain responsible for maintaining appropriate backup, cybersecurity, regulatory-compliance, insurance, continuity, and disaster-recovery measures.

27. Miscellaneous

A. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

B. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

C. Assignment

Nerds On Call may assign or transfer these Terms in connection with a merger, acquisition, asset sale, financing transaction, corporate reorganization, or similar business transaction.

You may not assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

D. Entire Agreement

These Terms, the Privacy Policy, and applicable transaction-specific documents constitute the entire agreement between you and Nerds On Call regarding the website and services, except for any separate written agreement expressly signed by Nerds On Call.

E. Notices

You consent to receive notices from Nerds On Call by email, text message, postal mail, account notification, or other reasonable means using the contact information you provide, except where applicable law requires another method.

Notices are deemed delivered when sent, except where applicable law requires otherwise.

28. Changes to These Terms

We may update these Terms from time to time.

Updated versions will be posted on the website with a revised “Last Updated” date.

Changes generally apply prospectively to future website use, future transactions, and future service requests.

For existing Service Plans or other ongoing arrangements, we will provide advance notice of material changes where required by applicable law, together with applicable cancellation information.

Continued use of the website or services after an updated version becomes effective constitutes acceptance only to the extent permitted by applicable law.

29. Contact Information

Nerds On Call, Inc.
8510 Madison Avenue, Suite C
Fair Oaks, California 95628

Phone: 1-800-919-6373
Website: callnerds.com
Privacy Policy: https://callnerds.com/nerds-privacy-policy/