ACRS (Any Computer Repair & Sales,Inc)

Terms & Conditions

Your agreement with ACRS includes these Terms and Conditions (“Terms”), your Service Agreement, applicable supplemental terms and conditions for other services and your Rate Plan terms, and our Terms of Use Policy, located here (collectively “Agreement”). Your Rate Plan includes your monthly Service allotments for minutes, messages or data (“Allotments”), rates, coverage and other terms (“Rate Plan”). The terms of your Rate Plan are available at www.ACRS.com and at our retail locations .To the extent any term in your Rate Plan expressly conflicts with these Terms, the term in your Rate Plan will govern.

Please read these Terms carefully. They cover important information about all ACRS services provided to you (“Service”) and your ACRS phone, handset, device, data card, or other equipment (“Device”). These Terms include limitations of liability, privacy and resolution of disputes by arbitration instead of in court. To the extent these Terms conflict with the ACRS Terms and Conditions you receive with your Device, these Terms apply; different Terms may apply to different lines of service on your account.

You represent that you are at least 18 years old. If you sign for an organization, you represent that you are authorized to sign. You agree to pay any access and usage charges, taxes, fees and other charges that were accepted or processed through your Device (“Charges”). You may designate others to manage or make changes to your account (“Authorized User”). You and Authorized Users will have access to all account information. If you give your personal account validation information to someone, they can access and make changes to your account just as you can. Those changes will be binding on you. You may request to switch to another Rate Plan, and if we authorize the change, a transfer fee may apply. Changes may increase or decrease the cost of your service.

1. Acceptance. YOUR AGREEMENT WITH ACRS STARTS WHEN YOU ACCEPT. You accept by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or Device. IF YOU DON’T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.

2. Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our supplier or retail dealer) whenever you also assert claims against us in the same proceeding. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 25). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 15 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described below.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies, you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU ACTIVATED THAT PARTICULAR LINE OF SERVICE (the “Opt Out Deadline”). You may opt out of these arbitration procedures via regular mail to: ACRS , 5910 S Dixie Hwy,WPB,FL,33405. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Sec. 14) to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. We will pay upon filing of the arbitration demand, all filing,  administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, ACRS agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.   If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

3. Cancellation and Returns. DEVICES. For customers who purchase Devices directly from ACRS’s on-line store you can return your phone WITHIN 14 DAYS of purchase (“Return Period”). To receive a refund of the purchase price of your Device (less any rebates and shipping costs), you must return it (with original packaging and all contents) within the Return Period in undamaged condition and good working order.  You may be required to pay a restocking fee of  15% off of the retail Price..  

SERVICE:  There will be no refund of Service fees once the Service is activated.

Purchase Terms Manufacturers’ Defect
We guarantee against manufacturers defects for 30 days or 1000 Minutes (whatever coming first from the date of the delivery on all products except for items listed in the Exception Section. Products with Manufacturer Warranties which exceed 30 days may are not cover by ACRS and you must call directly to the manufacturer to obtain any RMA. All returns/exchanges must be made within 30 days of receipt of the merchandise. Merchandise must be in original factory condition, and must include all original packaging materials, warranty cards, manuals and accessories.  If an exchange is not requested at the issuing time of the RMA and automatic store credit will be applied once merchandise is returned back to the warehouse.

Items may be returned only with prior authorization.
All shipping and handling fees are non-refundable with an exception where ACRS has made an error by shipping and incorrect item to the customer.  In this case, Member must contact ACRS to obtain a return label or request a merchandize pick up.  Once item is returned back to the warehouse a correct replacement unit will be shipped out or store credit issued for the full amount of the order if the correct unit is unavailable.  ACRS must be informed of the receipt of incorrect merchandise within a week of the delivery.

Unwanted Returns: Unwanted product returns will be subject to a restocking fee and must be returned WITHIN 14 DAYS of purchase and have a Return Merchandise Authorization number (RMA#). Merchandise must be in the unused condition only.

Refused Delivery: Returns falling under this category will be treated as "Unwanted Returns", consequently they will be subject to a restocking fee.  The customer will also be responsible for the return shipping cost incurred by the action of refusing the delivery. Consequently, a store credit will be issued less the restocking fee of the value of the merchandise and less shipping and handling fees both ways.

If the return has been received to our warehouse after 30 days from the original day of the receipt of the merchandise, it will be sent to the customer at their expense.

All reimbursements are done in the form of a company credit which can be used towards new orders. Customers may request a refund back to the credit card in which case a 5% credit card processing fee will be deducted from the total amount of the refund.  Refunds may take 3 to 5 business days to post back to the credit card.
 

4. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE TERMS IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.

5. Your Wireless Device & Compatibility with Other Networks. Your Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or someone else, but it must, as solely determined by ACRS, be compatible with, and not potentially harm, our network. Some ACRS features will be available only on Devices purchased from us. A ACRS Device is designed to be used only with PlatinumTel service.

6. Service Availability. You acknowledge and agree that service may not be available in all areas in which you travel.  Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. You agree we are not liable for Service availability or problems related to quality.

7. 9-1-1. When making 9-1-1 or other emergency calls, you should be prepared to provide information about where you are located. 9-1-1 operators may not know your phone number or have information about your location. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. ACRS is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided.

8. Mobile Content. Wireless devices can be used to purchase goods, content and services (including subscription plans) such as ring tones, graphics, games and alerts from ACRS or other companies. You are responsible for all Charges associated with such purchases from any Device assigned to your account. You may be able to restrict access and certain services by implementing controls available at www.ACRS.com, or by calling ACRS. Mobile content may not be transferable from one Device to another Device.



9. Taxes and Fees. Unless otherwise specified in a rate plan, you agree to pay all taxes, fees, and surcharges (“Taxes & Fees”) imposed by the government. We may not always give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). If you did not identify the correct PPU, or provided us with an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU.     

Unless otherwise specified in a rate plan, you agree to pay all other charges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice.

10. Payments. If we do not receive payment in full by the due date for the next periods service ACRS may immediately suspend or cancel your Service.  

11. Your Right to Dispute Charges. If you have a dispute regarding your charges to your account, you agree to notify us of the dispute within 60 days after the date you first receive the disputed bill or charge (“Dispute Period”), unless otherwise provided by law. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 15.

12. Notices and Customer Communications. You may contact our Customer Care department at www.ACRS.ws, by postal service at 5910 S Dixie Hwy,WPB,FL,33405 or by calling (561) 582 2228. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to you. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.

13.  Lost or Stolen Equipment.  To avoid unauthorized use of your ACRS Service, if your Device is lost or stolen you may notify us by visiting our website or by calling ACRS at (866)-CALL-ME-1. Upon receiving notice that your Device is lost or stolen, ACRS will temporarily deactivate your Service.  To re-activate your Service you must have purchased a new Device and wish to resume your ACRS Service. The suspension period will alter the expiration date of the Service for which you have paid prior to your Device being lost or stolen (the “Expiration Date”). The time period for which you have paid will not continue to run

14. Misuse of Service or Device. You agree not to misuse the Service or any Device, including: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (c) tampering with or modifying your Device; (d) "spamming" or engaging in other abusive or unsolicited communications; (e) reselling ACRS Devices for profit, or tampering with, reprogramming or altering Devices for the purpose of reselling the Device outside of what is available to authorized Dealers; or (f) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms ACRS, which cannot be fully redressed by money damages, and that ACRS shall be entitled to immediate injunctive relief in addition to all other remedies available.

18. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any credit limitation on your account ; (c) provides inaccurate information ; (d) lives in an area where we don’t provide Service. (e) misuses your Service or Device as described herein; (f) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (g) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice.

19. Intellectual Property. You agree not to infringe, misappropriate or injure the intellectual property rights of ACRS or any third party.  Except for a limited license to use the Services or Devices arising from the sale of a product, your purchase of ACRS Devices and Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of ACRS or others related to the Devices and Services, which may be used only with ACRS Service unless expressly authorized by ACRS. You agree that a violation of this section harms ACRS, which cannot be fully redressed by money damages, and that ACRS shall be entitled to immediate injunctive relief in addition to all other remedies available.

20. Privacy Information. Our Privacy Policy governs how we use information related to your use of our Service and is available online at here. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change.


21. Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

22. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE THE CLAIM ARISES.

23. Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or any Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.


24. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

26. Prepaid Terms. Except as set forth in Section 14, or as otherwise required by law, ACRS will not provide refunds or other compensation for unused airtime balances, lost or stolen prepaid cards, or coupons.  To use ACRS Prepaid Service you must have a prepaid account balance; Service will be suspended when your account balance reaches zero. If you purchase a Device that is sold for use on ACRS Prepaid Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the Devices, or assist someone in these activities. The charges for Service and the expiration period for your prepaid account balance may vary
You must use your account balance before the expiration date.

27. Additional Terms for Data Plans and Features

The following terms apply to your data plan or feature (“Data Plan”). To the extent any term in your Data Plan expressly conflicts with the general Terms and Conditions, which also apply to your service, the term in your Data Plan will govern. Please read your Data Plan carefully.

28. Permissible and Prohibited Uses

Your Data Plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted.

Examples of prohibited uses include but are not limited to: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either ACRS services or the network-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, ACRS’s or another entity’s network or systems; or (e) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices.


29. Downloadable Content and Applications

You can purchase Content and Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) for and with your compatible device. Some Apps that you can purchase with your device are not sold by ACRS these Apps; you can identify the third party seller at the point of purchase. For these third party purchases, although the charges will appear on your Ptel online account; ACRS & Ptel is not responsible for the App, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the App. Any support questions for these Apps should be directed to the third party seller identified at the point of purchase. When you use, download or install an App sold by a third party seller, you may be subject to license terms between you and the third party seller and App developer. When you use, download, or install Content or Apps that you purchase from Ptel , the Content or App is licensed to you by Ptel and may be subject to additional license terms between you and the creator/owner of the Content or App. Whether purchased from Ptel or a third party seller, any Content or App you purchase is licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any Content or App, or alter, disable or circumvent any digital rights management security features embedded in the Content or App.

Ptel is not responsible for any third party content or website you may be able to access using your device. You may encounter advertisements from other entities ("Third Party Ads") while you are browsing the Internet, or using an application on your device. ACRS & Ptel is not responsible for any Third Party Ads, or for any website or content that you may access by clicking on or following a link contained in a Third Party Ad.