Terms of Service
BILLING & PAYMENT TERMS
Automatic recurring bill payments, via a credit card, are based on the plan chosen.
You represent and warrant that you are the owner or an authorized user of the iOS device(s) to be served by MacMan. If a family plan is chosen, all eligible family members must be listed as authorized users. If a business or enterprise plan is chosen, members must have valid business email matching said business or have been listed as eligible members.
Devices covered by this agreement are limit to iPhones, iPads, Apple Watches, and iPods, of which serial numbers have been registered with MacMan, Inc. If you choose to add a device, your billing will be modified to reflect the new cost of the service. If you choose to replace a device with another, the device being replaced will no longer be eligible for this service and your billing will not change. Serial numbers of new devices will be registered as eligible for service.
You may cancel the iOS White Glove service at any time. If canceled, the current prepaid term will not renew but will be in effect until the end of the prepaid term. No refunds will be given for early cancellation. You must notify MacMan of cancelation within 10 of your renewal date. Plans not canceled automatically renew.
FAILURE TO PAY ON TIME
In the event that you fail to pay the invoice when due, or we are unable to charge your credit card, MacMan, Inc. may immediately and without notice terminate this Agreement.
LIMITATION OF MACMAN, INC. LIABILITY.
IN NO EVENT WILL MACMAN, INC. BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MACMAN, INC. SERVICE FURNISHED OR TO BE FURNISHED BY MACMAN, INC. UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF MACMAN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
INDEMNITY BY YOU
You will, to the fullest extent permitted by law, indemnify MacMan, Inc. against and hold MacMan, Inc. harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees in connection with investigating, defending, or settling any claim relating to or arising outacts or omissions on the part of you which gives rise to claims against MacMan, Inc. by third parties.
a. ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect.
b. ENTIRE AGREEMENT/NO WAIVER
This Agreement sets forth the entire agreement and understanding between MacMan, Inc. and you, the recipient of this service, regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. You acknowledge that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. This Agreement may not be modiﬁed or amended except as described herein or by separate writing referencing this Agreement and signed by both you and an authorized representative of MacMan, Inc. The failure by MacMan, Inc. at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by MacMan, Inc. will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed. This Agreement will in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the state of Wisconsin without respect to its choice of law provisions. Any action between the parties will be valued in a state or federal court situated within the state of Wisconsin, and you irrevocably submit yourself to the personal jurisdiction of such courts for such purpose.
c. CORRECTION OF ERRORS AND INACCURACIES
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. MacMan, Inc. reserves the right to correct any errors, inaccuracies, or omissions and to change or update this Agreement at any time without prior notice. MacMan, Inc. does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.