Effective Date: [Month Day, Year]
Welcome to [Bang Auto Glass] (referred to as “Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, located at [www.bangautoglass.com] (the “Website”), and any related services offered by the Company (collectively, the “Services”).
By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, please do not use our Website or Services.
1. Eligibility
1.1 General Requirements
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services. By using our Website or Services, you represent and warrant that you meet this requirement.
1.2 Accuracy of Information
When creating an account or otherwise providing information to us, you agree to provide accurate, current, and complete information. You also agree to update such information as necessary to maintain its accuracy and completeness.
1.3 Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in relation to your use of our Services.
2. Scope of Services
2.1 Auto Glass Repair and Replacement
Bang Auto Glass provides auto glass repair, replacement, and related services (such as crack repairs and chip fixes). Services may also include mobile repair services where we come to your specified location.
2.2 Online Service Requests
You may use our Website to schedule appointments, request quotes, or inquire about our Services. Submission of an online request does not guarantee availability or confirmation of service. We will make reasonable efforts to respond to your request and provide you with additional information or confirmation at our earliest convenience.
2.3 Estimates and Pricing
All price estimates provided through our Website or by other means are approximations. Final pricing may vary based on factors such as the condition of the vehicle, type of damage, type of glass, and additional parts or labor needed. We will communicate any changes to the estimate promptly.
2.4 No Guarantee
While we strive to provide high-quality auto glass repair services, we do not guarantee that our Services will meet your specific expectations or achieve any specific result. Service outcomes depend on numerous factors, including but not limited to the nature of the damage, make and model of the vehicle, and weather conditions during mobile repairs.
3. User Accounts
3.1 Account Creation
Certain features of our Website or Services may require you to create a user account. You agree to:
Provide accurate, current, and complete information during registration.
Update your information to keep it accurate and complete.
Maintain the confidentiality of your login credentials.
Notify us immediately if you suspect unauthorized use of your account.
3.2 Account Responsibility
You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage resulting from your failure to protect your account or password.
3.3 Account Termination
We reserve the right, in our sole discretion, to suspend or terminate your account at any time for any or no reason, including a violation of these Terms.
4. Payment and Billing
4.1 Payment Terms
We may accept various forms of payment for our Services, including but not limited to credit cards, debit cards, cash, or checks. Payment terms (e.g., due dates, down payments, etc.) will be communicated to you at the time of arranging service.
4.2 Authorization
By providing a payment method, you represent and warrant that you are authorized to use that payment method, and you authorize us to charge the total amount due to that payment method.
4.3 Late Payments
If your payment is past due or returned for insufficient funds, we may charge you a late fee or other applicable charges, where permitted by law. We also reserve the right to suspend or terminate your access to Services for non-payment.
4.4 Disputes
If you believe you have been charged in error, please contact our customer support at [email/phone]. We reserve the right to determine, in our sole discretion, whether to issue refunds or credits.
5. Intellectual Property
5.1 Ownership
All text, graphics, photographs, trademarks, logos, icons, images, audio clips, video clips, and software (collectively, “Content”) included on the Website are the property of Bang Auto Glass or its licensors and are protected by United States and international intellectual property laws.
5.2 Use of Website Content
You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Website and its Content solely for your personal, non-commercial use. Any unauthorized use of the Content may violate intellectual property laws and these Terms.
5.3 Trademarks
All logos and product names appearing on or in connection with the Website are proprietary to Bang Auto Glass or its licensors and/or suppliers. You may not use any trademark without the prior written consent of the Company or the relevant owner of the trademark.
6. User Conduct
6.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
Posting or transmitting any fraudulent, deceptive, or unlawful content.
Impersonating another person or entity, or misrepresenting your affiliation with any person or entity.
Using any automated means to access the Website for any reason without our express written permission.
Interfering with or disrupting our Website or servers, or the networks connected to them.
Attempting to circumvent any security or access controls implemented on our Website or Services.
6.2 User-Generated Content
If our Website allows you to submit comments, reviews, or other content (“User-Generated Content”):
You retain ownership of your User-Generated Content.
You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, display, and distribute your User-Generated Content in connection with our Website and Services.
You are solely responsible for the accuracy, legality, and appropriateness of your User-Generated Content.
We reserve the right, but not the obligation, to remove or edit User-Generated Content in our sole discretion.
7. Disclaimer of Warranties
7.1 As Is and As Available
Your use of the Website and Services is at your sole risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Bang Auto Glass disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
7.2 No Warranty of Accuracy
Bang Auto Glass does not warrant that any information provided on the Website is complete, accurate, or current. We make reasonable efforts to keep the Website updated, but mistakes or inaccuracies may occur.
7.3 No Guarantee of Error-Free Operation
We do not guarantee that the Website will function without interruption or error, or that it will be free of viruses, malware, or other harmful components. You are responsible for implementing safeguards to protect your hardware, software, and data.
8. Limitation of Liability
8.1 Exclusion of Certain Damages
To the fullest extent permitted by law, in no event shall Bang Auto Glass or its directors, officers, employees, agents, or affiliates be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to your access to or use of (or inability to access or use) the Website or Services.
8.2 Maximum Liability
In no event shall Bang Auto Glass’s total liability to you for all damages, losses, or causes of action exceed the amount you paid, if any, for accessing or using the Website or Services in the twelve (12) months preceding the event giving rise to the claim.
8.3 Jurisdictional Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. If such laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
9. Indemnification
You agree to indemnify, defend, and hold harmless Bang Auto Glass and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your breach of these Terms or your violation of any law or the rights of a third party in connection with your use of our Website or Services.
10. Privacy Policy
Your use of the Website and Services is also governed by our [Privacy Policy], which is incorporated into these Terms by reference. By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to our Privacy Policy.
11. Third-Party Links and Services
For your convenience, our Website may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Any access or use of third-party websites or services is at your own risk and subject to their respective terms and conditions.
12. Termination
12.1 Termination by You
You may stop using our Website or Services at any time. If you wish to terminate your account, you may do so by contacting our customer service or following any account termination instructions provided on our Website.
12.2 Termination by Us
We may, in our sole discretion, suspend or terminate your access to all or part of our Website or Services at any time, for any reason, with or without notice.
12.3 Effect of Termination
Upon termination, any licenses or permissions granted to you under these Terms shall immediately cease. Any sections of these Terms that by their nature should survive termination (e.g., Intellectual Property, Limitation of Liability, Indemnification) shall continue to be in effect.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the [State/Province] of [Your Location], without regard to its conflict of law provisions.
13.2 Arbitration
At our sole discretion, we may require you to submit any dispute arising from these Terms or use of our Services to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association or a similar body in a mutually agreed location. Any such dispute will be resolved on an individual basis and not as part of a class action.
13.3 Waiver of Class Action
You expressly agree to resolve any disputes arising under these Terms on an individual basis and waive any right to pursue class, consolidated, or representative actions.
14. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, strikes, or government actions (“Force Majeure”). We will make reasonable efforts to minimize the effects of such events.
15. Changes to These Terms
We reserve the right to modify or update these Terms at any time. If we make material changes, we will notify you by posting a new effective date on our Website. Your continued use of the Website or Services after any such changes indicates your acceptance of the revised Terms.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with any other legal notices and agreements published by us on our Website or otherwise provided to you, constitute the entire agreement between you and Bang Auto Glass concerning the use of our Website and Services.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remainder of these Terms shall remain in full force and effect.
16.3 No Waiver
Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision of these Terms.
16.4 Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.
16.5 Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Bang Auto Glass
[Street Address]
[City, State/Province, ZIP/Postal Code]
[Phone Number]
[Email Address]
BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.