1 PURPOSE AND DESCRIPTION OF THE SERVICE 

This is to implement and manage a repair program for the Company's mobile assets. This solution will be monitored by a mobility agent from the Service provider to include inventory tracking and management of the incident requests throughout the repair process. 

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2 DATE, DURATION AND DEADLINE FOR COMPLETION OF THE SERVICE 

Subject to starting on the date of signature presented in this document, devices will be enrolled in the program once all required hardware details have been provided to the Service provider. The Company certifies that all devices are functional and in good working condition at the time of enrollment. 

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3 MEANS AVAILABLE TO THE SERVICE PROVIDER 

In order to implement and manage the repair program, the Service provider will need the support of the Company to collect the following information: User details, hardware info and any other element judged necessary by the Service provider. The Company is entirely responsible for making a backup copy of any data on their devices, and for deleting, encrypting, or protecting its data from unauthorized use. MobileXtra Inc. will not back up or recover the devices data, nor can it be held responsible for any lost or corrupted data. 

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4 TERMS OF PAYMENT 

Invoices are issued on a monthly or annual basis according to the terms agreed in the official service proposal. The agreement terms are for 12, 24 or 36 months. Please note that the prices displayed in the service proposal are without taxes. 

If payments are past due by more than 30 days, the Service provider reserves the right to withdraw the service and configurations following a 5-business day notice to the customer. The billing cycle will be determined on the first of the month, regardless of when the implementation fee is paid. Note, regardless of the type of subscription of the service provider selected by the Company, the price will be prorated according to the number of added and possible devices having the integrated solution. Only user additions are allowed and the agreement as well as monthly fees will be adjusted to reflect such changes. 

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5 END 

This agreement shall end when the term stipulated in the service proposal has expired or if before, only with a written notice of cancellation from the Company. Cancellation fees calculated at 100% of the balance of the remaining months shall be paid by the Company to the Service Provider within 30 days of the cancellation notice. The withdrawal of users and/or services is subject to these same conditions. 

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6 ADDITIONNALS REPAIRS CONDITIONS

Work Authorization:

You authorize MobileXtra Inc. to perform the work described in the Service Quote (“the Service”) on the device identified on the front of this form (“your Device”), subject to these Terms. If your device is covered by a manufacturer's warranty, the terms of MobileXtra Inc.'s standard limited warranty also apply and will take precedence if there is any conflict with these terms. In particular, if the warranty status of your device listed on the front of this work authorization is "Under warranty" and MobileXtra Inc. determines, after a thorough inspection, that the problem with your device is not covered. By the standard limited warranty (for example, if there is liquid damage), additional charges not listed in the service quote may apply. In this case, MobileXtra Inc. will notify you of any additional charges before starting any work on your device. Work on your device will not start until you authorize the additional charges.

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Device data:

You are entirely responsible for making a backup copy of any data on your device, and for deleting, encrypting, or protecting your data from unauthorized use. MobileXtra Inc. will not back up or recover your data, and is not responsible for any lost or corrupted data. MobileXtra Inc. will not treat the data on your device as confidential and disclaims any agreement with you or any obligation to do so.  

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Limited warranty and responsibilities of MobileXtra Inc .:

MobileXtra Inc. may, at its sole discretion, use reconditioned, rebuilt, or new parts or components to repair your device. Repaired / replaced covers, cases and pouches will be warranted for a period of (90) ninety days. All other repaired / replaced devices will be warranted for a period equal to the remaining term of the original manufacturer's limited warranty applicable to the original device, if any, or for a period of ninety (90) days, the longest period being used. If your device fails, it should be returned to the store or MobileXtra Inc. service center for evaluation, and all shipping charges are the responsibility of the customer. MobileXtra Inc.'s customer service department will diagnose the repair upon receipt. After verification by MobileXtra Inc., if your device is found to be defective, it will be repaired or replaced free of charge. This warranty does not apply to defects resulting from any action taken by you, including, but not limited to, mishandling, physical damage, water damage, improper connection, use outside the limits provided by the designers, improper repair carried out by a third party other than MobileXtra Inc., use of any other product other than the products of MobileXtra Inc., or unauthorized modification. This warranty is VOID if your appliance shows signs that it has been tampered with (broken bucket), or that it has been damaged due to excessive corrosion; or by current, heat, humidity or vibration; failure to meet specifications; improper use; excessive use or other conditions of use beyond the control of MobileXtra Inc. The warranty on the software applies to the original restoration, backup copies, jailbreaks, unlocks, and applies computers, laptops, cell phones, etc. The warranty is VOID if the customer makes any modification to the software not limited to restoring, updating the software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware or any attempt to modify any software that has been installed by MobileXtra Inc. Employees of MobileXtra Inc. reserve the right to VOID any warranties if improper software installations or modifications have been made by the customer after it has left the store. This warranty is non-transferable and does not apply to any purchaser who purchased the product from a reseller or distributor not authorized by MobileXtra Inc., including, but not limited to, purchases on auction sites on Internet. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment become the property of MobileXtra Inc., and you waive any right you may have, by state or other law, in the device. where parts replaced or repaired. Subject to paragraph 2 above regarding data, MobileXtra Inc. cannot be held responsible, within the limits provided by law, for the physical security of your device when in possession for repair by MobileXtra Inc. If your device is lost or damaged when in possession for repair by MobileXtra Inc., MobileXtra Inc. will repair your device or replace it with an equivalent device. At the discretion of MobileXtra Inc., the equivalent device may be new or refurbished. If you do not pick up your device or make arrangements for its return after multiple communication attempts, after 365 days after the repair is complete, MobileXtra Inc. will consider the device abandoned, and may dispose of of the property in its sole discretion, in accordance with applicable laws, including sale to recover administrative and repair costs.

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LIMITATION OF LIABILITY:

THE LIMITED WARRANTY DESCRIBED IN THE ABOVE-MENTIONED PARAGRAPH 3 STATES THE FULL SCOPE OF RESPONSIBILITIES OF MOBILEXTRA INC., AND THE SOLE REMEDY REGARDING THE WORK PERFORMED OR THE PARTS SUPPLIED BY MOBILEXTRA INC. RELATED TO THE WORK ON YOUR DEVICE. ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED BY THE LIMITED WARRANTY PERIOD. MOBILEXTRA INC. SHALL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR DAMAGES EXCEEDING THE TOTAL VALUE DUE FOR THE WORKS, WITHOUT LIMITATION, BUSINESS LOSS OF ANY KIND, LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, COMMERCIAL FUNDS, PROFITS OR SAVINGS, INCONVENIENCE, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE PRODUCT. SOME PROVINCES AND TERRITORIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OR EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES. THEREFORE THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

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No modifications:

No agent, employee, dealer, representative or reseller is authorized to modify these terms, to extend the foregoing limited warranty or to make any binding statements or representations, in the form of advertising, or otherwise, on behalf of MobileXtra Inc. regarding service.

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Independence of clauses:

You and MobileXtra Inc. agree that it is our intention that these terms be enforceable in accordance with the terms to the fullest extent permitted by law. You and MobileXtra Inc. agree that if any part of these terms is held to be void or unenforceable by a court or arbitrator, this judgment does not invalidate the remainder of these terms and they will be fully enforceable.​

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Personal informations:

The personal information you provide in this form (such as your email or postal address) will be used to complete the service you have requested and as otherwise permitted in our  Privacy policy ; MobileXtra Inc. undertakes not to sell, rent or disclose your information in any way (except in cases where such information is necessary for MobileXtra Inc. service providers or in cases where its disclosure is authorized according to our privacy policy) without your prior approval. We have no actual documentation for repair claims.