Remote Expert Service Agreement
The Terms and Conditions of this Service Agreement (the “Service Agreement”) last modified:
July 14, 2023
By placing an order to purchase the Service (as defined below) or accepting the order to supply the Service through the Autel App (as defined below) and the Autel Website located at autel.com you accept these terms and conditions below.
In this Service Agreement, the following terms mean:
- “App” means collectively the MaxiFix and Remote Expert apps;
- “Customer” means a user of the App who buys remote Assistance in the App and Website;
- “Dispute” means any disputes relating to the Service;
- “Expert” means a user of the App who provides remote Assistance in the App and Website;
- “Merchant” means the Expert who charges the Customer a fee for the remote Assistance service provided through the App or the Website;
- “Order” means a request for Service by a Customer that specifies the requirement and needs of the Customer;
- “Platform” means the App and Website
- “Project” means the remote Assistance provided or to be provided by the Expert as described in the Order page and agreed upon by the Expert and Customer;
- Remote Expert Website is the Autel website located at https://autel.com/us/remote-expert/ “Service” means the remote Assistance by the Expert to the Customer according to the Order; and
- “User” means any registered person who uses the Platform.
Ⅰ. Ordering Service
The scope of Service to be provided by the Expert is based on the Order placed by the Customer. Customer must make a request in the App or Website.
The Expert agrees to provide the Service directly to the Customer as follows: The Expert:
I. Will respond through the App or Website within a reasonable time follow the Customer issuing the request for Service to confirm acceptance of the Order and the scope of Service to be provided for the Project;
II. Will indicate the cost for the Service and arrange for payment by the Customer. Customer acceptance of Service from Expert shall constitute Customer’s agreement to the cost for the Service;
III. Respond to Customer inquiries as to the status of the Project if the Project is not completed immediately;
IV. Complete the Project timely as agreed with the Customer.
Ⅱ. Payment for Service
Customer and Expert understand that Autel shall have no responsibility or liability with respect the payment for the Services.
All arrangements for payment for the Service shall be between the Customer and Expert. Expert acting as the Merchant is responsible for issuing the corresponding receipts and/or invoices to the Customer for the Service to be paid or paid by the Customer. Autel is neither involved nor acts as a payment agent between the Customer and the Expert.
The following payment methods are available to Customer:
I. Customer can negotiate the price with the Expert, and make Payment for Service offline without going through the App;
II. Customer can make online payments through Stripe which is supported by the App. The transaction fee will be burdened by the Expert, and a refund (if any) will be returned respectively to the Customer and Expert through the original payment method and amount.
If Customer delays or fails to pay without any reason, Expert shall be entitled to delay or refuse to provide the Service until Customer pays the fee for the Service. Both Customer and Expert shall take care to prevent fraud or money laundering and may suspend performing the project and shall inform Autel if they suspect such circumstances.
Ⅲ. Customer Feedback
If the Customer is not satisfied with the Service, Customer shall promptly advise Expert of such dissatisfaction. Customer and Expert agree that Customer shall be entitled to a price adjustment or refund based on one of the following reasons:
a) The Project is unfinished and the Customer specifically points out the incomplete aspect of the Project; or
b) The quality of the Service is unsatisfactory and the Customer specifies the nature of the unsatisfactory of the Project points out the deficiency in the quality; or
c) The Service provided caused harm to the subject and the Customer produces preliminary evidence of the harm.
If Customer pays the payment or does not feedback for any reason within ten (10) days after the project is completed, Autel and Expert will be entitled to assume that Customer is satisfied with the project and there are no disputes related to the project.
IV. Platform Service Fee
Customer is advised that Autel has made a considerable cost to develop, operate and maintain the App and Website. Accordingly, Customer is advised that the Experts available through the App and the Website has agreed to pay Autel a Platform Service Fee, which is paid to Autel by the Expert from the payment received by the Expert from the Customer.
V. Dispute Settlement
If a dispute arises between Customer or Expert as to the Service provided (a “Dispute”), the Customer and Expert agree to undertake a resolution of the dispute within seven (7) days of notification by one party to the other party; such notification to set forth the nature of the Dispute. All communications with respect to the Service and any Dispute shall be made via the App or Website.
Although resolution of the Dispute is the sole responsibility of Customer and Expert, Autel may agree to assist the parties is resolving the Dispute. In providing a resolution of a Dispute, Autel will consider:
I. If both parties are acting in good faith and have tried to resolve the issue between themselves before contacting Autel, including at least a second attempt made between both parties to complete or rectify the Project;
II. If the Project was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms;
III. For Disputes concerning the quality of the work delivered, Autel will consider whether the Expert has met general quality standards and due care;
IV. If the Customer and Expert have complied with these terms and conditions of the Service Agreement;
V. Autel will notify both parties within fourteen (14) days of referral to Autel for resolution of the Dispute.
VI. The parties agree to accept the resolution presented by Autel and agree that the Dispute will final based on the resolution provided by Autel.
If the Dispute relates to damage to a vehicle module based on the programming provided by the Expert, and such Dispute is determined by Autel to be the responsibility of the Expert, Expert agrees to repair or reprogram the affected module or compensate the Customer for the cost of replacement of the affected vehicle module. Upon refusal or delay of the Expert to repair/reprogramming or reimburse Customer, Autel agrees to invite other Experts available through the Platform to undertake the required repair/reprogramming. Nothing set forth herein shall constitute a waiver of the rights of the parties with respect to any obligation or liability that may arise between Customer and Expert.
VI. Disclaimer of Warranties / Limitation of Liability
Autel makes no representation or warranty and disclaims any liability with respect to the quality of service provided by Expert.
CUSTOMER AND EXPERT ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER AUTEL, ITS SUBSIDIARIES, LICENSORS, OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THERE IS NO WARRANTY BY AUTEL OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERUPPTED OR ERROR-FREE.
TO THE FULLEST EXTENT OF APPLICABLE LAW, AUTEL SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTIUON OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR REALTED TO THIS AGREEMENT OR THE PLATFORM, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT AUTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, AUTEL’S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY CUSTOMER OR EXPERT FOR USE OF THE PLATFORM.
Customer and Expert agree that the validation, interpretation, modification, fulfillment and claims of disputes arising from or with respect to the scope, interpretation or applicability of this Service Agreement shall proceed solely on an individual, not class action or representative basis, in binding arbitration before and subject to the rules of the American Arbitration Association. Any party may apply to a court of competent jurisdiction for temporary injunctive or other equitable relief in aid of arbitration.
The laws of the United States of America and the State of New York shall govern the terms and conditions of this Service Agreement, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods and without giving effect to any choice of law or conflicts of law rules or provisions that would cause the application of any other jurisdiction’s laws.