Service Terms and Conditions
Please read this Service Policy (this "Policy") carefully. By agreeing to this policy, it means that the party requesting the service ("Customer") have completely read, understood and are voluntarily bound by this Policy. MinerVa Semiconductor Corporation ("MinerVa") reserve the right to amend this Policy at any time to the maximum extent permitted by the applicable law. If you do not agree with the revised terms, you should not purchase our Products or stop using MinerVa Services.
Consumer law: for consumers who are covered by consumer protection laws or regulations in their country of residence, the benefits conferred by this policy are in addition to all rights and remedies conveyed by such consumer protection laws and regulations and you should consult the citizens advice service in your country of residence for further information on these rights.
1. Definitions
Unless otherwise defined, the following terms used in this Policy shall have the following meanings:
1.1 "Customer" means natural person, legal entity or other organization that purchases Products or Service.
1.2 "Service" refers to inspection, maintenance, and repair service provided by MinerVa for Products purchased by Customers. Service is categorized into Service within the warranty and Service outside of the warranty. Depending on the types of product failure, MinerVa may choose different resolutions, including repair, replacement, etc.
1.3 "Warranty Period" starting from the date of purchase, MinerVa provide a 180 days of manufacture warranty period, and an additional 180 days of warranty period may be provided by distributor, please contact your distributor for details.
1.4 "DOA" means the request for Service of the Product within 7 calendar days from the date of delivery.
1.5 "Replacement Product" or "replacement product" means the Product of the same type or specifications provided to replace the defective Product or Product of the same brand with processing rates no less than that of the defective Product. Replacement Product may not be a new Product. The warranty period of the Replacement Product will be the remaining warranty period of the original Product calculated from the date of purchase of the original Product, except when the warranty is voided in accordance with the terms and conditions of this Policy.
2. Request for Service
2.1 To request service, please create a repair ticket ("Repair Ticket") at our Service Request page.
2.2 The customer acknowledges and agrees that if the Product do not meet the requirements to be serviced free of charge, a service fees will be charged. Otherwise, please do not purchase MinerVa Product or Service, or do not contact MinerVa for a Repair.
2.3 Any changes for tracking information shall be updated within 7 days of the Repair Ticket Creation date. The Product shall arrive at MinerVa service location within 15 days of Repair Ticket Creation date. Any costs and risks of loss of, or damage to, the Product associated to the failure of updating tracking information or deliver the Product within the above-stated time shall be borne to the customer.
2.4 The information provided in the Repair Ticket (including, but not limited to, product type, quantity, tracking number, contact information and delivery address) must be accurate. Otherwise, we have the right to reject the service request and all losses shall be borne to the customer.
3. Shipping for Service
3.1 The customer shall deliver the Product to the service location at their own cost of shipping. Using sea freight to deliver defective Product is not allowed as products are susceptible to moisture damage, and not covered by warranty.
3.2 Before delivering the Product, please backup and delete all personal data, software programs or any other information (collectively, "Data"). During Service, it is possible that the Data will be lost or damaged or a Replacement Product will be sent back. MinerVa shall not take any responsibilities for damage or loss of Data.
3.3 The customer is responsible for preventing damages during transportation, a moisture-proof packaging filled with sufficient cushioning material shall be used for shipping. MinerVa suggests the Product's original packaging should be used. Failure to properly pack the Products for transportation (including unpacked Product, Product without cushioning, inappropriate packaging materials, etc.) may void the warranty. Insurance for damage or loss during transportation is recommended. For Warranty repair, the return shipping cost will be provided by MinerVa. For all other repairs, the return shipping cost need to be provided by the customer.
3.4 Under the following circumstances, we have the right to refuse services of the Product:
- a. The Repair Ticket is not created,
- b. The tracking information is not provided within 7 days of Repair Ticket Creation date,
- c. The return shipping cost is not provided for repairs outside of warranty.
3.5 MinerVa may continue to provide the Service. However, the customer will be responsible for the cost of shipping and risk of loss of, or damage to, the Product during transportation.
3.6 In the absence of any of the circumstances specified in Section 3.4, a preliminary test will be conducted to confirm the failure mode(s). Due to the Force majeure on the current global supply chain, except the cases listed in Section 4.2 under this Policy, the Product will be repaired after inspection without confirmation from the customer.
4. Warranty / Out-of-Warranty
4.1 When the Product fails within the Warranty Period under normal use, MinerVa will repair the Product free of charge. If the defect cannot be repaired, MinerVa will replace the Product with a Replacement Product. In such case, the defective Product is replaced and belongs to MinerVa.
4.2 In case of DOA (within 7 days of delivery), if the Product is confirmed defective, the customer can choose whether to receive a Replacement Product or full refund. Such confirmation shall be made within three days of the date when the result was notified to the customer, otherwise a Replacement Product shall be issued.
4.3 Out-of-warranty situations include: the Warranty Period has passed; the label or serial number was damaged or removed; unauthorized repair is attempted; damage caused by improper use, improper maintenance, improper modification, or force majeure events; the Product do not meet the conditions listed in Section 3 under this Policy.
4.4 For out-of-warranty repairs, Service Fees will be charged. MinerVa will notify the customer if there is any additional costs after inspection. If the customer disagrees to the cost estimate, the customer can ask MinerVa to return Product and pay for any cost occurred. If the Product is unrepairable, MinerVa will notify the customer for handling of the defective Product. If MinerVa do not receive any responses within 30 days after notification of the estimate, the Product will be handled as electronic waste.
5. Service Fees
5.1 Depending on the extent of damage, the Service Fees varies. MinerVa will notify the customer if there is any additional costs after inspection.
5.2 Unless otherwise stated, the Service Fees specified in this Policy does not include the cost of any major component, nor the cost of transporting the product for Service.
5.3 The Service Fees should be paid within 15 days after the notification. After the Service Fees is settled, MinerVa will continue to provide Service. If MinerVa does not receive any payment within 60 days after the notification of the estimate cost, the Product will be handled as electronic waste.
6. Refunds
6.1 Once the Product is repaired, the Service Fees cannot be refunded.
6.2 MinerVa does not make refunds on any Products returned that are not defective.
7. Compliance
7.1 When requesting for Service, the customer acknowledge the compliance of All Applicable Terms (as defined in "Miscellaneous") and the customer shall not engage in any illegal activities including but not limited to fraud, money-laundering, etc.
7.2 The customer guarantee that they are (he/she is) not listed in the "Entity List", "Denied Persons List" or "SDN List" published by the applicable United States government agencies, nor directly or indirectly belonging to or controlled by any of the subjects in the above lists, nor subject to any import and export controls, sanctions or restrictions imposed by the United States, the European Union or its member states. The customer guarantee that all information provided to MinerVa is true, accurate, complete, and not misleading.
7.3 The customer may not use or otherwise export or re-export the Products serviced except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable, export or re-export into any US-embargoed countries or to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce Denied Person's List or Entity List.
7.4 The customer guarantee that the Products under this Policy are intended for civilian use only and may not be exported, re-exported or transferred to:
- i. design, development, production or use of nuclear materials, facilities or nuclear weapons,
- ii. missile technology,
- iii. The design, development, production or use of biological and chemical weapons.
7.5 The customer guarantee that they (he/she) shall fully comply with all applicable laws and regulations regarding cryptocurrency-related businesses, including but not limited to laws and regulations regarding cryptocurrency transactions, cryptocurrency mining businesses and cryptocurrency technology services when using Products or Services.
8. Liability
8.1 MinerVa do not guarantee that the Data will not get lost during the Services. It is the customer's responsibility to back up any Data before sending in the Product for Services. MinerVa will not be responsible for loss, recovery, or compromise of Data, programs or loss of use of equipment arising out of the Services. The customer represent that the Product does not contain illegal files or data.
8.2 The completion of the service varies on the extent of damage to the Product, and MinerVa does not guarantee in any form.
8.3 To the extent permitted by law, the express warranties, conditions and remedies set out in this policy are exclusive and in lieu of all other warranties, conditions, terms, undertakings, obligations and representations, whether oral or written, statutory, express or implied. MinerVa specifically disclaims and excludes any and all statutory and implied warranties, conditions, terms, undertakings, obligations and representations related to or arising in any way out of this policy.
8.4 As a consumer, the customer may have certain additional rights with regard to services and products provided under this policy. MinerVa does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost, corrupted, or compromised data or software. MinerVa will not be liable for any consequential, special, indirect, or punitive damages.
9. Receive Notifications
9.1 By agreeing this policy, the customer agrees that the contact information provided (including email address, phone number, mailing address, etc.) can be used for receiving notifications from MinerVa.
9.2 The notification may be containing important updates related to the customer's benefit and/or the customer's use of MinerVa Service.
9.3 The notification date shall be deemed as:
- a. the time that the notification posted on MinerVa's website.
- b. the time an E-mail messages successfully delivered to the email address provided.
- c. the time a notice is successfully delivered through a social communication software.
- d. the time a written notice is successfully delivered through express mail service on the fifth calendar day starting from the date of posting.
- e. If the notification is made by more than one means, the time shall be deemed by the earliest attempt date.
10. Compliance
10.1 MinerVa will fully comply to any regulatory requirements from judicial authorities, supervision authorities, or third-party payment agencies. In the case of such investigation, the customer's information will be provided to the regulatory agencies, and the customer maybe contacted for any further information.
10.2 MinerVa will fully comply to the anti-money laundering laws and regulations and regulatory requirements. In the case of such investigation, the customer's information will be provided to the regulatory agencies, and the customer maybe contacted for any further information.
11. Termination
11.1 MinerVa will terminate any access to services if the customer is suspected to violates any applicable laws, this Policy or other terms (as defined in "Compliance" under this Policy) or causing damages to other customers, affiliates, including but not limited to fraud, theft or misrepresentation of other's account, theft or counterfeiting of personal and/or finical information.
11.2 When termination occurred in section 11.1, the customer will be responsible for any loss of MinerVa, its affiliates, and third parties (including direct economic losses, loss of goodwill and indirect economic losses such as fines, compensation, settlement fees, attorney's fees and legal costs paid to external parties).
12. Force Majeure
12.1 "Force Majeure" refers to all events occurring after the execution of this Policy, which cannot be foreseen at the time of execution, whose occurrence and consequences are unavoidable or insurmountable, and which prevent either party from performing this Agreement in whole or in part. These events include earthquake, typhoon, flood, fire, war, riot, civil unrest, epidemic or government behavior (including but not limited to government embargo of hardware, software, technology related to the Product or Service, etc.), international or domestic transportation interruption, and other events deemed as force majeure under applicable law or general international business practices. Lack of funds by either party shall not be an event of force majeure.
12.2 After the occurrence of a force majeure event: (1) The party affected by the force majeure event shall not be deemed to be in breach of this Policy if it suspends its performance of this Policy within the period of delay caused by the force majeure event, and shall not be liable for the delay or failure to perform its obligations under this Policy caused by the force majeure event; (2) The party affected by the force majeure event shall immediately notify the other party in order to mitigate the loss that may be caused to the other party, and shall provide proof of the occurrence and estimated duration of the force majeure event within 15 working days after the occurrence of the force majeure event; (3) The liability for delay of monetary debts shall not be discharged due to force majeure.
13. Miscellaneous
13.1 Please contact MinerVa service department for the contents not specified in this Policy.
13.2 MinerVa reserve the right of change the cost and other conditions for service, please contact MinerVa service department for most updated information.
13.3 The laws of Alberta, Canada, without regard to principles of conflict of laws, will govern this Policy and any dispute of any sort that might arise.
13.4 Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination hereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement shall be referred to and finally resolved by arbitration administered by the law of Alberta. The arbitral proceeding shall be conducted in the languages of English. The decision and awards of the arbitration shall be final and binding upon the parties hereto.
13.5 If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.
13.6 Compliance with Relevant Terms: the customer shall also follow the terms and conditions provided by our business partners. When the customer using such services, the customer shall also follow the rules, terms and agreements provided by these business partners concerning the specific service (collectively, "Other Applicable Terms").
Contact Information
For any service-related questions, please contact us at support@minervasemi.com.