Terms & Conditions
DEFINITIONS:
As used herein, “Client” “You”, and “Your” refers to the party who places an Order or receives any product from HammerFusion, or in any other way enters into an agreement to rent or purchase goods and/or services which is confirmed by and made subject to these Terms and Conditions. “HammerFusion” and “We” refer to HammerFusion, LLC, an Oregon limited liability company. Client and HammerFusion may be referred to herein as “Party” in the singular or “Parties” in the plural. “Purchase Order” means the purchase order, electronic order, or any other order or agreement submitted by Client.
GENERAL:
HammerFusion operates as a 3rd party company and is not affiliated with any of the network providers, smartphones, cellular device or any other handset manufacturers. All logos, images and trademarks are copyright of their respective owners.
By placing any order with us, you certify that the device falls within the exemption of 37 C.F.R. 201.40(b)(3), that you have the carrier's permission to modify the device, or are otherwise authorized to legally modify the device under the laws of your jurisdiction and the laws of the United States. We reserve the right to refuse any order that appears to be suspicious or fraudulent.
If you make a purchase on HammerFusion or any affiliated website, you accept full responsibility for complying with all local, national, and international laws as well as with your carrier's contract agreement and policies. HammerFusion will not knowingly give any advice or provide any service to anyone who wishes to illegally alter a phone.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by these latest Terms and Conditions.
Turnaround times posted on the website or quoted to a Client are an average time and are not guaranteed. Turnaround times may vary from different models, networks, and supplier status.
Orders which have already been sent in for processing cannot be cancelled while in transit.
If the device is unlocked and there is a payment dispute, HammerFusion reserves the right to re-lock the handset and no refunds will be issued.
By using HammerFusion you certify that the device has been acquired legally and not otherwise lost, stolen or still tied to another account.
OUR SERVICE AND TURNAROUND TIMES:
While most of our services are instant and can be returned in a matter of minutes please note that We do not keep stock of all unlock codes for delivery. There is simply too many codes for us to keep track and handle. Depending on the method for retrieving your unlock code, times may vary for turnaround times. You can rest assured that We will do all We can to find your code and fulfill the order as fast as We can but ask for your patience if this should be the case.
While our Remote IMEI Unlock Codes are easy and safe to use, please use at your own risk. We are not liable if you damage your handheld device from improper use.
HARDLOCKING YOUR DEVICE:
Before you purchase one of our unlock codes, it is up to you as the purchaser to check to see if your device is already hardlocked. Hardlocked means your device will be unable to accept one of our “working unlocking codes” as you are out of attempts. Depending on the manufacturer of your device you may have 3-10 tries. We will not refund you if your device is already hardlocked and you have already purchased a code.
CLIENT REQUIREMENTS:
It is the Client’s responsibility to verify the phone which they are unlocking is be compatible with the network they wish to use it on. HammerFusion is not liable if the phone is unable to operate on any particular network.
Some devices may require a Non-accepted Sim card in order to unlock the device. A Non-accepted Sim card is any Sim card which is from a different carrier than the locked device. Please note, it does not have to be active.
If the unlock code has been sent and the IMEI number supplied was incorrect, or if the phone was already unlocked prior to placing this order, HammerFusion reserves the right to refuse a refund.
Some devices have a limited number of attempts to correctly input the code. If the device was previously hardlocked (0 attempts left to input the code) or the phone becomes hardlocked without contacting us first when there are below 5 attempts left, HammerFusion will not issue a refund.
If a custom ROM has been installed on the device, Client may be required to restore the original ROM in order to successfully use the Unlock Code.
The device which is being unlocked cannot be blacklisted, barred, or reported lost or stolen. HammerFusion will not be responsible if the device is successfully unlocked and cannot be used on certain networks due to being blacklisted, barred, or reported lost or stolen.
REFUND POLICY:
If a code cannot be calculated or found for your mobile device, a 100% refund will be issued.
Most of the time a code will be found and will unlock your device. In the rare instance the unlock doesn’t work and We insist the unlock code is correct, you will be required to send HammerFusion video proof of you:
- Pressing *#06# clearly showing the IMEI number of your device; and
- Inputting the unlock code provided in by Hammer Fusion.
- For the Video refund, you MUST contact us first, as different devices have different video requirements. If these requirements are not met, our suppliers with whom We work with may refuse a refund.
If you have an error with the code or are unsure about unlocking your device please contact us immediately for support as our main goal is to unlock your device.
Please allow up to 7 days for any refund to show up on your account.
No refunds will be given if:
Any information about the order provided is incorrect. (Including but not limited to; the IMEI number, model, network, email address, and/or other relevant device information requested).
The phone is hardlocked, meaning an incorrect unlock was previously used in an attempt to unlock the phone. Most phones will begin with at least 10 attempts to enter the correct code. If you are not sure of your phone’s history, please check with HammerFusion first.
No Video is provided, or the video provided did not meet the requirements for your device.
If HammerFusion services have been purchased, absolutely no refunds will be offered if the customer does not consult HammerFusion before unlocking their device elsewhere.
Retrieval of the unlock code exceeded our stated average turnaround time.
Your device was successfully unlocked but the network you wish to use the phone on is not compatible. It is the Client’s responsibility to make sure the device you wish to unlock will be compatible with the SIM card and network you are trying use.
The unlock code has returned but you do not wish to unlock your phone anymore.
The phone was already unlocked prior to placing this order, or if this phone was previously hardlocked (0 attempts left to input the code) prior to placing this order.
REPRESENTATIONS AND WARRANTIES:
THE SERVICES, AS DEFINED HEREIN, ARE PROVIDED IN AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND EXCEPT AS NOTED EXPRESSLY HEREIN, AND HAMMERFUSION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT IS PURCHASING THE SERVICES WITH FULL ASSUMPTION OF THE RISKS ASSOCIATED WITH THIS DISCLAIMER AND ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN NEGOTIATED TO REFLECT THIS ASSUMPTION OF RISK. HAMMERFUSION’S MAXIMUM LIABILITY FOR ANY SUCH DEFECT IS LIMITED TO THE REPLACEMENT OF GOODS WITH RESPECT TO WHICH SUCH DEFECT IS CLAIMED, OR, AT HAMMERFUSION’S OPTION, THE REPAYMENT OF ANY PORTION OF THE PURCHASE PRICE. YOU ACKNOWLEDGE THAT HAMMERFUSION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. IF THE EXCLUSION OF IMPLIED WARRANTIES OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES DESCRIBED HEREIN IS NOT ALLOWED BY LOCAL LAW, HAMMERFUSION’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW UNDER THE TERMS OF THIS AGREEMENT.
LIMITATION OF LIABILITY.
HAMMERFUSION’s liability to Client on any claim, whether based on contract, warranty, tort (including but not limited to negligence, negligence per se, vicarious liability, etc.), strict liability, or any other claim that may arise with respect to the goods or services delivered hereunder, shall in no case exceed the purchase price of the Services or part thereof. In no event shall HAMMERFUSION be liable to Client for any special, punitive, direct, indirect, pecuniary or non-pecuniary, incidental or consequential damages arising out of, or as a result of, the sale, delivery, non-delivery, servicing, use or loss of use of the Services or any part thereof, or for any charges or expenses of any nature incurred, regardless of HAMMERFUSION’s negligence and Client agrees to indemnify and hold HAMMERFUSION harmless from any and all such claims of damage by Client or others.
INDEMNIFICATION AND HOLD HARMLESS.:
To the maximum extent allowed by law, Client agrees to defend, indemnify and hold harmless HAMMERFUSION, its parent companies, subsidiaries, affiliates, and each of their respective employees, members, officers, directors, contractors, assigns and agents for any cost, expense, fee, fine, damage or other liability, including without limitation attorneys’ fees and costs arising out of any actions, suits, claims, arbitrations, investigations, proceedings, demands and/or incidents (“Claims”) in connection with, or arising out of, or are alleged to arise out of, or in connection with HAMMERFUSION’s furnishing of the Services to Client under any Purchase Order, or in any way related to the performance thereof, excepting only those damages, liabilities or costs attributable to the negligence or intentional acts or omissions of HAMMERFUSION, an agent or an employee of HAMMERFUSION.
ARBITRATION:
Any dispute, controversy, claim, breach or alleged breach relating to this Agreement will be submitted to, and settled by, arbitration in Portland, Oregon, pursuant to the procedural rules of the Arbitration Service of Portland, Inc., upon the request of a Party. Any award rendered shall be final and conclusive upon the Parties and a judgment based on that award may be entered in the highest court of the forum, state or federal, having jurisdiction. The non-prevailing party will pay the prevailing party’s reasonable attorney fees and costs incurred in connection with any legal action initiated by either Party in order to enforce the Agreement or any of its provisions, or in connection with any alleged dispute, breach, default, interpretation, or misrepresentation of this Agreement.
GOVERNING LAW AND VENUE:
The laws of the State of Oregon, without consideration of its conflict of law principles, govern all matters arising out of or relating to this contract, including, without limitation, its interpretation, construction, performance, and enforcement. Exclusive jurisdiction and venue in any litigation, including the validity of the arbitration provisions herein, shall lie in the state and federal courts of Multnomah County, Oregon.
PRIVACY:
We are committed to protecting your privacy. We will only use the information that We collect about you lawfully (in accordance with the Data Protection Act 1998). We will never collect sensitive information about you without your explicit consent. The personal information which We hold will be held securely in accordance with our internal security policy and the law. If you have any questions/comments about privacy, please review the full privacy policy and do not hesitate to contact us.
Please note that We may occasionally We may e-mail promotions and special offers to your e-mail address which you may easily opt out of by sending in an request to exclude you from our mailing list.
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