netEkert Solutions Terms of Service
1.1 YOU/YOUR means the person contacting netEkert Solutions through customer and/or anyone who authorizes access to the computer system to be serviced.
1.2 WE/US means netEkert Solutions, its subdivisions, affiliates and agents
1.3 Hardware means any physical equipment directly involved in the performance of data-processing or communications functions.
1.4 Software means the programs, routines, and symbolic languages that control the functioning of the hardware and direct its operation software products whether owned by customer or licensed directly to customer from a third party.
1.5 Peripheral means any device with an external connection to the computer system such as printers, monitors and scanners.
1.6 Product means any hardware or software.
2.1 YOUR Responsibility: YOU UNDERSTAND AND AGREE THAT PRIOR TO CONTACTING OR ALLOWING US TO PERFORM ANY DIAGNOSTIC OR REPAIR ON YOUR COMPUTER, IT IS YOUR RESPONSIBILITY TO BACK-UP THE DATA (FILES, SOFTWARES, OR ANY INFORMATION) STORED ON YOUR COMPUTER SYSTEM. YOU ACKNOWLEDGE AND AGREE THAT NETEKERT SOLUTIONS, ITS SUBDIVISIONS, AFFILIATES AND AGENTS SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCE FOR ANY LOSS OR CORRUPTION OF DATA.
2.2 Limitations to service: At any time,WE reserves the right to refrain from providing any or all services ordered and instead refund the customer's payment, wholly or in part, and shall not be responsible under any circumstance for any loss.
2.3 Authority: YOU should provide US with the name(s) of authorized person to direct our services and questions. Also, an adult must be present at all times for US to provide any service on-site. If not available, no service will be provided and a displacement fee will be billed.
2.4 Access: WE must receive full access to the computer(s) and/or peripheral(s) to be serviced, YOUR consent and cooperation to enter YOUR premises, a safe working environment with working space and electrical power. If not available, service may be denied and a displacement fee will be billed.
2.5 Assumptions: WE assume that all computer system and software keys are legal and legitimate. All hardware, software and peripherals are assumed to be free from defect and viruses unless clearly stated by YOU. Any damage arising is YOUR responsibility and YOU will keep US free from any proceeding.
3. Warranties and Return Policy
3.1 Service: Warranty on services applies during twenty (20) days following the invoice date unless stated otherwise on the invoice. Warranty will be provided by any means reasonable and practical under the circumstances as determined by US.
3.2 Products: warranty is covered through manufacturer’s warranty terms and conditions. At its own discretion, WE may assist YOU in claiming the warranty but may apply standard billing rates for services.
3.3 Exclusions: Service warranty excludes any damages caused by YOU. For example: abuse, misuse, accidents, problems with electrical power, tampering of the products, use of products not supplied by US, damage resulting from moving the product, usage not in accordance with instructions for the product; failure to perform required maintenance or the performance of maintenance by anyone else than US, damage caused by modifications, changes, additions or attachments of any product, damage caused by failure to provide a suitable environment for the Product or Peripheral, or damage caused by use of the Product or Peripheral for purposes other than those for which it was intended, damages caused by viruses, malwares, spywares contained in the products used or contracted through the internet or any other means.
3.4 Loss of warranty: if any product is added to the system and not installed by US all of Warranties will be null and void.
3.5 Third party agreement: YOU acknowledge and agree that YOU are responsible for compliance with all applicable licenses or other agreements with respect to Software. YOU further agree that any request by YOU for installation of Software by US shall constitute YOUR representation and warranty that YOU have the right to use the Software in the manner in which it is then being used, and WE shall have no liability whatsoever for breach of any license or other agreement between YOU and any third party, and YOU agree to indemnify and hold US harmless from any and all liability, damages, costs and expenses arising out of the breach of or noncompliance with any such third party agreement.
3.6 Manufacturer warranty: YOU acknowledge and agree that the performance of certain repair services by US may void certain warranties provided by the manufacturer YOU understand and agree that by giving US YOUR authorization to perform the repair, YOU will lose these warranties and that WE will not carry any liability for them.
4.2 LIMITATION OF REMEDY: BY REQUESTING SERVICES FROM NETEKERT SOLUTIONS, ITS SUBDIVISIONS, AFFILIATES AND AGENTS YOU AFFIRMATIVELY RELEASE AND HOLD US HARMLESS FROM AND AGAINST ANY PROCEEDINGS FOR LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER. FOR THE LIABILITES NOT WAIVABLE UNDER ONTARIO LEGISLATION, WE LIMITE OUR LIABILITY TO THE FEES WE CHARGED.
4.3 Severability: The terms stated herein are declared to be severable. If any provision of contained herein is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
5. Prices and Payments
5.1 Prices: Any prices contained in any quotation, purchase order or contract are subject to all applicable federal and provincial taxes, and YOU are responsible for them.
5.2 Payment: Fees due for orders for Service, Software and Hardware may be treated as separate orders. Software and Hardware fees may be due before installation or time of service.
5.3 Late fees: Surcharges for late payments will be charged after fifteen (15) days from the date of invoice. The rate of 5% per month will be charged on accounts past due. If still not paid after six (6) months from invoice date, netEkert Solutions will place the matter in Collection and pursue settlement in courts.
This website is operated and registered in the province of Ontario, Canada. Any dispute will be subject to the laws of Ontario, settled in Ontario, Canada through an arbitrator selected from ADR Institute of Canada. Outside Canadian jurisdiction the International Chamber of Commerce arbitration process will prevail.
All content of this website are protected by copyright and other proprietary rights. Without a written authorization you may not copy, modify, remove, delete, publish, transmit, distribute, reuse, repost, "frame", sale, lease or rent in any way any content, in whole or in part of this site.
Some links to third-party sites are provided for your convenience, netEkert Solutions makes no representation or warranty as to their fitness for any particular purpose.
We reserve the right to change our policies at any time. You should visit the Legal Term portion of our site to get the most up to date conditions.
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