TERMS AND CONDITION

Copyright
OTS, Inc. (“the Company”) owns and
operates this web site (the “Site”) and
the services available on this Site. All
content included on this Site, including
text, graphics, logos, buttons, icons, and
images, is the property of OTS, Inc., its
licensors or its content suppliers, and is
protected by U.S. and international
copyright and trademark laws. The
compilation (meaning the collection,
arrangement and assembly) of all content
on this Site is the exclusive property of
OTS, Inc. and is protected by U.S. and
international copyright laws. All software
used on this Site is the property of OTS,
Inc. or its suppliers and is protected by
U.S. and international copyright laws. The
content and software on this site may be
used as a resource for the Company’s
customers. You may not copy, publish,
distribute, create derivative works of, or
commercially exploit the content of this
Site, or use this Site for any other
purpose.
Trademarks
OTS, On-siteTechSupport.com are
trademarks and / or servicemarks of OTS,
Inc. All other trademarks, product names,
and company names and logos appearing
on this Site are the property of their
respective owners.
Disclaimer
THIS WEB SITE AND THE INFORMATION,
SERVICES, PRODUCTS AND MATERIALS
CONTAINED ON THIS WEB SITE ARE
PROVIDED ON AN “AS IS” BASIS WITH NO
WARRANTY. OTS, INC. DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEB SITE AND THE
INFORMATION, SERVICES, PRODUCTS
AND MATERIALS ON THIS WEB SITE, TO
THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. IN NO EVENT WILL
OTS, INC. OR ITS SUPPLIERS BE LIABLE
FOR DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS WEB SITE OR ANY
GOODS OR SERVICES OBTAINED ON THIS
WEB SITE, INCLUDING DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES (EVEN IF OTS,
INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), TO THE
FULLEST EXTENT PERMITTED BY LAW.
All information contained on this Site,
including information relating to technical
services and or solutions, is for
informational purposes only. It is often
presented in summary or aggregate form.
It is not meant to be a substitute for the
advice or services provided by certified
technical staff.
Any links on this web site to web sites
operated by third parties are provided for
your convenience only. We are not
responsible for the content and
performance of these web sites or for
your transactions with them and our
inclusion of links to such web sites does
not imply any endorsement of the
material on such web sites.
Changes and Applicable Law
We reserve the right to make changes to
our Site and the policies and conditions
that govern the use of our Site at any
time. We encourage you to review the
web site and these terms periodically for
any updates or changes. Your continued
access or use of our web site shall be
deemed your acceptance of these
changes and the reasonableness of these
standards for notice of changes. Use of
the On-sitetechsupport.com web site and
purchases of any products or services
from On-sitetechsupport.com shall be
governed by and construed in accordance
with the laws of the State of California,
without giving effect to its conflict of law
provisions. You agree that any legal action
or proceeding between you and On-
sitetechsupport.com shall be brought
exclusively in a federal or state court of
competent jurisdiction sitting in San
Diego, California.
General Service Terms and Conditions
On-site Tech Support [OTS] thanks you for
your business. We look forward to
helping you today and for many years to
come. As with any relationship, we
believe things work more smoothly when
we agree on how business will be
conducted. Please complete the following
Agreement. You are referred to in this
agreement as “Client.”
Client and OTS agree to comply with the
following terms:
TERMS OF SALES AND CREDIT
1. All labor charges are non-refundable.
2. Licensed software is not refundable.
3. All hardware is sold with a manufacturer’s
warranty. OTS provides no additional
warranty.
4. All merchandise remains the property of
OTS until paid in full.
5. All merchandise provided by OTS may be
returned within 30 days. There is a 20%
restocking fee on all items except special-
order items. Special order items are non-
refundable.
6. All merchandise over $100 will be prepaid
by check or credit card.
7. Invoices are due and payable to OTS upon
completion of work.
8. There is a $25 charge on returned checks.
9. All unpaid invoices that are not in dispute
will be considered past due and assessed
a late fee of 5% of the invoiced sum, but
not less than $25, after fifteen (15) days
from the date of invoice. Any invoice not
paid within thirty (30) days after the date
of invoice shall beassessed a finance
charge of eighteen percent (18%) per
year, and may be sent to collections.
10. Cost of collections, including reasonable
attorney’s fees, shall be borne by the
client.
11. OTS will not perform services for clients
with past due balances. This includes but
is not limited to emergency services, and
materials until the account is brought
current, regardless of previous service
requests. Notwithstandnig anything to
the contrary, in no event will OTS be
liable to Client for incidental,
consequential or liquidated damages.
12. OTS shall not be bound by any terms or
conditions printed on a purchase order,
check, or correspondence from client
without prior written acceptance of such
terms.
13. Quotations and responses to requests for
quotations do not include the price of
sales tax or shipping unless these items
are explicitly stated. Client is responsible
for the cost of sales tax and shipping of all
merchandise.
14. OTS does not guarantee the price and/or
the availability of product and/or services
quoted.
LIMITATION OF LIABILITY
OTS warrants to Client that the material,
analysis, data, programs, and services to
be delivered or rendered under this
Agreement will be of the kind and quality
designated and will be performed by
qualified personnel.
OTS offers no guarantees or warranties,
express or implied, as to system
availability and functionality during any
phase of its support services and makes
no guarantees or warranties, expressed or
implied, regarding the ability to resolve
computer-related problems, to recover
data, or to avoid losing data. OTS makes
no other warranties, whether written, oral
or implied, including without limitation
warranty of fitness for purpose of
merchantability.
All liability to Client arising out of the
subject matter of this Agreement shall be
limited to the total dollar amount of
services paid by Client to OTS in the
previous three full months. In no event
shall OTS be liable for special or
consequential damages, either in contract
or tort, whether or not the possibility of
such damages has been disclosed to OTS
in advance or could have been reasonably
foreseen by OTS. In the event this
limitation of damages is held
unenforceable, then the parties agree
that by reason of the difficulty in
foreseeing possible damages, all liability
to Client for special or consequential
damages shall be limited to Five Hundred
Dollars ($500.00) as liquidated damages
and not as a penalty.
Questions or Comments
If you have any questions about these
Terms and Conditions of Use, please
submit your questions by e-mail to: .

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s