Thank you for doing business with 24/7 Networks. When you (“Customer”) purchase hardware or software, or hire 24/7 Networks for professional services, Customer accepts and agrees to be bound by 24/7 Networks Terms and Conditions of Sale (“Terms of Service”).
All hardware and software provided under these terms are subject to the warranties provided by the manufacturer as legally and contractually permissible for 24/7 Networks, Inc. (“24/7 Networks”) to pass onto, resell or assign to Customer. 24/7 Networks warrants that its services hereunder will be performed by qualified individuals in a professional and workmanlike manner conforming to generally accepted industry standards and practices, and in strict accordance with all applicable laws, regulations, codes and standards of government agencies or authorities having jurisdiction. 24/7 Networks services hereunder are supported against defects in workmanship for thirty (30) days after installation. 24/7 NETWORKS MAKES NO WARRANTY AS TO THE RESULTS OF ANY SERVICES PROVIDED AND EXCEPT AS SET FORTH IN THIS PARAGRAPH, 24/7 NETWORKS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF 24/7 NETWORKS UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO 24/7 NETWORKS UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT. IN NO EVENT SHALL 24/7 NETWORKS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF 24/7 NETWORKS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
All service prices are based on work being performed during normal business hours (Monday through Friday) or as otherwise mutually agreed by Customer and 24/7 Networks in writing. Security arrangements and access for 24/7 Networks at the Customer’s location will be the responsibility of the Customer. Customer will accompany any 24/7 Networks employee or agent while on-site at Customer location.
All prices are based on site implementation work being performed at Customer locations. Installation service prices are contingent on the assumption that 24/7 Networks will be provided with a complete list of the installation sites at least two (2) weeks prior to the commencement of the project, and that 24/7 Networks will be allowed complete flexibility to build and control the schedule of site implementations. Cancellations of scheduled site visits by Customer will be provided to 24/7 Networks in writing no less that five (5) business days prior to such scheduled site visit. If the scope of work or the number of devices/office locations to be implemented changes at the Customer’s request from that specified in the 24/7 Networks accepted Customer order, then prior to accepting any such changes 24/7 Networks reserves the right to review and change those terms of any related accepted Customer order, including, without limitation, pricing and any delivery requirements that are affected or impacted by such request.
Any software provided under these terms is subject to the license terms that are provided with it. All software license terms are established directly between the Customer and the owner or manufacturer of the software. Unless 24/7 Networks is identified as the owner or licensor of the software, 24/7 Networks is not a party to any software license terms and 24/7 Networks makes no warranties or representations related to the ownership, use or operation of the software.
GOVERNING LAW AND JURISDICTION
Each sale and other transaction between Customer and 24/7 Networks made under this Agreement will be governed by the applicable state laws for the 24/7 Networks location specified in the applicable Quote, excluding any conflict of laws rules that may apply in such state. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the applicable court in the aforementioned 24/7 Networks location and each party submits to the jurisdiction thereof. Customer waives any defense to the validity or enforceability of this Agreement arising from any electronic submission of it to Customer.