User Agreement & Disclaimer
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to the Customer's purchase of hardware, software and/or other products (Item or Items) from Telephony Depot, Inc. By accepting delivery and/or installation of the Item(s) described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH TELEPHONY DEPOT, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER TELEPHONY DEPOT STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Telephony Depot's sole discretion.
1) Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to place an order for Item(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Telephony Depot.
2) Payment Terms
Terms of payment are within Telephony Depot's sole discretion, and unless otherwise agreed to by Telephony Depot, payment must be received prior to Telephony Depot's acceptance of an order. Payment for the Item(s) will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Telephony Depot. Invoices are due and payable within the time period noted by Telephony Depot, measured from the date of the invoice. Telephony Depot may invoice parts of an order separately. Orders are not binding upon Telephony Depot until accepted by Telephony Depot. Any quotations given by Telephony Depot will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
3) Order Cancellation
Order cancellation must be emailed to firstname.lastname@example.org 24 hours of the placement of the order. Cancellations placed after 24 hours or order has shipped will result in a 15% restocking fee.
4) Shipping Charges & Taxes
Prices do not include charges for shipping and handling, and applicable taxes and separate charges for the aforementioned will be shown on the invoice. Telephony Depot is obligated to withhold sales tax for delivery within Pennsylvania, Indiana, and North Carolina. Unless Customer provides Telephony Depot with a valid tax exemption certificate applicable to the hardware/software ship-to location prior to Telephony Depot's order confirmation, Customer is responsible for sales and all other taxes associated with the order.
All orders shipped outside the United States are subject to the following (if applicable to the location and Item(s) shipped): customs fees, brokerage fees, insurance, duty, tariff, and any other fees that are applicable and charged by their country. The Customer is responsible for these fees even if they refuse or return the Item(s).
5) Title & Risk of Loss
Title to products passes from Telephony Depot to Customer on shipment from Telephony Depot's facility. Loss or damage that occurs during shipping by a carrier selected by Telephony Depot is Telephony Depot's responsibility. If a damaged Item is received, please contact Telephony Depot within 15 days of receipt of your order by e-mailing email@example.com calling 215-825-8700. You must retain the original packing materials. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6) Return Policies
Telephony Depot Item(s) purchased directly from Telephony Depot by an end-user Customer may be returned by Customer within 30 days of the date on the invoice. Shipping charges are not refundable. Hardware must be received IN ORIGINAL PACKAGING, and a 15% restocking fee will apply. Customer will be responsible for paying shipping and necessary insurance fees when returning to Telephony Depot. Open Box/Clearance items are non-returnable. In the case of software that has been installed by an Telephony Depot engineer, a request for uninstallation must be emailed to firstname.lastname@example.org within 30 days of the date of invoice, and a 30% service fee will apply.
Telephony Depot hardware comes with a 90-day limited warranty. Warranties do not cover physical damage. The limited warranties applicable to Items purchased from Telephony Depot are included in the documentation along with the Item. Telephony Depot makes no express warranties except those stated in this section and in Telephony Depot's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Telephony Depot will be obligated to honor any such warranties, only upon Telephony Depot's receipt of payment in full for the item to be warranted. Telephony Depot disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Telephony Depot's responsibility for warranty claims is limited to repair and replacement as set forth in Telephony Depot's applicable warranty statement in effect on the date of the invoice. Telephony Depot reserves the right to modify its warranty at any time, at its sole discretion.
All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the software is installed. Telephony Depot does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the end-user license agreement that governs its purchase and use.
8) License to Software
If the Item being ordered is software/applications or digital content, Telephony Depot grants the Customer a license for such Item on a non-transferable, non-exclusive basis to use the object code version of such Software/Applications or Digital Content. For details, refer to the end-user license agreement that governs its purchase and use.
9) Software Technical Support
All Software purchases include 30 days of free technical support starting at the time of purchase. Support is available Monday - Friday from 8:30 a.m. through 6:30 p.m. via phone at +1.215.825.8700 option 2 or via email at email@example.com.
10) Limitation of Liability
Telephony Depot does not accept liability beyond the remedies set forth herein, including any liability for Item(s) not being available for use or for lost or corrupted data or software. Telephony Depot will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
12) Compliance by End User
TELEPHONY DEPOT, INC. IS NOT RESPONSIBLE FOR THE METHOD OF USE OF THE HYLAFAX SOFTWARE BY THE END-USER (CUSTOMER) AND TELEPHONY DEPOT, INC. IS NOT RESPONSIBLE FOR THE CONTENT OF ANY FACSIMILE TRANSMISSION(S) PRODUCED BY THE END-USER (CUSTOMER) UTILIZING THE HYLAFAX SOFTWARE.
It is expressly acknowledged that the end-user (Customer) of the HylaFAX software is solely responsible for compliance with any international, federal, state or local law, statute, regulation, ordinance or rule (Regulations) governing or concerning the transmission of facsimiles, electronic transmissions, telephone calls or voice messages. End-user (Customer) shall indemnify Telephony Depot, Inc. for any costs, claims, and damages that Telephony Depot, Inc. incurs as a result of the failure of end-users (Customer) to comply with any Regulations described in this paragraph.
13) Force Majeure
Telephony Depot shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Terms & Conditions of Sale caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Terms & Conditions of Sale, or any other cause beyond the control of Telephony Depot.
14) Invalidity of Provisions
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Telephony Depot's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of Telephony Depot's rights hereunder, shall not constitute a waiver of any of Telephony Depot's rights or remedies under this Agreement.
16) Governing Law
The Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A.