HYPERTEC SERVICES TERMS AND CONDITIONS

Terms last updated on 06/04/04

Your use of the Hypertec Services web site is governed by the policies, terms, and conditions set forth below. Please read it carefully. By using this site or submitting an order for software, hardware or other products or services to Hypertec Services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this "Agreement"). If you do not agree to these terms and conditions, please do not use this site and do not submit any orders for software/hardware or other products or services to this site. Any such modifications will become effective upon the date they are first posted to this site. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by Hypertec Services. Hypertec Services reserves the right to make changes to this site and to these terms and conditions at any time without notice. Purchaser acknowledges OEM versions of software are intended only for resale with a new PC Hardware and purchaser assumes all liability for compliance with end user restrictions.

Copyright and Trademark Notice
Hypertec Services, the Hypertec Services logo, and the slogans therein are the property of Hypertec Networks. All other marks, names, and logos mentioned herein are the property of their respective owners.
All web pages appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Hypertec Networks, Copyright © 2003, 2004 Hypertec Networks, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Site Content and Information
Hypertec Services' web site contains information, advice, text, and other materials ("Hypertec Services Information") that are provided for your convenience and enjoyment. You should be aware that the Hypertec Services Information might contain errors, omissions, inaccuracies, or outdated information. Hypertec Services makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Hypertec Services Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the Hypertec Services site does not imply endorsement of that product or publication. Hypertec Services is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Disclaimer and Limitation of Liability
Hypertec Services MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOFTWARE, THE Hypertec Services INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE Hypertec Services SITES OR YOUR USE OF THE Hypertec Services SITES GENERALLY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Hypertec Services, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SOFTWARE, THE Hypertec Services INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE Hypertec Services SITES OR YOUR USE OF THE Hypertec Services SITES GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE Hypertec Services RETURN POLICY, Hypertec Services, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES ("SERVICE PROVIDERS") SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE SOFTWARE, ANY SOFTWARE OBLIGATIONS OR ANY ACTION OR INACTION OF ANY PUBLISHERS OF THE SOFTWARE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL Hypertec Services OR ANY OF ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), WITH RESPECT TO THE SOFTWARE, THE Hypertec Services INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE Hypertec Services SITES, YOUR USE OF THE Hypertec Services SITES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER Hypertec Services OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF Hypertec Services AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SOFTWARE, OR OTHER PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE Hypertec Services SITES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

Software and Other Products or Services Ordered through Hypertec Services
The software products available for order through Hypertec Services (the "Software") are distributed on behalf of various publishers ("Publishers") who own or have the rights to provide the software to you. The Software that you order through Hypertec Services is subject to the terms and conditions of the end-user license agreement accompanying such Software (the "End-User License") between you and the Publisher. All of your rights and remedies with respect to your order, purchase, possession, and use of the Software are governed by the End-User License. All maintenance, update, warranty, liability, and any other obligations related to the Software ("Software Obligations"), if any shall be as provided for in the End-User License, or, if applicable, in accordance with Publishers' policies and procedures. Hypertec Services is not responsible for any Software Obligations, and the customer shall have no right of recourse against Hypertec Services for any Software Obligations. All recourse and remedy, if any, for the Software Obligations shall be with the Publisher in accordance with the End-User License, or, if applicable, its policies and procedures.

All other products and services available for order through Hypertec Services, besides the Software (the "Other Products") are distributed on behalf of Hypertec Network Technicians ("Suppliers"), unless otherwise indicated. Except for the Hypertec Services Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the Other Products and all maintenance, update, warranty, liability, and any other obligations related to the Other Products, if any, shall be governed by the applicable policies and procedures of the Suppliers. Hypertec Services is not responsible for any of the foregoing obligations, and customer shall have no right of recourse against Hypertec Services for any such obligations.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Hypertec Services' acceptance of your order, nor does it constitute confirmation of our offer to sell. Hypertec Services reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. Hypertec Services reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $200.00 (CAN) must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order. Price and availability of Software and other products and services offered on Hypertec Services sites are subject to change without prior notice. To the extent we provide information on availability of Software or other products, you should not rely on such information. Hypertec Services will not be liable for any lack of availability of Software or other products you may order through Hypertec Services.

 

Unpaid Invoices

Any invoice that is not paid within 1 week of it being issued will be charged an interest rate of 10% for every two (2) days that the payment is delayed. This does not include invoices which have a payment policy, or if you have contacted us in advance notifying us of your delay in payment. After four (4) weeks of no payment, Hypertec Services reserves the right to cancel your order, or confiscate any items sold under the related invoice.

Privacy Policy
Hypertec Services is committed to protecting your privacy. To make your experience more convenient, we gather information from you. We maintain the privacy of your information and adhere to policies that prevent unauthorized use of your information.

Hypertec Services Privacy Policy Changes
If we decide to change our privacy policy, we will post these changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone.
 

Return Policy (Added June 4 2004)
The return policy is in effect as of June 10, 2004

NOTE: ALL RETURNS ARE CAREFULLY INSPECTED UPON RECEIPT!
All returned packages will be thoroughly inspected in accordance with our published INSPECTION CRITERIA, and a determination will be made if eligibility requirements are met for credit, replacement, exchange or repair. Please be sure to follow these guidelines to avoid any delay or denial of processing your return. Returns processing may take up to 5 business days from the time your return is received.

Returning a DEFECTIVE ITEM
Unless otherwise specified, we gladly accept DEFECTIVE EXCHANGES on products within 30 days of original invoice date. Hypertec Services shall have sole discretion as to the credit method. We may issue a credit, ship a replacement product, exchange or we may repair the item and return it to you.

Manufacturer Restrictions
Some manufacturers have implemented returns restrictions that prevent Hypertec Services from being able to accept returns or offer exchanges, replacements or credits on their products. All support as well as exchanges or replacements for DEFECTIVE merchandise, including within the first 30 days of ownership, must be handled directly with the product manufacturer. Hypertec Services cannot accept any returns nor offer replacement, exchanges or credit for ANY product missing the UPC code. Only the product manufacturer can replace any DEFECTIVE item missing the UPC sticker.

Non-Defective Returns
Returns of NON-DEFECTIVE items that are returnable by Hypertec Services to product manufacturers may, at Hypertec Services' sole discretion, be accepted for return. NON-DEFECTIVE RETURNS MAY BE SUBJECT TO A 15% RE-STOCKING FEE and such returns will be for store credit or refund at Hypertec Services’ sole discretion within 30 days of original invoice date. Please contact us if you have questions about which products are returnable, which products may be subject to a restocking fee or for an explanation of circumstances under which a restocking fee may be charged.

Software And Consumables
SOFTWARE AND CONSUMABLES (TONER CARTRIDGES, INK CARTRIDGES AND DIGITAL MEDIA) ARE NOT RETURNABLE.

Rebates
Products offering mail-in-rebates are non-returnable to Hypertec Services once the rebates have been filed for. Be sure that the product is working and that you intend to keep the product before filing for rebates. Products missing UPC codes from the box are also NOT returnable and will be REJECTED or subject to a restocking fee. If you have any questions please contact us at Hypertec Services BEFORE removing the UPC code from your product.

Step 1: Check Your Return
ALL products being returned must be 100% complete and must be packaged in ORIGINAL PACKAGING. All packing materials, manuals, diskettes, CDs, digital media, blank warranty cards and other accessories and documentation must be included in the original packaging, as provided by the manufacturer. A return will not be processed, or a restocking fee may be charged in the event ANY item(s) included in the original shipment to you is not present in the returned package. Items sent for return consideration will be immediately denied and Hypertec Services' return policy will NOT BE HONORED in the event that a return shipment is received by us improperly packaged, altered or physically damaged
 
ALL ITEMS WILL BE INSPECTED AND TESTED UPON RECEIPT. Any discrepancies including, but not limited to, the following list will result in the package being returned to the customer and credit or replacement will NOT be issued.

The following criteria will be followed in rejecting returns and refusing credit:
Products which are improperly packaged
Products returned to Hypertec Services in non-qualified shipping container
Packages affixed with counterfeit label(s) or affixed with labels exhibiting tampering
Products with any standard certification labels removed (UL listing, capacity, brand name, UPC code)
Products or packages with barcode label removed
Products with SERIAL NUMBER which does not match SERIAL NUMBER on package or invoice (Hypertec Services maintains serial number tracking)
DAMAGE: Cracked components or damage to any circuit boards
DAMAGE: Any dents, scratches, defacement or abuse of base casting
DAMAGE: Torn or punctured tape seals
DAMAGE: Loose, damaged or removed screws/fasteners
Product Categories: CPU’s, notebooks and other items so labeled with a security seal will not be accepted for return  In this case you should look to contacting the manufacturer for support for your product.

Step 2: Contact us for a Return Authorization (RA) Number
Hypertec Services returns will not be accepted at our warehouse without a valid Return Authorization (RA) number. RA numbers will expire after 14 days. Any return we receive without an RA number will be documented and returned to you.

Step 3: Ship and Insure Your Return
We STRONGLY recommend that you FULLY insure the package you are returning, and also that you ship with a reliable courier (and not with USPS or Canada Post). THIS IS FOR YOUR PROTECTION, in the event the package is lost or damaged in transit. We suggest that you use a “traceable carrier” that can provide you with “proof of delivery.” Global Computer shall not be responsible for items returned that are lost or damaged in transit. Postage and handling charges, both to and from our warehouse will be paid by you, the customer, and is non-refundable. At our discretion Global Computer may reimburse shipping charges related to the EXCHANGE of DEFECTIVE products. If you have any questions about shipping reimbursement for DEFECTIVE EXCHANGES please ask the service representative issuing your return authorization for clarification.

IMPORTANT NOTICE: If Your Return does not qualify -
In the event that the product you are returning does NOT meet the requirements described in this document, we will photograph the merchandise and packaging and prepare a detailed summary of our determination to deny the return. The merchandise will then be returned to you. We will also include instructions on how to contact Hypertec Services to discuss alternative resolutions for difficulties with products not qualifying for return or exchange.

Year 2000 Disclaimer
Hypertec Services MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO YEAR 2000 COMPLIANCE OR COMPATIBILITY OF SOFTWARE OR OTHER PRODUCTS SOLD ON Hypertec Services SITES. Hypertec Services EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO YEAR 2000 COMPLIANCE OR COMPATIBILITY OF SOFTWARE OR OTHER PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, SHALL Hypertec Services OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO THE YEAR 2000 COMPLIANCE OR COMPATIBILITY OF SOFTWARE OR OTHER PRODUCTS SOLD.
 

Miscellaneous
This Agreement and any applicable policies and procedures of Hypertec Services, together with those documents, policies, and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Oregon without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Oregon to the rights and duties of the parties. No wavier by either party of any breach or default there under shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or delegate this Agreement or any part of it without Caring Computer Service’s prior written consent. Hypertec Services may freely transfer, assign, or delegate all or any part of this Agreement, and any rights and duties there under, without the requirement of consent. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.