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WestNet Consulting Services, Inc. - Terms and Conditions
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These terms and conditions ("Agreement") apply to your
purchase of computer systems and/or related products and/or
services and support ("Product"). If you do not wish to be bound
by this Agreement, you must notify WestNet Consulting Services,
Inc. ("WestNet") prior engaging with any project.
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1. Other Documents. This
Agreement may NOT be altered, supplemented, or amended by the
use of any other document(s) unless otherwise agreed to in a
written agreement signed by both Client and WestNet.
2. Limited Liability. In no event shall WestNet
or its suppliers be liable for any accidental, consequential,
incidental or indirect damages of any kind (including without
limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary
loss) arising out of project implementation. In no event shall
WestNet's liability for any claims whether in contract, tort or
other theory of liability exceed the purchase price of the
subject products or services, unless such limitation of
liability is otherwise prohibited by law.
3. Requests for Work. Work requested by the
Client (including employees or representatives of the Client),
in written, electronic, or verbal form, is authorized by the
Client.
4. Hourly Work. WestNet may agree to undertake
work on an hourly rate basis and may provide an estimated time
to complete this work. Such estimates are not binding and all
hours designated as performed will be charged at $95 per hour.
If during the course of such work WestNet determines that the
job will require substantially more hours than estimated WestNet
will advise the Client who may then choose not to complete the
task. In this case, all hours spent will be charged to the
Client. The minimum time chargeable for on-site work is one hour
per person per visit.
5. Fixed Price Work (Estimate). WestNet may
agree to perform certain work or provide a software product for
a fixed price in accordance with an agreed specification is
binding and additional or previously unspecified work will be to
the customer's account. A non-refundable deposit of 50 percent
required upon start of work. The second 50 percent of total and
any other costs incurred are due upon completion.
6. Payment Terms; Orders;. Terms of payment are
within WestNet's sole discretion, and unless otherwise agreed to
by WestNet, payment must be received by WestNet prior to
WestNet's acceptance of an order. Payment for the products will
be made by check payable to "WestNet Consulting Services, Inc.".
Invoices are due and payable upon receipt unless you have a
separate agreement with WestNet. Your order is subject to
cancellation by WestNet, at WestNet's sole discretion. WestNet
is not responsible for pricing, typographical, or other errors,
in any offer by WestNet and reserves the right to cancel any
orders resulting from such errors.
7. Late Payment. Late payment will result in
Late Fees, which will be added to the total cost of the project
or work performed. Late fees are follows: A late fee of 5
percent of the amount due will be charged for each month after
one month payment is not received and no further work will be
performed until payment, including late fees, is received.
WestNet reserves the right to remove any Product that has not
been paid for.
8. Cancellations by Client. If any hourly job
is cancelled by the client after commencement, WestNet will
charge for all hours up to that point in time. If an hourly job
is cancelled by the client, any pre-paid work not fully
completed will not be refunded; however the remaining balance
will be credited to the clients account for future utilization.
If any fixed price job is cancelled by the client, WestNet will
retain the initial fifty percent of pre-paid value, WestNet
reserves the right to remove any Product installed during the
project.
9. Return Policy. WestNet offers a return
policy for most products that you purchase directly from
WestNet. Under this policy you may return to WestNet within the
15 days of purchase. Unless the product is defective or the
return is a direct result of a WestNet error, a restocking fee
of 20% may be charged on Products. WestNet's return policies
including but not limited to WestNet's "Return Policies" do not
apply to your purchase of customized Products (including without
limitation, Dell Servers, Desktops and Laptops).
WestNet Consulting Services, Inc.
817 E. Magnolia Blvd.
Burbank, CA 91501
Tel: (818) 288-8282
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