Standard Terms and Conditions
Overview
This website is operated by iSAFE Complete Managed Services (iSAFE). Throughout the site, the terms “we”, “us” and “our” refer to iSAFE. iSAFE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here collectively referred to as “Terms”.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Conditions of Service
The following terms and conditions will apply to all services provided or to be provided by iSAFE Complete Managed Services to the person, corporation, partnership or other entity who requests the provision of such services or for whose benefit such services are to be provided (“Customer”), regardless of whether the order for such services was placed in written form or by submission of an on-line form. To the extent that the Services include any installation, upgrade or configuration of Customer’s computer system or network or any part thereof, the system or network as installed, upgraded, or configured by iSAFE is referred to in these terms and conditions as the (“System”). Except as otherwise agreed in a written contract in effect between Customer and iSAFE Complete Managed Services for the provision of the Services.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices, Products and Services
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Physical products purchased through our web site which are fulfilled by third party vendors are subject to the Return Policy of the vendor providing the hardware. Some products such as web design and managed services, may include products or features for which there is a delay in fulfillment, during the onboarding, or design process.
For web site design projects, the expected implementation time for all services is 90 days after all requested project information and content has been provided by the customer. Services not implemented until the site design is complete include backups and CDN (Content Delivery Network) for example, as these services could slow down the actual development of the site. No refunds or prorating of such services shall be provided, regardless of the implementation time required so long as the site design and implementation is completed within 90 days of the customer providing all requested information and content. Backup and CDN were provided as examples but in no way express or should the customer conclude that these are the only two services for which a delay in implementation might apply.
For managed services, the expected implementation time is 2 days for each covered user. A customer with 7 users can expect about 14 days implementation time for all services. Some features and licenses included with various levels of Managed Services are provided as needed and may not be implemented in every scenario. Local Backup for instance would not be implemented in a scenario where no on-site file server, or NAS (Network Attached Storage) drive was in use. No refunds or prorating of such services shall be provided, regardless of the implementation time required so long as the implementation is completed within the timeframe calculated based upon the number of covered users. Other services such as Password Management may be available, but not in use depending on the customer preferences. Backup and Password management were provided as examples but in no way express or should the customer conclude that these are the only two services for which a delay in implementation might apply or that may not be applied due to application in the scenario, or by preference of the customer.
Limitation of Liabilities
iSAFE shall perform all Services hereunder in a good and workman like manner in accordance with industry standards. iSAFE hereby warrants that the provision of the Services shall meet the requirements and perform the operations and functions in accordance with and as set forth in the Order. iSAFE’s SOLE AND COMPLETE LIABILITY IN THE EVENT OF ANY CLAIM BY CUSTOMER HEREUNDER SHALL BE TO REMEDY, WITHIN A REASONABLE PERIOD AFTER RECEIPT OF WRITTEN NOTICE OF SAME FROM CUSTOMER, ANY DEFECT OR FAILURE RESULTING FROM A BREACH BY iSAFE OF ITS OBLIGATIONS AND WARRANTY UNDER SUB-CLAUSES AND ABOVE.
IN NO CASE SHALL iSAFE BE LIABLE TO CUSTOMER UNDER ANY ORDER, OR IN CONNECTION WITH THE SERVICES, FOR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (SUCH AS LOSS OF PROFITS), EVEN IF iSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, iSAFE DOES NOT WARRANT THAT THE OPERATION OR USE OF THE RESULTING SYSTEM WILL BE ERROR FREE AND UNINTERRUPTED. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, WHERE DAMAGES ARE RECOVERABLE ARISING OUT OF THE ORDER OR THE SERVICES, WHETHER OR NOT THE CLAIM IS MADE PURSUANT TO THIS AGREEMENT,
iSAFE’s LIABILITY TO CUSTOMER SHALL UNDER NO CIRCUMSTANCES EXCEED THE SUMS PAID BY CUSTOMER AS THE PRICE OF SERVICES RENDERED. IN NO CASE SHALL iSAFE BE LIABLE TO REMEDY ANY DEFECT OR FAILURE TO THE EXTENT THAT THE SAME ARISE OUT OF MODIFICATIONS, ADDITIONS OR OTHER ALTERATIONS MADE TO THE SYSTEM BY THE CUSTOMER OR BY ANY THIRD PARTY. Under no circumstances shall iSAFE be held responsible for loss of data.
Payments
Unless otherwise indicated invoices shall be payable upon completion of Service. Invoices for which payment has not been received by the due date indicated on the invoice are considered past due and are subject to applicable finance charges. If payment is not received within 30 days of the invoice date a 19% finance charge will be assessed on overdue balance(s). Minimum finance charge is $5.00. If payment is not received within 90 days of the invoice date a 19% finance charge and a $5.00 per day late penalty will be assessed on overdue balance(s). Customers agree to pay a $20.00 charge for each returned check and all collection costs including legal fees if applicable. No finance charge will be incurred if payment is received prior to due date.
ISTAM Computer Services, Inc. reserves the right to suspend service to Customer thereunder if Customer is in default in payment of any invoice or if ISTAM Computer Services, Inc. has a reasonable basis to believe the Customer is unable to make payment for services delivered. In the event of a default with respect to the payment or any part thereof Customer shall be liable for all of ISTAM Computer Services, Inc.’s reasonable attorney’s fees, including all costs, disbursements and fees incurred in the collection of any amounts due.
Systems dropped off but not claimed by customer in default thirty (30) days after completion of services and with failure by customer to make payment arrangements shall become the sole property of ISTAM Computer Services, Inc. and may be donated to a charitable organization or sold to reimburse iSTAM Computer Services, Inc. for the cost of services rendered. Systems which are not picked up within 60 days of the invoice date are subject to a storage fee.
Subscriptions services are automatically billed to your payment card each month. You hereby consent to allow iSAFE Complete Managed Services to automatically bill your payment card each month for all subscription-based services. Additional services, projects, or other orders that are not paid within 15 days of the initial invoice, shall be automatically charged to the customer’s default payment method on file. To prevent this from happening it is the customer’s responsibility to contact our office within 15 days of the initial invoice to express any disputes or make other payment arrangements.