Terms and Conditions
Order Subject to Acceptance
All orders are subject to approval and acceptance in writing or by electronic record by Partek IT Solutions Inc.(“Seller”).
Acceptance of orders, whether electronic, oral or written, is based on the express condition that Buyer agrees to all of the terms and conditions contained herein. Acceptance of delivery by Buyer will constitute Buyer’s assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Seller unless made in writing or in an electronic record and signed by an officer of Seller. No modification of any of these terms will be effected by Seller’s shipment of goods following receipt of Buyer’s purchase order, shipping request or similar forms containing terms and conditions conflicting or inconsistent with the terms herein.
Minimum Order Charge
Partek reserves the right to apply a minimum order charge to orders under $100.
All prices are net of transportation costs, which shall be borne by Buyer, unless otherwise specified in writing or in an electronic record signed by an officer of Seller, and are subject to adjustment, without notice, to Seller’s prices in effect at the time of shipment. Any increase in transportation rates or any changes in routing resulting in an increase in transportation costs shall be paid and borne by Buyer. Prices payable by Buyer for the Products are specified on the invoice. Seller does not offer price protection. Backordered line items with lead times greater than 14 calendar days may be subject to price adjustment.
Cash discount, if any is indicated, will apply only on the net amount of invoice after deducting transportation charges and taxes thereon, unless otherwise specified, and will be allowed only if taken within the time stated, and provided there are no past due items.
Payment for all orders must be made in accordance with the terms in effect at the time the order was placed. Unless otherwise specified, payment terms are “due at time of invoicing”. All Buyer accounts with “Net” payment provisions shall make assurances to deliver payment to Seller’s offices in Medicine Hat, Alberta within thirty (30) days after the goods are invoiced. All past due invoices shall accrue interest at the rate of 18% or highest amount permittable by law per annum unpaid balance until paid in full. Buyer’s failure to make timely payment may result in such action as revocation of credit, delay or cessation of future deliveries, repossession of unpaid delivered goods or any one or more of these. Notwithstanding any “net” payment provisions specified on the front of the invoice, Seller shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by Seller at any time and without prior notice
Seller shall not be liable for delays in shipment or default in delivery for any reason of force majeure or for any cause beyond Seller’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, terrorist acts, embargoes or martial laws, (b)Seller’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Seller or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Seller’s performance due in whole or in part to any cause beyond Seller’s reasonable control, Seller shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
Buyer shall bear all applicable federal, provincial, municipal and other government taxes or excises of any nature whatsoever now or hereafter levied either directly or indirectly, upon the sale or transportation of any goods covered hereby shall be paid and borne by Buyer. Seller expressly reserves the right to include on the invoice for such sale, or to separately invoice Buyer for all applicable taxes, fees and charges and Buyer agrees that these amounts shall be immediately due and payable.
Delivery Title/Risk of Loss
Unless otherwise agreed in a writing or electronic record signed by an officer of Seller, all delivery dates are estimates and, in no case, shall the Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of Seller’s failure to deliver the goods by the specified date. Delivery of goods to carrier shall be deemed delivery to Buyer, and thereupon title to such goods, and risk of loss or damage, shall be Buyer’s. Any claim by Buyer against Seller for shortage or damage occurring prior to such delivery must be made in writing within thirty (30) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received goods from Seller in the condition claimed. Any claim by Buyer for damage occurring during shipment shall be made directly against the freight carrier, with a copy of such claim forwarded to Seller within thirty (30) days.
Any shipments returned to Seller as a result of Buyer’s unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Seller.
Disclaimer of Warranties
The goods sold or supplied by Seller to Buyer shall have the warranty (if any) of the manufacturer or other supplier to Seller. Seller makes no warranty in respect of such goods or as to the existence or effect of any warranty of such manufacturer or supplier to Seller.
Limitation of Remedies
Seller shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory. Seller’s liability hereunder in any case is expressly limited, at Seller’s election, to repair or replacement (in the form originally shipped) of goods not complying with this agreement, or to the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods. Any claim by Buyer with reference to the goods sold hereunder for any cause shall be deemed waived by Buyer unless submitted to Seller in writing within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach. Any action for claims arising under this agreement must be commenced within one year following delivery of the goods.
Method of Shipment
Seller will use all reasonable efforts to comply with Buyer’s requests as to method of shipment, but Seller reserves the right to use an alternate method of transportation or route of shipment if substantial delay might otherwise occur. In such cases Seller will notify Buyer of such changes as soon as reasonably possible.
Shipping and Handling Charges
Unless otherwise specified all shipping and handling charges are at the Buyers expense. Charges are calculated when order has been processed.
Return of Goods
All returns of any nature must be initiated by the request of a RMA through Partek IT Solutions Inc. Please contact Partek to initiate the process. All approved returns must be accompanied by an RMA number. Partek has a 30 day return policy from date of invoice in which D.O.A units or unopened goods can be returned without incurring a restocking fee. Any unit authorized through Partek as D.O.A. within the 30 day time frame will receive a replacement or credit upon the return of the defective unit(s).The return of unopened goods within the 30 day time frame for the purpose of a refund or exchange will have original purchased items credited back on account once authorized and received back to Partek. The return of unopened goods between 30-90 days from the date of invoice but will incur a 25% restocking fee. Unopened goods must be in received in ‘like new’ condition upon inspection including original packaging and all accessories with any applicable factory seals intact. The return of used or opened goods within the 30 day time frame for the purpose of a refund or exchange will be subject to review from which the product’s return status will either be rejected or approved with a restocking fee of up to 45%.
- Unused/Unopened < 30 Days: No Restocking Fee
- Unused/Unopened 30-90 Days: 25% Restocking Fee
- Used/Opened < 30 Days: Subject to review (Nonreturnable or restocking fee of up to 45%)
- Used/Opened > 30 Days: Not Returnable
Any proposals, prints, brochures, drawings, or other information furnished to Buyer by Seller are intended for confidential use by Buyer, shall remain the property of Seller, and shall not be disclosed or used to the detriment of Seller’s competitive position.
All of Seller’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the Seller’s catalogues, price lists or advertisements are approximate only and intended merely to give a general idea of the goods described therein and shall not form part of this agreement.
Because Seller is continually changing and improving the products it carries, Seller may, at any time, withdraw any good from its current product offering, and Buyer further agrees to accept any substitution in fulfilment of Buyer’s order.
Waiver by Seller of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.
In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
Controlling Law/Legal Proceedings
These Terms and Conditions and any agreement and all rights and obligations hereunder, including matters of construction, validity and performance) shall be interpreted in accordance with and governed by the laws of the Province of Alberta and the laws of Canada applicable therein.
Non-Assignment by Buyer
This agreement shall be binding on the successors and assigns of the parties, but Buyer may not assign, transfer or delegate its rights or obligations under this Agreement without Seller’s prior express written consent.
Rights and Remedies
Not Exclusive. No right or remedy conferred upon or reserved to Seller by this agreement shall be exclusive of any other right or remedy herein or by contract or law provided, all rights or remedies conferred upon Seller by this agreement and by law shall be cumulative and in addition to any other right or remedy available to Seller.
In the event of any default on the part of Buyer hereunder, Buyer agrees to pay any and all collection costs including court costs and reasonable legal fees incurred by Seller, whether or not suit is filed.
Partek Website Hosting Agreement, Terms & Conditions
This website hosting agreement is between Partek IT Solutions Inc. (Partek) (herein PROVIDER) and the party as specified in the website hosting subscription (herein CLIENT).
2. Usage policy
We reserve the right to suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used. In short, we do not allow certain activities to be hosted on our servers:
• No adult content (No Pornography)
• No online gambling
• No Spam, No unsolicited e-mailing
• No Warez, cracks, copyright infringement
3. Server abuse
Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited.
4. Abuse of Traffic and / or Storage
The intention of our hosting plan is to provide a reasonable amount of space to serve web documents, not an offsite storage area for electronic files. All of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our service the following limitations apply to such hosting plans:
• Sites with Banners, graphics or cgi scripts running from their domain used on other domain
• Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)
Traffic and storage on our hosting server will typically go unmonitored. Once you reach 2GB per month of data transfer, extra data transfer costs may be billed to your account. Storage is typically limited to 5GB per site instance. Once you reach 5GB of total website storage, additional storage costs may be billed to your account.
We will be the sole arbiter as to what constitutes a violation of this provision, and will advise if your account is close to breaching those limits.
5. Data Backup
Partek DOES NOT maintain or manage any active backups of your website on a regular basis, unless you subscribe to our Management Plan. You are wholly responsible for maintaining backups of your website on a regular basis. We recommend subscribing to a Website Management Plan to ensure data integrity, website security, and efficient operation of your website.
6. Payment Policy
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. Partek reserves the right to change prices at any time. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. Credit card information may be stored on file and can be auto-billed on the due date of the account. Email notification will be sent to you prior to your hosting renewal date.
We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Partek does not offer refunds once the hosting contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, etc. Due to security concerns, all account cancellations must be made electronically from a valid email account of the primary contact of the account, with the account name, reason for cancellation. Phone requests will not constitute acceptance of any cancellation. If your hosting subscription remains inactive or is not renewed within a period of 90 days after the renewal date, it will be removed from Partek’s Hosting server.
8. Lawful Purpose
We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.
9. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in that Province and will be treated, in all respects, as an Alberta contract.
10. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00).
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider nor the Backend Service Provider are agents for one another. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.
12. DISCLAIMER OF WARRANTIES
NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.