Desert Solutions Terms of Service

General Terms and Agreement for Desert Solutions Web-Site, Products and Services.

Desert Solutions Terms of Service General Terms and Agreement for Desert Solutions Web-Site, Products and Services Agreement: This agreement is binding when executed by Customer and subsequently accepted by S.S. Moore, L.L.C. dba Desert Solutions. The rates and charges provided in the agreement will be effective from the first day of the next billing cycle following Customer's signature date known as the "Effective Date." This agreement is not assignable or transferable by either party without the prior written consent of the other party. Continued usage of Desert Solutions products, services and web-site constitutes agreement to these terms by the user. Customers of other DBA's of S.S. MOORE, L.L.C. (ie. Seasonal Scrubs, RV Spaces & Destinations) are also bound by this agreement. Terms of Service: Billing/Invoicing occurs at the end of the month, and billing cycles are from month to month regardless of the number of days in the month or the actual invoice date. Standard billing terms are monthly, with automatic renew on a monthly basis unless services are terminated according to the provisions of this agreement. Monthly rate will not change without notification from Desert Solutions, however any overage from the current month will be invoiced along with the monthly billing along with any outstanding balances or late fees from previous billings. Payments are due upon receipt, and a late fee of 10% will be assessed on invoices not paid in full within 30 days. (10% on total balance per month will continue to be assessed until paid in full.) Standard of Payment is Month In Advance - meaning you pay for January's service on January 1st. Fees for services are subject to change at the expiration of the initial Term and upon renewal of the agreement. Termination: Either party may terminate the agreement. Please be aware that all accrued payment obligations shall survive the expiration or termination of the agreement. You will be responsible for any and all payments due and owing regardless of termination of the agreement and they must be paid immediately. Cancellation of service - You must provide Desert Solutions in writing with 30 Days notice of the date you wish to end services. Your account will be closed and all payments will be due immediately upon termination of this agreement. Domain Names and Hosting cancellations / transfers must be accompanied by an electronic change request available online at: http://www.desertsolutions.net/dns.html Services will be suspended at 45 days overdue, and will require payment in full of all outstanding invoices and late fees for services to be reinstated. Services will be terminated at 60 days overdue, and will require payment in full of all outstanding invoices and late fees plus any required setup fees for services to be reinstated. Suspension - If your web-site is suspended, it will be taken off-line, and replaced with a standard Desert Solutions page that states The Web-Site Name, and "This Web-Site has currently been taken off line" (or similar) with links back to Desert Solutions sites. There will be no further information regarding you or where your clients may contact you. Termination - If your web-site is terminated, it will be removed from the server, and the server account will be closed. Networking and PC Service contracts that are suspended will not be able to receive service calls or technical support until all invoices and late fees are paid in full. Web-Hosting / Domain accounts that are cancelled will no longer be visible to the World Wide Web, and users will no longer be able to access e-mail or other aspects of their web-site or domain. Desert Solutions will not be responsible in any way for loss of data, business, visibility, or other aspects of a cancellation that is executed either via request or by enforcement of contract terms. Standard Practice: Minimum 15% restocking fee on any return. No refund or exchange on any software items. No guaranty of restock, or higher restock fee may apply outside of 30 days. Consumer electronics restock fee is minimum 20%. No return or exchange on damaged items. All items tested & inspected at time of ship, and must be re-inspected at delivery, call immediately if equipment appears to be damaged or not functional at time of unpacking. Original package and packing materials required for exchange or return. Hardware purchased on time, or "layaway" will be charged a minimum of 15% restocking fee if payment in full is not received by the final date of the agreement. Layaways will be considered "abandoned" after 45 days of no payment received and will be disposed of, sold at a reduced rate, or restocked as we see fit with the costs being derived from the layaways accumulated funds. We will not issue refunds on abandoned Layaways. Gamer Systems and Other special order items will require 50% down because of the costs and unique features of custom systems. These types of items will also carry a higher restock fee of 25% to cover order costs, higher depreciation and the risk factor for the same. Services that are paid "half down" will not receive a refund if the contract is broken or terminated by the customer prior to completion. Services paid for on a monthly basis or combination server/webmaster are not refundable in whole or in part for any reason. The fee is a "flat fee", meaning that you pay one monthly fee no matter what changes or revisions need to be made on your web-site. This is priced to be a benefit to you in contrast to the "per hour" fees that are the alternative. Change and Service requests - Requests that are received via E-mail or Web-site service form will be handled in a timely manner by Desert Solutions. Your request will be treated with importance, and Desert Solutions will attempt to satisfy the request if it is within the scope and means of your agreement. Requests that require that we ask / query additional information forms or other from you will be on hold until such request is satisfied by you. If you do not provide the needed information, forms, or other critical pieces to satisfy the request, the request will be treated as withdrawn by customer and no further change will be made, your project / account will remain as it was prior to the request. Domain Changes - Payment in full of all open invoices plus whatever move request fees must be paid in full prior to any domain changes being completed. There is a charge for website transfer if done by Desert Solutions, and there is a charge for transfer of name if registered by Desert Solutions. Warranty - Refer to the warranty on your invoice. No implied warranty other than what is described. Warranty does not cover software, damage, or viruses. We recommend that you purchase, and maintain current virus software on your systems to help prevent virus activity and problems with your systems and networks. Refer to MFG provided warranty for printers and other MFG Boxed items as we do not warranty these items in addition to the MFG warranty unless specifically described as such on the invoice. Laptop warranty does not cover batteries or software. Warranty repair is based on turn-in for service repair. Warranty does not include on-site service. Customer is responsible for delivery for warranty repair. On-site warranty repair is available, yet it will be billed for applicable service call and labor, though warranty covered parts will remain covered per warranty agreement. Coupons & Gift Certificates: "Free 1 hour Service Call" Coupons will be valid for 1 free hour of tech support service from Desert Solutions. One Athenticated Certificate may be redeemed per customer per invoice and must be redeemed within the alloted expiration period. Gift Certificates and Coupons have no Cash Value and must be redeemed for Products and Services Only as issued. No Cash Refund will be issued. Proof of Purchase (Receipt) and Valid Proof of Eligibility (Your Employer ID) is required for redemption of Gift Certificates. Returns: Desert Solutions reserves the right to final decision on product returns. Our policy is to offer replacement with a product of equal or greater value only. Minimum 3 chances to repair in effect, meaning we will first reserve the right to repair or replace a problem hardware item 3 times prior to allowing for return. Damage, misuse, neglect, viruses, or problems related to software, programs, scripts and other soft media not provided by Desert Solutions will not warrant a return. Trade or restock value will be depreciated 15% for first month, and an additional 2% per month thereafter; alternately due to the volatile market of PC Hardware we will reserve the right to offer restock value at low retail value as determined by a search of published retail rates, and set the restock value at the lower of retail or the described depreciated rate. No refunds for PC's, Laptops, PDA's and other Computer Related equipment after 6 months (180 days). No returns on open Software, Printers, Paper, Consumables, Ink Cartridges, Games, or other MFG Sealed items. Copyrights: It is your responsibility to obtain license or rights to use any copyrighted material (content, images, etc.) that will be used in the development of your website as provided by you. Desert Solutions will not utilize material that infringes on the copyrights of others to use in your web-development project. In the event that you do not obtain license or rights to use any copyrighted material and a lawsuit is filed. You will be responsible for all court costs, fines and any other sanctions that may occur as a result of your failure to obtain the proper license or rights to use any copyrighted materials. Any portion of code or pages that include Desert Solutions design work and development must cary copyright and credit information indefinitely unless approved otherwise by express written consent of Desert Solutions. No portion of code, pictures, artwork, documentation or pages may be sold or otherwise transferred to any other person for review or use without the express written consent of Desert Solutions. Projects are developed for Single Customer, Single Site use. Use of Developed products, code, scripts, or design for other than the original customer, Web-Site, or project is not authorized without the express written consent of desert Solutions. Use of any portion of this code on a different web-site (Different Name, More than one server with a similar name, A different URL, More than one URL, etc.) will be considered a violation of copyright. Desert Solutions, Our affiliates and Resources Copyright, Contact, Credit and Disclaimer information within code must remain intact, and unaltered within the code in their original form and place. Any alterations to code, or pages may cary an appended or "added" copyright that follows the original un-altered Credit / Copyright information within the code / scripts / software provided the use of the original code, scripts and software or the altered version does not vary from the pre-approved use of the same. Any portions of Desert Solutions Scripts, Software, Code or Design must be included in a "cumulative credits" page visible via normal expected navigation from the software or pages no more than one page down from the main page of the software or web-site available to the general public access. We will strongly enforce all copyrights to the full extent of the law. Archives: If you wish to obtain a copy of your web-site for archive purposes, you may request that from Desert Solutions and it will be provided on CD for the purpose of restoring this web-site only for a charge of $25.00 which includes CD burn, shipping and handling within the US. Bad Checks: If your check to Desert Solutions is not honored by your bank, or is returned for any reason, you will be required to pay with Cashiers Check or Money Order and you will be assessed a $25.00 bad check fee. If you do not take care of your bad check with Desert Solutions within 7 days of receipt of formal written notification from Desert Solutions of the insufficient funds, your account will be turned over to a collection agency for bad debt collection or in the alternative, a garnishment may be initiated against you to collect this debt. If your payment was for merchandise or other tangible goods, you must immediately return any item purchased in good condition with all original packaging, documents and accessories for Desert Solutions to hold until funds have cleared. CreditCard Chargebacks: If your credit card transaction is approved, and completed through our payment system, then gets charged back or refused for any reason (Bank Charge Back) other than by Desert Solutions refunding your payment on our end (Credit Card Refund), you will be charged a $25.00 Chargeback fee to cover our bank charges. If your payment was for merchandise or other tangible goods, you must immediately return any item purchased in good condition with all original packaging, documents and accessories for Desert Solutions to hold until funds have cleared. If for any reason you do not settle your overdue account within 90 days, your account will be turned over for collections or a Garnishment of wages may be initiated against you. If your payment was for merchandise or other tangible goods, you must immediately return any item purchased in good condition with all original packaging, documents and accessories for Desert Solutions to hold until funds have cleared. You will be responsible for any reasonable expenses that are incurred as a result of attempting to collect a debt including but not limited to Collection Agency fees, Court costs and attorney fees. Bad Customers: S.S. Moore, L.L.C., Desert Solutions SSM reserves the right to reverse, or not honor any customer discounts, reductions, or other forms of reduced fees that have been given on any customer invoice if it is determined that this customer choses to be rude, spiteful, or in any way berates, or mis-treats our staff. In addition to this, a bad customer fee of $25.00 per incident may be assessed to a customer if the bad behaviour persists. It is our goal to never excercise this rule, however we do inisist that we are in business because we love to do this, and intend to keep it that way. Unclaimed Parts / Product: Items turned in for service, or for testing / evaluation must be picked up (and paid for if applicable) within 30 days. Any un-claimed product will become property of S.S. Moore, L.L.C., Desert Solutions SSM after 30 days and will be disposed of. Data Loss: Desert Solutions will not be responsible for data loss or resulting damages on hardware turned in for trade, service or any other reason. Data should be backed up if possible prior to turn in for service or trade. If you have paid for data backup, Desert Solutions will transfer the data as requested if possible either to a usable media such as floppy, Zip, CD, E-mail file, or to the new PC. If your data transfer is not possible at the recovery level provided by Desert Solutions, your Hard Drive can be sent out for Data Recovery outsource at an additional expense to you at your pre-paid request. Additionally, post data recovery or migration to new machine, it is your responsibility to insure the data you need exists on the media or new machine as required. Trade-ins will be re-formatted and resold as soon as 1 week from date of turn in. No further recovery of data will be possible if not requested prior to reformatting and resale. Any customer who uses his/her/their machine for any type of business use is required to purchase a new HardDrive for a clone method of data recovery to prevent any further data loss possibility from the recovery process, or omissions from the customer of required data. A waiver must be signed to avoid the new hard drive cost. This is also available to home (non business) users, however not required. Condition of Customer Equipment: Desert Solutions is not responsible for damage to customer equipment including cosmetics, plastics, and accessories. - As most parts are picked up, or delivered to us in other than the original protective packaging - it is possible that some transport damage may occur to include scratches and small part damage. It is our policy and our constant commitment to take the utmost care of your equipment and parts, and will strive to return it to you in as good as, or better condition than in which it arrived. We often clean the eqipment of years of buildup of dirt, debris and dust. If any damage is noticed at time of delivery we make an effort to note it on the paperwork, however it is possible that some damage will not be seen. If we suspect that damage may have occured during the repair process, we will make an effort to insure the proper look and function of the parts via repair if possible. Due to the nature of the repair process, and the moving of equipment from one station to another in an as used condition, (reciept, bench, test bed, outgoing) it is impossible to guaranty no transfer damage will occur. General Disclaimer Regarding Hyperlinks: Desert Solutions does not represent or endorse the accuracy or reliability of any of the information, content or advertisements from any of the products or services contained on Externally Linked sites not within this website nor the quality of any products or information or materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection with those web-sites. In no event shall Desert Solutions be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products of any and all advertisers and individuals who utilize the services of Desert Solutions for the purpose of web-design and software development. Desert Solutions encourages you to exercise discretion when purchasing goods and services on the Internet. Suitability: S.S. Moore, L.L.C., Desert Solutions SSM, its agents, contractors, employees and subsidiaries shall not be responsible for liability regarding the suitability of products and services for the customers usage. Desert Solutions presents available viable options and advises that end decision on the best product or service for the customers specific needs is up to the customer to chose. No warranty is made or implied as to the suitability of our products and services for customers requirements. Customer shall indemnify and hold harmless S.S. Moore, L.L.C., Desert Solutions SSM, its agents, contractors, employees and subsidiaries from and against any and all claims, liability, damage, loss, or expense (including attorney's fees) which may arise out of the negligent or intentional acts or omissions of customer, its agents, employees or contractors. Third Party Companies / Reseller Products: S.S. Moore, L.L.C., Desert Solutions SSM, its agents, contractors, employees and subsidiaries shall not be responsible for liability regarding the suitability of products and services for the customers usage or the prices, fees and policies there-of. Desert Solutions presents available viable options and advises that end decision on the best product or service for the customers specific needs is up to the customer to chose. Certain companies including but not limited to: (Starband, Cox, Qwest, for example) set their own pricing, fees, policies, taxes and practices, and we cannot be held liable for that as we only - refer - their services. If we help to quote or set-up an account to any of these services, the account is between the customer and the tird party - not with S.S. Moore, L.L.C., Desert Solutions SSM. Customer is fully responsible to research, question and be aware of these practices & fees prior to agreement to have us setup this service as a reseller / referral. Use of our services a payment for, or signature on our agreement constitutes agreement to this. Services not rendered: S.S. Moore, L.L.C., Desert Solutions SSM, will not be responsible for damages, fees incurred, or any other types of refunds, charges or payments for any work not performed by us. Work by the customer, an agent of, or any other technician or facility on an item will void any responsibility or waranty either written or implied. This includes work that is reccomended by, but not performed by us. Desert Solutions Reserves the right to update these terms without notification. Terms can be viewed online at http://www.desertsolutions.net/terms.html If any part of these terms become unenforceable, the remainder of the terms shall remain in full force and effect. These terms of agreement cover all existing customers and future customers of Desert Solutions SSM