
TEKNX, Inc |
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Terms/Conditions |
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Agreement |
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You (the Customer) are governed by these Terms and Conditions (the "Agreement"). By reading this Agreement, you indicate your assent to be bound by the Agreement, and your acknowledgment of an agreement to its terms. WHEREAS, Customer finds that the Teknx, Inc. is willing to perform certain work hereinafter described in accordance with the provisions of this Agreement; and WHEREAS, Customer finds that the Teknx, Inc. is qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of Customer's business. THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows: |
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Fees and Payment |
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Payment is due upon the date stated and is past due thirty (30) days from the due date stated on the invoice, work order, purchase order, agreement, or general bill for services unless otherwise noted. If you (the Customer) have any valid reason for disputing any portion of an invoice, work order, purchase order, agreement, or general bill for services, you will so notify Teknx, Inc. by mail, or email within five (5) calendar days of receipt, and if no such notification is given, the invoice, work order, purchase order, agreement, or general bill for services will be deemed valid. The portion of the Teknx, Inc. invoice, work order, purchase order, agreement, or general bill for services which is not in dispute shall be paid in accordance with the procedures set forth herein. It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable. Online payments are secured by PayPal without any warranty or liability from Teknx, Inc. For security and general information about online payments please visit PayPal at www.paypal.com. |
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A finance charge of 1.5% per month or the maximum amount allowed by law, shall be charged for all past due balances. Payments by Customer will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by Customer. If payment of invoice(s), work order(s), agreement(s), or general bill(s) is not current, Teknx, Inc. may suspend performing further work. |
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Teknx, Inc. reserves the right to change any prices, fees and credit policies without prior notice. All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using Teknx, Inc. services and products and all applicable taxes, if any. Refunds are issued ONLY with valid claim as determined by an authorized representative of Teknx, Inc. |
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Services |
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We may choose to temporarily change our services or promotional events. We may in our sole discretion change some or all of our services at any time without notice.
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Teknx, Inc. our subsidiaries, employees, joint venture partners and our suppliers provide services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees, joint venture partners and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Teknx, Inc. assumes no liability for any lost or corrupt data, or software/hardware failures of any nature. |
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Pre-paid monthly services include any onsite or remote service, these services are not transferable and cannot be accumulated. To qualify for a % discount (as determined by the agreement), time blocks must be pre-purchased in hourly increments only. |
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Services may be performed by Teknx, Inc., our subsidiaries, employees, joint venture partners and our suppliers via remote connections. Services preformed via remote will use a minimum of 128bit encryption for all connections, unless encryption is unavailable. You understand and agree there may be at times connections without encryption. |
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Teknx, Inc., our subsidiaries, employees, joint venture partners and our suppliers are not responsible for any sensitive data kept on Customers computers or transmitted during remote sessions. It is the sole responsibility of the Customer to keep sensitive data secure. Any and all software and hardware is not included unless stated. |
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| Use of the Remote Login feature by you (the Customer) is provided 'as is' without any warranty or liability. In using the remote login feature you are also bound by the terms and conditions of the software provider. You (the Customer) are responsible for paying all fees associated with using this service and all applicable taxes, if any. | ||
Completion dates/times are subject to approximation and are provided without any warranty expressed or implied. Priority response time is defined as a response within 4 hours during regular working hours only. This excludes nights, weekends, and nationally observed holidays. Emergency services are available 24/7/365 but may incur a longer response time and or additional fees due to availability. |
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Teknx, Inc., our subsidiaries, employees, joint venture partners and our suppliers are not responsible or liable for content placed on any websites designed or updated by Teknx, Inc. It is the sole responsibility of the Customer to provide information, pictures, and/or any other content royalty free without any copyright or legal infringements. |
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Software and Hardware |
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All software and or hardware used, or installed by Teknx, Inc., our subsidiaries, employees, joint venture partners and our suppliers are "as is" and without any warranty or condition, express, implied or statutory. Encryption software is provided without warranty and no liability. Software or hardware installed is for the sole use of Teknx, Inc., our subsidiaries, employees, joint venture partners and our suppliers only unless otherwise stated, any other use by any other party, or affiliation is prohibited and done so without any liability or warranty from Teknx, Inc. |
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Indemnity |
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You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, members, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. |
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Cancellation of Service |
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Onsite Service must be cancelled within two (2) hours prior to start of scheduled service. The Customer must notify Teknx, Inc. by written notice only. Written forms accepted by certified mail, fax, email, or delivered directly to the assigned Teknx, Inc. Service Technician only, all other requests may be ignored. Written forms must include: name of business, name of authorized personnel requesting cancellation, business address, business phone, reason for cancellation, date, and an authorized signature. Failure to meet the written cancellation requirements may result in a non-cancellation and therefore be subject to full payment of agreed services, late payments, attorney fees, court costs, or other costs incurred in collection of delinquent accounts. |
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Monthly Service contracts stated as month to month may be canceled at any time with a required 30 day written notice from the customer prior to cancellation. Written forms accepted by certified mail, fax, email, or delivered directly to the assigned Teknx, Inc. Service Technician only, all other requests will be ignored. Written forms must include: name of business, name of authorized personnel requesting cancellation, business address, business phone, reason for cancellation, date, and an authorized signature. Failure to meet the written cancellation requirements may result in a non-cancellation and therefore be subject to late payments, attorney fees, court costs, or other costs incurred in collection of delinquent accounts. All services will be discontinued on the official cancellation date as determined by Teknx, Inc., this includes but is not limited to remote services, installed software, installed hardware, and any onsite and/or remote services. |
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Communication |
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Teknx, Inc. shall conclusively presume that all communications, including online communications received from you (including your use of the online order form and registration processes) are accurate, complete, and authorized by you as received by Teknx, Inc. You agree not to contest the validity and binding legal effect of those communications. |
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Privacy |
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Teknx, Inc. values you as a customer and your right to privacy. Except as may be otherwise required by law, Teknx, Inc. will exercise commercially reasonable efforts to ensure that your personal information remains confidential and available only to Teknx, Inc., and its employees, agents, and contractors. Teknx, Inc. will not sell your personal information to third parties. |
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Disclaimer of Warranty |
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Teknx, Inc. products and services (including online payments) are provided on as "AS IS", "AS AVAILABLE" basis, and Teknx, Inc. does not provide any assurances of the availability or usability by you of any products and services (including online services). Teknx, Inc. makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any information (including payment information) provided. TEKNX, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE SERVICES, OR OTHERWISE. |
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Liability |
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Teknx, Inc., shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Teknx, Inc. TEKNX, INC. AND ITS EMPLOYEES, REPS, AND OR AFFILIATIONS DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED. NO LIABILITY FOR DAMAGES. |
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Right to Refuse Service |
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TEKNX, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. |
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Amendments/Governing Laws |
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Teknx, Inc. may amend this Agreement at any time. This Agreement may not be otherwise amended except in a written document signed by you and Teknx, Inc. This Agreement shall be governed in all respects by the laws of the State of Arizona. |
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Revised 12/16 |