Version 1.3 | Updated 10/05/2017
These Terms and Conditions are attached to and made a part of the Service Order prepared by AppTech Corp. (“AppTech”) and accepted by Client (the “Service Order”) relating to certain cloud services and related information technology services to be performed by AppTech.
- INCORPORATION BY REFERENCE. These Terms and Conditions are incorporated into the Service Order by reference. The Service Order and these Terms and Conditions shall hereinafter be referred to collectively as this “Contract.” Unless otherwise provided, all terms used in these Terms and Conditions shall have the meanings set forth in the Service Order.
- THE WORK. The “Work” is the services described in the Service Order and includes all labor, materials, tools and equipment necessary properly to complete the work.
- CHANGES IN THE WORK. AppTech may recommend, and/or Client may request, additional services, changes to the Work initially ordered, or the purchase by Client of supplies, components, hardware or software. In the event of any such changes agreed to by Client and AppTech, the parties shall revise the Service Order or enter into a new Service Order setting forth the revised Work and fees.
- FEES. Client agrees to pay the total amount of costs and fees set forth on the Service Order, plus any additional costs or fees subsequently agreed upon by the parties, and applicable taxes, to AppTech upon the completion of the Work.
- ACTS OF GOD. AppTech may refrain from performing the Work if it’s technician’s ability to perform the Work is impaired by circumstances beyond the control of AppTech, such as acts of terrorism or adverse weather conditions.
- BACK UP OF DATA. AppTech will not back up any data on your computer or network unless specifically set forth on the Service Order. It is the responsibility of the Client to back up the data, software, information or other files stored on its computers, systems and networks prior to requesting service from AppTech.
- REFUND POLICY. Service Orders are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- END USER AGREEMENTS. If the Work includes installation of any software, Client authorizes AppTech to accept End User License Agreements and similar use and license agreements on Client’s behalf.
- DISCLAIMER OF ALL WARRANTIES.The work and all other goods or services sold or rendered by apptech are provided “as is” without any warranty by apptech whatsoever. apptech disclaims all warranties, express, implied, or statutory, as to any matter whatsoever, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. no oral or written information or advice given by apptech or its employees, technicians or representatives shall create a warranty or in any way increase the scope of apptech’s obligations in respect of the work.
- LIMITATION OF LIABILITY.Apptech shall not be liable to client or to any other third party for any consequential, indirect, special, incidental, reliance, or exemplary damages arising out of or relating to the work or this contract, whether foreseeable or unforeseeable, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including, but not limited to, damages for loss of data, goodwill, profits, investments, use of money, or use of facilities; interruption in use or availability of data; stoppage of other work or impairment of other assets; or labor claims), even if apptech has been advised of the possibility of such damages. Under no circumstances shall apptech’s total liability to client or any third party arising out of or related to the work or this contract the total amount paid by client to apptech regardless of whether any action or claim is based on warranty, contract, tort or otherwise. Apptech is not liable for loss, alteration or corruption of any data or loss of any media.
- GOVERNING LAW. This Contract shall be construed and enforced in accordance with the laws of the State of California.
- MISCELLANEOUS. (a) no modification of the terms of this Contract shall be valid unless in writing and signed by AppTech and Client; (b) should any of the provisions of this Contract be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining provisions; and (c) this Contract, together with the Service Order or any information or documents incorporated herein by reference, shall be deemed to contain the entire agreement between AppTech and Client in respect of the Work contemplated thereby and to constitute the complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral agreements or negotiations with respect to the subject matter hereof being merged herein.