06 Jan 2009
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Please read these terms :
The Harwood Consulting Help Desk looks forward to working with you and your staff in providing technical support.

Please read this Terms and Conditions carefully. Customer must agree and accept this Terms and Conditions before using the Service. This Terms and Conditions shall apply to all Customers unless specified in agreement otherwise.

1. Definition - Unless specified otherwise, the following words and expressions shall have the following meanings:
(a) "Charge" - any applicable charges charged by Harwood Consulting Inc. for providing service including but not limited to software programming, hardware installation, handling charge, late charge and such other fees and charges payable by Customer to Harwood Consulting inc. through using the HCI Help Desk.
(b) "Customer" - means any individual, corporation and any type of entity who had subscribed/registered and use the HCI Help Desk by Harwood Consulting Inc.
(c) "Service" - service provided by Harwood Consulting Inc. such as but not limited to consulting, programming, installation, and project management. (d) "HCI" - Harwood Consulting Inc.

2. Legal Compliance - Customers shall at all times fully comply with all legal and regulatory requirements applicable to the use of the Service, and shall observe all instructions and guidelines as may be imposed by HCI from time to time for the use of the Service. Customer undertakes not to use, whether directly or indirectly, the Service for any purpose which HCI considers improper, immoral or unlawful.

3. This Help Desk provides the customer with pre-paid or post-paid on-site service or remote service (Labor Only). Parts will be billed to the client at the time of the repairs. After our technicians have performed the work they will close the service ticket at which an email will be sent to you notifying you that the issues have been resolved and that the ticket has been closed. If the work has not been done to your satisfaction you have 48 hours to reply with an email so we can reopen the ticket. If we do not receive a ticket within 48 hours we will assume the work has been done to your satisfaction.

4. HCI reserves the right to determine who will respond to a service call based upon suitability and availability of our staff. Each on-site service call will be billed the applicable rate. The client will be provided a service work order detailing the services provided for each on-site service call. On-site service calls are available during normal business hours Monday - Friday 8:00am to 5:00pm. After hours service calls will be billed the regular non-contract hourly rate time 1.5 per hour. Sunday and holiday service calls will be billed at 2.0 times per the regular non-contract hourly rate. On-site service calls will be billed at the applicable rate for your service contract in half hour increments; after a one-hour minimum for each service call.

5. It is the client's responsibility to provide a suitable work environment. Delays in installation caused by the client, their employees or contractors are the sole responsibility of the client and are billed accordingly. Approvals from landlords, property owners or government agencies regarding alterations to the building for cable installations, etc. are the responsibility of the client. HCI will provide the best effort on any requested work. Often support for software or hardware will require calls to the vendor and/or manufacturer of those items. The time taken to acquire support for these items on the client's behalf will be billed as normal charges against the contract. Estimates of the time required to perform any particular project are estimates only and do not imply a contract to only charge that number of hours regardless of how long the project may actually take.

6. Service Date - HCI shall commence or terminate the requested service as soon as possible upon request by customer. However, HCI shall not be liable whatsoever should any of the service cannot be provided or terminated on any specified date.

7. Payment Method - Customer shall make the payment by payment method as instructed by HCI (normally by check in USD, credit card or by WT to HCI). Customer shall be responsible for all the payment transaction cost, if any (e.g. bank charges) and local taxes. All payment made shall be non-refundable, non-transferable, and shall not be used to off-set other payments.

8. Payment for Post-paid Service - Customer shall pay all Charges as stated in the invoice or statement to be issued by HCI. HCI shall be entitled to charge interest on all outstanding amount at the rate of 1.5% per month on a daily basis from the payment due date until all outstanding amount are fully paid.

9. Deposit - HCI may request Customer to pay for a certain amount of deposit in order to approve this Service. Such deposit amount cannot be used to off-set any other payment. Deposit will be applied to the final bill.

10. Termination - HCI reserves the right at all times to terminate or suspend the any Service without giving any prior notice or any penalty cost to Customers or anyone whether or not to carry out system testing, maintenance, repair or otherwise as it shall in its absolute discretion deems appropriate. No refund or credit is available when all or any of the Service is terminated, suspended or down in any matter whatsoever. HCI may also at any time terminate or suspend the Service to Customer without giving prior notice and without limiting any other remedies available to HCI in any of the following events:- (a) Customer is in breach of any terms and conditions regarding the Service; or (b) any outstanding Charges payable by the Customer remains unpaid 15 calendar days after the due date; or (c) any Charges payable by Customer exceeds the credit limit assigned to Customer by HCI; or (d) Customer becomes insolvent, files for bankruptcy, or an order is made or a resolution passed for the liquidation, administration, winding-up or dissolution of the other party (otherwise than for the purposes of a solvent amalgamation or reconstruction) or if an administrative or other receiver, manager, trustee, liquidator, administrator, or similar officer is appointed over all or any substantial part of the assets of the other party or the other party enters into or proposes any composition or arrangement with its creditors generally or anything similar to the foregoing occurs in any applicable jurisdiction.

11. Credit Limit - HCI has the sole discretionary right to determine the credit limit amount assigned to Customer which may be changed from time to time without giving prior notice.

12. Dispute - In case of any disputes over service duration, service transaction or otherwise in relation to the Service, HCI decision shall be final and conclusive. In the event that Customer disputes the Charge stated in the invoice, Customer shall notify HCI within 30 calendar days from the invoice date, failing which such invoice shall be deemed to be accepted by Customer. Customer shall pay the undisputed amount portion to HCI on or before the payment due date. HCI shall charge Customer a handling fee for verifying any details as requested by Customer and to charge interest fee on the disputed amount if it is proven that HCI has billed correctly.

13. Indemnity - Customer shall indemnify and keep HCI, its shareholders, directors, officers, employees, partners, agents, vendors, subsidiary companies, associated companies and any affiliated companies fully indemnified against any action, liability, costs, claim, loss, damage and expenses suffered or incurred by HCI arising from or which is directly or indirectly related to Customer's use or the Service, breach or non-observance of any terms in this Terms and Conditions by the Customer.

14. Liability - Customer agrees that HCI, its shareholders, directors, officers, employees, partners, agents, vendors, subsidiary companies, associated companies and any affiliated companies shall not be held any responsibilities and liabilities to Customer and anyone for any direct, indirect, incidental, special or consequential loss or damages, liabilities and claims, if any, suffered, sustained or incurred by the Customer or anyone in relation to the Service. Customer using the equipment provided by HCI on loan basis shall be liable for the damages or lost of the equipment.

15. Warranty - Any equipment sold to Customer directly from HCI or its authorized dealers for the use of the Service has unless otherwise stated in writing has a 30 day free warranty. Warranty only covers�HCI's labor cost and parts required for repairing the products, and change of parts and products (in case that it cannot be repaired). Warranty does not cover recovery of settings, updates and data backup. Customers are required to do the data backup themselves. HCI shall not be liable for any damages, lost and disclosure of customers' data. Customers are required to deliver the equipment together with the valid receipt/invoice for repair. Customers shall be responsible for all the transportation and delivery cost. Warranty will not be provided without a valid receipt/invoice. Warranty shall not apply to the following cases: (a) Stickers or labels of product serial number, product number, brand name and/or model no. have been removed, altered, damaged or cannot be recognized clearly. (b) Defects or damages arising from misuse, improper testing and installation, modification of any kind, mishandling, accidental lost, abuse, negligence, spillage of food or liquid to the products, or use of products under extreme environment such as extreme temperature, humidity and dust. (c) Defects or damages arising from unauthorized modification of the products. (d) Defects arising from act of gods, riots, electricity and accidents. (e) Natural wears of externally exposed parts of the products.

16. Laws and Jurisdiction - This Terms and Conditions is governed by and construed in accordance with the laws of Florida.

17. Others - Title or clause of this Terms and Conditions is for convenience only and shall not affect the construction of this Terms and Conditions. Words denoting the singular shall include the plural and vice versa. Words denoting any gender shall include all genders. If any provision of this Terms and Conditions shall be held to be invalid or unenforceable by court or regulatory, such invalidity or unenforceability shall attach only to such provision/term. The validity of the remaining provisions/terms shall not be affected thereby and this Terms and Conditions shall be carried out as if any such invalid or unenforceable provision/term were not contained herein.
I agree to the terms and conditions above.


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