Terms of Service
DEFINITIONS AND INTERPRETATION
In these Conditions, the Rate Schedule and every Quote, Order, Plan contract, or other arrangement in connection with the supply of Goods or Services by Dexcore LLC the following words have the following meanings:
“After Hours” means from 7:00PM – 7:00AM Monday to Friday and 6:00PM – 8:00AM Saturday and Sunday, including Public Holidays;
“Business Hours” means Monday to Friday from 08:00AM to 7:00PM excluding Public Holidays;
“Client”, “You” or “Your” means a person who seeks or obtains a quote for, or who orders, Goods or Services from Us, and includes both a person whose name is on the Order or on an email attached to which is an order, a person who places an order, and a person on whose behalf an Order is placed or on whose behalf it appears and order is placed, and in any case each of their heirs, successors and assigns;
” Us”, “Our” or “We” means Dexcore, LLC and its heirs, successors and assigns; and
“Rates” means the hourly rates and other charges for Services (including any call-out fees and any Return/Cancellation Fees) set out in the Rates Schedule, a Plan, Plan Schedule, Quote, contract or arrangement entered into by Us and You or in these Conditions, and includes any monies payable to Us on a quantum meruit basis for any work it has done;
“Rate Schedule” means the schedule of rates, charges and conditions for the services of Ours as set, and as may be varied, by Us from time to time in its absolute discretion without notice to You;
“Conditions” means these terms and conditions;
“Goods” means any goods and/or services sourced by Us or provided by Us in connection with any such goods and/or services including computer hardware and Software and any goods or services provided in connection with any of those things;
“Order” means any order requested by You to Us for Goods or Services in any form;
“Quote” means a quote provided to You by Us;
1. Applications of These Conditions
Unless otherwise agreed by us in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You.
The invalidity or enforce-ability of any one or more of the provisions of this Agreement will not invalidate, or render unenforceable, the remaining provisions of this Agreement.
2. Variation Of These Terms And Conditions
We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions on Our website. You accept that by doing this, We have provided You with sufficient notice of the variation. We are under no other obligation to notify You of any variation to these terms and conditions.
Goods and services
• Term and effect: Quotes will only be valid for 14 days unless otherwise specified in the Quote. A Quote is merely an invitation to You to place an Order with Us and the acceptance of a Quote by You will not create a binding contract between You and Us.
• Once a quote has been confirmed by Us, then the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as both parties agree with the final price after any last changes requested by You.
• The price in the final quote may vary from the original request if there is any price or product changes requested by You. We reserve the right to alter product and prices in the quote, as long as the quote has not been confirmed with You.
• Quotes and estimates shall be deemed to correctly interpret the original specifications and are based on the cost at the time the quote or estimate is given. If You later require any changes to the quotes, and We agree to the changes, these changes will be charged at Our prevailing rate.
• In the event that products in the Quote are subjected to any price and supply fluctuations that is outside of Our control We reserve the right to update the price and product in the Quote accordingly. If a product has undergone a price drop or a price increase, the Quote will then be adjusted accordingly. If there is a product that is no longer available, the product will then be replaced or substituted based on Your request and is subject to Your final approval.
• Pricing on products are subject to Price and stock fluctuations and can only be confirmed once the Quote is signed and turned into an Invoice. While We endeavor to honor every price quoted, if there is a price increase that is beyond our control, We reserve the right to increase the price as necessary.
• Once a Quote has already passed the expired date, We may cancel the quote or estimate without having to notify or receive an approval from You.
• We do not keep inventory and as such only order items once we receive a completed order from a client. If You would like to return an item or cancel an order, a restocking fee may apply. We will need to get approval from the distributor that the stock is returnable before being able to issue a refund as not all products can be returned.
• Orders: You may place an Order for hardware or software with Us. We will require that You have completed Customer information form from us with Your details, including Your full legal name, business name, address, tax ID and billing info.
• Approval of Orders: You will need to sign the Order or have it duly executed on Your behalf, unless the Order is sent by email, in which case the Order will be treated or deemed as if signed by or on behalf of You by the person whose name appears as the sender of the email or submitter of the form.
• No obligation to deliver: We are not obliged to deliver any Order until we have received payment in clear funds from You for the Order, and any related shipping costs.
• Cancellation of Orders: You will not cancel an Order unless We agree to do so in writing in Our absolute discretion. You acknowledge that, among other things, We cannot cancel an Order once the manufacturer or supplier has shipped the relevant Goods and that such shipping often occurs the same day as the Order is placed by Us.
• Processes and Procedures: We have processes and procedures that We follow in the course of the provision of Our Services and the supply of Goods. You agree to co-operate with Us and to comply with such processes and procedures as advised to You from time to time.
4. Pricing and Rates
• Vary Rates: We reserve the right to vary any Rate and/or the Rate Schedule from time to time (subject to any fixed pricing for specific periods in any Plan), in its absolute discretion and without notice to You.
• Return/Cancellation Fee: Where We arrange a return or refund on behalf of You, or where an Order is cancelled by You after acceptance by Us, We may charge You a Return/Cancellation fee to cover the administration costs to Us in processing the return or refund, or in processing the Order, the cancellation and any refund. We may deduct the Return/Cancellation fee from out of any moneys otherwise due to be refunded to You by Us.
• Change in underlying costs: Without prejudice to any other rights of Ours under these Conditions, where there is any increase in the underlying costs incurred by Us in connection with the supply of Goods or Services to You, We may, in our absolute discretion, vary any of Our Rates.
• Pre-Paid Blocks of Service: Where You agree to buy Pre-Paid Blocks of Service during a Period, payment must be made in advance for the Pre-Paid Blocks of Service at the rate applicable pursuant to the Rates Schedule for all Services. Each such rate being less any discount agreed in writing between Us and You in respect of the
Pre-Paid Blocks of Service. Services included in a Pre-Paid Block of Service rate during the Period:
• are calculated in accordance with the applicable minimum time periods and increments set out in the Rates Schedule; and
• are only provided by Us during the applicable Period, Where Services are provided for a specified Period:
• the Services remaining unused for that Period cannot be rolled over into any subsequent Period; and
• We are not liable to refund, reimburse, pay damages or otherwise compensate or indemnify You in respect of those unused Services.
• We may subcontract any or all of the Services to be performed, but shall retain prime responsibility for the Services under these terms.
6. Delivery, Title and Risk
• Delivery liability: We will use all reasonable endeavors to dispatch Goods by the due date, but do not accept any liability for non-delivery or failure to deliver on time where this is caused by circumstances beyond the reasonable control of Ours, including, for example, due to failures in supply to Us or delays caused by third parties, such as delivery companies or manufacturers.
• Availability to accept delivery: You must be available to accept the Goods at Your nominated delivery address during Business Hours unless otherwise arranged
• Passing of Risk: Delivery is deemed to take place when the Goods are delivered to Your nominated address, whereupon risks of loss, breakage and all damage and all other risks pass to You. Nothing in this clause 6.3 will affect title to the Goods.
7. Returns and Claims for Goods and Services
• General Returns Policy: Notwithstanding anything in these Conditions, You acknowledge that We supply Goods subject to all applicable conditions, including returns and claims policies, of any relevant manufacturer or supplier. You will accept Goods subject always to these Conditions and the terms of such conditions and will indemnify and hold Us harmless in respect of any further or other obligation or any failure or default on the part of that manufacturer or supplier.
• Return costs: You will pay all costs and expenses incurred by Us in arranging the return of the Goods to a manufacturer or supplier and/or the cancellation of any related services unless that manufacturer or supplier pays such costs
• Consequences of use, installation, customization or sale: You will indemnify and hold Us harmless in respect of all allegations and claims in respect of Goods once such Goods have been used, installed, customized or re-sold by You (without prejudice to the recourse of such a customer to the manufacturer of the Goods)
8. Computer Utility, Functionality and Fitness for Purpose
• Service limitations given the science of computing: You acknowledge that a reasonable incident of the Services may involve trial and error and that it is a science applied often in novel or unknown circumstances and involving experiment. In particular, You acknowledge that the Services may involve tests, troubleshooting, advice and recommendations that may prove incorrect or inappropriate, particularly in an attempt to cure a problem You are having. While We will make what We consider (in Our absolute discretion) to be all reasonable endeavors to provide appropriate tests, troubleshooting, sound advice and good recommendations in order to assist You, You will always indemnify and hold Us harmless in the provision of our Services to You.
9. Force Majeure
• Force Majeure: If We are unable to supply any Goods or Services due to circumstances beyond Our reasonable control, We may cancel the Order (even if the Order has already been accepted) or cease to provide the Services by written notice to You, in which case You will hold Us harmless.
• We will not be liable for any breach of contract due to any matter or thing beyond Our control, including failures by third parties to supply goods, services or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
• Reliance on Manufacturer’s Warranty: You will rely on the warranties provided by the manufacturer of Goods supplied by Us (where applicable) and will deal directly with such manufacturer rather than Us for all claims covered by such warranties.
1. Privacy statement and your right
• We are collecting Your personal information for the fulfillment of Quotes, Orders and the provision of Goods or Services to you and it may retain and use it for such Authorized purposes.
• You are required to provide your personal information to Us for Authorized Purposes
• We may disclose Your personal information to other persons for the purposes of the fulfillment of Quotes, Orders and Work for you or in order to provide Goods or Services to You.
• Otherwise, We will not disclose Your personal information without Your consent unless authorized by law.
• Your personal information will be held by Us at Our Principal Place of Business and You can contact Us to request to access or correct it.
• We rely on You to submit correct information and details where requested. You accept that You may incur additional expenses if you submit incorrect information.
2. Our Website
• We make no representations or warranties in relation to information available on Our website, including without limitation:
o that the information on Our website is complete or correct;
o that Our website will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software; and that We endorse any internet site linked to Our website or any third-party products or services referred to on Our website.
1. Submitting of Service Requests
• In order for Us to provide You with the agreed Service, You agree to follow Our process for lodging of Service Requests as outlined in Appendix A
2. Non-Solicitation of Clients and Employees
• You agree that employees are one of Our most valuable assets, policy and professional ethics require that Our employees not seek employment with, or be offered employment by You during the course of engagement and for a period of two (2) years thereafter (or the maximum amount permissible by a Court).
Service Request Submitting Process
When you contact the Help Desk to submit a service request only the methods below must be used:
Client Portal: support.dexcore.net
Include a short description of the problem and any screenshots of errors to assist in the resolution of the issue.
If the issue is being submitted by either phone or external email you must include your name, company and return contact details.
Service requests must not be lodged directly with technicians, as this detracts them from resolving the current issue they are working on. If you don’t submit your service request following the above approved method, your request will forego a guaranteed response time.
Service Request Submitting Process
Service Requests that must be addressed outside of business hours must be lodged by phone (charges apply for after-hours work). If not, the Service Request will be viewed on Our next Business Day
Guaranteed Response Times
We always aim to hit our “Response Target” when it comes to responding to your issues, however we absolutely guarantee we will respond by the “Response Guarantee” times listed below: