TERMS AND CONDITIONS
CALLJIMBO is a division of Interconnect Network Cabling Systems, Inc. (“ICNS”) These terms and conditions constitute a legal agreement between you (“Client”) and ICNS. By accepting goods and/or services from ICNS, you agree to be legally bound by these terms and conditions.
PRICE. Prices do not include federal, state or local taxes as applicable and these taxes will be added to the sales price when ICNS is legally obligated to collect the taxes unless Client provides ICNS with a proper tax exemption certificate. All prices are subject to correction for stenographic, typographic and clerical errors.
PAYMENT. Payment is due in advance of services rendered under the CALLJIMBO website and must be made by credit card only. If payment is challenged or disputed subsequent to ICNS’ performance hereunder, ICNS may at its option (1) cancel this agreement, or (2) refuse to perform further under this agreement. For all other goods and services rendered by ICNS to Client, Client shall immediately pay for all hardware and/or software and/or services that ICNS has delivered. For project work ICNS requires payment of fifty percent (50%) of the total project labor cost before ICNS shall commence work. All hardware purchases must be paid in full prior to placement of the equipment order by ICNS. Client agrees to pay balance of project cost to ICNS, at project completion, as signified by both parties indication on the project completion form.
INTEREST, COLLECTION COSTS & FEES. Client agrees to pay a delinquency charge of 1½% per month (18% per annum) on any outstanding balances owed by Client and not paid after thirty (30) days from invoice date until Client renders payment in full. If ICNS must pursue legal action against Client to collect any amounts owed by Client to ICNS, Client agrees to pay ICNS’ expenses, including reasonable attorneys’ fees, incurred as a result of the legal action.
WARRANTY. All hardware and software sales are subject to vendor warranties ONLY. ICNS expressly disclaims any warranty, express or implied, including but not limited to any implied warranty of merchantability and any warranty for a particular purpose or use, related to Client’s hardware and/or software.
LIABILITY LIMITATION. CLIENT SHALL NOT BE ENTITLED TO RECOVER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LOSSES, COSTS, EXPENSES, LIABILITIES AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INCOME OR PROFITS, DAMAGES TO PROPERTY, ALL LIABILITIES OF CLIENT TO ITS CUSTOMERS OR THIRD PERSONS, AND ALL OTHER SPECIAL OR CONSEQUENTIAL DAMAGES) WHETHER DIRECT OR INDIRECT, AND WHETHER RESULTING FROM,OR CONTRIBUTED TO BY THE DEFAULT OR NEGLIGENCE OF ICNS, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS WHICH MIGHT BE CLAIMED AS THE RESULT OF THE USE, MISUSE OR FAILURE OF THE HARDWARE AND/OR SOFTWARE DELIVERED OR THE SERVICES PERFORMED. Further, consequential damages shall include, without limitation, losses sustained as the result of injury to any person, loss of property or any data loss or damage while using installed hardware or software or completing any services. Additionally, Client shall not be entitled to recover any costs for materials expended or used, initiated at the request of Client. ICNS’ liability shall not exceed its fee for services provided. Client must commence any claim arising from this agreement within twelve months from the first occurrence giving rise to the claim or that claim is forever barred. Client shall indemnify ICNS against all liability, cost or expense which may be sustained by Client on account of any such loss, damage or injury. ICNS strongly recommends that Client back up its system, in its entirety, prior to any installation, service or troubleshooting.
VENUE/GOVERNING LAW/RESOLUTION OF DISPUTES. The laws of the state of Ohio shall govern this agreement, the construction of its terms, and the interpretation of all rights and duties of Client and ICNS. Client and ICNS agree that they are amenable to suit in Ohio, and therefore, subject themselves to the jurisdiction of the state courts in Ohio by entering into this agreement.
BINDING EFFECT. This agreement shall be binding on and inure to the benefit of ICNS and Client and their respective heirs, executors, administrators, legal representatives, successors, and assigns.