These Terms of Service (“Agreement”) are entered into by and between the entity or person placing an order. Michael Bolanos and Associates are each referred to herein as “offthegridit.” The services provide by offthegridit are referred to herein as “Service, or Services.” If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement in which case the term “Client” shall refer to such entity. If you do not have such authority, or if you do not agree to the terms of this Agreement, do not accept this Agreement or use the Services.
If you receive free access or a trial or evaluation subscription to the Services, you are deemed a “Client” under this Agreement and are subject to its terms. You may not use or access the Services if you are a direct competitor of offthegridit or if you are accessing or using the Services for the benefit of a direct competitor of offthegridit. This Agreement permits Client to purchase a subscription to Services and related Professional Services from offthegridit pursuant to Quotes and sets forth the terms and conditions under which those Services and Professional Services will be delivered.
All services are provided on a best effort basis only. No warranty is implied. We are not responsible for loss of data or consequential damages from work performed. Backup all data prior to work being performed. We recommend a minimum of 3 verified backups for all important data. Services are billed on a time and materials basis.
All payments are due immediately upon services rendered. All payments are due after the work is performed. If this is Project work, refer to Project Payments.
If you have a Project with offthegridit the payment terms will be specified in the Invoice/Work Order or Estimate. If the payment terms are not specified in the Invoice/Work Order or Estimate refer to Payments above.
Client Obligations (a) Generally. Client is solely responsible for the accuracy, content, and legality of all Services Data and for its Client Applications. Client shall ensure that Client’s use of the Services and all Services Data is at all times compliant with Client’s and any applicable Third Party Platform’s privacy policies and all Laws. (b) Client is solely responsible for maintaining documentation according to technology best practices. pertaining to Networks, Computers, Data, Data Processing Equipment, Technology Related Devices, Mobile Devices, and all IT related equipment and peripherals.
Subcontractors – offthegridit may use the services of subcontractors and permit them to exercise the rights granted to offthegridit in order to provide the Services under this Agreement, provided that offthegridit remains responsible for: (a) compliance of any such subcontractor with the terms of this Agreement; and (b) the overall performance of the Subcontractors as required under this Agreement.
All sales subject to final approval.
Quotations and Pricing
The prices for Products are set forth in offthegridit’s quotation which may be increased, decreased or otherwise changed at any time upon prior notice to BUYER. Prices quoted are exclusive of and will be increased by all applicable federal, state, municipal or other government excise, sales, use, occupational or like tax, tariffs, customs, duties and import fees, applicable at the time of sales or thereafter enacted, all of which Buyer shall be responsible for paying. offthegridit has the legal obligation to collect tax or taxes added by offthegridit to the sales price, which will be paid by BUYER, unless BUYER delivers to offthegridit with the purchase order a proper tax exception certificate applicable to offthegridit and the applicable taxing authority. offthegridit, at its discretion, reserves the right to accept or reject any such claims. Unless otherwise noted in the quotation, published or quoted prices are net F.O.B. offthegridit’s facilities located in San Jose, California.
offthegridit does not provide warranty on products, all products carry manufactures warranty only. The warranty does not cover any Products which have been opened, misused, modified (without the prior written consent of offthegridit), have been subjected to unusual stress, have been improperly maintained or on which any original serial numbers or other identification marks have been removed or destroyed, all of which are subject to the determination of offthegridit in its discretion. In any event, offthegridit’s liability shall be limited to the replacement value of any damaged or defective part.
Return Product Authorization (RMA)
A Return Product Authorization (RMA) number must be obtained from offthegridit’s Customer Service Dept. prior to the return of any Product. RMA is acceptable within 30 days from the invoice date. The following information is required to obtain a RMA number: offthegridit’s Item Number, serial number, Oty, Invoice Date, Invoice Number, Problem Description. The Buyer will be solely responsible for loss or misplacement of Product returned without a RMA number. Product received more than 15 days after the RMA number is assigned is subject to refusal at the discretion of the RMA Department.
BUYER acknowledges that Products, software, and technical information provided under this Agreement are subject to United States Export Administration Act and other export laws, rules and regulations. BUYER agrees not to export, re-export, directly or indirectly, transfer, or transmit the Products, software, or technical information except in compliance with any and all such laws, rules and regulations.
This Agreement shall be construed, governed and enforced in accordance with the laws of the State of California.
In the event a offthegridit product is listed at an incorrect price due to typographical error or systems error, offthegridit shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. offthegridit shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, offthegridit shall issue a credit to your credit card account in the amount of the original charge.
Service and Support
offthegridit does not offer any free technical assistance or support for any products sold with the exception of build-to-order PC systems assembled by offthegridit, and offthegridit manufactured products. Technical assistance and supports requests for all other products and services must be submitted to our help desk or directly to the product manufacturer or service provider. Paid support may also be available on some products and services.
Credit Card Authorizations
Credit card authorizations may incur a 4% markup on products to cover credit card fees.
All returns for refund are subject to a 15% restocking fee unless waived by offthegridit.