ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
QCS General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the QCS service purchased (the “Service”). These terms and conditions comprise the entire agreement between the Customer and QCS concerning the Service.
Availability, compatibility, specifications, and prices are subject to change without notice. Products are warranted by the manufacturer. All service marks, trademarks, and registered trademarks belong to their respective holders. Not responsible for omissions or typographical errors.
All Sales Final! No Refunds! No Returns! FOB Origin - Freight Prepaid!
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
QCS may change the Terms of Service at any time, with or without notice to the Customer. QCS reserves the right to modify or discontinue the Service with or without notice to the Customer. QCS shall not be liable. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Terms of Service and its modifications.
PAYMENT
Orders are to be pre-paid with the total estimated amount; any additional amount is due ASAP. Payment is expected by US Dollar payable by Cash, Check, Discover, MasterCard, Visa, or PayPal. QCS requires a valid Driver’s License with your check. You agree to pay for ALL products and ALL services. You are ultimately responsible for ALL required taxes. FOB Origin - Freight Prepaid! Late/Overdue invoices will be assessed a finance/late charge of 1.5% interest per month, 18% interest per year, from the original invoice date. Minimum finance/late charge $5.00/month. Returned check/charge back fee is $35. We reserve the right to refuse or limit your order/service for any reason. QCS may change fees, and charges in effect or add new fees or charges.
Recurring services are automatically renewed and invoiced thirty (30) days in advance of month/quarter/year. Recurring services are considered valid unless disputed in writing within thirty (30) days. Cancellation of services requires a minimum thirty (30) day notice in writing. We reserve the right to limit/discontinue any service for non-payment. Web/Hosting/Email/SEO reactivation fee is $50 each. Domain name re-activation, within 15 days, is $100 each. Upon the 15th day, the domain name is forfeited.
PRIVACY POLICY
QCS respects the privacy of its Customers. Any information residing on the Customer’s computer/device is the sole business of the Customer. No information or data shall be shared, except by court order.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees it is Customer’s responsibility to back-up data, software, information, or other files stored on Customer’s computer and/or on any other electronic storage device(s). If Customer requests back-up services from QCS and/or its third-party service provider(s), neither QCS nor its third-party service provider(s) shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data or other media.
ABANDONED ITEMS
Unless prior arrangements are made, any item left for repair /service that is not picked up or paid for within 30 days of completion of said repair will be considered abandoned and will become the property of QCS. The abandonment of item(s) does not relieve the Customer from the amounts due. QCS reserves the right to pursue collections and by failing to respond, the Customer agrees to be liable for all costs incurred in such collections. Before any further transactions with QCS, the Customer will be required to remit in full any previous amounts due plus interest and fees. Any further services with Customer are now pre-payment only.
LIMITATIONS TO SERVICE
QCS shall not be liable for any failure or delay in performance due to any cause beyond its control. QCS and/or its third-party service providers reserve the right to refrain from providing the Services ordered and instead refund the Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Terms of Service, as determined by QCS.
INDEMNIFICATION
Customer agrees to indemnify, defend and hold harmless QCS (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments and other expenses, (including but not limited to cost of defense, settlement and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by QCS by reason of or arising from: Customer’s breach of this Agreement; Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; Customer’s actual or alleged failure to promptly pay sums due QCS or third parties; Customer’s failure to comply with applicable laws, regulations or ordinances; or the acts or omissions of Customer (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SOFTWARE OR HARDWARE COMPATIBILITY OR COMPLIANCE AND NON-INFRINGEMENT. QCS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES QCS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM/DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM QCS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; QCS WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
QCS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF QCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is the Customer’s responsibility to back-up the software, files, and data that is stored on the Customer’s computers and storage devices. QCS shall not be responsible at any time for any loss, alteration, or corruption of any software data or files. QCS shall not be liable in any way for damages arising from any part, equipment, peripheral, software, or other product supplied to Customer by QCS. Notwithstanding any language to the contrary, QCS’ maximum liability to Customer arising from or related to QCS under this Agreement shall be limited to the sums paid by Customer to QCS under this Agreement during the month before the time the cause of action arose.
TERMINATION
Customer or QCS may immediately terminate the Service upon written and/or oral notice to the other party. Upon termination of the Service, the Customer’s right to use the Service immediately ceases. Customer shall have no rights and QCS will have no obligations regarding the Service thereafter.
LAWS
The Terms of Service shall be governed by and construed by the laws of the State of Tennessee, excluding its conflict of law provisions. Customer and QCS agree to submit to the exclusive jurisdiction of the courts in Tennessee. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and QCS agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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