Terms and Conditions

AGREEMENT OVERVIEW

Enclosed are terms and conditions, including associated warranty statements, license agreements, and any applicable attachments, which is the sole and complete agreement between Customer and A+ Mobile Solutions, Inc. DBA A+ STEM Labs (“A+ Mobile”), regarding the Products or Services purchased hereunder.  Any additional or different terms in any order or communication from Customer shall not be binding on A+ Mobile unless signed by an authorized representative of A+ Mobile.

Additionally, the agreement sets forth the terms and conditions by which, support coverage for the A+ Mobile STEM Labs will be provided under the Agreement.  This agreement covers the Hardware, Software, and equipment configuration included in our solution.  Software and hardware provided by other entities and not purchased directly through A+ Mobile, including installation and configuration, are not covered under this agreement.

Any support, warranty, maintenance, professional development, training, etc. associated with the sale of any A+ Mobile product and service is limited to three years from the date of invoice,

Unless agreed otherwise in writing between the parties.

This Agreement remains valid until revised by A+ Mobile.

Prices and Payments

Unless contractually obligated in writing, any amounts not received by A+ Mobile, within thirty (30) days of receipt of invoice shall be considered overdue. The customer shall be subject to a late payment fee of the lesser of one and one half (1.5%) percent per month or the maximum rate permitted by law on the undisputed overdue balance of the invoice amount. Customer shall pay any applicable sales, use, or similar taxes, fees, or duties unless Customer provides exemption documentation to A+ Mobile, Customer is responsible for taxes, if any, on Products from the date A+ Mobile, ships them to Customer or on Services, on the date the Services are provided by A+ Mobile,  No other discounts, quantity entitlements, or promotions apply unless agreed in writing by A+ Mobile  Delivery charges, if applicable, will be as specified in an invoice.

Unless contractually obligated, A+ Mobile reserves the right to refuse or cancel an order placed for a Product or Service quoted in error, even if A+ Mobile,  has confirmed the receipt of Customer’s order or charged Customer’s credit or debit card. If A+ Mobile, has charged Customer’s credit or debit card, A+ Mobile, will promptly issue a credit to Customer’s credit or debit card account in the amount of the charge.

If at any point there is a material change in A+ Mobile Solutions, Inc., product costs A+ Mobile, may adjust prices accordingly.

Service Agreement

The following detailed service parameters are the responsibility of A+ Mobile Solutions in the ongoing support of this Agreement.

Service Scope

The company will service the Customer’s STEM Lab equipment from the invoice date of the original purchase for a period of three years.

The following Services are covered by this Agreement;

• Manned telephone support
• Monitored email support
• Remote assistance using Remote Desktop and a Virtual Private Network where available
• Onsite assistance parts and labor

Customer responsibilities and/or requirements in support of this Agreement include reasonable availability of customer representative(s) when resolving a service-related incident or request.

Service Availability

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

• Telephone support: 8:00 A.M. to 5:00 P.M Eastern. Monday – Friday
  • Calls received outside of office hours will be forwarded to an answering service with a formal response the next business day.
• Email support: Monitored 8:00 A.M. to 5:00 P.M Eastern. Monday – Friday
  • Emails received outside of office hours will be collected, with a formal response the next business day.
• Onsite assistance is provided during the business week and depends upon the severity of the issue.

Service Requests

In support of services outlined in this Agreement, the Company will initiate phone contact with the customer within 4 hours of a request for service.

Once contacted, Company will prioritize the incident and agrees to respond within the following time frames:

• Within 8 hours (during business hours) for issues classified as High priority.
• Within 16 hours (during business) for issues classified as Medium priority.
• Within 32 hours (during business) for issues classified as Low priority.

Remote assistance will be provided in line with the above timescales dependent on the priority of the support request.

Company response is defined as:

• A clear agreement of what the incident is about
• An owner for the problem both at the Company and Customer
• A clear outline from the Company as to what the next steps are
• An expected time frame to the resolution of the problem (a ‘Fix’ time)

In furnishing Customer with this information Company has satisfied the ‘Response’ as constituted by this service agreement.

It is essential that you discuss the Priority clearly with the Company’s representative as the priority will be set by agreement, the default Priority will be used if you do not specify. Customers must also be realistic about the priority of an incident. Any incidents which have been set above their allotted Response will be dropped to the appropriate Priority by a senior member of the Company, which will also reset the count time for the incident.

Limitation of Liability

LIMITATION OF LIABILITY. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, A+ MOBILE SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 4) LOSS OF BUSINESS, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, A+ MOBILE SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT OR SERVICE.

Force Majeure

A+ Mobile shall not be liable to Customer for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of A+ Mobile.

WARRANTY

Company warrants your STEM Lab equipment to be free from defects in material and workmanship under Normal Use from the date of original purchase for a period of three years, with the following exceptions:

• Products included with the lab that were not purchased directly through A+ Mobile are not included under the A+ Mobile Warranty.

Note

• Computer products must be handled with care, whether in use or not. They cannot be dropped or subject to impact. Failure to properly handle the computer equipment will invalidate this Limited Hardware Warranty.

The date of purchase is the original invoice date.

The sole remedy under this Warranty is that defective equipment be repaired or (at the Company’s option) replaced, at Company repair centers, provided the equipment has been authorized for return by the Company, and the return shipment is prepaid in accordance with policy. Repaired or replacement hardware will be warranted for the remainder of the original Warranty Period or ninety (90) days, whichever is longer. When a product or part is exchanged the replacement hardware becomes the property of the original purchaser and all hardware or part thereof that is replaced shall become the property of the Company.

The warranty does not apply (a) to faulty and improper maintenance, service, repair and/or alteration in any way that is not contemplated in the documentation for the product or carried out with the Company’s consent in writing, operation adjustments covered in the operating manual for the product or normal maintenance, (b) to cosmetic damages, (c) if the product is modified or tampered with, (d) if the product is damaged by acts of God, misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions (including, but not limited to, electrical surges, water damage, chemical exposure, an/or heat/cold exposure) or lack of responsible care, if the product has had the model or serial number altered, defaced or removed, (f) to consumables (such as storage media or batteries) (g) to products that have been purchased “as is” and Company the seller or the liquidator expressly disclaim their warranty obligation pertaining to the product, (h) to any non-Company hardware product or any software (irrespective of packaged or sold with Company hardware product) and Company’s products purchased from an unauthorized distributor/reseller, (i) to damage that occurs in shipment or (j) to damages by any other causes not related to defective design, workmanship and/or materials.

The warranty for the products shall run from Company to End User customers only (including products purchased through authorized partners and resellers). The company is not obligated under any circumstances to honor warranties on product(s) purchases from internet auction sites including eBay, uBid, or from any other unauthorized resellers.  Except as explicitly provided herein, the Company disclaims all other warranties, including the implied warranties of fitness for a particular purpose and merchantability.

Software supplied either separately or in hardware is furnished on an “As Is” basis. The company does not warrant that such software shall be error (bug) free. Software support via telephone, if provided at no cost, may be discontinued at any time without notice at Company’s sole discretion. The company reserves the right to make changes to its software in any of its products at any time and without notice.

The Warranty and remedies provided above are exclusive and in lieu of all other express or implied warranties including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Certain jurisdictions do not allow the exclusion of implied warranties.  If laws under such jurisdictions apply, then all express and implied warranties are limited to the warranty period identified above. Unless provided herein, any statements or representations made by any other person or firm are void. Except as provided in this written warranty and to the extent permitted by law, neither Company nor any affiliated shall be liable for any loss, (including loss of data and information), inconvenience, or damage, including, but not limited to, direct, special, incidental or consequential damages, resulting from the use or inability to use the Company product, whether resulting from breach of warranty or any other legal theory. Notwithstanding the foregoing, Company’s total liability for all claims under this warranty shall not exceed the price paid for the product. These limitations on potential liabilities have been an essential condition in setting the product.

No one is authorized to assume any liability on behalf of the Company or impose any obligations on it in connection with the sale of any Goods, other than that which is specified above. In no event will the Company be liable for indirect, special, incidental, consequential, or other damages, whether arising from interrupted equipment operation, loss of data, replacement of equipment or software, costs or repairs undertaken by the Purchaser, or other causes.

This warranty applies to all sales made by the Company or its dealers and shall be governed by the laws of New York State without regard to its conflict of laws principles. This Warranty shall be enforceable against the Company only in the courts located in the State of New York.

The form of this Warranty is effective October 1, 2018.

THE TERMS OF THIS WARRANTY APPLY ONLY TO SALES MADE WHILE THIS WARRANTY IS IN EFFECT. THIS WARRANTY SHALL BE OF NO EFFECT IF AT THE TIME OF SALE A DIFFERENT WARRANTY IS POSTED ON THE COMPANY’S WEBSITE, WWW.APLUSTEMLABS.COM. IN THAT EVENT, THE TERMS OF THE POSTED WARRANTY SHALL APPLY EXCLUSIVELY

Governing Law. This Agreement and all orders issued hereunder shall be governed by the laws of the State of New York, without regard to its conflict of law principles. Neither party may bring an action arising out of or related to this Agreement more than two years after the cause of action arose.

ANY ADDITIONAL OR DIFFERENT TERMS IN ANY ORDER OR COMMUNICATION FROM THE CUSTOMER SHALL NOT BE BINDING ON A+ MOBILE UNLESS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF A+ MOBILE. CONFIRMATION OF RECEIPT OF THE CUSTOMER’S ORDER SHALL NOT MEAN A+ MOBILE HAS ACCEPTED THE CUSTOMER’S ORDER.