TERMS AND CONDITIONS

Site Policies (Terms & Conditions)

(subject to change at BuyUptime's discretion)

THESE TERMS AND CONDITIONS (THE "TERMS") ARE INCLUDED WITHIN ALL CONTRACTS FOR PRODUCTS AND SERVICES PURCHASED FROM THIS WEB SITE AND THE BUYUPTIME CALL CENTER DESCRIBED BELOW. PLEASE READ THIS AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING A PRODUCT.

In these Terms:

"Customer" or "you" means the end user customer purchasing products or services from this web-site or call center; and "Seller" or "we" means BuyUptime.com, a wholly owned subsidiary of Systems Enhancement Corporation, or any of its affiliates that you may be doing business with (hereinafter either collectively or individually also referred to as "SEC").

This is an important document and affects your rights and obligations. It also includes exclusions and limitations that apply to you. The terms and conditions may be subject to change by Seller without notice although changes will not affect Contracts that have already come into existence. You will be asked to approve the Terms every time before you place a purchase order.

You acknowledge and accept that any purchase order ("Order") you place by using this web site will be fulfilled by Seller, and that any purchase contract ("Contract") resulting from your Order will be a purchase contract between you and the Seller. These Terms may not be supplemented, altered or modified by the use of any other documents or oral communications unless agreed in writing by Seller. THIS AGREEMENT APPLIES TO YOUR PURCHASE UNLESS YOU NOTIFY SEC IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 30 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER SEC'S REFUND POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE BELOW.

APPLICABILITY

Each Order for Products and Services is subject to these Terms. The contracting parties are Seller and you, the party submitting the Order and buying the Products as identified in the information submitted to the web site or to the Call Center at the time of ordering or by reference to a pre-agreed unique identifying number.

Your Order shall be the offer to purchase. Seller reserves the right to refuse to accept Orders and all Products and Services are subject to availability. Seller shall accept Orders by confirming the Order in writing, or delivering or invoicing any of the Products or commencing provision of the Services. Seller shall not be deemed to have accepted any such Order until such confirmation, invoicing, delivery or provision. The Seller has the right to decline or cancel any purchase order containing erroneous prices. On acceptance of an Order a Contract will be made between Seller and Customer.

For the purposes of these Terms, the Call Center is that Call Center operated by BuyUptime and contactable on telephone number: North America - (888)288-8843 - 8AM-5PM CST. If Orders are placed with the Call Center, then binding legal obligations may be created upon acceptance of your oral Orders. Seller's acceptance of your Orders will be confirmed electronically or sent by mail. Legal acceptance of your Order is effective at the time of Seller's sending or posting of the acceptance mail.

If there is a revision or cessation of a Product that is the subject of a Contract then Seller may ship Products with the functionality of the Products ordered but there will be differences in what is shipped to what has been ordered. Where functionality cannot be matched with the ordered Products Seller will advise Customer either of a suitable alternative that may be supplied or of a cancellation of the Contract (or at Seller 's discretion the part that refers to the Product in question). Subject to the Return Policy below, upon such cancellation Seller shall make a full refund to Customer of the payments received for the relevant cancelled Products and neither party shall have any further liability to the other for the same. Part cancellation of a Contract shall not affect Customer's rights or obligations in relation to the non-cancelled part.

Payment Methods
American Express and domestic U.S.-issued Visa, MasterCard, Discover-Novus Card. For customer protection, we check all credit cards for potential fraud. Note: COD orders are not accepted. We accept only one payment method per order. We will not charge your credit card until your order has shipped, but we do obtain an authorization for your purchase when the order is placed.

PRICE AND PAYMENT

The Price of the Products and Services is stated in the Web Site or in the Order accepted by Seller. Shipping charges are identified separately to the Price of the Products and Services. Prices are subject to change without notice. Price changes do not affect Contracts created after acceptance of Customer Orders. Prices exclude shipping, handling and taxes unless otherwise noted. Customer is responsible for Shipping charges, Value Added Tax (VAT) and other sales taxes as specified in the Contract. We accept VISA, MasterCard, American Express and Discover-Novus credit cards for payment. Please read the Information Privacy section below about protecting transmission of your credit card information. Payment by credit card shall be made contemporaneously with the acceptance of the Order by Seller.

Where Seller has agreed to supply the Products on credit Customer shall pay the price of the Products within 30 days of the date of Seller's invoice notwithstanding that the property in the Products has not passed to the Customer. Invoices will be dated the day of dispatch of the Products. Seller shall be entitled at its absolute discretion to alter payment terms (other than on concluded Contracts) and withdraw or alter any credit limit granted at any time without notice. If the Customer fails to make a payment on the due date, then without prejudice to any other right or remedy available to it, Seller shall be entitled to cancel the Contract or suspend any further deliveries or suspend any services to the Customer. The property in the Products shall not pass to the Customer until Seller has received in cash or cleared funds payment in full of the price of the Products and all other Products and Services previously sold or supplied by Seller to the Customer for which payment is then due.

DELIVERY

Products and Services will be delivered to agreed locations for the charge set out in the Contract. Seller shall be responsible for the insurance and care of Products and Services up to the point of delivery. Once delivery has occurred then the Products and Services are Customer's responsibility and Customer should insure the same in accordance with prudent business practices.

Times for delivery are targets only and Seller shall not be responsible for late delivery. SEC does not ship partial orders. This means that if you've ordered items that are indicated as being temporarily OUT OF STOCK along with ones that are IN STOCK, we will not ship until the backorder can be filled. We do our best to keep the status of products current, but availability is not guaranteed. Orders placed on Fridays after 1:30PM EST will not ship until Monday or the next business day if Monday happens to be a holiday. There will be no shipments made during any of the holidays that SEC observes. In the event that the Products and Services have not been delivered in a reasonable time from the target delivery date then Customer should call North America - (888)288-8843 8AM-5PM EST giving their Contract number and such other details as may be available to assist Seller to track the status of the delivery and to give a new anticipated delivery date. Where the new anticipated delivery date is more than one month from the initial delivery date then Customer shall have the right to cancel the Contract without liability to Seller for refund of the Price paid. Customer shall have no other rights against Seller for delay to delivery.

Customer shall sign for delivery of the Products and/or Services upon delivery to the agreed location. In the event that Seller or its agents should seek to deliver Products and Services to the agreed location and delivery cannot be made due to the absence of Customer or its agents or a signatory then Seller reserves the right to charge repeat delivery charges to Customer. Such charges will depend on Seller's and shall be payable by Customer on receipt of Seller 's invoice for the same. North America Only: We normally ship complete orders (all items in the order have to be in stock) placed before 1:30PM EST the next day. Your shipment options are Ground, Two-Day, or Overnight, except to Hawaii, Alaska, Puerto Rico, Virgin Islands, and Guam where Ground service is not available. Currently shipments are limited to the United States and Canada. Ground shipments can take 3- 5 business days in transit. For Overnight and Two-Day deliveries, please remember these are transit times, and not, for example, overnight from the time you place your order.

ACCEPTANCE

Acceptance of Products and Services is deemed on delivery to the location agreed for delivery as set out in the Contract. Title to Equipment passes on acceptance after complete payment has been received by Seller.

In the event of any defects in Product or Services discovered after delivery, then Customer may make a warranty claim for the relevant Product in accordance with the warranty for the relevant Product or Service as described in the accompanying documentation. Customer has the duty to notify Seller of visible damages to the goods delivered to the carrier.

SOFTWARE LICENSE TERMS

Products and Services the subject of Contracts may include computer software. All computer software is subject to intellectual property rights. Seller and its suppliers, as the case may be, do reserve all their rights in computer software; no title to computer software is transferred. Most computer software will be licensed directly from the publisher to the Customer. The terms of all licenses may be found either in the accompanying documentation to the Product or Service or are available from BuyUptime.com on request. Use of Computer Software is licensed in accordance with the relevant applicable non-exclusive non-transferable license terms for the Product or Service. Customer is deemed to have accepted these license terms at the time of Seller 's acceptance of the Order.

WARRANTY

THE FOLLOWING WARRANTY PROVISIONS APPLY TO ALL PRODUCTS.

Commencement of Warranty. The above warranties will commence upon delivery of the Products to the Customer.

BuyUptime Products. BuyUptime warrants that all hardware and software products will be free from defects in workmanship and materials under normal use for the length of time outlined in the hardware Product manual for the relevant hardware Product. The length of a warranty on a given product may differ by law depending on the manufacturer, country, state, territory or locality that you reside in. Conditions to any warranties are contained in the applicable product manual. BuyUptime warrants that BuyUptime Products are free from defects in workmanship or material under normal use during the warranty period specified in the Contract or documentation accompanying the APC Products. Some APC Products may be manufactured using some refurbished components or may have been used internally for reliability or performance testing. Spare parts may be refurbished

BuyUptime Products and Services. BuyUptime warrants that Products and Services shall be performed hereunder in accordance with recognized professional standards. Should its services fail to comply with such standards, BuyUptime will re-perform such deficient Services at no cost. BuyUptime's liability for any and all claims arising out of or in connection with its warranty hereunder, shall be limited to those claims of which BuyUptime has received written notification within thirty (30) days following the completion of the specific Services giving rise to the claim will conform to the applicable Service Description specified in the accompanying documentation. BuyUptime will not be responsible for compatibility of products not manufactured or supplied by BuyUptime.

Exclusions.

The above warranties do not apply to Products from which the serial numbers have been removed, or to conditions resulting from improper use, accidents, external causes, including installation, relocation of hardware, service or modifications not performed by Seller or its authorized service providers, or operation outside the environmental parameters specified for the Product. Neither Seller nor its supplier’s warrant that the operation of any Product will be uninterrupted or error free. Warranty service may not be performed if BuyUptime or other suppliers reasonably believe conditions at the Customer's site represent a safety or health risk. Seller and its suppliers do not warrant that the Products will operate in all combinations of hardware and software, which may be selected for use by Customer or that Software is error-free, or that its use will be uninterrupted.

THE LIMITED WARRANTIES ABOVE GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY (OR JURISDICTION TO JURISDICTION.) SEC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE APPLICABLE WARRANTIES FOR ANY PRODUCTS AND SERVICES ARE STATED ON THE LIMITED WARRANTY CARD PRODUCT MANUAL, OR DOCUMENTATION ACCOMPANYING EACH PRODUCT OR SERVICE. SEC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY SHALL SEC, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE PRODUCTS PURCHASED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO SEC UNDER A PURCHASE ORDER.

SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS APPLICABLE, DO NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IT IS SEC'S INTENT TO MAKE SUCH LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT ALLOWED UNDER ANY APPLICABLE LAW.

Warranty Remedies. Seller's suppliers will provide the warranty remedies as mentioned in the Seller's warranty statements provided Customer promptly notifies the Seller as indicated in the warranty statements of any non-conformance to the above warranties during the specified warranty period. Upon notification of a claim, BuyUptime shall provide the Customer with an CMA ("Credit Material Authorization") number and may return the product under the "Warranty Return" provisions below.

LIMITATION OF LIABILITY

For any breach of these Terms, or of any Contract, Seller's sole and exclusive maximum liability shall not in any event exceed the total purchase price of the Products or Services ordered by Customer.

In no event shall Seller be liable for any damages resulting from loss of data, or use, lost profits, loss of anticipated savings or any incidental or consequential damages whatsoever. These limitations will apply regardless of the form of action whether under statute, in contract tort, including negligence or any other form of action. SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS APPLICABLE, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IT IS SEC'S INTENT TO MAKE SUCH LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT ALLOWED UNDER ANY APPLICABLE LAW.

Sales Tax

Orders shipped to the following US states will be charged sales /use tax: CA, CO, CT, FL, GA, KY, IL, IN, LA, MA, MD, ME, MI, MN, MO, NC, NJ, NY, OH, OK, PA, RI, TN, TX, VA, VT and WA. All orders shipped to a Canadian province will be charged a goods and services tax (GST) of 6% with the exception of Nova Scotia, New Brunswick, Newfoundland which will be charged the Harmonised Sales Tax (HST) of 14%.

Printed Receipts

A packing slip is included with your order and your purchase will be posted on your credit card statement. If you need a detailed receipt with pricing, follow these steps:

Go to the Order Status screen and choose to Login or, use the Quick Order Lookup.
If logging in, all previous orders will be displayed with a link to each order, click the link to the order for which you want a printable invoice.
If using the quick order lookup, it will display that particular order only.
Click on Print Invoice or Email invoice. The Order Statement can be used as your receipt or statement for rebates and personal or business records.

Return Policy
For all returns: In order for BuyUptime to stay competitive and ship new products at the lowest possible cost, we need your help to make sure that all returns are expedited to our vendors. Since our vendors have a specific time period during which they will accept products back from us, all returns will only be accepted within 30 days from the date the item was shipped to you. To accomplish this, we recommend that you obtain a Credit Material Authorization (CMA) within 5 calendar days of the ship date to you, thereby allowing sufficient time for the product to be returned to our warehouse and for proper credit to your account.

Return Details

You have the right to return a product within the first 15 days of purchase for a full refund or exchange of another product of equal value. You are responsible for paying return shipping.
If you elect to return the product between the 16th and 30th day of ownership, you will be charged a 15% restocking fee. Once again, you are responsible for paying return shipping.
All orders/products that have been held for over 30 days, will not be permitted to be returned unless certain circumstances apply. (For example, the item was lost in transit, APC shipped to the wrong address and then was corrected, etc.) You will need to contact a BuyUptime sales or customer service representative and explain your situation before any order/product may be returned that is past this time frame.