Services Terms And Conditions

BY USING ANY OF ITEK BUSINESS SOLUTIONS SERVICES, THE CUSTOMER ACCEPTS AND AGREES TO ABIDE BY THESE TERMS AND CONDITIONS, PRICING SCHEDULES, QUOTES, USER ACCEPTANCE TESTING FORMS, ACCEPTABLE USE, AND PRIVACY POLICY, ADDENDUM(S), AND AMENDMENT(S) AS WELL AS ALL LIMITATIONS OF LIABILITY.

In consideration of the mutual promises and agreements made herein and intending to be legally bound, ITEK Business Solutions and Customer agree that ITEK Business Solutions shall provide the services described herein to the Customer.

Section 1
  1. Hardware and Software installation and configurations are under warranty for 60 business days.
  2. The quoted prices are valid for a duration of 14 days then after prices are susceptible to change.
  3. All refunds and exchanges are subject to inspections and a 15% restocking fee will be applied. Goods returned must be in resalable condition along with the complete original packaging.
  4. No returns, refunds, exchanges on printers and software.
  5. Warranty will be deemed void on any products damaged, burnt, cracked and or, altered from its original form.
  6. A one (1) year manufacturer’s warranty is guaranteed on all computer products and systems unless stated otherwise.
  7. Installation is based on regular business hours – the weekend rate is charged as extra.
  8. ITEK Business Solutions is not responsible for the risk of loss, damage, or costs including bodily injury or property damage that may arise.
  9. The dispatch fee is chargeable and will be stated in the invoice.
  10. Cancellation Fees.
    1. Remote Support Plan. The customer must provide a minimum of 30 days’ notice of cancellation by email. The customer will be charged with a 3-month penalty fee.
    2. On-site. The customer must provide a minimum of 24-hour notice of cancellation by email or a $100 penalty fee will be charged.
  11. Compliance Audits. From time to time Customers may be audited or asked to provide IT, backup, license, or other information for compliance (example: PIPEDA, PHIPA, ISO) or insurance coverage/application purposes. ITEK Business Solutions will provide such assistance and services as requested, but they will be billed at a time and materials billing rate at the ITEK Business Solutions standard hourly rates.
  12. No Ownership of Customer Data. ITEK Business Solutions represents that all Customer data is the exclusive property of the Customer and makes no claim of ownership of Customer’s data.
  13. Non-solicitation of employees. Customer will not, for two years following the termination of any Service Order, solicit any employee of ITEK Business Solutions to perform services that are similar to those services being performed by the employee for Customer on behalf of ITEK Business Solutions.
  14. Conflicts with Service Orders. The terms contained in this Agreement and any Service Order shall govern the relationship between the parties. To the extent that the terms and conditions of this Agreement are in direct conflict with any term or condition contained in a Service Order, the term contained in the Service Order will control.
  15. Indemnification. Customer shall, to the extent allowed by law, indemnify, defend, and hold ITEK Business Solutions, its shareholders, owners, subsidiaries, affiliates, partners, investors, directors, officers, directors, agents and employees (hereafter “Indemnities”) harmless from any and all loss, cost, expense, and damage regarding any and all manner of claims, demands, actions, suits, proceedings, judgments, costs, and expenses (including reasonable attorneys’ fees) that may be initiated against Indemnities arising out of any action or inaction of Customer, its agents, contractors, assigns, or end user customers including but not limited to the following: i) violation of the Acceptable Use and Privacy Policy and/or terms and conditions of this Agreement; ii) use of the Services, including without limitation, claims of copyright, or trademark infringement; iii) violations of any provincial or national regulations, laws or judicial orders; iv) violation of the proprietary and/or privacy rights of any party whatsoever; or v) violation of any term of any license or third party right associated with any data or application stored on ITEK Business Solutions’ network.
  16. Modifications. ITEK Business Solutions may, at its sole discretion, modify our prices, fees, Services, or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
  17. Signatures. The parties hereto acknowledge and agree that electronic contracts have the same legal validity and enforceability as pen-and-paper documents. An electronic signature is fully binding and constitutes a legal method of executing this Agreement. A quote from our electronic quoting tool shall become a Service Order upon acceptance and Electronic Signature.
  18. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof and supersedes all other prior and contemporary agreements, understandings, and commitments between the parties regarding the subject matter hereof whether oral or in writing.
Section 1 – Conclusion of the contract
  1. The General Terms and Conditions of the client who agrees when placing the order shall apply exclusively.
  2. Quotations signed or approved by the client either sent by fax or e-mail are binding upon receipt of the client’s confirmation letter and is deemed as tacit consent.
  3. Thereafter, all invoices must be paid promptly and any invoices that are overdue on the date of receipt will incur a 2% monthly interest charge on any overdue accounts.

ONLY FOR QUOTATIONS

Section 2 – Execution of the contract
  1. ITEK shall appoint a suitable technician for the client.
  2. Within the scope established by the quotation, ITEK decides and takes responsibility for the way in which the contract will be executed. The client does not have any authority to make further amendments once the quotation has been confirmed and work carried out; ITEK however, shall always endeavor to meet the wishes of the Client
  3. Any extra add-ons, exchanges, and reduced quantity of computer peripherals must have a signature authorization by a managerial approver and any other troubleshooting will be charged.
  4. ITEK shall comply with the development and documentation policies contractually agreed by the Client.