INTERETMATRIX INC - SOFTWARE AND WEBSITE DESIGN. FLASH, AS3, Flex Design. WEBSITE HOSTING AND SERVERS

Service Terms and Conditions
Consulting, Support, Hardware, Programming

The following outlines the terms and conditions of additional services provided by Internet Matrix Inc.  This list is not conclusive and these terms may apply to other services, support or hardware procurement activities not listed.

Client is defined as any party, corporation, partnership, entity or person using services provided by INTERNET MATRIX INC.

Client procurement of any of INTERNET MATRIX INC. consulting, support, programming or hardware services activates this agreement immediately.  

TERMS OF SALES AND CREDIT

1.  All labor charges are non-refundable.
2. Licensed software is not refundable.
3. All hardware is sold with a manufacturer’s warranty.  INTERNET MATRIX INC. provides no additional warranty.
4. All merchandise remains the property of INTERNET MATRIX INC. until paid in full.
5. All merchandise provided by INTERNET MATRIX INC. may be returned within 30 days.  There is a 20% restocking fee on all items except special-order items. Special order items are non-refundable.
6. All merchandise over $100 will be prepaid by check or credit card.
7. Invoices are due and payable to INTERNET MATRIX INC. upon completion of work.
8. There is a $50 charge on returned checks.
9. All unpaid invoices that are not in dispute will be considered past due and assessed a late fee of 5% of the invoiced sum, but not less than $25, after fifteen (15) days from the date of invoice.  Any invoice not paid within thirty (30) days after the date of invoice shall be assessed a finance charge of eighteen percent (18%) per year, and may be sent to collections.
10. Cost of collections, including reasonable attorney’s fees, shall be borne by the client.
11. INTERNET MATRIX INC. will not perform services for clients with past due balances. This includes but is not limited to emergency services, and materials until the account is brought current, regardless of previous service requests.  Notwithstanding anything to the contrary, in no event will INTERNET MATRIX INC. be liable to Client for incidental, consequential or liquidated damages. 
12. INTERNET MATRIX INC. shall not be bound by any terms or conditions printed on a purchase order, check, or correspondence from client without prior written acceptance of such terms.
13. Quotations and responses to requests for quotations do not include the price of sales tax or shipping unless these items are explicitly stated. Client is responsible for the cost of sales tax and shipping of all merchandise.
14. INTERNET MATRIX INC. does not guarantee the price and/or the availability of product and/or services quoted.

LIMITATION OF LIABILITY

 INTERNET MATRIX INC. warrants to Client that the material, analysis, data, programs, and services to be delivered or rendered under this Agreement will be of the kind and quality designated and will be performed by qualified personnel.

 INTERNET MATRIX INC. offers no guarantees or warranties express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, expressed or implied, regarding the ability to resolve computer-related problems, to recover data, or to avoid losing data. INTERNET MATRIX INC. makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose of merchantability.

 All liability to Client arising out of the subject matter of this Agreement shall be limited to the total dollar amount of services paid by Client to INTERNET MATRIX INC. in the previous month. In no event shall INTERNET MATRIX INC. be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to INTERNET MATRIX INC. in advance or could have been reasonably foreseen by INTERNET MATRIX INC.  In the event this limitation of damages is held unenforceable, then the parties agree that by reason of the difficulty in foreseeing possible damages, all liability to Client for special or consequential damages shall be limited to Five Hundred Dollars ($500.00) as liquidated damages and not as a penalty.