Terms and Conditions


Customer Terms and Conditions

Warranty

On purchased units the manufacturer provides the warranty, subject to certain terms and conditions which are set out in the warranty information provided with the product. The Company does not provide any additional warranty.

With respect to licensed units, during the licensing period the Company shall be responsible for maintenance of the unit and will replace the same should it become faulty with another unit if it has remained incapacitated for greater than 30 days consecutively. The Customer is however responsible for maintaining the unit and is responsible for any damage to the unit arising out of the Customers’ actions. Additionally in the event of a fire, the Customer shall be deemed to have purchased the unit at cost price and shall claim the cost of the same from its insurance company and compensate the Company at the unit cost price. (The Company shall provide the Customer with the unit cost price.)

Privacy Information

The Company gathers personal information from the Customer to facilitate the services requested by the Customer. The Company stores personal information in the Customer file to troubleshoot problems; bill the Customer’s account; inform the Customer about products, services, and updates; detect and protect the Company against error, fraud and other criminal activity; enforce the Company’s Customer Agreement; and as otherwise described to the Customer at the time of collection or when the Company uses the information. At times the Company looks across multiple users to identify problems or resolve disputes, and in particular the Company may examine the Customers’ personal information to identify users using multiple customer ID’s or aliases.

The Company may compare and review the Customers’ personal information for errors, omissions and for accuracy. If the Customer provides the Company with financial information, the Company uses the Customers’ address and financial information to bill the Customer and provide associated support.

The Customer agrees that the Company may use personal information about the Customer to improve marketing and promotional efforts, to analyze site usage, to improve content and product offerings, and to customize the site’s content, layout, and services. The Customer agrees that the Company may also use the Customers’ personal information to contact the Customer and deliver information to the Customer, product offerings, and communications relevant to the Customers’ use of the Site. By accepting the Customer Agreement and Privacy Policy, the Customer expressly agrees to receive this information. If the Customer does not wish to receive these communications, the Company encourages the Customer to opt out of the receipt of certain communications by emailing the Company at info@terawattsolutions.com.

Our Disclosure of Your Information

As a matter of policy, the Company does not sell or rent any of the Customers’ personal information to third parties for the Company’s marketing purposes without the Customers’ explicit consent. However the following describes some of the ways that the Customers’ personal information may be disclosed in the normal scope of business to provide our services.

Due to the existing regulatory environment, the Company cannot ensure that all of the Customer’s private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), the Company may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse the Customers’ personal information that they collect from the Site. Therefore, although the Company uses industry standard practices to protect the Customer’s privacy, the Company does not promise, and the Customer should not expect, that the Customer’s personal information or private communications will always remain private.

Customer’s Obligations

The Customer is responsible for providing the broadband (Internet) connection. Furthermore the Customer is to arrange with a service provider to provide the Internet and the Company makes no representations as to the suitability of any system or its compatibility with the Company. Additionally the Customer is responsible for any and all installations. THE COMPANY DIRECTS THAT THE INSTALLATION MUST BE PERFORMED BY A LICENSED ELECTRICIAN. The Customer is responsible for ensuring the qualifications of the installer and ensuring that the installation is done correctly. The Company bears no responsibility for improper or a failed installation, and shall not replace any purchased equipment damaged in the installation. Any leased equipment damaged in the installation shall be immediately returned to the Company and the Customer shall be billed for the cost of the unit as if he or she had purchased the same.

Liability

The Company is not responsible for errors in installation, malfunctions in the hardware that the customer is using, or malfunctions or problems with the internet service which the customer is utilizing or any injuries, personal damages or pain and suffering arising out of the same. Nor is the Company responsible for damage to the unit arising out of its installation or which occurs during shipping the units, nor for any other third parties’ malfeasance or nonfeasance, actual or perceived.

In those instances where the unit has been purchased, the Company shall bear no responsibility to the Customers’ if their data is lost due to a hardware malfunction. However in those instances where it has rented the unit to the Customer, the Company shall replace the unit as long as the hardware malfunction is not due to the Customers’ malfeasance and or nonfeasance, and no further cost shallbe paid by the Customer.

The Company cannot guarantee continuous or secure access to its services. Operation of the site may be interfered with by numerous factors outside of our control.  The Company is not liable for the reliability of any wireless or broadband services. Furthermore, it is the Customer’s responsibility to report such failures of the network to the Company.

Accordingly, to the extent legally permitted, the Company excludes all implied warranties, terms and conditions. Furthermore, the Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of its’ sites. Regardless of the previous paragraph, if the company is found to be liable, its liability to the customer or to any third party is limited to the greater of (a) the total fees you paid to the Company in the 12 months prior to the action giving rise to the liability, and (b) USD$100.00.

Notices

General notices may be posted to our website and specific notices to you will be placed in your user account from time to time. It is the Customers’ responsibility to ensure that it is receiving all such notices.

Release

Nothing in this agreement and in our site in any way contracts us to perform services or create any obligations with any other party other than the Customer.  Therefore if you have a claim outside of the Customer Agreement with a third party,  you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

General Information

This agreement is binding on your heirs, assigns, executors and administrators, and is not assignable without the permission of the Company.