Terms and Conditions
1. Payment and Returns
1.1 Payment is due upon submission of the order and, unless otherwise indicated on the Order Form, must be made before products or services will be provided. Late payment is subject to interest at the lower of 1.5% per month or the maximum permitted by law from the date due until paid in full. Customer agrees to reimburse Down Home Web Design, Inc. (DBA DH Consulting) for any costs or expenses incurred by Down Home Web Design, Inc. (DBA DH Consulting) in connection with collecting payment from Customer, including reasonable attorneys’ fees.
1.2 Customer shall be liable for payment of all taxes, however designated, levied or based on Customer’s purchase, license, possession or use of the equipment, services, software or on this Agreement, including without limitation, state or local sales, use, value-added and personal property tax, but excluding any tax on the net income of Down Home Web Design, Inc. (DBA DH Consulting).
1.3 Customer shall have thirty (30) days from the date of purchase during which to return, for any reason, any equipment (subject to a 15% restocking fee) or software for a refund of the fees paid by Customer (if any) using the following procedure only: (a) Customer must first contact Down Home Web Design, Inc. (DBA DH Consulting) at (208) 424-0572 to obtain a Return Authorization Number (RMA), (b) Customer must return at Customer’s expense all equipment and tangible forms of any software within such 30-day period to Down Home Web Design, Inc. (DBA DH Consulting) at 7661 W. Riverside Drive, Boise, ID 83714 with the RMA clearly visible on the outside of the package used to return the Software, (c) Customer must destroy and uninstall all versions of the software otherwise in the possession of Customer, and (d) equipment must be returned in its original packaging, all in like-new condition. Equipment and software not returned within the required 30-day period or without an RMA clearly visible on the return package during such period, and equipment not returned with its original packaging and in like new condition, is not eligible for a refund, and will be refused and/or returned to Customer without refund. Returns not in complete compliance with this limited return policy are not eligible for refunds and will be deemed accepted by Customer for all purposes. All purchases of services provided by Down Home Web Design, Inc. (DBA DH Consulting) are non-refundable after the service has been provided or (30) days have passed from the date of purchase. Requests for refund of services not yet provided must be received within (30) days of date of purchase. These services include but are not limited to: on-site training, in-house training, custom reports and custom training of any type.
2. Equipment Terms
2.1 Down Home Web Design, Inc. (DBA DH Consulting) will use reasonable commercial efforts to have the equipment ship in a timely manner in order to have equipment arrive at the Customer’s specified location at the date requested by the Customer, if any. Customer understands and agrees, however, that Down Home Web Design, Inc. (DBA DH Consulting)’s delivery dates and quantities are otherwise subject to change in Down Home Web Design, Inc. (DBA DH Consulting)’s discretion and Down Home Web Design, Inc. (DBA DH Consulting) shall have no liability of any kind to Customer for any costs or damages related to delays in Customer’s delivery or failure to give notice of delays of delivery of equipment. Delay in delivery or other failure to deliver any part of Customer’s equipment order shall not relieve Customer of its obligation to accept and pay for prior or remaining portions of Customer’s order. In order to accommodate potential uncertainty in transport times and other potential delays, Customer grants Down Home Web Design, Inc. (DBA DH Consulting) the right to ship equipment up to seven (7) calendar days earlier than otherwise requested by Customer. If equipment arrives earlier than requested at the location specified by Customer, Customer hereby agrees to accept and pay for such shipments. Down Home Web Design, Inc. (DBA DH Consulting) reserves the right to make shipments in installments when equipment is available.
2.2 Unless otherwise agreed to in writing and incorporated in the Order Form all sales are FOB Down Home Web Design, Inc. (DBA DH Consulting)’s or the manufacturer’s point of shipment. Down Home Web Design, Inc. (DBA DH Consulting)’s title and risk of loss shall pass to Customer upon making delivery of equipments purchased hereunder to the carrier at Down Home Web Design, Inc. (DBA DH Consulting)’s or manufacturer’s point of shipment. Shipping will be made using carriers selected by Down Home Web Design, Inc. (DBA DH Consulting) or the manufacturer. Customer shall be solely responsible for all shipping costs. Customer shall be responsible for making all claims with carriers, insurers, warehousers, and others for non-delivery, loss, damage, or delay. Any loss or damage after delivery of the equipment to the carrier shall not relieve Customer of its obligations hereunder.
2.3 The equipment purchased from Down Home Web Design, Inc. (DBA DH Consulting) by Customer is covered by the original manufacturers written warranty, if any, included with the equipment as delivered to Customer. To obtain service under warranty, Customer must return at its own expense the defective equipment to Down Home Web Design, Inc. (DBA DH Consulting) at 7661 W. Riverside Drive, Suite 130 Boise, ID 83714 following the “product return” guidelines as outlined in Section 1.3. THERE ARE NO DOWN HOME WEB DESIGN, INC. (DBA DH CONSULTING) WARRANTIES APPLICABLE TO SUCH EQUIPMENT, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
3. Service Terms
3.1 Down Home Web Design, Inc. (DBA DH Consulting) will perform its services in a workman-like manner. In the event Down Home Web Design, Inc. (DBA DH Consulting) does not perform its services in such manner, Down Home Web Design, Inc. (DBA DH Consulting) may elect, as Customer’s sole remedy, to re-perform such services to meet such standard. Down Home Web Design, Inc. (DBA DH Consulting) does not guarantee any specific service result or time for performance, unless specified otherwise in the Order Form.
4. Hosted Services
4.1 Customer use will not adversely impact the experience of other customers or constitute excess usage of Services. The products are designed to meet the typical needs of small and medium businesses. The usage of the product as determined by Down Home Web Design, Inc. (DBA DH Consulting) in its discretion should not exceed such typical use. The product is not intended to support the sustained demand of large enterprises, power users or other non-typical applications suited to dedicated servers and bandwidth.
4.2 Down Home Web Design, Inc. (DBA DH Consulting) will make commercially reasonable effort to provide additional resources to customers who are using the product(s) consistent with these Guidelines, including moving customers to newer and bigger servers or increasing bandwidth as necessary. However, in order to ensure a consistent and quality experience for all customers, Down Home Web Design, Inc. (DBA DH Consulting) may place safeguards to protect against any customer using excessive bandwidth and/or server resources until Down Home Web Design, Inc. (DBA DH Consulting) can evaluate said customer's needs and adjust pricing, if necessary.
5. Limitations on Liability
5.1 Down Home Web Design, Inc. (DBA DH Consulting)’s entire liability and Customer’s exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether liability in contract or in tort, arising under or related to this agreement, shall not exceed an amount equal to the amounts paid by Customer specified in the Order Form. The foregoing limitation of liability shall not apply to claims by Customer or third parties for personal injury or damage to real property or tangible personal property caused solely and directly by the gross negligence or willful misconduct of Down Home Web Design, Inc. (DBA DH Consulting).
5.2 IN NO EVENT WILL DOWN HOME WEB DESIGN, INC. (DBA DH CONSULTING) BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOSS OF USE OR DOWNTIME, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF DOWN HOME WEB DESIGN, INC. (DBA DH CONSULTING) HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Down Home Web Design, Inc. (DBA DH Consulting) and Customer agree that the limitations specified above and otherwise in this agreement will survive and apply even if any limited remedy provided in this agreement is found to have failed of its essential purpose.
6. Miscellaneous Terms
6.1 An order shall be deemed accepted only when Down Home Web Design, Inc. (DBA DH Consulting) provides Customer with a written Order Form and it is returned signed by Customer. Clerical errors or omissions on the Order Form are subject to correction by Down Home Web Design, Inc. (DBA DH Consulting). For all other purposes of this agreement, purchase date controls the return period for all Customers.
6.2 This agreement, including the Order Form, these general terms and conditions, and any addendums attached hereto (the “Agreement”), constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous oral or written representations or communications between the parties. This agreement may not be modified or amended, nor any provision waived, except in writing executed by the appropriate designated officers or other authorized representative of the parties hereto. Any variation in the terms and conditions contained in this agreement (including, but not limited to, the inclusion of Customer’s own terms and conditions in any purchase order or other document issued by Customer in response to and/or referencing this agreement) shall not be deemed to be a part of this agreement and shall not be binding upon Down Home Web Design, Inc. (DBA DH Consulting) unless set forth in writing and executed by the appropriate designated officer of Down Home Web Design, Inc. (DBA DH Consulting). Subject to the limitations expressed herein, this agreement will be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. This Agreement may be assigned by Down Home Web Design, Inc. (DBA DH Consulting) without restriction.
6.3 This Agreement may be executed in two counterparts, each of which shall be deemed an original and both of which shall constitute one and the same instrument. A facsimile, telecopy or other reproduction of this Agreement may be executed by one or more parties hereto, and an executed copy of this Agreement may be delivered by one or more parties hereto by facsimile or similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen, and such execution and delivery shall be considered valid, binding and effective for all purposes.
6.4 If a part of this Agreement is held unenforceable or invalid or prohibited under law, it shall be struck from this Agreement and shall not affect the enforceability of the other parts of this Agreement.
6.5 This agreement shall be construed and enforced in accordance with the laws of the State of Idaho which are applicable to the construction and enforcement of contracts between parties resident in Idaho which are entered into and fully performed in Idaho. ANY ACTION OR PROCEEDING BROUGHT BY EITHER PARTY HERETO AGAINST THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN THE COUNTY OF ADA, STATE OF IDAHO AND BOTH PARTIES HEREBY CONSENT TO THE JURISDICTION AND VENUE OF SUCH COURTS FOR THAT PURPOSE.
6.6 In the event either party commences a legal proceeding to enforce this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys’ fees and costs from the other party, to be fixed by the court in the same action.
6.7 Down Home Web Design, Inc. (DBA DH Consulting) shall not be liable for any loss, penalty, damages or be held for breach or failure to perform any aspect of this Agreement when the failure to perform is due in whole or in part to causes outside of Down Home Web Design, Inc. (DBA DH Consulting)’s reasonable control, including, but not limited to, acts of nature, acts or omissions of Customer, judicial action, acts of civil or military authority, war, terrorist activity, sabotage, civil unrest, shortages of energy, raw materials, labor, or equipment, delays in transportation, or acts of God.
