Terms & Conditions

PRIVACY POLICY

What information do we collect?

We collect information from you when you fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name or e-mail address. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  1. To personalize your experience (your information helps us to better respond to your individual needs)
  2. To send periodic emails
  3. The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information

We use cookies to understand and save your preferences for future visits.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our web site privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

This policy was last modified on 1/4/2015

 

 

Hardware Terms of Sale

  1. PRICES AND TAXES

Unless otherwise stated in writing by OC Technology Solutions LLC., (a) all quoted prices expire in accordance with the quote provided by OC Technology Solutions LLC, and (b) all quoted prices are exclusive of transportation, insurance, federal, state, local, excise, value-added, use, sales, property (ad valorem) and similar taxes or duties now in force or hereafter enacted. Buyer agrees to pay the invoice for all Hardware purchased pursuant to the quote. Buyer will pay all taxes, fees or charges of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between Buyer and OC Technology Solutions LLC. If OC Technology Solutions LLC is required to collect the foregoing, such amounts will be separately stated on the invoice, and must be paid by Buyer unless Buyer provides OC Technology Solutions LLC with a valid tax exemption certificate authorized by the appropriate taxing authority. Buyer agrees to provide OC Technology Solutions LLC with a valid resale certificate for the Hardware purchased for resale.

  1. DELIVERY

At the time Hardware is picked up by the common carrier from a OC Technology Solutions LLC location, it is delivered and title and risk of loss passes to Buyer.

  1. SHIPMENT

In the absence of specific shipping instructions, OC Technology Solutions LLC will ship by the method it deems most advantageous using standard commercial packaging. Buyer agrees to pay all transportation charges and costs associated with shipment of the Hardware, including any special or export packaging requested or required under the circumstances, as determined by OC Technology Solutions LLC. Buyer is responsible for obtaining insurance against damage to the Hardware during shipment.

  1. TERMS OF PAYMENT

All payments are due net thirty (n/30) days from the date of invoice. Past-due invoices are subject to a monthly charge equal to the lesser of one and one-half percent (1.5%) per month, or the highest rate of interest permitted by law. If any invoice remains unpaid after sixty (60) days from the invoice date, notwithstanding any agreement or course of dealing between OC Technology Solutions LLC and Buyer, (i) all subsequent orders will be accepted only on a C.O.D. or cash-with-order basis until satisfactory credit is re-established at OC Technology Solutions LLC’s sole discretion, and (ii) OC Technology Solutions LLC may suspend shipment of any Hardware ordered until all outstanding invoices are paid.

  1. SOFTWARE AND PROPRIETARY RIGHTS

All software supplied is proprietary to OC Technology Solutions LLC and/or its licensors. Use of the software is subject to the terms of the applicable end user agreement. OC Technology Solutions LLC, its licensors or suppliers retain all proprietary rights in and to any Hardware sold.

  1. SALES CONVEY NO LICENSE

Hardware is sold by OC Technology Solutions LLC subject to the condition that the sale does not convey any license, under any patent claim covering complete equipment, or any assembly, circuit combination, method or process in which any such Hardware are used as components. OC Technology Solutions LLC and its suppliers reserve all rights under such patent claims.

  1. LIMITED WARRANTY

The Hardware limited warranty is provided only to an end-user customer for the period set forth in an order that has been accepted by OC Technology Solutions LLC. The end user customer must be: (a) a Buyer purchasing Hardware directly from OC Technology Solutions LLC; or (b) an entity purchasing Hardware from a reseller that (i) is a Buyer of Hardware via the OC Technology Solutions LLC Channel Partner program, or (ii) a reseller that has purchased Hardware from a Buyer who is a distributor. The hardware limited warranty covers defects in materials and workmanship in the OC Technology Solutions LLC-branded Hardware. The limited warranty does not cover: (a) software, including the operating system and software added to the Hardware, or the reloading of software; (b) non-OC Technology Solutions LLC branded products and accessories; (c) problems resulting from (i) external causes such as accident, abuse, misuse, or problems with electrical power, (ii) servicing not authorized by OC Technology Solutions LLC, (iii) usage that is not in accordance with product instructions, (iv) failure to follow the product instructions or failure to perform preventive maintenance, (v) problems caused by using accessories, parts, or components not supplied by OC Technology Solutions LLC; (d) normal wear and tear; and (e) products with missing or altered service tags or serial numbers. OC TECHNOLOGY SOLUTIONS LLC’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT OF THE HARDWARE AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT AS PROVIDED ABOVE, OC TECHNOLOGY SOLUTIONS LLC AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL OTHER, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  1. LIMITATION OF LIABILITY

Neither OC Technology Solutions LLC nor its suppliers will be liable for any loss, damages or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of OC Technology Solutions LLC, including but not limited to supplier delay, force majeure, act of God, labor unrest, fire, explosion or earthquake. In any such event, the delivery date will be deemed extended for a period equal to the delay. OC TECHNOLOGY SOLUTIONS LLC’S AND ITS SUPPLIERS’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR SALE WILL BE LIMITED TO THE REFUND OF THE HARDWARE PURCHASE PRICE. IN NO EVENT WILL OC TECHNOLOGY SOLUTIONS LLC OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE HARDWARE BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT OC TECHNOLOGY SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  1. SUBSTITUTIONS AND MODIFICATIONS

OC Technology Solutions LLC has the right to make substitutions and modifications in the specifications of the Hardware sold, provided that such substitutions or modifications will not materially affect overall product performance.

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between OC Technology Solutions LLC and Buyer and supersedes any other agreements or offers, including any purchase order of Buyer. This Agreement may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not made a part of this Agreement by its express terms. Buyer hereby acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein. No modification of this Agreement shall be effective unless in writing signed by both Buyer and OC Technology Solutions LLC.

  1. WAIVER

The failure by OC Technology Solutions LLC to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance by Buyer of any of the provisions herein, will not in any way be construed as a waiver of such provisions.

  1. APPLICABLE LAW

This agreement shall be governed by and construed in accordance to the law of California and the parties submit to exclusive jurisdiction of Superior Court of Orange County, CA.

  1. ATTORNEYS’ FEES

The prevailing party in any litigation involving the enforcement or interpretation of this Agreement is entitled to recovery of reasonable attorneys’ fees and costs.

  1. IMPORT AND EXPORT REQUIREMENTS

Buyer shall, at its own expense, pay all import and export licenses and permits, pay customs charges and duty fees, and take all other actions required to accomplish the export and import of the Hardware purchased by Buyer. Buyer understands that OC Technology Solutions LLC is subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries and to certain parties as designated by the U.S. government, and when applicable, European Union export laws (including without limitation Council Regulation (EC) No. 428/2009 (as amended)), applicable UN resolutions/EU regulations imposing restrictive measures/trade sanctions/embargoes or other restrictions on exporting goods or services. Buyer warrants that it will comply in all respects with the export and re-export restrictions including but not limited to those set forth in the export license for every product shipped to Buyer.

 

 

TOTALCARE IT MAINTENANCE AND SUPPORT AGREEMENT

This agreement has been made on BLANK between:

OC Technology Solutions LLC. and its primary place of business at 23322 Peralta Drive Ste. 16 Laguna Hills, CA 92653 (hereby known as the “Provider”) and BLANK with its primary place of business at BLANK (hereby known as the “Customer”).

  1. DEFINITIONS

In this agreement the following words and expressions shall have the following meanings:

“Agreement Period” means the period set out in clause 2.

“Commencement Date” means the date set out in clause 2.

“Equipment” means the equipment specified in Appendix A of this agreement;

“Site” means the primary place of the customer’s business;

“Maintenance Charges” means the charges specified in Appendix B to this agreement that is to be paid by the Customer for Services;

“Maintenance Services” means preventative maintenance and remedial maintenance services required to keep the Customers equipment in good working condition and specified in clause 4c.

“Remedial Maintenance Services” means maintenance services requested by the client as specified in clause 4f and g.

“Renewal Period” means the period set out in clause 2.

“Service Hours” means hours between 8:00am – 5:00pm

  1. TERM

This agreement shall commence on BLANK and shall remain in full force for the period of 12 months unless terminated in accordance to clause 8.

  1. MAINTENANCE CHARGES
  1. The Maintenance Charges shall cover all services provided in clause 4. The Maintenance Charges will not cover the costs of any parts, software, manuals, materials, travel or other disbursements which may be necessary or requested by the customer. The customer will be billed separately for these costs as they occur.
  2. Maintenance Charges are payable to the Provider.
  3. The Customer shall pay all other costs within 30 days of receipt of invoice.
  4. The Provider shall be entitled to adjust the monthly maintenance charge by giving the Customer 30 day’s written notice and will take effect when the next maintenance charge is due.
  5. No such adjustment will take place within the initial Agreement Period.
  1. MAINTENANCE SERVICES
    1. The Provider agrees to provide the Maintenance Services to the Customer in respect to the equipment on the terms and conditions set out in this agreement.

 

  1. The Provider shall provide preventative maintenance services during the service hours at intervals necessary to keep the equipment in good working condition.
  2. After the signing of this agreement, in exchange for the payment of the Maintenance Charge, the Provider will perform the following maintenance services as referenced in Appendix B:
  3. All additional work shall be performed at the Provider’s sole discretion and at its then-current standard hourly rates. Additional work is subject to other written agreements the Provider may require.
  4. Maintenance will commence on a mutually agreed upon date and time, and will be performed monthly.
  5. The Provider shall provide additional maintenance and repair services during the Service Hours when notified by the Customer that the Equipment is inoperative. The Provider shall endeavor to respond within 4-hours and if possible, within 24 hours to requests for maintenance and repair.
  6. The Provider shall only provide maintenance and repair outside the Service Hours only if requested by the Customer, for which the Customer will pay the charges for Abnormal Hours specified in Appendix B.
  1. CUSTOMER’S OBLIGATIONS
  1. The Customer will cooperate with the Provider in connection with the Provider’s performance and provide full and free access to the Equipment, adequate working space and facilities such as electrical outlets within a reasonable distance from the Equipment.
  2. The Customer shall obtain, keep and make available to the Provider machine readable copies of all programs, operating systems, drivers and data files relating to the Equipment. The Provider does not assume any liability as a consequence of the Customers inability to use its machine readable data.
  3. The Customer shall not modify, create any derivative work of, or incorporate any other equipment into the network or any portion thereof. The Provider shall not be responsible for any maintenance of, or the repair of problems or malfunctions caused by any modification or enhancements made by the Customer or by anyone else other than the Provider.
  1. BACK-UP
  1. Any additional labor incurred to recover lost files will be charged at the Provider’s charges (normal hours) specified in Appendix B.
  1. WARRANTIES AND LIABILTY
  1. Maintenance Service provided under this agreement does not guarantee un-interrupted operation of the Customers computers, peripherals and network related to regular work.
  2. The Provider, its directors, officers, employees and/or consultants are not liable for any damage, including loss of business, loss of profits, loss of opportunity or any other indirect or consequential loss of damage whatsoever in connection with the Provider’s performance under this agreement and the Customer hereby indemnifies the Provider in respect of same.
  3. The Provider has no responsibility for or liability to correct, validate, bring into compliance or make any other remedy any problem with the programs that is caused in whole, or in part by the improper or inadequate installation of the Customer, or any incompatibility of the Customers environment, hardware or software with the programs.
  1. TERMINATION
  1. The Provider may terminate this agreement at any time by giving at least 15 days’ prior written notice to the Customer not earlier than 30 days from the Commencement date.
  2. The Customer may terminate this agreement at any time giving at least 30 days’ prior written notice to the Provider.
  3. Either party may terminate this agreement immediately at any time by notice in writing if:
    1. The other party commits a breach of this agreement and fails to remedy it within a reasonable amount of time: or
      The other party ceases to continue its business or substantially the whole of its business; orThe other party is declared insolvent or a liquidator, manager, trustee, receiver or similar officer is appointed over any of its assets.
  1. SEVERANCE

If any provision of this agreement is held invalid, unenforceable or illegal for any reason by court of competent jurisdiction, the validity, enforceability or legality of the remainder of this agreement shall not be in any way affected or impaired thereby.

  1. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance to the law of California and the parties submit to exclusive jurisdiction of Superior Court of Orange County, CA.

  1. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the most recent email address, fax number or address notified to the other party, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipted of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

  1. NON WAIVER

The failure of either the Customer or the Provider to insist upon strict performance of any of the provisions contained herein shall in no way constitute a waiver of future violations of the same or any other provision.

  1. THIRD PARTY RIGHTS

This agreement does not create any rights in any third parties, except assigns, successors of heirs expressly permitted hereunder.