Terms of Service

Please read these Terms of Service carefully before approving your Net Friends proposal. These terms apply only to proposals in which this web page is incorporated by reference.

Scheduling

Net Friends shall use reasonable efforts to deliver quoted items in a timely fashion. If any item is backordered or unavailable from distributors, Net Friends shall notify you of this promptly when it becomes aware. Net Friends may cancel any item on the proposal that it is unable to procure, and this cancellation will not relieve you of your obligation to pay for other items under the existing terms.

Conditions of Work

1. Net Friends shall perform any labor covered by this proposal at a Net Friends facility unless the nature of a task requires that it be performed at a Customer location.
2. Net Friends shall not perform work under hazardous, unsafe, or unhealthful conditions.
3. You affirm that you use of third-party products does not violate applicable laws or regulations or infringe the rights of any third party. Net Friends is not required to monitor or remedy your adherence to copyright law or to any license agreements between you and a third party.
4. You shall facilitate Net Friends’s performance of services, provide Net Friends with reasonable access to information necessary to provide service, and use reasonable efforts to respond promptly to Net Friends communications. You acknowledge that such responses may be necessary for Net Friends to perform service.
5. You acknowledge that Net Friends does not control the flow of information to or from Net Friends’s network, your network, and other portions of the internet. Net Friends is not required to provide security or protection for your privacy, confidential information, or data except as required by law or under another agreement between you and Net Friends.
6. Net Friends does not make, and hereby disclaims, all other express or implied warranties, including warranties of merchantability, fitness for a purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice.
7. Net Friends is not liable to you for any unauthorized access or use, corruption, deletion, destruction, or loss of any data or applications, except to the extent resulting from the negligence or intentional misconduct of Net Friends or its employees.
8. In connection with the services provided to you under this proposal, Net Friends may (i) install software on computers belonging to you and, (ii) in connection with that installation, accept on your behalf end user license agreements or other terms and conditions with respect to such software (these agreements and terms, “Third-Party Agreements”). Upon Net Friends accepting a Third-Party Agreement on your behalf, you will be deemed to have reviewed and approved that Third-Party Agreement.‍

Payment

You agree to pay Net Friends the stated price on the proposal for labor, as well as all third-party hardware, software, and licenses purchased by Net Friends under this proposal, on Net 30 terms. If you have not fully paid any invoice within 30 calendar days after the date of that invoice, the unpaid amount due will accrue interest at the rate of 1.5% per month, with the first interest applied at 60 calendar days after the date of the invoice. If required to effect collection of payment, you shall reimburse Net Friends’s reasonable collection costs, including collection agency fees, reasonable attorneys’ fees and court costs.

To dispute an invoice, or any portion of an invoice, you must make the dispute in writing, within 30 days of receipt of that invoice, together with documentation supporting the dispute. All undisputed portions of any invoice continue to be payable 30 calendar days from the date of invoice. The parties shall use reasonable efforts to resolve the dispute in good faith and as expeditiously as reasonably possible. Upon resolution of any dispute, you shall make the agreed-upon payment within 10 days of such resolution.‍‍

Damages

Neither party shall be liable to the other party, or any third party, for any special, punitive, indirect, incidental, or consequential damages (including, without limitation, lost profits, lost revenue or loss of use) arising out of this proposal or any of the activities contemplated hereby, whether based on contract, tort or any other legal theory, and irrespective of whether a party has been advised of the possibility of any such loss or damage. Neither party shall be liable in the aggregate to the other party, or any third party, for any damages related to, or as a result of, this agreement in an amount exceeding the total amount paid or payable (whichever is greater) to Net Friends under this proposal.