The following terms and conditions apply to current booking/s and supercede all other terms and conditions printed on Purchase Orders or any other document. These sales terms and conditions are subject to change without prior notice.

Pricing Info & License Terms: Pricing on any ServersCheck regional website are valid until June 30, 2008 . The pricing of license fees is for a non-exclusive, non-transferable license to install the software on one (1) single computer. Additional licenses need to be purchased when installing the software on more than one (1) computer. Pricing is not based on the number of computers you wish to monitor but the number of times the software is installed.

Payments and Order Processing: All orders are placed in Europe. ServersCheck BVBA has consigned responsibility for receiving online payment to ShareIT, Element 5 AG. Purchase Orders and orders by invoice are processed directly by ServersCheck BVBA and have to be fully paid within 30 days after invoice date. Only business purchases are accepted. After the 30 days, ServersCheck no longer warrants the availability of the order products and/or their price. Goods and software license keys are only shipped after payment reception in full.

Product license keys will be provided by e-mail within 24 hours after payment reception. Software may be downloaded from the ServersCheck web site and purchased version is available for download up to 30 days after purchase. CD media may be added to your order. CDs are shipped within 5 business days of your order.

Depending on availability, sensors are shipped every Tuesday and Thursday. If insufficient stock is available then 10 business days should be added for delivery unless otherwise indicated on our website.

Under the terms of these Sales Terms and Conditions, ServersCheck BVBA shall be entitled at its own discretion to charge a penalty fee of 50 EURO and an interest on any overdue amounts at a rate of 1.5% per started overdue monthy. Such provisions shall in no way affect the payability of the debt.

Any balance in favor of the customer will be used towards future settlements. If the customer wishes to have the balance transferred back into his account, then this will involve a 50 EURO non refundable administration fee.

Price Quotes: Pricing are indicative and non-binding. ServersCheck may adjust its pricing at any given time without prior notification. Errors in quotes related to computation errors result in cancellation of the price quote made by our systems.

Academic Users: Selected ServersCheck products are available to schools, non-profit organizations and universities at educational discounts by contacting ServersCheck Sales.

Return Policy: A 30-day money back guarantee applies only to software and hardware purchased directly by credit card from ServersCheck for orders up to $2500 USD. For larger orders we recommend that customers first purchase test units to validate our software and hardware. Shipping and brokerage fees are not included in the 30-day money back guarantee and are not refundable or creditable. Damaged goods, partial returns, support renewals are not subject to a refund. Products not purchased directly from ServersCheck must be returned to the place of purchase and are subject to the return policies of the place of purchase.

All products need to be returned within 30 calendar days after reception the products. Products need to be returned in their original packaging and without visible signs of use to ServersCheck's main facility located in Belgium, Europe.

Refunds for software products are issued upon reception of a duly signed Letter Of Destruction within 30 days after receiving the original license keys.

Non software products returns need to follow our Return Material Authorization procedure. No Product may be returned directly to ServersCheck without first contacting ServersCheck for a RMA number. Such a RMA number will be given to you by our sales deparatement. All returns need to follow our RMA procedure and need to have shipping fees and duty fees prepaid. An unauthorized return, i.e. one for which an RMA number has not been issued or for which shipping/duties were not prepaid, will be refused.

Refunds are done through international wire transfer (SWIFT).

Warranty Policy: ServersCheck branded hardware is covered by a 2 year limited warranty.

Following products are explicitely excluded from the warranty: cables and power adapters part of sensor packages.

External causes such as accident, abuse, misuse, or problems with electrical power are not covered. Are also not covered by this warrant: Servicing not authorized by ServersCheck, or Usage that is not in accordance with product instructions, or Failure to follow the product instructions or failure to perform preventive maintenance, or Problems caused by using accessories, parts, or components not supplied by ServersCheck.

Installing other software on the Monitoring Appliance will void the warranty and support for it. Non certified software by ServersCheck may interfere with the Monitoring Software for which the device was designed for.

Upgrade Policy: Licensed users may download and install minor updates (ie. version 5.7.1 to version 5.7.2) at no charge. Upgrade discounts are available to upgrade from the previous major version to the current major version (ie. v5.6.x to v5.7.x). Annual Service Agreements may be purchased along with a product license, which include new versions for a 12 (twelve) month period. Complimentary license upgrades are provided for licenses purchased 15 days prior to a new version release. This policy is subject to change.

Service Agreements: allows you to receive all product upgrades and email technical support on any product purchased from ServersCheck for 12 (twelve) months. Before expiration of your Service Agreement, you can renew it for another twelve months. The date (day-month) of the a new support agreement purchased starts at the day and month of the initial purchase when the original license key was issued by ServersCheck and the year of the date when the support agreement was purchased. After expiration of a service Agreement, it can not be renewed without the purchase of a new license. Renewal is the date of payment reception. Renewals are not refundable. Expiration timings are based on Central European Time (CET) zone, GMT +1.

Users without a support agreement may update within their same minor version number (ie. version 5.7.1 to version 5.7.2) at no charge. ServersCheck will create a HelpDesk account once payments have been received in full. An account is for one named user only and ServersCheck will only communicate with the designed ServersCheck user within your organization. Generic or free account email addresses are not permitted. As a customer you can ask to change the ServersCheck support contact within your organization once every 30 days. Service agreements are priced at 20% to 30% of the license fee depending on the product.

Support is limited to the application purchased or the purchased devices. ServersCheck does not provide technical support for the remote systems being monitored.

License Agreements: Rights to all software ordered from this website belong to the licensor of the software. The rules and regulations governing licensing agreements of software supplied by ServersCheck BVBA apply to all software. Regardless of criteria established by ServersCheck BVBA, customers are subject to the applicable licensing agreement from the time they break the seal of the package or from the time indicated in the applicable software license agreement. ServersCheck may terminate the rights to products ordered at any given time. If the termination is not the cause of violation of these terms & conditions, nor of the license agreement, then ServersCheck will refund the customer at its own discretion.

Termination of Support and Warranty: Support agreements and warranty to End Users are automatically terminated in any of the following situations:
- Violation of the license agreement by the End User
- Late or non-payment for products and services rendered by the End User or Reseller
- Failing to execute the reseller agreement as signed by the Reseller

Liability: ServersCheck BVBA is not responsible for any damage caused by its products or software themselves or that result, whether directly or indirectly, from use of the products, except in cases where ServersCheck BVBA is negligent. In the event that ServersCheck BVBA is found responsible for such damages, it shall not be liable for any amount that exceeds the purchase price of the product or software involved.

Customers cannot transfer rights or obligations that are based on these terms and conditions without ServersCheck's written approval.

In the event that a court of law finds any part of these terms and conditions to be invalid, illegal or impossible to apply, the validity, legality and possible application of all other parts of these terms and conditions shall remain unaffected, with the exclusion of and no hindrance from the excluded articles. These terms and conditions will be governed by and construed in accordance with the laws of Belgium without giving effect to the principles of conflict of laws thereof, and to the extent permitted by applicable law, all parties consent to the jurisdiction of courts situated in Leuven, Belgium in any action arising under these terms and conditions.