SERVERSCHECK Sales Terms and Conditions

Effective from July 20th, 2016. Sales terms for purchases prior to July 20th, 2016 are available here

By submitting your order you agree to the terms and conditions set forth in this document. The following terms and conditions supercede all other terms and conditions printed on Purchase Orders or any other document. The terms are governed by the laws of the Kingdom of Belgian. The terms and conditions are subject to change without prior notice.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “AGREEMENT TO ARBITRATE” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SERVERSCHECK BV ("SERVERSCHECK") WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO ANY OTHER FORM OF TRIAL OR LEGAL PROCEEDINGS.

1. Pricing: Pricing on any SERVERSCHECK owned website is valid until the end of the business day only. SERVERSCHECK may adjust its pricing at any given time without prior notification. Prices made in formal quotes from SERVERSCHECK have a validity of 15 calendar days from the day the quote was issued. Prices are ex-Works and exclude any taxes (such as VAT, import duties and others). Errors in quotes related to computation errors result in cancellation of the price quote made by our systems. Prices on invoices have a validity of 15 calendar days after which the pricing and order may no longer be honored.

2. Consumers: Due to certification limitations, SERVERSCHECK's products are not available to consumers. Only registered companies or organizations may purchase the SERVERSCHECK products. For any purchase in the European Union a valid VAT number is required. The use of the SERVERSCHECK products is only permitted as test equipment for industrial or commercial use.

3. Payments and Order Processing: All orders are placed in Europe. Any order has to be submitted through our website at https://store.serverscheck.com/

Products are only shipped after payment reception in full. For customers requiring credit facilities, we offer the option to pay by corporate credit card.

You can track your order status 24x7 from following url: https://store.serverscheck.com/orders

Under the terms of these Sales Terms and Conditions, SERVERSCHECK 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.

4. SMS Credits: Prepaid SMS credits have a validity of 12 months (360 days) from the day of purchase.

5. Order fulfillment: Orders are shipped upon payment reception only. They are shipped from any of our geographically spread warehouses. At time of purchase an indication of stock availability for US customers is shown prior to checking out and confirming your order. A shipping estimate will be provided through the customer order page at time of payment booking. Whenever possible, non discounted orders are shipped on a first paid first shipped basis; such orders may also be prioritised over discounted orders.

6. Refund Policy: A 30-day money back guarantee applies only to products purchased directly by credit card from SERVERSCHECK for orders up to $2500 USD or its equivalent in EURO, GBP. For larger orders we recommend that customers first purchase test units to validate our software and hardware. Shipping, credit card commissions, a 15% restocking fee and brokerage fees are not included in the 30-day money back guarantee and are not refundable or creditable. Damaged goods, partial returns, used products or 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. Discounted items are excluded from the refund policy.

All products need to be returned within 30 calendar days after reception the products. Products need to be returned after obtaining a Return Material Authorization (RMA) number in their original packaging and without visible signs of use to SERVERSCHECK's main returns processing facility located in Belgium, Europe.

Refunds for software products are issued upon reception of a duly signed Letter Of Destruction within 30 days after booking of payment.

Refunds are paid by international wire transfer (SWIFT) with wire transfer fees paid for by recipient.

Premium Plans & discounted purchases are explicitly excluded from the refund policy.

7. Warranty Policy: SERVERSCHECK branded hardware is covered by a 1 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.

Warranty extensions can be optionally purchased within 45 days of the order from https://premium.serverscheck.com

8. RMA: Return Policy (refund or repair) Any return (for refund or repaird) needs to follow our Return Material Authorization (RMA) procedure. Any shipment sent directly to SERVERSCHECK without a RMA number or not following the RMA procedure, will be refused or returned to the sender at their expense. A RMA number can be obtained through our sales department (for refund and subject to our refund policy) or through our support department (subject to our product warranty).

A RMA can be requested from our website at https://serverscheck.com/support/rma.asp

9. International Shipments: All orders are governed and shipped under the incoterm DDU (Delivery Duty Unpaid). When shipping fees are not prepaid, then orders are shipped under the incoterm EX-WORKS. For customers wanting a certificate of origin, such a certificate has to be requested PRIOR to shipping and incurs a flat-fee of $150 USD.

10. 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 apply to all software. Regardless of criteria established by SERVERSCHECK, 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. A license 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.

11. 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


12. Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SERVERSCHECK OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS & SERVICES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SERVERSCHECK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL THE TOTAL LIABILITY OF SERVERSCHECK ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SERVERSCHECK AND YOU.

13. Marketing: SERVERSCHECK may use only the customers company name and/or logo in its marketing to reference the customer as a user of SERVERSCHECK's products. If you don't agree to this, then at any time you may contact us to have such reference removed.

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.

14. Country of Origin: Unless stated otherwise, all SERVERSCHECK products are assembled in Thailand. TAA compliant versions of our products are available upon request. Contact hello@serverscheck.com for TAA pricing and minimum order quantity.

15. Dispute Resolution: You and SERVERSCHECK agree that any dispute, claim, compensation or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the SERVERSCHECK Products (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent Belgian jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action”).

Arbitration Rules: The arbitration will be administered by CEPANI, the Belgian Centre for Arbitration and Mediation ("CEPANI") in accordance with the Belgian Judicial Code Provisions for Arbritration ( http://www.cepani.be/en/arbitration/belgian-judicial-code-provisions ) adn the CEPANI rules for Disputes ( http://www.cepani.be/en/arbitration/rules/disputes-%E2%82%AC-25000 ).

Arbitration Procedure: the arbitration will be conducted in the Kingdom of Belgium. If your claim does not exceed EUR 25,000, then the arbitration will be conducted entirely in writing on the basis of the documents that you and SERVERSCHECK submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds EUR 25,000, your right to a hearing will be determined by the CEPANI Rules. Subject to the CEPANI Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

16. Governing Law: The sales terms and conditions are governed by the laws of the Kingdom of Belgium and any dispute arising of these terms or use of the SERVERSCHECK Products & Services shall be resolved as per Article 15 and is subject to the exclusive jurisdiction of the Belgian courts.