General Terms and Conditions for the Purchase of Products and Services
and Limited Warranty
The following General Terms and Conditions for the Purchase of Products and Services, and Limited Warranty (“Terms”) of SinglePoint Communications, Inc., an Oregon corporation (“SinglePoint”) shall apply to and form a part of all sales of the products by SinglePoint (“Product(s)”) and all software, technical support and other services provided by SinglePoint (“Services”). Any sale of, or acceptance by SinglePoint of an offer to purchase Products and/or Services is expressly limited to and shall be governed by these Terms. Any additional or different terms provided by you or added to any purchase order, invoice, business form, or acknowledgement are expressly rejected, and no subsequent performance or delivery by SinglePoint shall be considered an acceptance of any such inconsistent or additional terms.
Please read these Terms carefully and understand them before ordering any Products and/or Services from our website. By Placing an Order for Products and/or Services from our Website, you accept and are bound by these terms and conditions. SinglePoint reserves the right to revise these terms (including pricing) at its discretion without prior notice (but, not to be effective retroactively). Use of SinglePoint services will constitute acceptance of these terms and the amendments.
Order Acceptance. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept an order, cancel an order, or limit order quantity, at our sole discretion, even after you are sent confirmation with your order number and details of the items you have ordered, or other order confirmation. If SinglePoint cancels an order after accepting payment, you will be issued a refund. SinglePoint reserves the right to alter or adjust listed prices at any time, as well as, to correct errors in listed-pricing errors.
Fulfillment and Delivery. Many factors influence the lead times and availability of the Products. SinglePoint makes no representation or warranty that Product will be in stock, or that any set lead-time is guaranteed. Prior to fulfillment of any order, SinglePoint may also require certain information and specifications from you. Delays in the delivery of information and materials requested by SinglePoint (or advance payment where required) may cause delays in fulfillment of an order, and/or activation of Products and Services, and SinglePoint shall have no responsibility for any such delay.
Activation. Products are shipped Activated, unless you notify SinglePoint at the time of order that some or all of the Products are to be shipped without activation. Activation of a Product after shipment requires a lead time of 3-5 business days. “Activated” means the activation of the Service Plan connected with a Product, and “Activation” means the time a Product is Activated, which generally occurs at time of purchase.
Product issues. All Product issues should be addressed by submitting a ticket through SinglePoint’s provided portal at email@example.com.
Standard Product Support and Service. All sales of Products are accompanied by SinglePoint’s 30-day technical support services to assist in the initial set up of your new Products, as described below.
Software and Technical Support. As mentioned above, for each Product sold by SinglePoint you will be entitled to 30 days of technical support by phone for your initial set up. Additional software and technical support packages are available for purchase and such features and pricing are set forth on applicable data sheets posted on the SinglePoint website. All Services issues should be addressed by submitting a ticket through SinglePoint’s provided portal at firstname.lastname@example.org.
Data Plans. A choice of data plans is available for each Product sold by SinglePoint (a “Service Plan”). In most cases, each Service Plan is equipped with a data plan provided by a third-party cellular/mobile carrier elected by you. Changes to carriers and data plan limits may be available to you during the then-current cycle, provided however that there may be costs applicable to any such change. Service Plan features and pricing are set forth on then-current applicable data sheets posted on the SinglePoint website.
Add-Ons. SinglePoint provides certain add-on features, such as, extended technical support (i.e. SingleCARE, SinglePlan) Content Filtering and Wifi as WAN (“Add-Ons”). Add-Ons are provided at additional cost to you in addition to Service Plan costs. Add-Ons may or may not run concurrently with Service Plan cycles, and may subject you to cancellation costs and fees if terminated.
Services Invoicing. All Services, including Service Plans, Add-Ons and/or software and technical support packages (i.e. SingleCARE, SinglePlan, etc.) are invoiced and due monthly in advance on or before the first day of each month, provided however that you may elect to take advantage of discounted annual payment options. Services require you to register your recurring payment method (i.e. ACH or credit card) with our third-party payment servicer at billing,your1point.com. Service Plan fees are exclusive of overages, which are billed to you when incurred, and are due and payable NET 0 of invoice. If your Services beginning on any day other than the first day of a calendar month,
Recurring Payment. By purchasing Services form SinglePoint you are authorizing regularly scheduled charges to your credit card or other electronic payment information. Charges include standard monthly fees for Service Plans and Add-Ons, as well as, for non-recurring charges such as overages chargeable to your account. A receipt for each payment will be provided to you and the charge will appear on your credit card or bank statement. No prior-notification will be provided unless except where there are changes to recurring charges, or where you incur non-recurring charges (i.e. overages), in which case you will receive notice prior to the payment being collected. Your credit card or other electronic payment authorization will remain in effect until you cancel it in writing. You agree to keep current your account information, and to notify SinglePoint of any changes, or any termination of this authorization at least 15 days prior to the next billing date. If your payment date falls on a weekend or holiday, your credit card or your other form of electronic payment may be executed on the next business day. You agree that you will not dispute Services charges so long as the transactions correspond to the terms indicated above.
Software and Management Tools. All Service Plans include usage of embedded management software (the “Software”) which enables access to administrative settings, user reports, data usage statistics, signal coverage, GPS functionality, content management and filtering, and bandwidth and data usage limitation controls. The Software also allows remote access by SinglePoint to troubleshoot Products and to provide technical support. You authorize SinglePoint to access Products for such purposes, and to make changes to Products and Software settings on your behalf.
You may be able to avoid overage charges by monitoring and controlling data usage and roaming through Software features. Unless otherwise requested in writing, Products are delivered with factory default setting regarding bandwidth and throttling, and such standard specifications will not aid in the avoidance of overage charges applicable to usage volumes or patterns, or otherwise to maximize or optimize use of Products. Any changes to a Product or Software settings may subject you to overage charges. SinglePoint does not monitor data usage. The monitoring and control of data usage, and avoidance of overage charges, is your sole responsibility.
You may not return any Product to SinglePoint without the prior written authorization of SinglePoint and a valid Return Materials Authorization (“RMA”) number. Any authorized Product return must contain the RMA number and SinglePoint-provided RMA form. You shall be responsible for all transportation costs for returns of Product to SinglePoint, and shall bear all risk of loss or damage to such Product while in transit. If the Product returned qualifies under the terms of the Limited Warranty, below, SinglePoint will credit you for shipping costs incurred to return Product, and SinglePoint, at its expense, will ship any repaired or replacement Product to you, if a refund is not provided. Where Product returned is not covered by the terms of the Limited Warranty (i.e. invalid or “no defect found” returns, etc.) you remain responsible the Product (unless SinglePoint otherwise agrees to accept the return of the Product, in its sole discretion), as well as, all shipping costs and a handling cost per unit assessed by SinglePoint. SinglePoint, may, but will not be required to accept returns of Product in scenarios other than those covered by the Limited Warranty. Any refund offered by SinglePoint will be based on your original payment method. For clarity, Service Plans are not eligible for return, and the return of Product subject to a Service Plan does not serve to cancel or eliminate your responsibility under your Service Plan. Any repaired or replaced Product shall be warranted for a period equal to the greater of (i) the balance of the applicable warranty period relating to such Product or (ii) 60 days after it is received by you.
Except for the express representations and warranties made by SinglePoint below, SinglePoint excludes and disclaims all representations, warranties, and conditions of any kind, express or implied, and those arising by operation of law, course of dealing, or usage of trade. SinglePoint does not warrant that the Products or Services will meet your requirements, that the Services will be compatible with third-party products, goods, software, services, or systems, or that the Services will be without delay, error free, or uninterrupted, or that any bugs or defects in software will be corrected. This Limited Warranty states your sole and exclusive remedies for a breach of representation, warranty or condition.
Limited Warranty. This Limited Warranty gives you specific legal rights, however, you may have other rights that vary by country, province, and/or state. Except as permitted by applicable law, SinglePoint does not exclude or limit other rights you may have. To understand your rights, please consult the laws of your country, province, and/or state. To the extent permitted by law, this Limited Warranty and the remedies set forth in this section are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, and whether express, implied, or statutory. This Limited Warranty extends only to the original end-user purchaser and is not assignable or transferable to any subsequent purchaser or user.
What is covered by this Limited Warranty?
Products. The Products, when used within the limits set forth in the documentation (data sheet and user manual) will be free from defects in materials or workmanship, including latent or patent defects for a period of 1 year from the date of purchase by the original purchaser (“Warranty Period”); will be delivered free from any security interest, lien, or other encumbrance; will, as delivered, substantially conform to samples furnished by SinglePoint, if any; and will comply with all applicable law relating to the sale of goods. Further, SinglePoint agrees to pass through to you all manufacturer warranties covering the Products, and, in the event of any defects, to facilitate any warranty claims against manufacturers on your behalf.
Services. SinglePoint has full power and authority to provide the Services to you. All Services will be performed by SinglePoint in a professional manner. SinglePoint is sufficiently experienced, properly qualified, registered, licensed, equipped, organized, and financed to perform the Services.
What is not covered by this Limited Warranty? This Limited Warranty is limited and does not provide any remedies with respect to: (1) damage caused by use of the Product with any third-party product, good, or service; (2) installation, operation, repair, or maintenance of the Product not in accordance with instructions supplied by SinglePoint; (3) defects or damage caused by misuse, accident, neglect, abuse, or exposure to abnormal physical or electrical stress; (4) any alteration or modification of the Product by any person other than SinglePoint; (5) Product supplied or licensed for evaluation, promotional, testing, or demonstration purposes; and (6) any other issue not expressly covered. Additionally, if the Product assembly seal has been removed or damaged, the serial number or the warranty label of the Product has been altered, defaced, or removed, SinglePoint is relieved of any obligation with respect to such Product.
What is SinglePoint’s obligation in the event of a breach of this Limited Warranty? If during the Warranty Period you submit a valid claim to SinglePoint regarding the Products, your sole and exclusive remedy, and SinglePoint’s sole and exclusive responsibility, under this Limited Warranty will be, at SinglePoint’s option, to repair the Product with new or refurbished parts, provide an equivalent new or refurbished replacement Product, or to refund you the amount paid to SinglePoint for such defective Product, if any, that is subject to the warranty. Any repaired or replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. If during the Warranty Period you submit a valid claim to SinglePoint regarding the Services, your sole and exclusive remedy, and SinglePoint’s sole and exclusive responsibility, under this Limited Warranty will be to perform or credit you for the Services subject to this Limited Warranty.
How do I Obtain Service? To obtain warranty service subject to this Limited Warranty, please send written correspondence, together with proof of purchase, to SinglePoint at the address specified at the bottom of these Terms, or you can contact support and service via email to email@example.com. Please be prepared to note the serial number of the defective Product in the event of a Product related claim. In order to obtain warranty service, the Product must be returned will all original parts, accessories, and documentation, together with your SinglePoint issued RMA number. Evaluation of any Product will be subject to a $75 evaluation fee, which such fee shall be waived by SinglePoint if the subject Product is determined to be covered by this Limited Warranty. You are responsible for all shipping, freight, insurance, duty, taxes, and other costs and expenses applicable to the transportation of the Products to SinglePoint, and if the subject Product is determined to be covered by this Limited Warranty, SinglePoint will, if delivering to you replacement or repaired Product, cover the cost of return shipping of the repaired or replacement product to you.
This Limited Warranty gives you specific legal rights, however you may have additional rights under applicable law, which vary by country, province, and/or state. Except as permitted by law, SinglePoint does not intend to limit any rights you may have.
Disclaimer Of Warranties. Except for this Limited Warranty the Products provided “as is”, with all faults, and without warranty of any kind, and SinglePoint disclaims all representations, warranties, conditions, and terms, with respect to the Products, whether express, implied, statutory, or by common law, custom, usage, or otherwise, including without limitation performance, the warranties of merchantability, fitness for a particular purpose, satisfactory quality, quiet enjoyment, and noninfringement.
If SinglePoint cannot lawfully disclaim such warranties, then to the extent permitted by law, SinglePoint limits the duration of such warranties to the lesser of the Warranty Period or the minimum time permitted under such law, and limits your remedies to, at SinglePoint’s option, the replacement, repair, or refund described above. Some states, countries, and/or provinces do not allow limitations on the duration of an implied warranty or condition, and accordingly the above limitation may not apply to you.
At your request, SinglePoint may, at SinglePoint’s discretion, furnish technical assistance and/or information with respect to the Products and third-party software, services, or systems to be used in connection with the Products, including without limitation any service carrier. SinglePoint makes no representation or warranty of any kind or nature, expressed or implied, with respect to technical assistance or information so provided, and any suggestion by SinglePoint regarding the use, selection, application or suitability of the Products, or any third-party software, service, or system, shall not be construed as an expressed warranty unless specifically designated as such in writing by SinglePoint.
Pricing. SinglePoint pricing is subject to change without notice, as the costs of supply and market forces dictate. SinglePoint pricing changes are at the discretion of SinglePoint, provided however that no such price adjustment shall affect already accepted Orders.
Payment. Payment shall be in U.S. dollars and in immediately available funds. SinglePoint reserves the right to assess interest on overdue payments at a rate of one-and-one-half percent (1½%) per month (or the maximum rate allowed by applicable law, whichever is less) from the due date until all past due amounts and accrued interest is paid in full. If you make payment utilizing third-party credit (including by credit card) and a dispute arises between you and SinglePoint regarding the charges, you agree to resolve the dispute with SinglePoint directly and not involve the third-party issuing or extending credit in such dispute.
Taxes. You will bear all legally imposed transaction taxes, duties, and import or export taxes or charges, on the Products and Services including, but not limited to, sales, excise, use, value added, goods and services, provincial sales tax, consumption and business taxes, and other similar transaction-based taxes.
Risk of loss. You bear the entire risk of loss, theft or damage to the Product(s) for any cause. Even if the Product is lost, stolen or damaged, you remain obligated for the balance of payments due.
Third-Party Commerce. SinglePoint utilizes third-party commerce platforms and payment systems to take the placement of orders and to process payments. Those third-party commerce platforms and payment systems have their own terms of service and privacy policies, which you should review in their entirety. SinglePoint shall not be responsible for the acts or omissions of such third-party commerce platform and payment systems.
Limitation of Liabilities and Remedies. To the maximum extent permitted by law, SinglePoint is not, in any event, liable or responsible to you or any other Person for any indirect, special, incidental, collateral, exemplary, punitive, or consequential damages or losses of any nature whatsoever, resulting from or arising out of any breach of this Limited Warranty or other warranty or condition, use or loss of use of the Products or , or under any other legal theory (including negligence) including without limitation for: (i) loss of use of the Product, or any hardware, or third party system, software or service used in connection with the Product, or the cost of any replacement products, goods, software, or services; (ii) lost actual or anticipated revenue, profits, or savings, or loss of business or loss of opportunity; (iii) loss of, damage to, compromise, or corruption of data or other files of any kind; (iv) loss of goodwill or reputation; (v) damages resulting from business interruption, personal injury or failure to meet any duty of care; (vi) third-party claims; (vii) any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property; or (viii) any costs of recovering, programming, or producing any system, software or data used with a Product, even if SinglePoint has been advised of or reasonably should have known of the possibility of such damages. In no event will SinglePoint’s total cumulative liability for all damages or loss exceed the actual price paid to SinglePoint by you for the Product subject to your claim, even in the event of a fundamental or material breach or a breach of the fundamental or material terms of these Terms, or any other agreement between you and SinglePoint. Multiple claims will not expand this limitation. Some states, countries, and/or provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.
Force Majeure. SinglePoint shall not be liable or responsible to you, or to any other person, for any default or delay in the performance or delivery of any Order, or for any damages suffered by you or any other person by reason of such default or delay, if such default or delay is caused by or occasioned upon, directly or indirectly: (a) your request to delay or suspend any Order, your delay in performance relating to the Order, including without limitation delivery of information and materials; (b) any force majeure event, including without limitation strikes, fires, flood wars, acts of nature, supplier default, shortages in labor or materials, any outbreak or escalation of hostilities, acts of terrorism, war, riots, civil disorders, or sanctions, inability to obtain products or materials through SinglePoint’s usual and regular sources at prices and terms commercially reasonable to SinglePoint, damage to plant, governmental regulations, or other cause or circumstance beyond the reasonable control of SinglePoint; (c) any loss of signal or other failure in performance by any third-party product or service including without limitation common carriers, or service carriers.
Disputes. You agree to notify SinglePoint of any claim(s) arising out of or in any way related to these Terms, or the Products and/or Services, within 180 days after the claim(s) arises, or within the applicable statutory limitations period(s) provided by law, whichever occurs first. You acknowledge that failure to do so shall act as a bar to any claim you may have, and you waive any longer statutory limitations period to the contrary, to the extent permitted by applicable law. Except as otherwise provided below, and except for claims that cannot lawfully be required to be arbitrated under applicable law, you agree to resolve any dispute, controversy, or claim relating to or arising out of these Terms, or to the interpretation or breach of these Terms, or to the existence, scope, or validity of these Terms, or the Products or Services (including without limitation, tort claims, estoppel, waiver, and other conditions precedent to arbitratability) by arbitration with the Arbitration Service of Portland and subject to its then-applicable rules, in Portland, Oregon. Either you or SinglePoint may seek from a court an order to compel arbitration, or any other interim relief or provisional remedies pending an arbitrator’s resolution of any controversy or claim. Any such action or proceeding – or any action or proceeding to confirm, vacate, modify, or correct the award of the arbitrator – will be litigated in courts located in Multnomah County, Oregon, and for such purposes, you consent and submit to the jurisdiction of any local, state, or federal court located in Multnomah County, Oregon. In the event that your fail to make timely payment to SinglePoint, and SinglePoint does not institute any arbitration or litigation, you agree to pay to SinglePoint, upon demand, all reasonable costs and expenses incurred, including but not limited to attorney’s fees and collection fees, incurred by SinglePoint in attempting to collect amounts owed by you to SinglePoint.
Severability. If a provision of these Terms is determined to be unenforceable in any respect, such provision will be deemed severed and the remaining provisions of these Terms shall not be impaired.
Governing Law. These Terms are governed by the laws of the State of Oregon, United States of America, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing these Terms.
Entire Agreement. These Terms contain the entire understanding of the parties regarding the subject matter of these Terms and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of these Terms.
If you have any questions concerning these Terms please contact SinglePoint at:
|SinglePoint Communications Inc.|
|7325 NE Imbrie Drive #349|
|Hillsboro, OR 97124|
|Attn: Support Desk|