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CTI Terms and Conditions
All customers doing business with CTI Network Solutions, LLC agree to the following terms and Conditions and understand that any contract entered into with Seller will be considered legally binding 3 business days after signed and a deposit has been collected. This time frame will be referred to as attorney review. After attorney review has ended, any contract will be legally binding and cannot be canceled for any reason. This contract also requires Buyer to agree to the following terms and provisions:
Definition: CTI Network Solutions, LLC = Seller
Definition: Customer Company who Seller sold or serviced = Buyer
1. EQUIPMENT: The Equipment sold and purchased hereby is described on either (or both) Buyers Contract or invoice. All Proposals are valid for 30 days unless otherwise specified. Buyer understands and accepts that equipment may take up to 30 days after attorney review has ended to procure. Buyer also understands that if Buyer wishes to expedite equipment procurement, then Buyer will be subject to additional shipping, handling, and administrative charges.
2. INSTALLATION: Buyer agrees to give Seller a minimum of 96 Business Hours notice regarding the installation date. Seller also agrees to furnish the contracted equipment and all necessary cable, hardware and labor for the installation equipment as may be necessary to create a functioning telephone system or LAN/WAN. Buyer agrees to furnish and install all rigid conduit or raceway required for the installation of the telephone system or LAN/WAN, and to pay for all electrical current necessary for the operation of the system. Seller shall have no duty or obligation to make any structural alteration or adjustment to the premises during Sellers working hours and during installation, the premises shall be dry and free of dust. Buyer shall furnish elevator service when necessary, heat and or air-conditioning, light, sanitary facilities, electrical power and protection of the equipment against theft during installation.
3. MAINTENANCE: For the contractual period specified (Refer to the Buyers contract) the Seller agrees at no additional cost to maintain the system in good operating condition and furnish repairs to or replace defective parts or units within 24 hours. Seller will provide a 4-hour response time if customer deems problem to be an “Emergency” however, if the problem is not related to the system sold, then the customer will pay for a minimum of 4 hours at our normal billable amount of $150/Hour or an overtime rate of $225/Hour if not between the hours of 8:30am to 5pm Monday-Friday. This agreement does not cover damages to or failure of the system resulting from causes other than wear and tear from normal use, including, but not limited to misuse, negligence, accident, theft or unexplained loss, abuse, connection to direct current, fire, flood, wind, Acts of God, or repair alteration (To system covered) by anyone other than the Seller or Buyer. This agreement will be considered null and void should Buyer purchase, install, or receive service or hardware (pertaining to system sold) from anyone other than any entity authorized by Manufacturer to sell AND service the covered hardware. Seller will not be responsible for incorrect or faulty programming or defective hardware sold or serviced by any other entity. Maintenance after the warranty period shall be available under a separate written agreement.
4. STANDARD EQUIPMENT: It is mutually understood and agreed that should any local code, ordinance, rule or regulation, require cable installations other than PVC or any other installation, equipment or the like not standard according to custom and usage of the telephone interconnect trade, then such required cable, installation and/or equipment shall be considered by the parties to be in addition to the purchase price quoted herein for which Buyer agrees to be responsible.
5. INTERCONNECTION: Buyer designates Seller its agent and representative to obtain information from and make arrangements with the connecting Utility for interconnect service in accordance with tariffs of the Utility. Seller shall have no obligation with respect to communication service by the Utility nor for payment of the tariff charges of the Utility, and Seller shall have no obligation for payment of any charges to any company for termination of pre-existing service agreement or the removal of existing equipment.
6. WARRANTY: Seller warrants the equipment against defective parts and workmanship for the specified contracted period (Refer to Buyers Contract) from the date of completion. Sellers sole obligation for a breach of any warranty, express or implied, including the implied warranties of merchantability and fitness, shall be limited to repairing and/or replacing equipment at its own expense, which shall be Buyer’s sole and exclusive remedy, and seller shall never be liable for consequential damages, personal injury or commercial loss. Warranty will become Null and Void should any other member of another company other than CTI Network Solutions, LLC Attempt to program or Modify the equipment in any way.
7. TITLE, TAXES, AND PERMITS: Title and ownership of the equipment, accessories and interconnecting cables and wires shall at all times remain with the Seller until the purchase price has been paid in full. Buyer agrees to pay, prior to delinquency, all taxes and assessments that may be assessed, levied or imposed upon the equipment, system or lease thereof. Buyer is responsible for notification of permit requirements and permit costs required by Building owners/management, Local and/or State Government and any Building requirements necessary to complete the job.
8. FINANCE CHARGES: In the event Buyer fails to make any payments when due, then Finance Charges will be applied to Buyers bills. The Finance Charges will total 18% per year or 1.5% per month. Buyer agrees that these Finance Charges will be paid should buyer fail to make payment(s) when due.
9. DEFAULT: In the event Buyer shall fail to pay any sum hereunder when due, then in addition to all other remedies available to Seller at law or in equity, and not in limitation thereof, Seller may, at its option, cease with or without notice and take possession of and remove the equipment without liability for trespass or damage, and then, at its option, either terminate this agreement, retaining all sums theretofore paid hereunder as liquidated damages or dispose of the equipment for Buyer’s account for the best price obtainable at public or private sale, and apply the proceeds to the sale price set forth in paragraph 1 hereof, and Buyer shall remain liable for any deficiency.
10. INSURANCE: All risk of loss or damage to the equipment after delivery thereof to the premises as a result of fire, theft, water, malicious mischief or other casualty, shall be borne by Buyer. So long as any sum is due Seller on the purchase price of the equipment, Buyer agrees to maintain in full force and effect all necessary insurance, including fire and extended coverage insurance for the full insurable value of the equipment and agrees to name Seller as an additional insured and to furnish evidence thereof to Seller. Seller shall perform the work hereunder as an independent contractor, and shall have the exclusive control of the manner and means of performing the work.
11. CARRIER: Carrier provides to Buyer services for the PBX/Telephone system and/or WAN/LAN/Internet. These services can be configured as analog lines and/or High Speed Digital services such as, but not limited to T1’s, DSL, and Cable Modems. Should there be a problem with the system in any way due to the mis-configuration of the Buyers services, then fault will fall upon the Buyer to have their services fixed. The Seller shall in no way whether in payment or penalty of Law be held responsible. Should payment be held up because of “carrier problems” then the Seller may, at its option, take any actions described in paragraph 9. If Buyer would like, Seller may troubleshoot the problem to determine the cause. This will be done at a rate of $175/Hour until the resolution has been found, however Seller will never be liable to resolve the problem.
12. MOVES ADDS AND CHANGES (M.A.C.): M.A.C. work is defined as any non-maintenance item. M.A.C. work is further defined as any change to the system programming not related and not limited to a defect or problem with the configuration or functionality of the system. M.A.C. work will be performed by the Seller at an additional charge with a minimum preset rate of $150/Hour and a Site Visit Charge (SVC) of $125. Should the requested M.A.C. work be able to be performed remotely, the SVC will be waived. Should any other company perform M.A.C. work on the system covered by any contracts held by the Seller, then any warranties covered by seller will become null and void. In addition, M.A.C. rates will increase to $250/hour and a $200 SVC. This condition does not include the Buyer if a previously signed Software Waiver is signed and on file with Seller.
13. EMPLOYMENT: This contract shall act as both a No Compete and No Hire Contract between Seller and Buyer. It is mutually understood that all engineers/employees of Seller cannot be hired by Buyer, nor work for Buyer in any capacity other then what Seller allows. Any and all of Sellers Employees may not work for Buyer in any private capacity for a period of 2 years after leaving Seller. Should any of Sellers Employees become employed by Buyer in any capacity then Buyer will owe Seller the full amount of this contract for the 2 years specified.
14. TRANSFERABILITY: This agreement is not transferable. It is offered to the Buyer and the Buyer only. Should Buyer sell or transfer equipment to any other entity, then all agreements between Buyer and Seller will become Null and Void. Buyer will remain liable for any monies due for the remainder of this contract.
15. JOB COMPLETION: The job is considered complete, and this contract is considered Satisfied on the Sellers part when the Buyer is using the installed products, services, or goods provided by the provisions of the contract. If payment is not made as per the provisions of the contract, then the Buyer agrees not to use, or benefit from the products, services, or goods provided until such time as the Buyer provides final payment. If Buyer uses any of the products, goods, or services provided prior to final payment, then Buyer releases seller from any additional obligation and considers the job complete, and the contract satisfied. Therefore, if payment is not made, the Buyer is in Default of the contract, and Seller may take any option provided for in Section 9 of this contract.
16. MISCELLANEOUS
16.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of New Jersey, U.S.A., as applied to agreements entered into and to be performed in New Jersey by New Jersey residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Bergen County, New Jersey.
16.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
16.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Seller may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Seller under this Agreement must be sent to the address listed under our corporate office on our web site located at http://www.ctins.com/contactus.html, or other address as provided by Seller for such purpose. Any and all rights and remedies of Seller upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Seller, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
Buyer/Customer Agrees and accepts CTI Terms and Conditions.
Customers with a signed contract with CTI Network Solutions, LLC automatically agree. It is not necessary to fill out this form.
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