Conditions of Service
The following terms and conditions will apply to all services provided or to be provided by ISTAM Computer Services, Inc., to the person, corporation, partnership or other entity who requests the provision of such services or for whose benefit such services are to be provided (“Customer”), regardless of whether the order for such services was placed in written form or by submission of an on-line form. To the extent that the Services include any installation, upgrade or configuration of Customer’s computer system or network or any part thereof, the system or network as installed, upgraded, or configured by iSTAM is referred to in these terms and conditions as the (“System”). Except as otherwise agreed in a written contract in effect between Customer and iSTAM Computer Services, Inc. for the provision of the Services.
Warranty & Disclaimers
ISTAM Computer Services, Inc. shall perform all Services hereunder in a good and workman like manner in accordance with industry standards. ISTAM hereby warrants that the provision of the Services shall meet the requirements and perform the operations and functions in accordance with and as set forth in the Order. ISTAM’s SOLE AND COMPLETE LIABILITY IN THE EVENT OF ANY CLAIM BY CUSTOMER HEREUNDER SHALL BE TO REMEDY, WITHIN A REASONABLE PERIOD AFTER RECEIPT OF WRITTEN NOTICE OF SAME FROM CUSTOMER, ANY DEFECT OR FAILURE RESULTING FROM A BREACH BY ISTAM OF ITS OBLIGATIONS AND WARRANTY UNDER SUB-CLAUSES AND ABOVE. IN NO CASE SHALL ISTAM BE LIABLE TO CUSTOMER UNDER ANY ORDER, OR IN CONNECTION WITH THE SERVICES, FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (SUCH AS LOSS OF PROFITS), EVEN IF ISTAM Computer Services, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, ISTAM Computer Services, Inc. DOES NOT WARRANT THAT THE OPERATION OR USE OF THE RESULTING SYSTEM WILL BE ERROR FREE AND UNINTERRUPTED. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, WHERE DAMAGES ARE RECOVERABLE ARISING OUT OF THE ORDER OR THE SERVICES, WHETHER OR NOT THE CLAIM IS MADE PURSUANT TO THIS AGREEMENT, ISTAM Computer Services, Inc.’s LIABILITY TO CUSTOMER SHALL UNDER NO CIRCUMSTANCES EXCEED THE SUMS PAID BY CUSTOMER AS THE PRICE OF SERVICES RENDERED. IN NO CASE SHALL ISTAM Computer Services, Inc. BE LIABLE TO REMEDY ANY DEFECT OR FAILURE TO THE EXTENT THAT THE SAME ARISE OUT OF MODIFICATIONS, ADDITIONS OR OTHER ALTERATIONS MADE TO THE SYSTEM BY THE CUSTOMER OR BY ANY THIRD PARTY. Under no circumstances shall iSTAM Computer Services, Inc. be held responsible for loss of data.
Unless otherwise indicated invoices shall be payable upon completion of Service. Invoices for which payment has not been received by the due date indicated on the invoice are considered past due and are subject to applicable finance charges. If payment is not received within 30 days of the invoice date a 19% finance charge will be assessed on overdue balance(s). Minimum finance charge is $5.00. If payment is not received within 90 days of the invoice date a 19% finance charge and a $5.00 per day late penalty will be assessed on overdue balance(s). Customers agree to pay a $20.00 charge for each returned check and all collection costs including legal fees if applicable. See our warranty agreement and Standard Terms of Service Agreement for additional information. No finance charge will be incurred if payment is received prior to due date. ISTAM Computer Services, Inc. reserves the right to suspend service to Customer thereunder if Customer is in default in payment of any invoice or if ISTAM Computer Services, Inc. has a reasonable basis to believe the Customer is unable to make payment for services delivered. In the event of a default with respect to the payment or any part thereof Customer shall be liable for all of ISTAM Computer Services, Inc.’s reasonable attorney’s fees, including all costs, disbursements and fees incurred in the collection of any amounts due. Systems which are not claimed by customer in default thirty (30) days after completion of services and with failure by customer to make payment arrangements shall become the sole property of ISTAM Computer Services, Inc. and may be donated to a charitable organization or sold to reimburse iSTAM Computer Services, Inc. for the cost of services rendered. Systems which are not picked up within 60 days of the invoice date are subject to a storage fee.
Subscriptions services are automatically billed to your payment card each month. You hereby consent to allow iSTAM Computer Services to automatically bill your payment card each month for all subscription based services.
Third Party Services
Glotelecom, iSAFE Security, and other products may be provided by third party vendors for whom iSTAM Computer Services resells or provides value added service for. iSTAM Computers Services shall in no way be responsible for the service, misconduct, misrepresentation, or any other improper activities of any third party vendor, products, or service providers. iSTAM goes out of its way to insure that all service providers offer services which meet and exceed our customers expectations, and works diligently to ensure that our customers are satisfied with all services that we offer.
Some vendors require additional sign up steps or paperwork to complete your agreement with them. If the service provider requires additional information or agreements be completed, we will notify you when your order is complete of any additional steps that may be required.