1. Products and Services Provided.
Subject to the terms and conditions of the Master Service Agreement, and this agreement (Hardware Terms and Conditions), CITITONE offers the Customer, among other things, VoIP hardware and/or software, computer networking hardware and/or software, and computer hardware and/or software. These terms shall be the only terms that apply to and govern any purchase order accepted by CITITONE, despite any different or additional terms or conditions contained in Customer’s purchase order form or otherwise specified by Customer.A complete list of CITITONE products and services can be found on the Website (www.cititone.ca).
CITITONE reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms and Conditions athttps://www.cititone.ca/selfcare/terms.php.
3. Opening an Account.
In order to become a CITITONE customer, the Customer must complete in full an application form located on the Website (www.cititone.ca). As part of the application, the Customer will be required to provide CITITONE with a unique Username. CITITONE will then send the Customer an electronic notification (in the form of an e-mail message), containing a Password and confirmation that the Customer has activated their CITITONE account.
|a.||Credit References.CITITONE may refuse to provide services to a Customer if the Customer’s credit is not deemed satisfactory which determination shall be made at CITITONE’s sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES CITITONE AND/OR THIRD-PARTIES DESIGNATED BY CITITONE TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY’S EXPRESSLY AUTHORIZED HEREIN.|
|b.||Usernames/Passwords.THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, CITITONE CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact CITITONE within twenty-four (24) hours of a Customer’s suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer’s responsibility to provide CITITONE with a secure e-mail address as CITITONE will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.|
|a.||When your account is activated, you must provide CITITONE with a valid email address and a credit or debit card number from a card issuer that we accept. CITITONE reserves the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise CITITONE at once. CITITONE will bill all charges, applicable taxes and surcharges to your credit or debit card, including but not limited to:i. equipment purchases;
ii. software purchases;
iv. Shipping and handling charges. The amount of such fees and charges shall be published on CITITONE’s website and may change from time to time.
|b.||Pricing.Hardware pricing is listed on the CITITONE website. The Customer is responsible for checking all applicable rates/promotions before purchasing any products from CITITONE. All Prices is exclusive of all taxes. While CITITONE endeavors to maintain rates that are competitive in the market, CITITONE does not guarantee that its prices will change in any predictable fashion. In addition, should market conditions or factors outside of CITITONE control raise its costs or wholesale rates, CITITONE reserve the right to adjust its rates accordingly.|
|c.||Billing Information.CITITONE does not send any statements to its customers. Instead, the Customer is responsible to view their statements using their secure USERNAME and PASSWORD to access their billing information, which shall be available on CITITONE’s website for the current month and prior three (3) months only. This information is available on the Website twenty-four (24) hours a day seven (7) days a week. (For example, if a Customer reviews their statement information in April, they will be able to see charges for April as well as the preceding months of March, February, and January. The customer is responsible for printing out their monthly statements, and CITITONE will not provide monthly statements beyond what is available online.|
|d.||Billing Disputes.A Customer must notify CITITONE by e-mail or by opening a trouble ticket on the CITITONE website of any disputed charges within thirty (30) days of the charge being posted to their Account. CITITONE will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent CITITONE determines, at its sole discretion, that a billing adjustment is warranted, a Customers Account will be credited accordingly. If a Customer fails to notify CITITONE of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against CITITONE regarding a disputed charge. This Section does not waive Customers responsibility to notify CITITONE of unauthorized use of its Account, Password or Username within the period and by method set forth in Section Eleven B (11b) herein.|
5. Consent to e-Mail Communications.
By entering into this Agreement, you consent to both the receipt of electronic mail (“e-mail”) from CITITONE and that e-mail communication shall be the sole manner by which CITITONE shall contact Customer. In addition to sending a Customer e-mail notifications as provided for above, CITITONE may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting CITITONE by opening a trouble ticket or in writing. CITITONE reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications.
6. Warranty and Return Policy.
CITITONE products carry a limited manufacturer’s warranty. CITITONE will honor all manufacturer limited warranties. For specific warranty details, please visit the respective manufacturers website, but in general a manufacturer’s limited warranty only covers DOA (Dead on Arrival), manufacturer’s defects, parts and labor within a six month period.
7. Defective or Dead on Arrival (DOA) within 30 days.
|a.||Any eligible product that is found to be defective within 30 days from the date of purchase will automatically be eligible for a replacement with technician or manufacturer approval. Products found to be in working condition but used will be returned at the owner’s expense or held for pickup.|
|b.||A $20.00 processing fee will be charged on all products that are returned to CITITONE, but deemed non defective through testing.|
8. New in Box (NIB) Returns.
- All non-defective returns are subject to a minimum 20% restocking fee and such returns will be for store credit or refund, at the company’s sole discretion.
- Products that are still NIB but were purchased more than 30 days ago are not eligible for refund; they are eligible for exchanges/store credit only. Subject to a minimum 20% restocking fee.
- NIB stands for product that was never opened, was never used, contains all components, is still in original manufacturers packagingand is free from any package damage or writing.
9. Defective Products – Standard One (1) Year Replacements.
Products purchased within 1 year but more than 30 days ago must be returned to the manufacturer if defective. We are unable to return defective products after 30 days and therefore you must work directly with the manufacturer to fix or replace defective goods.
10. Refund Details.
Refunds are only available on returns that are within 30 days and remain unopened and in their original condition. This includes reasonable estimates of the time required for the return shipping, inspection at our facility, and processing from your bank or Credit Card Company. We will notify you via email and/or telephone with the details and status of your refund throughout the process. You can expect to receive your refund via the same method of payment that you used for the initial purchase.
Some devices are not eligible for a refund:
- Servers, PBXs, channel banks, gateways (analog or digital), software and batteries are not eligible for return or refund. Defective products within these categories must be returned directly to the manufacturer.
- Products more than one year old are not returnable in any condition.
- Defective products more than one year old must be returned to the manufacturer.
12. Return Shipping.
Shipping expenses for the return of products are the responsibility of the customer.
13. Specific Brand Refund Policies.We only carry products that come with at least a limited manufacturer’s warranty and we honor all manufacturers’ limited warranties. For specific warranty details or refund policy, please visit the respective manufacturers website, but in general a manufacturer’s limited warranty only covers DOA (Dead on Arrival), manufacturer’s defects, parts and labor within a six month period.
14. Return Instructions.
Products must be returned double boxed with the assigned RMA number clearly visible on the outside of the package. DO NOT write on or apply shipping stickers to the original manufacturer’s box. DO NOT use the original manufacturer’s box as the shipping box. Products not double boxed, without RMA numbers on them or those with writing on the original box will be refused or returned at the customer’s expense.
15. RMA Expiration.
Once an RMA is approved, the product must be received within 10 days. Returns received after 10 days will be refused and returned to the customer at their expense.
16. Shipping and Product Availability.
As a hardware reseller, CITITONE utilizes wholesale warehouses Worldwide to provide hardware and software to the Customer. Customer acknowledges and accepts that CITITONE will make commercially reasonable efforts to process all orders within 3-5 business days but does not guarantee product availability at the time of shipping. If CITITONE is unable to ship the purchased product within 30 business days, the Customers only course of action is to request a refund of the unavailable device purchase price. All refunds are subject to the CITITONE Money Back Guarantee Terms and Conditions.
17. Risks Associated with Shipping.
CITITONE’s liability for any and all shipping shall be limited to the coverage provided by the shipping carrier’s terms and conditions. CITITONE will pack all Products for shipping in accordance with standard commercial practices. The Customer is responsible for all shipping costs. Unless the Customer has specified a carrier in its purchase order, CITITONE will select the carrier with the express understanding that the carrier is not the agent of CITITONE.
18. Retention of Title.
CITITONE shall retain title to all goods delivered or to be delivered to the Customer until CITITONE has received payment in full of the purchase price of the goods, the fees for any work done in relation to any sales agreement concluded with the Customer and any other costs or damage resulting from a breach by the Customer of any such sales agreement. During such time as CITITONE has title to the goods, the Customer shall store or otherwise keep CITITONE’s goods separately from all other goods in such a way as to clearly indicate at all times that the said property remains that of CITITONE. All costs incurred by CITITONE in repossessing the goods shall be paid by the Customer. During such time as CITITONE retains title to the goods, the Customer in possession of the goods shall have the power to deal with and actually deliver the goods in the normal course of its business. However, at CITITONE’s first request, the Customer shall establish a silent pledge on behalf of CITITONE on the account receivable from the sale of any of such goods. The Customer shall insure the goods, title of which remain in CITITONE, against any and all risks commonly insured against. The Customer shall name CITITONE as insured or additional assured.
19. Limitation of Liability and Remedies.
CITITONE shall not be liable for consequential damage, including but not limited to damage resulting from late delivery, damage to other goods of the Customer or any third party, damage resulting from incorrect or improper use of the goods by the Customer, loss of turn-over, loss of profit or loss caused by the inoperability of equipment, nor for damage resulting from any incorrect and/or incomplete information supplied by the Customer. Any claim for damages, for the repair or replacement of the goods and/or for the delivery of missing parts, on whatever basis, as well as any right to dissolve the agreement, shall lapse if the defect or the damage is not reported to CITITONE within 5 business days upon receiving the goods. The Customer shall indemnify CITITONE against claims from third parties if and insofar as they result from or are related to orders, data, goods or instructions given by the Customer.CITITONE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND ARISING IN ANY WAY, EVEN IF CITITONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. THE REMEDIES IN THESE TERMS ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.
20. Government Taxes.
CITITONE reserves its right to pass through to the Customer any new government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer’s Account.
21. Governing Law.
This Agreement, and all modifications/amendments thereto, shall be governed by the law of Canada.