Terms and Conditions
Cancellation Policy
The only product that ExpressIT sells is Time. We guarantee for the specific required amount of Time for each Booking received. This allows us to properly service you as well as properly utilize each Technician's Time to the fullest extent possible. Doing so also keeps our rates to a minimum. In the event you request a Cancellation of an appointment, depending on the amount of notice given, you may have effectively restricted ExpressIT from re-booking the allocated time. For such time stamped email or fax Cancellation notice received prior to the Appointment time, and based on business hours as determined by a standard 9:00 a.m. to 5:00 p.m. work day, and determined by the Type of service Booked, ExpressIT will charge the Client the following: <4.1 hours notice - 80% of Booked hours, minimum House Call; <8.1 hours notice - 50% of Booked hours, minimum, House Call; <16.1 hours notice - 50% of House Call; >16 hours notice - $25 flat administration fee.
Claims
All Claims must be made by the individual [hereinafter referred to as the Client] who Booked A Technician and/or Submitted the order [hereinafter referred to as Placed] for the provision of services [hereinafter referred to as Services] in writing to be considered as having been filed. Claims must be filed and time stamped, via certifiable means, and be supported by all relevant information within seven (7) days after Services. This Agreement will be interpreted as per the Laws of the Province of Ontario. The Client agrees that any action or proceedings brought against ExpressIT Inc. [hereinafter referred to as ExpressIT] before the Court or any suit entered by one party or the other under this Agreement will be entered in the judicial district of Brampton, Ontario, Canada.
Confirmation Number
This unique number provided for the purposes of a Spot Rate Quotation, must be quoted on all relevant documentation to achieve the benefit for which it was intended. Failing to do so may result in the cancellation of the intended benefit.
Default Charges
Even if you give us different payment instructions, you will always be primarily responsible for all Service costs, as well as any or all other costs we may incur in Servicing or storing your Equipment pending Service or payment disposition. Our payment terms are payable prior to completion of Services [hereinafter referred to as Payment]. Should payment terms not be met, you hereby authorize us to cease servicing your Equipment at our discretion and to retain possession of any undelivered Equipment until such time as your account is paid in full (inclusive of any and all items held and all related charges noted in Payment Terms) by cash or certified cheque or valid credit card. In such an event, you hold ExpressIT harmless for any losses, damages or claims initiated against you by your customer that may result from among other things, production shutdown/slowdown by one or more of your clients’ customers, leading to losses which might be claimed for and/or may lead to the loss of your customer or client’s customer. You also hold us harmless for the recovery of such damages, losses, claims, interest and costs. An administrative receivable fee of $100.00 plus a monthly service charge based on prime plus 18% per year shall be charged on all overdue accounts, inclusive of all costs associated with ExpressIT's efforts to have such outstanding debts honoured [including but not limited to, compensation for time based on Sameday service charges and out of pocket expenses such as vehicle repair and maintenance and fuel]. Beyond that, an administrative collections fee of minimum $250.00, plus court awarded costs will be charged to accounts that require collection efforts to secure payment if not done within Terms and Conditions as noted herein. Notwithstanding any internal policies the Client may have, ExpressIT reserves the right, to the extent of the law, to audit and re-bill any incorrect invoices and the Client agrees to pay these to the extent they accurately reflect the Clients current quotation.
Delay of Service
Regardless of the cause, ExpressIT and/or its associates, employees, subcontractors, independent operators, agents and/or licensees [hereinafter referred to as Technicians] shall not be responsible for any special, consequential or other damages caused by the delay of Services requested for your computer software, hardware or related accessories [hereinafter referred to as Equipment], regardless of the reason for delay of Services.
Duration of Quotation
Unless otherwise noted, all quotations are subject to change without notice, affected by, among other things, payment history, account serviceability, geopolitical climate and ExpressIT’s current business philosophy. Every reasonable effort will be made to maintain or limit price increases and provide such with appropriate notification. In any event, no quotation shall be considered valid unless provided in written format by ExpressIT or its Technicians.
Invoicing
ExpressIT will only invoice on a prepaid basis and as such, the Client authorizes ExpressIT to pre-authorize for the estimated dollar value for the provision of Placed Services, minimum one hour. Any additional charges or resulting credits will be provided for within 72 hours of the Completion of Services. Any Payable Upon Provision of Services, Cash Collect or 3rd Party Services are hereby guaranteed at current standard Rates [hereinafter referred to as Rates] by the Client. Unless written authorization is provided in advance, ExpressIT does not offer 3rd party billing. You must notify ExpressIT by certifiable means of any dispute as to the amount of any invoice within the immediate twenty-four (24) hour period from Service being provided or the invoice will be deemed undisputed and accepted by you. When requesting Ongoing Day-To-Day Support, whether related to previous work orders or general technical questions, charges are based on Sameday Rates and assessed in minimum 1/10th hour increments, with any charges applied to any Method of Payment on file. If it is determined a house call is required, you will be requested to Book a Technician, upon whose arrival you will also be charged for any outstanding amounts owed. All Rates are subject to all applicable federal and provincial taxes.
Limitation of Liability
The Client acknowledges they have standard General Liability Insurance coverage that provides for standard coverage of the Technicians while providing Services within their facility. While ExpressIT tries to provide Technicians of the highest standards, we cannot guarantee the behavior of such Technicians and the Client saves and holds ExpressIT harmless of claims resultant of, but not limited to a Technicians actions, or Services performed as they may affect, but not limited to the Client and the Clients property or Equipment that may result in any legal or civil action. In such an event, ExpressIT will support the Client in their legal efforts against the Technician as is appropriate.
Links To Third Party Sites
The ExpressIT website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of ExpressIT and ExpressIT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ExpressIT is not responsible for web casting or any other form of transmission received from any Linked Site. ExpressIT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ExpressIT of the site or any association with its operators.
Monitoring
ExpressIT reserves the right to bar use of any robot, spider, web crawler, automated query device, or other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission is prohibited. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the ExpressIT site or any transaction being conducted on our site is also prohibited. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ExpressIT or third parties. Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from our website without the prior express written permission of ExpressIT or the appropriate third party is prohibited.
Other Terms & Conditions
As noted on Work Order.
Prepayment
Unless cancelled in writing by the Client, ExpressIT ongoing will charge to the clients previous Method of Payment, the original Prepayment requested, once such amounts have been fully utilized through the Provision of Booked Services by ExpressIT.
Pricing
The Client acknowledges EXPRESSIT’s Rates apply to all Service performed. From time to time EXPRESSIT offers Express Specials, Discount Coupons or Gift Certificates [hereinafter referred to as Specials] as it sees fit. The Client acknowledges that no two Specials may be used in conjunction with one and other for the purposes Payment of one order Placed for Services. If Payment for Services is via a barter exchange, the Client acknowledges that Rates or Barter Deals will always apply, whichever is lower, regardless of ongoing Specials, and is payable in barter specific dollars and at the specified percentage, with the balance being invoiced as if it were cash. All work orders and rate quotations including schedules and Appendices noted thereon are considered to be an integral part of Services and Rates and may be quoted for your the Clients benefit by ExpressIT and accordingly will be invoiced to the Client and you acknowledge and agree to such by way of your signature thereon.
Restrictions
As long as Services has been performed for the Client, and for a duration of twelve (12) months following the provision of such services, neither the Client nor any of his employees or associates if he is a corporation nor any of his shareholders if he is a company should do the following unless approved in writing between the parties.
To solicit or accept business, directly or indirectly, for themselves or for or
with somebody else, be it a corporation or an association, to own, maintain,
enter into, participate or have any interest whatsoever in the exploitation of a
company which could be deemed identical or substantially similar to
ExpressIT
from
ExpressIT’s
past, current or developing (work in progress) client base, or;
Employ or try to employ any person who for the moment operates for or is
employed by
ExpressIT
or by one of
ExpressIT’s
employees, subcontractors, independent operators, agents and/or licensees
whose activities are identical or substantially similar to his own, or in any
other way incite, directly or indirectly, such person to leave his or her
employment there, or;
Engage in payment for Services directly with one of ExpressIT’s employees, subcontractors, independent operators, agents and/or licensees other than what has been agreed to by both the Client and ExpressIT. Such action will result in ExpressIT billing the Client an amount equal to said Payment as a penalty.
Special Consideration
Unless otherwise noted, the customer agrees to provide ExpressIT with no less than 60 days notice of cancellation of any long-term commitments for regularly scheduled Services [hereinafter referred to as Contracts] being provided by ExpressIT, failing which the customer agrees to pay ExpressIT an early termination fee not less than 30% of the expected net revenue that would have accrued during the early termination period of Contract.
Spot Rate Quotation
This is a special price negotiated in advance and is confirmed by ExpressIT through a special Confirmation Number which must be quoted on the order confirmation document.
Trademarks
This website may contain many ExpressIT and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this website including copyright, trademarks, trade secrets and patent rights are reserved. Access to this website does not constitute a right to copy or use any of the intellectual property of ExpressIT or its suppliers.
Warranties
The Client expressly understands that while ExpressIT may have been contracted to procure certain software and hardware goods and services at the direction of the Client, it is the Client who assumes the complete responsibility for all such decisions and agrees to deal directly with the Original Equipment Manufacturer in the event of a warranty claim. The Client saves ExpressIT harmless of all related inconveniences and costs.
Website Disclaimer
All information provided on this website is subject to change without notice. ExpressIT has made every effort to make this website helpful and accurate. However, due to the open nature of this website, and the potential for errors in the storage and transmission of digital information, ExpressIT does not warrant the accuracy of information obtained from this website.
The Client acknowledges having read, understanding and agreeing to these Terms & Conditions