Terms and Conditions

This Agreement contains the terms and conditions that apply to maintenance contracts or purchases by Home, Home Office, and Small Business customers from Incredible Connections entity named on the invoice ("Incredible Connections S.L.") that will be provided to you ("Customer") on orders for computer systems and/or related products and/or services and support sold by Incredible Connections in Spain. By accepting delivery of the computer systems, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.

THESE TERMS AND CONDITIONS APPLY, UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH INCREDIBLE CONNECTIONS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

In the event of a maintenance contract, this agreement (appendix 1) must be accompanied by the hours agreed on for the maintenance contract (appendix 2). Neither (appendix 1) nor (appendix 2) shall be complete without each other when concerning the terms and conditions governing the maintenance contract.

These conditions shall govern and form part of every contract for the sale of goods by Incredible Connections. Other than as specifically provided in any separate formal purchase agreement between Customer and Incredible Connections. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except for (appendix 2).

These terms and conditions are subject to change without prior written notice at any time, in Incredible Connections’ sole discretion.

1. Payment Terms; Orders; Quotes and Interest.

Terms of payment are within Incredible Connections’ sole discretion, and unless otherwise agreed to by Incredible Connections. Incredible Connections must receive a deposit of 60% of the total value of the invoice prior to Incredible Connections’ acceptance of an order. Payment for the products and services and support may be made by cheque, bank transfer, or some other prearranged payment method. Invoices are due and payable within 5 working days, measured from the date of the invoice. Incredible Connections may invoice parts of an order separately. Orders are not binding upon Incredible Connections until accepted by Incredible Connections. Any quotations given by Incredible Connections will be valid for the period of four weeks, measured from the date on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

1. Maintenance Contracts.

All computer and network maintenance contracts are customised as per the Customer’s requirements. Payment for maintenance contracts shall be available in the first 3 working days of the new month in which the Customer wishes to be covered. Excess hours spent with a Customer will be added to the forthcoming invoice. The Customer is entitled to a response time of 4 hours, from the time the problem is reported to Incredible Connections. Whilst every endeavour is made to see the Customer on the same day the problem is reported, the 4 hour response time is only effective between the hours of 10h00 to 19h00. Incredible Connections shall not be held responsible for any accidental loss of data through user error, hardware failure, hacker intervention or as a result of a virus infection.  Incredible Connections shall not be held responsible for any virus infections, although every attempt will be made to correct any damage the virus has caused. The Customer agrees to give Incredible Connections the right to access their computers remotely to attend to minor problems, perform upgrades and to configure computers to function at their optimum potential. The maintenance contract pertains to only those computers, servers, networking components and computer peripherals to be found on the business site, unless otherwise agreed by Incredible Connections. Incredible Connections’ reserves the right (without prejudice to any other remedy) to provide cover once payment has been received.
MAINTENANCE CONTRACTS ARE VALID FOR A MINIMUM OF 6 MONTHS FROM DATE OF ACCEPTANCE AND PAYMENT SHALL BE EXPECTED FOR THOSE 6 MONTHS

1. Orders.

Incredible Connections reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer's commitments with Incredible Connections not being met.  If an order is cancelled by Incredible Connections in the aforementioned circumstances, or is cancelled by a Customer then the Customer shall indemnify Incredible Connections against all loss, costs (including the cost of all labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation thereof, (Incredible Connections giving credit for the value of any such materials sold or utilised for purposes).

1. Warranties.

In the case of defects or faulty workmanship in products or any parts thereof supplied but not manufactured by Incredible Connections, the Customer shall not be entitled to receive any greater benefit hereunder than shall be received by Incredible Connections under any guarantee or warranty given to the Customer by the manufacturers or suppliers thereof.

1. Cancellations and Exchanges.

Credit shall not be issued on any goods without prior authorisation. From time to time, Incredible Connections may, in its sole discretion, exchange products or portions of a product.

1. Prices.

Whilst every endeavour has been made to ensure the accuracy of the prices quoted no responsibility can be accepted for any errors or omissions.  Prices are subject to alteration without notice.

1. Additional Costs.

In the event of any suspension of work through the Customer's instructions or lack of instructions Incredible Connections reserves the right to recover any extra expense thereby incurred by Incredible Connections.

1. Financial Condition.

If, in Incredible Connections’ judgement, the Customer's financial condition does not justify the terms of payment specified, Incredible Connections may cancel any unfilled orders unless the Customer shall, upon written notice, immediately pay for any goods delivered or shall pay in advance for all goods ordered but not delivered or both at Incredible Connections’ option.

1. Dispatch Dates.

Any times for dispatch are to be treated as estimates only.  Whilst every endeavour will be made to meet these estimated times for dispatch, Incredible Connections shall not be liable in any manner whatsoever for failure to dispatch within the time quoted.

1. Products.

Incredible Connections continually upgrades and revises its products and service offerings to provide Incredible Connections customers with new products and service offerings. Incredible Connections may revise and discontinue products at any time without prior notice to customers. Incredible Connections will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Incredible Connections products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.

1. Carriage, Delivery and Risk.

Unless otherwise specified, any prices quoted by Incredible Connections exclude delivery charges. The risk of loss and/or damage to goods supplied by Incredible Connections shall pass to the Customer upon delivery to the Customer or other person to whom Incredible Connections has been authorised by the Customer to deliver the goods whether expressly or by implication.  Incredible Connections shall not be liable for the safety of the goods thereafter (and accordingly the Customer should insure the goods thereafter against such risks as may be commercially prudent). Any damage to goods in transit should be notified to the carrier and Incredible Connections within two days of receipt, packing and contents to be held for inspection.  If the Customer does not receive goods within six days of date of invoice the carrier and Incredible Connections should be informed immediately.

1. Contingencies.

Incredible Connections shall not be responsible for non-performances in whole or in part or its obligations nor under any liability to the Customer in respect thereof if such non-performance is due to acts of God, war, insurrection, Government regulations, embargoes, strikes, labour, disputes, illness, flood, fire, tempest or any other cause beyond the control of Incredible Connections.

1. Software.

All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. Incredible Connections does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs it purchase and use. The Customer is solely responsible for the registration of any software provided by Incredible Connections and the Customer accepts full responsibility for using illicit or non-licensed software. Software which is preinstalled on systems are for testing purposes only.

1. Limitation of Liability.

INCREDIBLE CONNECTIONS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. INCREDIBLE CONNECTIONS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, INCREDIBLE CONNECTIONS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE EURO AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.

1. Headings.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.