Cookie policy

This cookie policy (“Policy”) describes what cookies are and how and they’re being used by the bvtech.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. You should read this Policy so you can understand the types of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies.

What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”).

Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting the Website and Services.

Cookies may be set by the Website (“first-party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the Website (“third party cookies”). These third parties can recognize you when you visit our website and also when you visit certain other websites. Click here to learn more about cookies and how they work.

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What type of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

Functionality cookies

Functionality cookies let us operate the Website and Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.

Analytical cookies

These cookies enable us and third party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.

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What are your cookie options?

If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this, visit internetcookies.com

Please note, however, that if you delete cookies or do not accept them, you might not be able to use all of the features the Website and Services offer.

Changes and amendments

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Policy or the use of cookies, we encourage you to contact us using the details below:

[email protected]

This document was last updated on January 23rd, 2023.

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Policies for BVTech LLC

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1. Code of Conduct: All employees, contractors, and vendors of BVTech LLC are expected to conduct themselves in a professional and ethical manner at all times. This includes, but is not limited to, maintaining confidentiality, avoiding conflicts of interest, and adhering to all laws and regulations.

2. Privacy Policy: BVTech LLC respects the privacy of its customers and is committed to protecting their personal information. We collect only the information necessary to provide our services and will not share or sell this information to third parties without the customer’s consent.

3. Security Policy: BVTech LLC is committed to ensuring the security of its systems and data. We have implemented robust security measures to protect against unauthorized access, use, disclosure, disruption, modification, or destruction of information.

4. Intellectual Property Policy: All intellectual property created by employees, contractors, and vendors of BVTech LLC during their engagement with the company belongs to the company. This includes, but is not limited to, patents, trademarks, copyrights, trade secrets, and any other proprietary information.

5. Acceptable Use Policy: The use of BVTech LLC’s systems, networks, and data is limited to authorized individuals only. Unauthorized access, use, disclosure, disruption, modification, or destruction of information is strictly prohibited.

6. Compliance Policy: BVTech LLC is committed to complying with all applicable laws and regulations. All employees, contractors, and vendors are expected to be familiar with and abide by these laws and regulations.

7. Complaints Policy: BVTech LLC is committed to providing its customers with the highest level of service. If a customer has a complaint about our services, they should contact us in writing. We will investigate the complaint and respond to the customer in a timely manner.

8. Change Management Policy: BVTech LLC is committed to maintaining the integrity and availability of its systems and data. Changes to our systems and data will be made in a controlled and predictable manner, and will be subject to appropriate testing and approval before being implemented.

9. Termination Policy: BVTech LLC reserves the right to terminate the engagement of any employee, contractor, or vendor at any time and for any reason. Any termination will be in accordance with applicable laws and regulations.

10. Employee Policies: BVTech LLC will have a separate employee handbook where they will have policies like, Anti-Harassment Policy, Anti-Discrimination Policy, Health and Safety Policy, Leave Policy, etc.

11. Payment Policy: At BVTech LLC, we accept the following forms of payment for our services: cash, credit card, debit card, and various cash apps including PayPal. Payment for services rendered is due upon completion of the job, unless otherwise agreed upon in writing prior to the commencement of the project. In the event of a large upfront project cost, such costs may be invoiced and due in accordance with the payment terms agreed upon in writing prior to the commencement of the project. BVTech LLC reserves the right to assess interest on any past due amounts at a rate of 1.5% per month or the maximum legal rate allowed by law, whichever is lower. Additionally, BVTech LLC reserves the right to retain any and all original documents and materials related to the project until full payment is received.

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GENERAL TERMS AND CONDITIONS

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1. DEFINITIONS AND INTERPRETATION

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In these Conditions, the Rate Schedule and every Quote, Order, Plan contract, or other

arrangement in connection with the supply of Goods or Services by BVTech LLC the

following words have the following meanings:

“After Hours” means from 6:00 P.M. – 10:00 A.M. (e.g.17:30 – 09:00 hours Monday to Friday

and all day Saturday and Sunday, including Public Holidays);

“Business Hours” means 10:00 A.M. – 6:00 P.M. (e.g. Monday to Friday from 09:00 to 17:30)

hours excluding Public Holidays;

“Client”, “You” or “Your” means a person who seeks or obtains a quote for, or who orders,

Goods or Services from Us, and includes both a person whose name is on the Order or on an

email attached to which is an order, a person who places an order, and a person on whose

behalf an Order is placed or on whose behalf it appears and order is placed, and in any case

each of their heirs, successors and assigns;

“Conditions” means these terms and conditions;

“Goods” means any goods and/or services sourced by Us or provided by Us in connection

with any such goods and/or services including computer hardware and Software and any

goods or services provided in connection with any of those things;

“GST” Goods and Services Taxes of Texas 8.25% .

“Order” means any order requested by You to Us for Goods or Services in any form;

“Quote” means a quote provided to You by Us;

“Period” means a particular number of half-days, days, weeks, fortnights, months, or any

other period, as may be agreed between Us and the You as the period during which some

Services will be provided;

“Plan” means any arrangement between Us and You (whether alone or in conjunction with

any other person) for Services (including unlimited support) and/or the provision of Goods

provided by Us under an arrangement in connection with Work agreed to be done or

progressed for or on behalf of You or any other person at Your request, including as set out

in a Plan Schedule;

“Plan Schedule” means the key terms applicable to Plans as set, and as may be varied by Us,

from time to time in its absolute discretion without notice to You;

“Public Holidays” means any day which is a public holiday throughout The United States of

America.

“Rates” means the hourly rates and other charges for Services (including any call-out fees

and any Return/Cancellation Fees) set out in the Rates Schedule, a Plan, Plan Schedule,

1Quote, contract or arrangement entered into by Us and You or in these Conditions, and

includes any monies payable to Us on a quantum merit basis for any work it has done;

“Rate Schedule” means the schedule of rates, charges and conditions for the services of

Ours as set, and as may be varied, by Us from time to time in its absolute discretion without

notice to You;

“Reasonable Assistance Limits” has the meaning set out in clause 17.2;

“Return/Cancellation Fee” means a fee charged pursuant to clause 12.5 as set by Us from

time to time;

“Service request” means a request for service such as adds, moves, changes and technical

assistance;

“Services” means the provision of any services by Us including Work, advice and

recommendations;

“Software” includes software and any installation, update, associated software and any

services provided in connection with any of these things;

” Us”, “Our” or “We” means BVTech LLC – EIN: 88-2789581 and its heirs, successors and

assigns; and

“Work” means anything We may do, provide, customize, produce or acquire, whether or

not in connection with, or for the purposes of, You or Your use or benefit, and includes

testing, troubleshooting, installation and configuration of new equipment or software,

consulting, scoping, planning, documenting and quoting for complex items.

In these Conditions, the Rate Schedule and every Quote, Order, Plan, contract, or other

arrangement in connection with the supply of Goods or Services by Us, unless the contrary

intention appears:

Words denoting the singular number only shall include the plural number and vice versa;

Reference to any gender shall include every other gender;

Reference to any Act of Parliament, Statute or Regulation shall include any amendment

currently in force at the relevant time and any Act of Parliament, Statute or Regulation

enacted or passed in substitution therefore;

Headings and words put in bold are for convenience of reference only and do not affect

the interpretation or construction of these Conditions;

All references to dollars ($) are to US DOLLARS

A reference to time is to CST

A reference to an individual or person includes a corporation, partnership, joint venture,

association, authority, trust, state or government and vice versa;

2A reference to a recital, clause, schedule, annex or exhibit is to a recital, clause, schedule,

annex or exhibit of or to these Conditions;

A recital, schedule, annex or description of the parties forms part of these Conditions;

A reference to any agreement or document is to that agreement or document (and, where

applicable, any of its provisions), as amended, notated, supplemented or replaced from time

to time;

Where an expression is defined, another part of speech or grammatical form of that

expression has a corresponding meaning;

A reference to “includes” means includes without limitation;

A reference to “will” imports a condition not a warranty; and

A reference to bankruptcy or winding up includes bankruptcy, winding up, liquidation,

dissolution, becoming an insolvent under administration, being subject to administration and

the occurrence of anything analogous or having a substantially similar effect to any of those

conditions or matters under the law of any applicable jurisdiction and to the procedures,

circumstances and events which constitute any of those conditions or matters.

2. APPLICATIONS OF THESE CONDITIONS

Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and

are applicable to (and to the extent of any inconsistency will prevail over) the terms of every

Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods

and/or Services by Us to You.

The invalidity or enforce-ability of any one or more of the provisions of this Agreement will

not invalidate, or render unenforceable, the remaining provisions of this Agreement.

3. COMMITMENT TERM

3.1 The minimum term that You acquire the service for is outlined in Our Quote to

You, beginning from the first of the next month after the date of signing or

approving the Quote.

3.2 After the expiry of the Committed Term, an extension of the Term will

automatically commence for the same period as the original Committed Term

and will continue indefinitely, unless earlier terminated by you as specified in

Clause 4.

4. TERMINATION

4.1 This Agreement may be terminated by You upon ninety (90) days written notice

if We:

4.1.1 Fail to fulfil in any material respect its obligations under this

Agreement and do not cure such failure within thirty (30) days of

receipt of such written notice.

34.1.2 Breach any material term or condition of this Agreement and fail

to remedy such breach within thirty (30) days of receipt of such

written notice.

4.1.3 Terminate or suspend our business operations, unless it is

succeeded by a permitted assignee under this Agreement.

4.2 This Agreement may be terminated by Us upon ninety (90) days written notice

to you.

4.3 If either party terminates this Agreement, we will assist you in the orderly

termination of services, including timely transfer of the services to another

designated provider. You agree to pay us for rendering such assistance at our

normal rates as outlined in our current Rate Schedule.

4.4 Should You wish to terminate this Agreement before the end of the

commitment term, You agree to pay all of the remaining payments up until the

end of the commitment term.

5.REPRESENTATIONS

5.1 You acknowledge that no employee or agent of Ours has any right to make any

representation, warranty or promise in relation to the supply of Goods or

Services other than subject to and as may be contained in the Conditions.

6.NOTICES

6.1 Any notices given under the Conditions shall be in writing and sent by e-mail to

the last notified e-mail address of Yours.

7. GOVERNING LAW

7.1 The Conditions shall be governed by and construed in accordance with the laws

of New South Wales and the parties submit to the non-exclusive jurisdiction of

the Courts of New South Wales.

8. ASSIGNMENT

8.1 You may not assign Your rights and obligations under this Agreement without

the prior written consent of Us.

9.VARIATION OF THESE TERMS AND CONDITIONS

9.1 We may at any time vary these Terms and Conditions by publishing the varied

Terms and Conditions on Our website. You accept that by doing this, We have

provided You with sufficient notice of the variation. We are under no other

obligation to notify You of any variation to these terms and conditions.

4GOODS AND SERVICES

10. QUOTES

10.1 Term and effect: Quotes will only be valid for 7 days unless otherwise specified

in the Quote. A Quote is merely an invitation to You to place an Order with Us

and the acceptance of a Quote by You will not create a binding contract

between You and Us.

10.2 Quote is valid for 7 days only. Expiry dates on quotes are set to be able to

inform Us when the quote is still active or to be discarded. Once discarded the

quote will need to be requested again.

10.3 Once a quote has been confirmed by Us, then the prices in the quote will be

confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as

both parties agree with the final price after any last changes requested by You.

10.4 The price in the final quote may vary from the original request if there is any

price or product changes requested by You. We reserve the right to alter

product and prices in the quote, as long as the quote has not been confirmed

with You.

10.5 Quotes and estimates shall be deemed to correctly interpret the original

specifications and are based on the cost at the time the quote or estimate is

given. If You later require any changes to the quotes, and We agree to the

changes, these changes will be charged at Our prevailing rate.

10.6 Once the Quote has been confirmed and converted to an Order, the Order will

be subjected to our normal Terms and Condition of Sale.

10.7 The general minimum turnaround time for Quote request to be actioned is

usually 24 hours. In the event that a quote is required urgently please let us

know so that we can respond to it accordingly.

10.8 When a special price or discount offer has been applied to this Quote, no

other special promotion, discount or bonus offer will be applicable.

10.9 In the event that products in the Quote are subjected to any price and supply

fluctuations that is outside of Our control We reserve the right to update the

price and product in the Quote accordingly. If a product has undergone a

price drop or a price increase, the Quote will then be adjusted accordingly. If

there is a product that is no longer available, the product will then be replaced

or substituted based on Your request and is subject to Your final approval.

10.10 Price on non-stocked products are subjected to Price and stock fluctuations

and can only be confirmed once the Quote is turned into an Order. While We

endeavour to honour every price quoted, if there is a price increase that is

beyond our control, We reserve the right to increase the price as necessary.

510.11 Once a Quote has already passed the expired date, We may cancel the quote

or estimate without having to notify or receive an approval from You.

10.12 ETA information is based on an estimate given by our vendors and cannot be

held as the actual promised date.

10.13 Freight charges will be added to the Order unless otherwise stated. Any

included delivery charges are estimates only.

10.14 We do not keep inventory and as such only order items once we receive a

completed order from a client. If You would like to return an item or cancel an

order, a restocking fee may apply. We will need to get approval from the

distributor that the stock is returnable before being able to issue a refund as

not all products can be returned.

10.15 Prices are based upon total Quote Purchase.

10.16 Unless Specified, all items on quote are covered by manufacturer’s warranty

covering parts and labour for hardware only on a return to depot basis.

10.17 Varying or withdrawing Quotes: We may vary or withdraw a Quote at any time

in Our absolute discretion and without prior notice to You. We may do so for

any reason We consider fit, including, e.g. where the Goods or Services

become unavailable or the cost price of Goods or Services increases after the

date of the Quote.

11. ORDERS

11.1 Order forms: You may place an Order for Goods and/or Services with Us.

Normally, We will require that You provide either a completed Order form or

You approve the quote electronically via either an email or a web based system

with the date and Your details, including Your full legal name or description and

any applicable ABN or ACN number (including the full name or description of

any person on whose behalf the order is placed), Your address together with

any relevant Quote number and date.

11.2 Approval of Orders: You will need to sign the Order or have it duly executed on

Your behalf, unless the Order is sent by email or via the web based ordering

system, in which case the Order will be treated or deemed as if signed by or on

behalf of You by the person whose name appears as the sender of the email or

submitter of the form.

11.3 Reliance on appearance of validity: Absent actual knowledge to the contrary,

We may rely upon the apparent validity of an Order. If any Order is signed or

sent by email or approved through the web based ordering system by a named

person, that person warrants that the Order is, and it is acknowledged the Order

is deemed in favour of Us to be:

611.3.1 signed by, and duly authorized by, both the person who signed the

Order and the person who sent the email; and

11.3.2 duly authorized by the person on whose behalf the Order is placed or

apparently placed.

11.4 Acceptance and Orders: An Order has no effect unless or until it is accepted by

You in writing and, until We have received from You payment in clear funds for

the Order and any related freight, delivery and (where applicable) in-transit

insurance costs in clear funds.

11.5 No obligation to deliver: We are not obliged to deliver any Order until we have

received payment in clear funds from You for the Order, any related freight,

delivery and (where applicable) in-transit insurance costs or where We are

unwilling or unable to complete the Order for any reason provided it refunds

any payment made by You in respect of the Order.

11.6 Credit checks: For the purposes of ascertaining the credit standing or history of

a prospective customer to whom We are considering extending credit or

payment terms, You hereby consents to Us undertaking a credit reference check

in respect to You.

11.7 Cancellation of Orders: You will not cancel an Order unless We agree to do so in

writing in Our absolute discretion. You acknowledge that, amongst other things,

We cannot cancel an Order once the manufacturer or supplier has despatched

the relevant Goods and that such despatch often occurs the same day as the

Order is placed by Us.

11.8 Processes and Procedures: We have processes and procedures that We follow in

the course of the provision of Our Services and the supply of Goods. You agree

to co-operate with Us and to comply with such processes and procedures as

advised to You from time to time.

12. PRICING AND RATES

12.1 Rates exclude Tax: All rates and amounts charged or quoted for Goods and/or

Services by Us are exclusive of Tax and any other applicable taxes or

government charges (unless otherwise stated in writing by Us).

12.2 Rates Schedule: You must pay for Goods and Services at the Rates set out in

any applicable Plan and the Rate Schedule as applicable from time to time

during the provision of the Goods and/or Services.

12.3 Vary Rates: We reserve the right vary any Rate and/or the Rate Schedule from

time to time (subject to any fixed pricing for specific periods in any Plan), in its

absolute discretion and without notice to You.

712.4 Call-out fees: You acknowledge that call-out fees may be charged in addition to

the Rates at Our absolute discretion and that the amount of the call-out fee will

depend upon where the Services are provided.

12.5 Return/Cancellation Fee: Where We arrange a return or refund on behalf of You,

or where an Order is canceled by You after acceptance by Us, We may charge

You a Return/Cancellation fee to cover the administration costs to Us in

processing the return or refund, or in processing the Order, the cancellation and

any refund. We may deduct the Return/Cancellation fee from out of any

moneys otherwise due to be refunded to You by Us.

12.6 Expenses: You must pay any out of pocket expenses incurred by Us in providing

the Services to You in addition to the Rates, charges and call-out fees, upon

written demand. Such expenses will include travel costs, flights, car hire, petrol,

insurance, taxi fares, accommodation and related meal allowance, tolls and car

parking expenses. Where appropriate, We will obtain prior written authorization

from You before such expenses are incurred.

12.7 Separate charges for Goods and Services: We may in Our absolute discretion

charge for Goods separately from Services or may charge for Goods and

Services together.

12.8 Calculation of increments: Where a charge is calculated based on increments of

time, e.g. 1 hour or 30 minutes, We will charge the applicable rate for the whole

increment of time even if work is done during part of, but not for the whole of,

that increment of time.

12.9 Change in underlying costs: Without prejudice to any other rights of Ours under

these Conditions, where there is any increase in the underlying costs incurred

by Us in connection with the supply of Goods or Services to You, We may, in

our absolute discretion, vary any of Our Rates.

12.10Prepaid Blocks of Service: Where You agree to buy Prepaid Blocks of Service

during a Period, payment must be made in advance for the Prepaid Blocks of

Service at the rate applicable pursuant to the Rates Schedule for all Services.

Each such rate being less any discount agreed in writing between Us and You in

respect of the Prepaid Blocks of Service. Services included in a Pre-Paid Block of

Service rate during the Period:

12.10.1 are calculated in accordance with the applicable minimum time

periods and increments set out in the Rates Schedule; and

12.10.2 are only provided by Us during the applicable Period.

Where Services are provided for a specified Period:

12.10.2.1 the Services remaining unused for that Period cannot

be rolled over into any subsequent Period; and

812.10.2.2 We are not liable to refund, re-reimburse, pay

damages or otherwise compensate or indemnify You

in respect of those unused Services.

13. SERVICES AND PLANS

13.1 Service and Plan Variations: Currently, We offer the Services and Plans referred

to in the Rates Schedule and any Plan Schedule. We may withdraw the

provision of, or vary the scope or terms of, or add to or change, the Services

without notice to You, from time to time in Our absolute discretion.

13.2 Copies on Request: We will provide You with a copy of the current Rates

Schedule upon request. Plan Schedules are tailored for particular Plans and are

available to Clients participating in the Plan.

14. CONTRACTING

14.1 We may subcontract any or all of the Services to be performed, but shall retain

prime responsibility for the Services under these terms.

15. DELIVERY, TITLE AND RISK

15.1 Delivery liability: We will use all reasonable endeavor to dispatch Goods by

the due date, but do not accept any liability for non-delivery or failure to deliver

on time where this is caused by circumstances beyond the reasonable control of

Ours, including, for example, due to failures in supply to Us or delays caused by

third parties, such as delivery companies or manufacturers.

15.2 Availability to accept delivery: You must be available to accept the Goods at

Your nominated delivery address during Business Hours unless otherwise

arranged.

15.3 Passing of Risk: Delivery is deemed to take place when the Goods are delivered

to Your nominated address, whereupon risks of loss, breakage and all damage

and all other risks pass to You. Nothing in this clause 15.3 will affect title to the

Goods.

15.4 Obligation to insure: You will ensure that Goods are adequately insured from

the time of delivery under clause 15.3.

15.5 Retention of Title: Until We receive full payment in cleared funds for any

moneys due to Us by You on any account or for any reason:

15.5.1 title to, and property in, Goods supplied to You remain vested in

Us and does not pass to You;

15.5.2 You must hold those Goods as fiduciary bailed and agent for Us and

must not sell them;

915.5.3 You must keep those Goods separate from other goods and maintain

the Goods and their labeling and packaging intact;

15.5.4 Where You sell the goods in breach of these Conditions, You are

required to hold the proceeds of any sale of those Goods on trust for Us

in a separate account (however any failure to do so will not affect Your

obligation to deal with the proceeds as trustee and remit them to Us);

15.5.5 We may, without prior notice, enter into any premises where We suspect

those Goods may be, take possession of those Goods and sever and

remove those Goods (notwithstanding that they may have been

attached to other goods not the property of Ours) and for this purpose,

You hereby irrevocably authorize and direct Us (and Our employees and

agents) to enter into such premises as its duly authorized agent and You

hereby indemnify and hold harmless Us from and against any costs,

claims, allegations, demands, damages or expenses or any other acts or

omissions arising from or in connection with, such entry, repossession or

removal.

15.5.6 You irrevocably appoint Us as Your attorney to do anything We consider

necessary in order to enter such premises and repossess the Goods as

contemplated by this clause 15.5.

16. RETURNS AND CLAIMS FOR GOODS AND

SERVICES

16.1 General Returns Policy: Notwithstanding anything in these Conditions, You

acknowledge that We supply Goods subject to all applicable conditions,

including returns and claims policies, of any relevant manufacturer or supplier.

You will accept Goods subject always to these Conditions and the terms of such

conditions and will indemnify and hold Us harmless in respect of any further or

other obligation or any failure or default on the part of that manufacturer or

supplier.

16.2 Customized Goods not returnable: Where Goods have some element of

customization for You, are supplied pursuant to an Order for Goods that is in

the opinion of Ours special or unusual, the Goods are obtained from overseas,

the Goods are obtained from a supplier who is no longer trading, or the Goods

are otherwise not readily returnable by Us to the manufacturer or supplier or

any related services may not be canceled, You may not return the Goods to Us

or cancel the related services.

16.3 Duty to inspect: You will inspect all Goods immediately upon their delivery.

Within 7 days of such delivery You may give written notice to Us of any matter

or thing, by reason of which You might wish to return the Goods, ask for a

10refund, or make a claim. If no such notice is given on time, You will accept the

Goods without any such return, refund or claim.

16.4 Return Condition: Where You are entitled to return Goods under these

Conditions, You must return the Goods in their original condition and

unopened, provided always that where, upon opening the packaging it

becomes apparent that the Goods are different to what is described on the

packaging or that the Goods are faulty, the Goods may be returned.

16.5 Return costs: You will pay all costs and expenses incurred by Us in arranging the

return of the Goods to a manufacturer or supplier and/or the cancellation of

any related services unless that manufacturer or supplier pays such costs.

16.6 Consequences of use, installation, customization or sale: You will indemnify and

hold Us harmless in respect of all allegations and claims in respect of Goods

once such Goods have been used, installed, customized or re-sold by You

(without prejudice to the recourse of such a customer to the manufacturer of

the Goods).

17. COMPUTER UTILITY, FUNCTIONALITY AND

FITNESS FOR PURPOSE

17.1 Service limitations given the science of computing: You acknowledge that a

reasonable incident of the Services may involve trial and error and that it is a

science applied often in novel or unknown circumstances and involving

experiment. In particular, You acknowledge that the Services may involve tests,

troubleshooting, advice and recommendations that may prove incorrect or

inappropriate, particularly in an attempt to cure a problem You are having.

While We will make what We consider (in Our absolute discretion) to be all

reasonable endeavor to provide appropriate tests, troubleshooting, sound

advice and good recommendations in order to assist You, You will always

indemnify and hold Us harmless in the provision of our Services to You.

17.2 Reasonable Assistance Limits: We are only obliged to provide what We consider,

in Our absolute discretion, to be reasonable assistance in the circumstances

(including with the installation and customization of new software or hardware

for You or any other Work) under any Plan and You will pay for additional work

at the Rates unless otherwise agreed. Without limiting the discretion of Us to

determine what reasonable assistance is, normally, reasonable assistance is

limited to work done during Business Hours over a period of time not

exceeding any period that We have allowed or allows for the Work or has

estimated or estimates the Work will take, whether or not notice of the time

allowed or estimated is given by Us to You.

17.3 Recommendations, suitability, functionality and fitness for purpose: The parties

acknowledge that:

1117.3.1 We may recommend that You purchase Goods provided by third

parties from time to time;

17.3.2 Recommendations may be made in situations where You have made

known to Us the purpose for which the Goods will be used or some

function sought to be fulfilled;

17.3.3 You acknowledge that We have no control over many factors involved

with the suitability, function or fitness for purpose of Goods in an

existing or new computer environment, e.g.

17.3.3.1 the compatibility or ability of the Goods to fit into or perform

to expectations in the receiving computer/internet

environment; or

17.3.3.2 the behavior of third-party supplier, e.g. in relation to

support;

17.3.4 You acknowledge that for a whole number of reasons outside of Our

control, the Goods may fail to meet Your expectations, may not turn

out to be fit for all or any of the purposes sought, may not be suitable

or may not function properly in all or any respects;

17.3.5 You acknowledge that the Services provided by Us may involve the very

task of seeking to customize Goods so they may be fit for particular

purposes and that customization may be a very substantial project in

itself;

17.3.6 Accordingly, You will accept the sole responsibility for, and indemnify

and hold Us harmless in respect of:

17.3.6.1 decisions as to whether or not to follow recommendations by

Us;

17.3.6.2 decisions as to whether or not to purchase or customize

Goods or obtain Services for that or any other purpose; and

17.3.6.3 any failure or defect in suitability, function or fitness for

purpose of any Goods and/or Services, including a

responsibility to obtain Your own independent advice or

second opinion from a suitably qualified person;

17.3.7 Where We provide Services with a view to achieving Your purposes,

suitability, function or fitness for purpose (whether expressed, agreed

or otherwise), You must pay for those Services on time without any set-

off or counter-claim, whether or not We are able to achieve any of such

purposes, suitability, function or fitness for purpose, provided always

that We have acted in good faith and have made what We consider, in

12Our absolute discretion, to have made all reasonable endeavor to

achieve those outcomes.

17.4 Testing Procedures: You will follow the instructions of Ours with regard to

testing or troubleshooting any problems and that if those do not resolve the

outstanding problems, We will, subject to these Conditions, allocate such

resources as We consider reasonable in the circumstances towards their

resolution.

18. FORCE MAJEURE

18.1 Force Majeure: If We are unable to supply any Goods or Services due to

circumstances beyond Our reasonable control, We may cancel the Order (even

if the Order has already been accepted) or cease to provide the Services by

written notice to You, in which case You will hold Us harmless.

18.2 We will not be liable for any breach of contract due to any matter or thing

beyond Our control, including failures by third parties to supply goods, services

or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of

God, strikes, lock-outs, work stoppages, wars, riots or civil commotion,

intervention or public authority, explosion or accident.

19. PRODUCT SPECIFICATIONS

19.1 Alterations to Specifications: We make every effort to supply the Goods in

accordance with the Order however We may supply alternate Goods subject to

minor variations in actual dimensions and specifications where these are

changed by the manufacturer of the Goods after the Order date and before

delivery.

19.2 Substitute Goods: If We cannot supply the Goods ordered by You, We may

supply alternate Goods of equal or superior quality provided however that You

will not pay a higher price than the price Quoted or otherwise agreed for the

Goods ordered.

20.WARRANTIES

20.1 Reliance on Manufacturer’s Warranty: You will rely on the warranties

provided by the manufacturer of Goods supplied by Us (where applicable) and

will deal direct with such manufacturer rather than Us for all claims covered by

such warranties.

20.2 No claim for manufacturer’s default: You indemnify and hold Us harmless in

respect of the performance or otherwise, by any manufacturer of Goods

supplied to You by Us, of any of the obligations of such manufacturer in respect

of such Goods. This includes any damages or moneys due to You arising under,

or in connection with, any breach by the manufacturer of any the

manufacturer’s warranties in respect of the Goods.

13

21. LIABILITY

21.1 Exclusion: Except as specifically set out herein and so far as may be permitted

by law, any term, condition or warranty in respect of the quality, fitness for

purpose, condition, description, assembly, manufacture, design or performance

of the Goods or Services, whether implied by statute, common law, trade usage,

custom or otherwise, is hereby expressly excluded.

21.2 No liability for program or data loss: You indemnify and hold Us harmless in

respect of any allegation, claim, loss or expense of Yours or any third party for

any program or data loss or damage suffered by You or that third party arising

directly or indirectly from the supply of the Goods or Services by Us to You.

You acknowledge You are solely responsible for backing up Your programs and

data in order to mitigate Your own potential loss of programs and data.

21.3 Limit on consequential damage: You indemnify and hold Us harmless in

respect of any allegation or claim as to any indirect or consequential losses or

expenses suffered by You or any third party, howsoever caused, including but

not limited to loss of turnover, profits, business or goodwill or any liability to

You or any third party.

21.4 Limit on damage from a failure in supply: You indemnify and hold Us

harmless for any allegation or claim for loss or damage by You or a third party

where We have failed to meet any delivery date or cancels or suspends the

supply of Goods or Services.

21.5 General limit on liability: Except as otherwise expressly stated in these terms

and conditions, We are not liable for any loss or damage of any kind however

caused (including, but not limited to, by the negligence of Us) which is suffered

or incurred by You in connection with:

21.5.1 Goods or Services provided to You or any Work;

21.5.2 these Terms and Conditions;

21.5.3 Your use of Our website (including the use of a credit card or other

debit device) or any linked website;

21.5.4 the non-availability of Goods or Our Services for any reason;

21.5.5 any act or omission of Ours or the provision of inaccurate, incomplete

or incorrect information by You, or

21.5.6 for any other reason whatsoever.

21.6 Limitation options: To the extent that any legislation implies a condition or

warranty that cannot be excluded but can be limited, clause 21.5 does not

apply to that liability and Our liability for any breach of that condition or

warranty is limited to Our doing any one or more of the following (at its

election):

1421.6.1 replacing the Goods or supplying equivalent Goods, Services or Work;

21.6.2 repairing the Goods or the Work;

21.6.3 paying the cost of replacing the Goods or the Work or acquiring

equivalent Goods, Services or Work; or

21.6.4 paying the cost of having the Goods or the Work repaired.

21.7 Laws still apply: Nothing in these Conditions is to be interpreted as excluding,

restricting or modifying or having the effect of excluding, restricting or

modifying the application of any State or Federal legislation applicable to the

supply of the Goods or Services which cannot be excluded, restricted or

modified.

21.8 Severance: If any provision contained in the Conditions is unlawful, invalid or

unenforceable, those provisions may be severed without prejudice to the

validity and enforce-ability of the remaining provisions of the Conditions.

22.ERRORS AND OMISSIONS

22.1 We make every effort to ensure that all prices and descriptions quoted are

correct and accurate. In the case of an error or omission, We may rescind the

affected contract by written notice to You, notwithstanding that We have

already accepted Your Order and/or received payment from You. Our liability

in that event will be limited to the return of any money You have paid in

respect of the Order.

OUR RESPONSIBILITIES

23.PRIVACY STATEMENTS AND YOUR RIGHTS

23.1 We are collecting Your personal information for the fulfillment of Quotes,

Orders and the provision of Goods or Services to you and it may retain and use

it for any such purposes (“Authorized Purposes”).

23.2 You are required to provide your personal information to Us for Authorized

Purposes.

23.3 We may disclose Your personal information to other persons for the purposes

of the fulfillment of Quotes, Orders and Work for you or in order to provide

Goods or Services to You, to verify the information You provide, for inquiries

about Goods or Services that may be suitable for your purposes, or to confirm

Your requirements, to anyone proposing to supply Goods or Services to You,

or to acquire Goods or Services on Your behalf, or in respect of inquiries

relating to any of the foregoing.

23.4 Otherwise We will not disclose Your personal information without Your

consent unless authorized by law.

1523.5 Your personal information will be held by Us at Our Principal Place of Business

and You can contact Us to request to access or correct it.

23.6 We rely on You to submit correct information and details where requested.

You accept that You may incur additional expenses if you submit incorrect

information.

24.OUR WEBSITE

24.1 We make no representations or warranties in relation to information available

on Our website, including without limitation:

24.1.1 that the information on Our website is complete or correct;

24.1.2 that Our website will be continuously available or free from any delay in

operation or transmission, virus, communications failure, internet

access difficulties or malfunction in hardware or software; and that We

endorse any internet site linked to Our website or any third party

products or services referred to on Our website.

25.INSURANCE COVERAGE

25.1 We will maintain at Our own expense, commercial general liability insurance

for personal injury and property damage for a general aggregate of $2,000,000.

At Your request We will provide You with certificates, including renewal

certificates evidencing such coverage within thirty (30) days of commencing

this Agreement, at every renewal and at other times as may be reasonably

requested by You.

YOUR RESPONSIBILITIES

26.LODGING OF SERVICE REQUESTS

26.1 In order for Us to provide You with the agreed Service, You agree to follow Our

process for lodging of Service Requests as outlined in Appendix A.

27.ACCESS TO SYSTEMS, SITES AND PEOPLE

27.1 In order to provide You with the agreed Service, You agree to give Us access to

various items of Yours including but not limited to, equipment, people and

sites as and when required.

27.2 You agree to allow Us to install software on Your Equipment that allows Our

technicians to access Your systems at any time. This software allows Us to view

system statuses, send monitoring information, see users’ desktops and control

Your PC’s. This may require that devices are left on overnight or weekends.

16

28.THIRD PARTY AUTHORISATIONS

28.1 At times We may need to contact Your third party providers on Your behalf,

such as Your internet provider. Some of these providers may require Your

authorization for Us to deal on Your behalf. It is Your responsibility to ensure

that We are able to deal freely with these providers.

29.PAYMENT, LATE PAYMENT AND DEFAULT

29.1 Payment due date: All invoices issued to You are due and payable to Us

within the terms stated on the invoice (unless otherwise agreed in writing). by

cash, cheque, credit card or direct deposit in accordance with these Terms and

Conditions and in the way set out in the Invoice.

29.2 7 days late: Where You fail to pay an invoice within seven (7) days of the due

date, We may, in Our absolute discretion and without prior notice, suspend or

discontinue the supply of Goods and/or Services to You.

29.3 Recoveries: All legal and other costs and expenses incurred in connection

with the recovery of late payments will be added to the amount due by You to

Us and will be recoverable from You, in addition to the original invoice cost. If

You default in payment of any invoice on time, moneys which would have

become due by You at a later date shall be immediately due and payable

without any further notice to You. Collectively, all of these moneys are referred

to in these Conditions as a “Sum Due”.

29.4 Interest: If payment of any Sum Due is not made on time, We will charge

interest daily on the Sum Due at the maximum rate allowed by law, calculated

and charged daily on and from the due date until the Sum Due is paid in full.

29.5 Application of funds: All payments of the Sum Due made by You to Us will be

applied as follows:

29.5.1 first in or towards payment of any costs (including legal costs), charges,

expenses or outgoings paid by Us in relation to any dishonored cheque

fees, collection costs or any other action taken by Us for the recovery of

any amounts owing by You to Us;

29.5.2 secondly, in or towards payment of any interest due or payable

hereunder, and

29.5.3 thirdly, in or towards payment of Your debts to Us in order from the

longest standing due to the most recently incurred.

29.6 Security: We may require You to provide security over Your property

(including the Goods or any other property of Yours) as collateral to be held as

security for any Sum Due or as a condition precedent to the continuation of

supply of Goods or Services by Us to You.

1729.7 Payment arrangements: In the event that a repayment arrangement is made

in relation to any Sum Due and the supply of Goods or Services is resumed,

but then a repayment due under that arrangement is not made on time, We

may, in Our absolute discretion and without prior notice, again suspend or

discontinue the supply of Goods or Services to You.

29.8 Power of Attorney: You hereby irrevocably appoint Us as Your attorney to do

anything We consider fit for the recovery of the Sum Due or the creation,

perfection or enforcement of any collateral held or to be held as security for

any Sum Due.

29.9 Other remedies: We may exercise any of Our rights and remedies including

taking legal action against You for the recovery of any moneys due to Us,

notwithstanding it may have exercised other rights under these Conditions.

30.NON-SOLICITATION OF CLIENTS AND

EMPLOYEES

30.1 You agree that employees are one of Our most valuable assets, policy and

professional ethics require that Our employees not seek employment with, or

be offered employment by You during the course of engagement and for a

period of two (2) years thereafter (or the maximum amount permissible by a

Court).

30.2 You agree that Our damages resulting from breach of this clause 30.1 would

be impracticable and that it would be extremely difficult for Us to ascertain the

actual amount of damages. Therefore in the event You violate this provision,

You agree to immediately pay Us 100% of the employee’s total annual salary,

as liquidated damages and We shall have the option to terminate this

Agreement without further notice or liability to You. The amount of liquidated

damages reflected herein is not intended as a penalty and is reasonably

calculated based upon the projected costs We would incur to identify, recruit,

hire and train suitable replacements for such personnel.

31.SOFTWARE

31.1 All Software licence are the responsibility of You and not that of Us. It is the

duty of Yours to store all licence for all Software used, so that that they can be

reproduced if and when required. This includes all Software installed by Us.

31.2 You indemnify and hold Us harmless against any claim, allegation, loss,

damage or expense arising directly or indirectly from:

31.2.1 any unauthorized Software use by You;

31.2.2 any breach of any Software licence in respect of Software provided to

Us by You to be installed on one of Your computers;

1831.2.3 otherwise as a result of Us installing Software at Your where You are

not authorized to use the Software; and

31.2.4 any problem, defect or malfunction associated with any Software (or

related services) supplied by third parties.

31.3 All copyright in custom software remains the sole property of Ours unless

alternate arrangements are made as part of a separate software agreement.

32.COPYRIGHT AND CONFIDENTIALITY

32.1 Warranty and breach: You warrant that any confidential or copyright

information or intellectual property (of any kind and in any form held) or

provided by You to Us belongs to You. In the event of any breach of this

warranty, You will pay all sums due to Us as If such warranty had not been

breached (and regardless of any non-performance of any obligation by Us on

account of or in connection with the breach of such warranty). You indemnify

and hold Us harmless in respect of any allegations, claims, loss, costs or

expenses in connection with such breach of warranty by You.

32.2 Retention of title: All copyright and other intellectual property rights in any

Work created, commissioned or acquired by Us in the course of the supply of

Services by Us to You will be the exclusive property of Ours unless otherwise

agreed in writing by Us and You.

32.3 Confidential Information: We acknowledge that in the course of providing

Services to You, We may learn from You certain non-public personal and

otherwise confidential information relating to You, including Your customers,

consumers or employees. We shall regard any and all information We receive

which in any way relates or pertains to You, including Your customers,

consumers or employees as confidential.

32.4 You also acknowledge that all information and services, consulting techniques,

proposals, and documents disclosed by Us or which comes to Our attention

during the course of business and provided under this agreement constitute

valuable assets of, and confidential and/or proprietary information to Us.

As such, both parties shall take all commercially reasonable steps to not disclose,

reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in

any form, to any person or entity, or permit any of its employees, agents, or

representatives to do so for any purpose except unless permitted in writing by the

disclosing party or as required by applicable law.

19 APPENDIX A

SERVICE REQUEST LODGEMENT PROCESS

When you contact us to lodge a service request only the methods below must be used:

Phone: (210) 538-3669

Email: [email protected]

Web Portal: https://www.bvtech.org

Include a short description of the problem and any screenshots of errors to assist in the

resolution of the issue.

If the issue is being lodged by either phone or external email you must include your name,

company and return contact details.

Service requests must not be lodged directly with technicians, as this detracts them from

resolving the current issue.

SERVICE REQUESTS OUTSIDE OF OUR BUSINESS

HOURS

Service Requests that must be addressed outside of business hours must be lodged by

phone (charges apply for after hours work). If not, the Service Request will be viewed on Our

next Business Day.