TERMS & CONDITIONS AGREEMENT
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MySolutions (“we,” “us” or “our”), concerning your access to and use of the www.,www.mysolutions.com.ph website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the www.www.mysolutions.com.ph).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use, which were created using MySolutions’s terms and conditions generator. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
The following terms & conditions contained in this Agreement, by and between Mysolutions Inc. and the client, for the orders/purchases of materials and/or services contained therein.
The parties agree to the following terms and conditions which shall likewise apply to other agreements and/or contracts between the party and/or the assigns of the orders/purchase of the parties.
- GENERAL
This Terms & Conditions (Agreement) shall apply to all orders/transaction by Mysolutions Inc. with the customer to the exclusion of all other terms and conditions including any terms or conditions which the customer may seek to apply under any other similar document.
- PRICE & PAYMENT
All prices are VAT EXclusive and only valid for 30 days from the date of quotation. After 30 days, Mysolutions, Inc. reserve the right to change the price quoted without prior notice.
Payments that are accepted are CASH, Dated Company Check, Manager’s Check or payment thru Bank Transfer.
Client shall not refuse to sign or issue a completion notice when Musolutions and/or its authorized representative(s) have completed delivery and/or installation. Should there be any delay or refusal on the part of the Client to acknowledge, approve, confirm or issue the certificate of completion of materials and services delivered or performed by Mysolutions and/or its authorized representative(s), the latter may provide other documentation such as witness statements and/or delivery receipts, photographs or other documents to establish completion of delivery and/or performance of service. Client shall be bound to pay any and all amounts due to Mysolutions.
III. SPECIAL ORDERS
For special orders which items or merchandise are not currently on hand or available in stock, Mysolutions will inform the Client as to the estimated date of availability to which the Client will duly ac knowledge the same. Client agrees to (a) Pay a downpayment in ____ % of the total price, (b) in the event that the items or merchandise are available for delivery and the client is not ready to accept the items or merchandise on the set delivery / installation schedule date including settlement of the balance of the price, the Client agrees to pay/ settle an amount that is equivalent to 80% of the total contract price (inclusive of the downpayment already made, (c) In the event of the lapse of 120 days from the set delivery / installation schedule date where the Client remains unable to or not prepared to accept delivery / installation of the items or merchandise including payment of the balance of the purchase price, the Client hereby agrees that Client shall be liable to pay for the full and complete total contract price of the items / merchandise ordered. Warranty of the device will commence 90 days after the 1st agreed delivery / installation schedule regardless whether items were actually delivered / installed or not.
- DELIVERY
Pricing: The delivery of certain orders may be subject to a delivery fee and will be added to the total amount due.
Delivery Times: For regular items; delivery shall be two (2) to five (5) working days from date of down payment. For special order items and out of stock items; delivery shall be forty (40) to sixty (60) working days via sea from date of down payment. If client wants the special order items to be rushed and shipped via air, air shipment process will take twenty (20) to thirty (30) working days from date of down payment. Shipment cost will be charge to the client. Delivery outside Metro Manila will be shouldered by the client. Mysolutions, Inc. will not be held liable if items will arrive later than the estimated delivery dates stated herein.
- CANCELLATION OF ORDER
Cancelled orders are subject to a cancellation charge of Fifty Percent (50%) of the full price covered by the quotation.
- HARDWARE WARRANTY
Main equipment and devices are given one (1) year warranty against factory defect subject to warranty terms and conditions of Mysolutions, Inc. starting from the date of delivery.
There shall be a fifteen (15) calendar day period for outright replacement from the date of delivery or pick up. There will be no refunds, however, change of devices with other items of similar price, or higher, in which case (in case the price is higher) client must shoulder the additional price difference. To avail of the outright, or change item, the unit/ product must be complete with the original box and accessories and in mint condition (there should be no scratches, dents, etc.) Otherwise, depreciation or damage to the product will be charged to client. MYSOLUTIONS RESERVES THE RIGHT NOT TO EXCHANGE ITEMS THAT ARE NOT IN GOOD CONDITIONS.
Before returning any product, please contact Mysolutions Inc. directly to provide the details. Client must return product(s) to Mysolutions Inc. in its original or equivalent packaging. Further, client is responsible for risk of loss, shipping and handling fees when returning the product.
Further, from the date client purchases an item, Mysolutions Inc. offers a limited warranty in service and parts. The warranty does not include upgrades and relocation. Any warranty does not cover defect(s) arising from improper handling, misuse, abuse, neglect, prolonged operation, excessive wear, improper electrical connections, poor operating environment, fire and other natural calamities, damages such as cracks, scratches, corrosion, and other similar defects, tampered units, power overload, tampered warranty seals and serial numbers, unauthorized repair of product by a non- Mysolutions Inc. personnel or usage of component parts not supplied by Mysolutions Inc., wear and tear parts (power adaptor, etc.), and the other accessories, such as the lens, bracket, and other free items. In the event that warranty involves discontinued parts an upgrade of the products may be necessary. Client agrees to shoulder the additional cost of any product upgrade.
Mysolutions Inc. products, software and services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of any applications akin to communication systems, aircraft, or weapons, or other kinds of “high-risk activities”. Mysolutions Inc. disclaims any express or implied warranty of fitness for high-risk activities.
Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, embargo, strike, riot or the intervention of governmental authority. In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party’s time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, this Agreement or the Applicable Service Agreement by giving written notice to the delayed party.
When services consist of repair of the product purchased from Mysolutions Inc., such services shall only be those that are necessary to fix a defect in materials or workmanship of a system or any standard unit covered by this Agreement. Preventive maintenance is not included in the warranty.
Should any person or party other than the authorized service personnel of Mysolutions Inc. make any repairs and/or changes to the system client purchased from Mysolutions Inc., such that there arises complications and/or problems, Mysolutions Inc. is not responsible for and/or will not shoulder such repairs, and the warranty of Mysolutions Inc. shall be voided. Repair services of Mysolutions Inc. does not include repair of the system that has been damaged as a result of (1) accident, misuse, or abuse of the system or component (such as use of incorrect line voltages or fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions) by anyone other than Mysolutions Inc. (or its representatives); (2) the moving of the system from one geographical location to another; or (3) an act of nature such as lighting, flooding, tornado, earthquake, or hurricane. Repair by Mysolutions Inc. shall be discretionary.
Warranty shall be automatically voided in the event that Mysolutions Inc. commences any Proceeding, or takes an action, or an order is made, or an effective resolution is passed, for its bankruptcy, dissolution, winding up, liquidation or insolvency, or for the appointment of a liquidator, liquidation committee, receiver, judicial manager, administrator, trustee or similar officer.
VII. WARRANTY CLAIMS
For any warranty claim, please contact Mysolutions Inc. specifying the exact nature of the warranty claim. In the event of return of the item by mail or delivery service, please pack the product in its original box to ensure that it reaches Mysolutions Inc. in good condition.
Client shall shoulder all postage, shipping, handling and insurance costs necessary to return the product to Mysolutions Inc. In the event that the product is no longer or is not covered by warranty, Mysolutions Inc. will notify the client and provide an estimate of the repairs. Mysolutions Inc. will only proceed with repairs upon client’s assent and authorization. Should you require that Mysolutions Inc. pick up the defective item as well as ensuring delivery back afterwards, Mysolutions Inc. shall charge the client for such service. The price may vary as the same will depend on the location and other factors.
Unclaimed Repaired Units and/or Unrepairable Units – Due to lack of sufficient and/or available space for storage, and possible danger to the storage area and company personnel, all unclaimed units, repaired and/or unrepairable, which remain in the possession, control and custody of Mysolutions Inc. for a period of (60) Sixty days from the date the said units were received by the latter for repair, shall be declared “unclaimed units”. Mysolutions Inc. shall give the owner/client a verbal or written notice informing them of their “unclaimed units” and their failure to retrieve the units. Owners/clients that do not claim their units within the given period will enable/entitle Mysolutions Inc. to dispose of the “unclaimed units” in any manner it deems appropriate, whether such disposal is for profit or not, without any obligation to reimburse or pay to the owners/ clients of the “unclaimed units” any amount or benefit arising out of the disposal.
VIII. SERVICE UNIT
If client will require service unit while defective device is under repair; client must pay a service unit fee (price will depend on the model and quantity of the service unit). A service unit agreement will be provided for confirmation. Service units may not be always available and service units are only applicable to certain products and models.
- AFTER-SALES SUPPORT
Mysolutions offers after-sales phone support within warranty period thru our customer care hotline: 8364-9355 from 8:30am to 5:30pm during Mondays to Fridays and from 8:30am to 12:00pm on Saturdays. In case the hotline is busy; you may text, e-mail or instant message your name, company name, product purchased, landline number and our Customer Care Representative will get back to you as soon as he/she is available.
Email: support@mysolutions.ph
Viber : 0927-6906850
Mobile Number: 0923-8580506 / 0905-3960506
NOTES: Our Customer Care Representative will only return call if:
1) Landline number is stated
2) Number is “Manila Line” (our customer service team are not allowed to access NDD, IDD or mobile phone outgoing calls).
Once warranty has lapsed, client may call our customer care hotline to schedule on-site support (remote or phone support will no longer be available for outside warranty products) with applicable charges.
Mysolutions Inc. reserves the right to change prices of its products and services without prior notice. Mysolutions Inc. has no obligation to provide service or support until it has received full payment for the Product purchased. Mysolutions Inc. is not obligated to provide service or support, to any product client purchased from a third-party. Further, it shall be the client’s responsibility to back up all existing data, software and programs before receiving services or support from Mysolutions Inc. Mysolutions Inc. shall not be liable for any loss of data, programs, or loss of use of system(s) arising out of the service or support or any act or omission, including negligence. In addition thereto, Mysolutions Inc. may suspend, terminate, or withdraw, or discontinue part or all of Mysolutions Inc. services or client’s access to Mysolutions Inc. software (and any third-party software) upon receipt of a lawful order of a Court, subpoena or law-enforcement request, in compliance with a provision of law, rule or regulation of the Republic of the Philippines and/or any office, agency or instrumentality thereof, or when Mysolutions Inc. believes, in its sole discretion, that the client (or any other users authorize by it) have breached any term of this Agreement, any applicable Service Agreement, or are involved in any fraudulent, misleading, or illegal activities.
- SOFTWARE AGREEMENT
All TOUCHLINK and ZKTECO related software has been tested thoroughly with freshly installed O.S. (Windows 10) and has proved to work effectively. Therefore; Mysolutions, Inc. will not be held liable for any problems that may occur with the software (e.g. data loss and corruption, software malfunction, virus contamination, etc.).
All right, title and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the software, products and services provided by and/or purchased from Mysolutions Inc., as well as the methods and/or processes by which these are performed shall belong solely and exclusively to Mysolutions Inc. or the applicable suppliers or licensors, and the client acknowledges that it shall have no right of ownership over the same, except as may be granted to it in this Agreement, or other contract or authority. Along with the software and materials herein protected due to copyright/ trademark /intellectual property laws, client may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer of sale of, create derivative works from or in any way exploit any of the software materials in whole and in part.
Phone and online support is free for the period of time of the warranty from the date of the delivery. For on-site support there will be corresponding charges.
Mysolutions Inc. reserves the right to change prices of its products and services without prior notice.
- EXCLUSIVE JURISDICTION
The parties agree that any claim or controversy that might arise from this Agreement between the customer and Mysolutions Inc. concerning the interpretation, breach, termination or validity of this Agreement, or the relationships which result from this Agreement or any related purchase, it is the courts of QC that shall have exclusive jurisdiction, to the exclusion of any other courts.
- XI. NOTICES
All notices between the parties shall be sent to their declared address. In the event that any party shall change his/her/its address, the other party must be informed in writing of this change. Prior to any such written notice, the parties shall be bound by their addresses herein and notices sent thereto shall be deemed to be received when personally received, if personally served, after ten (10) days from mailing in the event that the notice is sent via registered mail. Notices sent via facsimile must be confirmed as received in writing by the party to whom the notice is sent/ addressed.
XII. MODIFICATION
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in writing signed by both the customer and Mysolutions Inc.
XIII. LIMITATION OF LIABILITY
In case of liability, Mysolutions Inc. will only be liable for the amount appearing on the invoice of the applicable product.
XIV. SEVERABILITY
If any provision of this Agreement should be found void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and effect will not be terminated.
- GENERAL AGREEMENT
Unless full payment of the full purchase price is made, it is agreed that Mysolutions Inc. shall remain to be the lawful owner of the product(s). Accordingly, Mysolutions Inc. has the right to demand a return of the product(s) delivered should the client not complete the payments within the period given. Mysolutions Inc. is not responsible for pricing, typographical or other errors and it reserves the right to amend, modify, or cancel orders arising from such errors.
XVI. ENTIRETY OF THE AGREEMENT
No amendments, changes or modifications to this Agreement shall be valid except if the same are made in writing and signed by a duly authorized representative of each of the Parties.
This Agreement comprises the full and complete agreement of the Parties, consisting of FIVE (5) pages, and supersedes and cancels all prior communications, understandings and agreements between the Parties, whether written or oral, expressed or implied.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
The failure to insist upon strict compliance with any of the terms, covenants or conditions contained in this Agreement shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right at any one or more times be deemed a waiver or relinquishment of such right at any other time or times.
XVII. SUCCEEDING TRANSACTION/ORDERS
All succeeding transactions involving the orders covered herein or additional adjustments of such orders shall be covered by this terms and conditions, without the need for any further actions by either Party, unless otherwise agreed to in a written agreement signed by both Parties.