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Terms & Conditions

  1. DEFINITIONS

“Goods” means any goods and/or services provided by the Company as ordered by the Client

“ Company” means IT Support LLC.

“ Client” means the person, firm or company placing an order with the Company.

  1. APPLICATION

These terms and conditions apply to any provision of services or materials by the Company to the Client.

  1. FORMATION OF CONTRACT

All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.

  1. QUOTATIONS

The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve.

  1. ORDERS

Orders will be deemed to have been placed when an online ordering on Company’s web site www.itsupport.am is confirmed and successfully processed or an email confirmation has been received from a responsible executive of the client/client company.

  1. TIMETABLE

The Company will use its best to supply the services or materials within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but time will not be of the essence within the contract.

  1. RISK OF LOSS

The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.

  1. PAYMENTS

8.1 New clients or other clients out of terms may be expected to pay in advance for their services.

8.2 All other invoices issued by the Company shall be paid by the Client within thirty (7) days of the date of invoice unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge interest on the amount outstanding before and after judgment at the rate of five (5) percent above the Base Rate of America Bank Armenia plc. in force from the due date until the date of payment. In addition, invoices unpaid for more than 30 days after the invoice date will incur a surcharge of either $30 or 5% of the outstanding amount, whichever sum is greater.

8.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within three (3) days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.

8.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.

  1. DELIVERY

9.1 The majority of services as supplied by the company are dispatched electronically by email and shall be deemed as having been delivered when the email has been opened by the client.

9.2 The Company reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.

  1. NOTICE

All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.

  1. LOSS OR DAMAGE TO SUPPLIES

The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).

  1. CONFIDENTIALITY

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.

  1. EMPLOYMENT OF PERSONNEL

Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.

  1. WARRANTY

14.1 The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis with warranty mentioned for each product individually. No warranty is given that the Goods are suitable for the purposes intended by the Client.

14.2 The Company warrants that the Goods will be supplied using reasonable care and skill. The Company warrants that the Goods supplied are error-free, accurate or complete.

14.3 Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.

14.4 The Client acknowledges that the Company is required to uphold at all times, in letter and in spirit, the Armenian codes of Advertising and Sales Promotion.

  1. LIMITATION OF LIABILITY

15.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.

15.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.

15.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.

  1. FORCE MAJEURE

The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.

  1. GOVERNING LAW

These Terms of Trading shall be subject to and construed in accordance with the laws of Armenia and the parties hereby submit to the exclusive jurisdiction of the Armenian courts.

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