Terms and Conditions
Estimate. This estimate is valid only if executed by Customer and returned to Optimum Networking, Inc. within five days of the date hereof. This estimate has been prepared in good faith by Optimum Networking based upon its understanding of the scope of the project; however, unidentified issues may require additional parts and labor.
Payment Terms. The amounts set forth in the estimate are due and payable in full upon delivery of the equipment, and completion of services, as applicable. If delivery or services are completed in phases, the applicable portion of the purchase price shall be due upon completion of each phase. Optimum Networking may invoice for system components stored in its warehouse. Optimum Networking shall retain title to all equipment and software until paid in full. Amounts not paid within 30 days of when due shall bear interest at the rate of 1.5% per month. Customer agrees to pay all costs of collection of amounts due hereunder, including reasonable attorneys' fees.
Scheduling of Delivery or Installation. When Customer’s equipment is available, Optimum Networking will schedule a time for delivery, installation and provision of other services, as applicable. The time designated to complete any such services will be an estimate; the actual period required may be shorter or longer. Optimum Networking shall not be liable for any delivery or installation delays due to lack of labor or production, inability to obtain equipment or any other circumstances beyond its direct control.
Preparation for Installation. Customer is responsible for moving all furniture, appliances and fixtures in the area in which installation is scheduled. In addition, Customer is responsible for preparing for the installation as requested by Optimum Networking. Failure to prepare for the installation accordingly may result in the installation being rescheduled or in additional fees if Optimum Networking is requested to prepare the site for installation.
Return Policy. All returns must be approved and issued a Return Material Authorization (RMA) number by Optimum Networking in advance. All RMA requests must be made within 15 days from the order date. Certain manufacturers and distributors do not allow returns or require payment of a restocking or other fee. Customer is responsible for payment of any such fees in addition to any associated shipping charges and Optimum Networking’s restocking fee equal to 10% of the total purchase price of the returned items.
Warranties. Optimum Networking warrants that all services will be provided be in a good and workmanlike manner in accordance with industry standards. EXCEPT AS EXPRESSLY PROVIDED ABOVE, OPTIMUM NETWORKING MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, SYSTEM OR ANY COMPONENT THEREOF. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SYSTEM AND ALL COMPONENTS IS ASSUMED BY CUSTOMER AND IN NO EVENT SHALL OPTIMUM NETWORKING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, RESULTING FROM CUSTOMER'S USE THEREOF. All system components are covered solely by any manufacturer or developer’s warranties. Customer must return defective products directly to the manufacturer or developer for service or exchange in accordance with the terms of such warranty. Any components that are physically damaged or damaged through improper installation or use will not be accepted for repair or exchange. Manufacturer and developer’s warranties DO NOT INCLUDE PICKUP, DELIVERY, INSTALLATION OR RELATED SERVICES PROVIDED BY OPTIMUM NETWORKING RELATING TO THE DEFECTIVE PRODUCTS.
Software License Compliance. Upon request, Optimum Networking can assist Customer in performing software inventory checks to ensure licensing compliance; however, Optimum Networking is not responsible for Customer’s software license compliance as regulated by the Software Publishers Association or the Business Software Alliance.
General Matters. This agreement constitutes the entire understanding between the parties concerning the subject matter hereof and no oral representations by any party will in any way affect this agreement. This agreement shall be governed in accordance with the laws of the State of Colorado. The parties agree that any legal action or proceeding relating hereto shall be instituted in a county or state court located in Arapahoe County or the City and County of Denver, Colorado. The parties agree to submit to the personal jurisdiction of, and agree that venue is proper in, these courts in any such proceeding.
Optimum Networking’s Compliant IT Environment
Microsoft Products
Microsoft Windows Server Versions NT4 through 2003Microsoft Exchange Server Versions 5.5 through 2003
Microsoft SQL Server Versions 2000 through 2005
Microsoft SharePoint Server
Microsoft Internet Information Server (IIS)
Microsoft .NET Framework
Microsoft Visual Studio and Visual Basic Development Environments
Microsoft Desktop Operating Systems Windows 95 through Vista
Microsoft Office
Microsoft Patch Management
WSUSCitrix Products
Citrix MetaFrame Versions 3 through Presentation Server 4.5Citrix Secure Gateway
Antivirus Products
Trend-Micro
Symantec
Anti-Spam
Cloudmark Server Edition
GFI Mail Essentils
Backup Products
Symantec Backup-Exec
Backup Tape Drives
Certance
Exabyte
HP
Quantum
Juniper Products
Netscreen Firewall Products NS5 through NS 500 series
Juniper SSG Firewall Products SSG5 through SSG560 series
Juniper Secure Access Products SA700 through SA4000 series
Cisco Products
Cisco Router Products
Cisco Switch Products
HP Server Products
ML Series
DL Series
HP Networking Products
HP Procurve Switch Products
HP PC Products
Current business class PC product line
Blackberry
Optimum also offers assisted support through our “Warm Transfer” program for the following:
Dell Equipment
Quick Books
ACT
Your Business Specific Applications:
The “Warm Transfer” program requires active service contracts with the various vendors.