How Cat Saves You Money
Subpico CATTM
Hardware Products Terms and Conditions
Force Majeure
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Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party including but not limited to any Act of God, fire, earthquake, storm, flood, or landslide, requirement of any government, quasi-government or judicial entity, sabotage, riot, epidemic, terrorism, national emergency or act of war, unavoidable accident, explosion or public mains electrical supply failure, or any other similar cause beyond the reasonable control of the party concerned which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavours to comply with these terms and conditions. (back to top)
Indemnification
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You agree to indemnify, defend, and hold harmless Subpico and its officers, directors, employee and agents, from and against all losses, expenses, damages and costs, including without limitation, reasonable legal fees, and accounting fees arising out of or in any way connected with, your use of our equipment and services, or your breach of these Terms. (back to top)
Exclusion of Liability
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Subpico shall not be responsible for any damages whatsoever caused either to the equipment supplied or as a result of the malfunction of such equipment in the event that such equipment and or services are in any way adapted to a use to which they are not specifically intended.
We will not accept responsibility for damage resulting from customer misuse, tampering, improper transportation or storage, or accident. We shall not be liable for incidental or consequential damages arising from the use of our equipment. Such damages include, but are not limited to, costs of removal and reinstallation of equipment, costs of testing, loss of goodwill, loss of profits, or loss of use. (back to top)
Installation
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As the Equipment we are providing is “self-installation”, a service fee may apply for any additional services we need to provide to you if you need more than a standard installation. Our Subpico CAT equipment will normally ship within ten business days or less, after payment is received. (back to top)
Payment
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Any fees payable for the first uptake of the Subpico CAT switching services, invoiced by Subpico, shall be received prior to any equipment being delivered. Thereafter, the monthly fee for the selected service is to be paid monthly in advance, on the due date for payment.
For Subpico cloud based subscription and data feeds services monthly payments are made in a-rears.
Subpico Consultancy service payments are to be paid in advance per month based on on a fixed retainer and any out-of-scope supplementary work. A Subpico contract including a work order form will be provided.
All Issued Invoices are due immediately and are to be paid withing 5 working days of receipt to avoid penalties.
Should we change the monthly fee at any time, we would give at least 30 days’ written notice to you.
A reasonable fee of 20% is to be paid on demand to cover costs incurred in relation to each dishonoured cheque, late or other failed payments (whether by direct debit, credit card or otherwise). Payment is to be made, on demand, for costs incurred for the collection of any overdue payments, including a fixed late payment fee, also for collection fees in the event we need to repossess the equipment. (back to top)
Term
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Subject to earlier termination under 'Termination and Suspension' or as permitted by any mandatory provision of law, the service will continue until terminated by either party giving 90 days’ notice to the other. (back to top)
Termination and Suspension
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Subpico may immediately terminate, or temporarily suspend our services (by disabling the Subpico CAT or the provisioning of all or any part of the selected data or switching service) if: (a) it is reasonably necessary to do so for operational or technical reasons (including but not limited to maintenance or upgrades of the selected service); (b) we believe on reasonable grounds that you are using the service in breach of these terms and conditions and or any executed agreements between us or applicable laws, or (c) you fail to pay any amount you owe us on the due date.
If we suspend your account under sub-clause (b) or (c), and you rectify your breach or non-payment, then we may (at our discretion) agree to reactivate our service subject to conditions and a penalty reactivation cost of 2 months license fees which must be paid prior to enabling the service should we choose is re-activate. (back to top)
Care and Return of Equipment and Data Services
Subpico reserves all rights in its Technology and Data Services.
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We own all provided Subpico CAT equipment and Data Services and you must not:
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sell, lease, dispose of, lend or otherwise part with possession of, or modify it in any way,
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use it for any purpose other than the selected service under these Terms and Conditions and any executed agreements,
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deface, obliterate or remove any label or mark which identifies our ownership of it, or
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do any other act which may adversely affect or prejudice our ownership of it.
The above will result in a Subpico Service termination with penalties; refer section Termination and Suspension
You must use the equipment and services in accordance with our instructions, and immediately return the equipment to us or one of our authorised agents on termination of our service within five business days of the service termination.
You will be liable for any loss (including by fire) or theft of, or damage, however caused to the equipment during the term of our service and while it remains in your possession (if longer). It is your responsibility to have the appropriate insurance cover, if you elect to do so, against potential liability.
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Where a unit is not returned or on service termination in any non-compliance arrangement of any barter type arrangement a replacement cost equivalent to two years base service fee will be invoiced for immediate payment. No compensation will be provided should the the unit be returned. Refer "Payment" clause for recovery and for late penalties.
You shall not reverse engineer, break, open or otherwise interfere with the Subpico Cat equipment nor attempt, or authorise or permit any other person, to do so. (back to top)
Defective Device
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Where we provide the Subpico CAT Appliance to you, we will be responsible for maintaining it in good working order and condition. You must advise us as soon as Subpico CAT is damaged or is not in full working order or there is any other issue with our data services to you. (back to top)
Privacy
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All information provided here is kept completely confidential, and is kept solely to service your order. We do not share, sell or otherwise distribute any information gathered by this ordering system. If you have any questions or concerns regarding your privacy, please contact us. (back to top)