User Agreement & Disclaimer

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to the Customer's purchase of hardware, software and/or other products (Item or Items) from SEMNAC Technologies LLC. By accepting delivery and/or installation of the Item(s) described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SEMNAC TECHNOLOGIES, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER SEMNAC TECHNOLOGIES STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in SEMNAC Technologies' sole discretion.

1) Other Documents

These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to place an order for Item(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SEMNAC Technologies.

2) Payment Terms

Terms of payment are within SEMNAC Technologies' sole discretion, and unless otherwise agreed to by SEMNAC Technologies in written format, payment must be received prior to SEMNAC Technologies' acceptance of an order. Payment for the Item(s) will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by SEMNAC Technologies. Invoices are due and payable within the time period noted by SEMNAC Technologies, measured from the date of the invoice. SEMNAC Technologies may invoice parts of an order separately. Orders are not binding upon SEMNAC Technologies until accepted by SEMNAC Technologies. Any quotations given by SEMNAC Technologies will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

3) Order Cancellation

Order cancellation must be emailed to billing@semnac.com within 24 hours of the placement of the order. Cancellations placed after 24 hours or if the order has been shipped will result in a 15% restocking fee.

4) Shipping Charges & Taxes

Prices do not include charges for shipping and handling, and applicable taxes and separate charges for the aforementioned will be shown on the invoice. Unless Customer provides SEMNAC Technologies with a valid tax exemption certificate applicable to the hardware/software ship-to location prior to SEMNAC Technologies’ order confirmation, Customer is responsible for sales and all other taxes associated with the order.

All orders shipped outside the United States are subject to the following (if applicable to the location and Item(s) shipped): customs fees, brokerage fees, insurance, duty, tariff, and any other fees that are applicable and charged by their country. The Customer is responsible for these fees even if they refuse or return the Item(s).

5) Title & Risk of Loss

Title to products passes from SEMNAC Technologies to Customer on shipment from SEMNAC Technologies’ facility. Loss or damage that occurs during shipping by a carrier selected by SEMNAC Technologies is SEMNAC Technologies’ responsibility. If a damaged Item is received, please contact SEMNAC Technologies within 15 days of receipt of your order by e-mailing support@semnac.com or calling 1-888-477-1243. You must retain the original packing materials. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6) Return Policies

SEMNAC Technologies Item(s) purchased directly from SEMNAC Technologies by an end-user Customer may be returned by Customer within 30 days of the date on the invoice. Hardware must be received IN ORIGINAL PACKAGING, and a 15% restocking fee will apply. Customer will be responsible for paying shipping and necessary insurance fees when returning to SEMNAC Technologies. Open Box/Clearance items are non-returnable. In the case of software that has been installed by a SEMNAC Technologies engineer, a request for uninstallation must be emailed to support@semnac.com within 30 days of the date of invoice, and a 30% service fee will apply.

7) Warranties

SEMNAC Technologies hardware comes with a 90-day limited warranty. Warranties do not cover physical damage. The limited warranties applicable to Items purchased from SEMNAC Technologies are included in the documentation along with the Item. SEMNAC Technologies makes no express warranties except those stated in this section and in SEMNAC Technologies’ applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and SEMNAC Technologies will be obligated to honor any such warranties, only upon SEMNAC Technologies’ receipt of payment in full for the item to be warranted. SEMNAC Technologies disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. SEMNAC Technologies’ responsibility for warranty claims is limited to repair and replacement as set forth in SEMNAC Technologies’ applicable warranty statement in effect on the date of the invoice. SEMNAC Technologies reserves the right to modify its warranty at any time, at its sole discretion.

All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the software is installed. SEMNAC Technologies does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the end-user license agreement that governs its purchase and use.

8) License to Software

If the Item being ordered is software/applications or digital content, SEMNAC Technologies grants the Customer a license for such Item on a non-transferable, non-exclusive basis to use the object code version of such Software/Applications or Digital Content. For details, refer to the end-user license agreement that governs its purchase and use.

9) Software Technical Support

All Software purchases include 30 days of free technical support starting at the time of purchase. Support is available Monday - Friday from 8:30 a.m. through 6:30 p.m. via phone at +1.888.477.1243 or via email at support@semnac.com.

10) Limitation of Liability

SEMNAC Technologies does not accept liability beyond the remedies set forth herein, including any liability for Item(s) not being available for use or for lost or corrupted data or software. SEMNAC Technologies will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.

11) Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

12) Compliance by End User

SEMNAC TECHNOLOGIES, LLC IS NOT RESPONSIBLE FOR THE METHOD OF USE OF THE HYLAFAX SOFTWARE BY THE END-USER (CUSTOMER) AND SEMNAC TECHNOLOGIES, INC. IS NOT RESPONSIBLE FOR THE CONTENT OF ANY FACSIMILE TRANSMISSION(S) PRODUCED BY THE END-USER (CUSTOMER) UTILIZING THE HYLAFAX SOFTWARE.
It is expressly acknowledged that the end-user (Customer) of the HylaFAX software is solely responsible for compliance with any international, federal, state or local law, statute, regulation, ordinance or rule (Regulations) governing or concerning the transmission of facsimiles, electronic transmissions, telephone calls or voice messages. End-user (Customer) shall indemnify SEMNAC Technologies, Inc. for any costs, claims, and damages that SEMNAC Technologies, Inc. incurs as a result of the failure of end-users (Customer) to comply with any Regulations described in this paragraph.

13) Force Majeure

SEMNAC Technologies shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Terms & Conditions of Sale caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Terms & Conditions of Sale, or any other cause beyond the control of SEMNAC Technologies.

14) Invalidity of Provisions

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

15) Waiver

SEMNAC Technologies’ failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of SEMNAC Technologies’ rights hereunder, shall not constitute a waiver of any of SEMNAC Technologies’ rights or remedies under this Agreement.

16) Governing Law

The Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Florida, U.S.A.