Terms and Conditions
Purchase/Use of Equipment
Within this agreement Mvix(USA), INC. is referred to as Mvix and the words you and your refer to the Customer for which this quote/sales order or invoice is being/has been processed or the user of Mvix product/service and its websites.
These Terms and Conditions are hereby incorporated into, and made a part of any purchase order (written or verbal) by you to order equipment from Mvix.Delivery – Lead time is stated on the Mvix Quote/Sales Order. All required documents must be received to initiate an order with Mvix. Any delays in receipt of Customer-consigned equipment or payments due will cause equal or greater delays in Mvix delivery. All customers’ consigned equipment (if any) must be received at Mvix prior to having the lead time commence. Lead times are not guaranteed or firm and are provided as estimates. Delays may occur due to weather or other acts of God, material and labor shortages, changes ordered by you, concealed conditions, delays by shippers and suppliers, vandalism, casualty losses and other factors beyond Contractor’s control. Mvix shall not be liable for any claim or expense due to delay.
Freight quotes are estimated for budgeting purposes only and are subject to change. Quotations are valid for 30 days only. When Mvix equipment arrives, you are responsible for noting and damages to the packaging of Mvix equipment with the carrier. If damages are not noted with the carrier, Mvix shall not be liable for any claim or expense that arises from damages that occur during transit. All packaging material (of damaged products) should be retained and preserved for carrier inspection purposes.
Mvix hereby warrants that each component manufactured or supplied directly by Mvix will be free of defects in material and workmanship for a period of one (1) year following the date of invoice or shipment whichever occurs first (the “Warranty Period”). Any product invoiced but not shipped will have its Warranty Period started as of the invoice date. During the Warranty Period, Customer shall return defective parts to Mvix at Customer’s expense. Mvix shall repair or replace any defective component within thirty (30) days of receipt, at Mvix’s expense, including all return shipping expenses. Notwithstanding the foregoing, this warranty shall include, without limitation, all metal and plastic parts, fabrications, and formations whether or not a warranty is provided by the manufacturer, subcontractor, or supplier thereof. Mvix does not warrant any component supplied by you. Mvix’s warranty may be voided by misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by customer or customer’s service organizations, removal or alteration of part identification, installation of software or services or failure caused by a product for which Mvix is not responsible.
Mvix standard terms are 100% (one-hundred percent) payment due at time of order. Alternate terms of sale are solely at the discretion of Mvix, are extremely rare, and may impact pricing. Under no circumstances you will be entitled to withhold or suspend payment or deduct from or compensate with the amounts due hereunder. Delivery address determines taxation status. Accounts that reached 30-days overdue balance may be suspended and/or deleted. If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.
Refunds and Cancellations:
A full purchase price refund will be given for products returned within 30-days of purchase. All return products must be in original, new condition and include all original packaging and parts. Opened items with incomplete accessories / packaging / missing parts will receive a refund of the product cost minus a 20% restocking fee. Installation, training, shipping, freight, client-specific setup costs or any custom products or services are non-refundable. (Click for details)
Mvix standard terms are 100% (one-hundred percent) payment due at time of order or as agreed to by Mvix in writing. All prices are quoted in US Dollars. All remittances must be paid in US Dollars by bank wire transfer. Under no circumstances you will be entitled to withhold or suspend payment or deduct from or compensate with the amounts due hereunder. Costs and delays related to customs, taxes, brokerage and/or duties on international shipments are your sole responsibility.
Promise to Pay
In the rare event that Mvix extends credit to you under this Agreement, you jointly and severally agree to pay for all purchases pertaining to this Agreement and all other charges as described below, according to the terms of this Agreement.
In the event that Mvix does not receive payment of any amounts due by the due date, a late charge will be assessed beginning on that day and continuing each day thereafter until all amounts due are paid in full. The late charge will be the lesser of (a) maximum amount permitted by applicable law and (b) 1.75% per month, or 21% per annum, of the total of the Balance Due.
If any amounts due remain unpaid and Mvix is forced to collect these amounts from you, all collection costs, with an agreed minimum of 15% of the principal amount due, will be for your account only and can be claimed from you by Mvix.
Reservation of Ownership
Mvix remains owner of the equipment or goods purchased hereunder until the purchase price and any interest, late charge or costs due are paid in full by you. In the event of default by you in any payment due, Mvix shall have the right, in addition to any other remedies it may have at law or in equity, to withhold shipment, to recall equipment in transit and retake the same, to repossess any equipment or goods that are stored with you for your account without the necessity of Mvix initiating any other proceedings.
The warranties provided in this agreement are exclusive and are in lieu of all other warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement. Except as expressly stated in this agreement, all warranties and conditions, whether express or implied by law or otherwise (including but not limited to implied terms of quality, and fitness for purpose) are hereby excluded to the extent permitted by law. Our warranty to repair or replace defective equipment is your sole remedy for any breach of warranty.
Customer shall notify Mvix within 7 business days of any non-conformity including: missing components or elements, peripherals or pieces or non-conforming components or elements, peripherals or pieces. After such time has lapsed, Customer agrees that their order has been accepted and Mvix shall not be responsible for any further obligation to provide conforming or replacement components except as provided by the terms contained in Mvix’s warranty.
In the event that we do not ship an order or part of an order to you based on your request, a storage fee of $100.00 per unit per month will be assessed starting 30 days after the ready to ship date.
Reverse engineering of any product or service sold by Mvix, in part or in whole, is strictly prohibited except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Mvix and shall be deemed to be the confidential proprietary information of Mvix. No unauthorized application, code, script or 3rd party software can be installed on network-connected signage systems. Mvix systems cannot be modified (hardware or software) which may pose a risk to the overall stability of the signage network. Unauthorized login into the device or any attempt to hack or to seize the core administrative rights to the devices will void its warranty immediately.
Purchase/Use of Software
These Terms and Conditions are hereby incorporated into, and made a part of any purchase order (written or verbal) by you to order IT systems, cloud-services, web-applications, software or services from Mvix.
Access to some of our services (or digital signage software) are provided free of charge for use with Mvix products. If service involves a charge then at the beginning of every contract term, Mvix will charge your credit card for the amount you specified during enrollment procedure by choosing the level of Service (the “Membership”) or upon subsequent Membership upgrade, multiplied by the duration of the contract term in months. We reserve the absolute right, at our sole discretion, to terminate our provision of the Service to you if funds are not available. Rates and Memberships may be changed at any time and you will receive notification prior to the change. The first payment will be due upon execution of these Terms and Conditions. Thereafter, payment will be due not later than the first day of the contract term billing period for the subsequent term of Service. Contract term is determined by the payment plan specified during enrollment procedure (one month, six months, one year; other term duration if applicable). Membership upgrades are subject to additional pro-rate invoicing for days remaining in the current billing period. Interest shall accrue on any unpaid fees at the rate of 5% per month until paid in full. If Mvix does not receive payment from the card issuer, you agree to pay Mvix all amounts due upon demand. Customer agrees to pay all attorney and collection fees arising from Mvix efforts to collect any past due amounts from Customer.
Continuous Service Membership
Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your membership will be automatically renewed and your credit card will be charged based on the subscription payment plan in accordance with the contract term. Credit card charges may be processed immediately after invoicing.
You may cancel your service account at any time.
Upon cancellation or termination of the Service, you will not receive a refund for any charges or fees associated with the service. Installation, training, shipping, freight, client-specific setup costs or any custom products or services are non-refundable. (Click for details)
Term and Terminations
Few software / web-applications are provided as free-access software to our customers for their use with Mvix products. These software or services are NOT open source software. Free services and trial accounts are not subject to membership fee billing and invoicing. No membership fee payments are required for any free software or free trial accounts for the entire duration of the life of Mvix signage system.
Acceptance of Terms
Your usage of our services constitutes the acceptance of these Terms and Conditions. In addition, you will be subject to any guidelines or rules we may post from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. Should you breach this Agreement, Mvix will revoke your access to the service and suspend your right of access. In such a case, no portion of your membership payment will be refunded. Should Mvix decide to suspend the Service for any reason other than breach, it will refund to you the unused portion of your membership payment (if any), which will be your sole and exclusive remedy upon such a suspension of Service. Free signage software and free trial periods are provided without any obligations.
In consideration of use of the Service, you agree to provide true, accurate, current and complete information about your business as prompted in Registration form, and maintain and promptly update your Account Information to keep it true, accurate, current, complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mvix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mvix has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We require all our users to keep all data, media, files, links and other information uploaded and linked to our software compliant with our Acceptable Use Policy. All pricing terms are confidential, and you agree not to disclose them to any third party.
You will receive a password and account designation upon completing the Service’s Enrollment process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Mvix of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. Mvix cannot and will not be liable for any loss or damage arising from your failure to comply with this section or from any loss or damage arising from the actions of any third party.
Subject to the Terms and Conditions, Mvix grants you a non-exclusive and non-transferable license to access the Services over your computer or computers. Mvix is the owner of any and all information, data, text, software, messages and other materials (collectively, “Content”) within the Service, including, without limitation, the URL assigned to your business.
Restriction on Use of Service
Except as expressly permitted, you may not reproduce, disclose, redistribute, retransmit, publish, sub-license, assign, transfer or commercially exploit any of the Services or any other content that you receive, directly or indirectly, through the Services to anyone without prior written approval from Mvix. You may not use or permit anyone to use the information provided through the Services for any unlawful or unauthorized purpose.
Modification of Service
Mvix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mvix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Mvix has no responsibility or liability for the deletion or failure to store any media (file, content, playlist or schedule) transmitted by the web-based application to the signage devices. If you do not use the signage solution (software and/or hardware) or it remains unused for a period of six (6) months, the account will be deemed dormant. You acknowledge that Mvix reserves the right to terminate any inactive or dormant account(s). We may immediately terminate that account and erase all media files and account data without notice to you.