Free Sample Terms of Service Agreement

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A terms of service page is necessary in a lot of ecommerce setups – especially when you want to establish certain rules, restrictions, and procedures that intend to be enacted upon purchase or use of your website. In a terms of service page you can specify various different clauses such as those related to payment / non-payment, taxes, shipping, returns, warranties, and other policies your company may have.

Below is a sample ‘Terms of Service Agreement’ for the fictional company MYCOMPANYNAME:

 

Terms of Service

MYCOMPANYNAME Terms of Service

This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from MYCOMPANYNAME. Any attempt to alter or supplement this document, to enter an order for a product(s) that is subject to additional or altered terms and conditions, or to modify in any way this agreement, will be null and void unless otherwise agreed to by written agreement signed by both you and MYCOMPANYNAME. These terms and conditions are subject to change without prior written notice at any time, at MYCOMPANYNAME’s sole discretion.

  1. Definitions.

1.1            “We”, “us” and/or “our” referrers collectively to MYCOMPANYNAME as well as any subsidiaries and affiliates.

1.2            “You” or “your” means the individual or entity named on the invoice.

  1. Acceptance

2.1               By completing a product purchase from MYCOMPANYNAME you agree to be bound by and accept the following terms and conditions concerning that product.

  1. Payment Terms, Orders and Interest.

3.1               Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside.

3.2               MYCOMPANYNAME reserves the right to cancel an order or transaction, in whole or in part, for any reason and at any time.

3.3               Terms of payment are within MYCOMPANYNAME’s sole discretion, and unless otherwise agreed to in writing by MYCOMPANYNAME, payment must be received in full before MYCOMPANYNAME will take any action towards the fulfillment of an order.

3.4               Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. MYCOMPANYNAME may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.

3.5               MYCOMPANYNAME is not responsible for pricing, typographical or other errors in any offer by MYCOMPANYNAME and we reserve the unilateral right to cancel any orders resulting from such errors.

  1. Taxes.

4.1               Unless you provide MYCOMPANYNAME with a valid and correct tax exemption certificate, applicable to your purchase of Product and the Product’s ship-to location, you are responsible for sales and other taxes associated with the order.

  1. Shipping, Title and Risk of Loss.

5.1               Shipping and handling are additional unless expressly indicated otherwise at the time of sale.

5.2               Loss or damage that occurs during shipping by a carrier selected by MYCOMPANYNAME is MYCOMPANYNAME’s responsibility.

5.3               Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.

5.4               Software titles and rights remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software.

5.5               Shipping dates are only estimates and MYCOMPANYNAME accepts no responsibility for situations resulting from a longer-than-estimated build or shipping time.

5.6               Items missing from your order must be reported to MYCOMPANYNAME within fourteen (14) calendar days of receipt. MYCOMPANYNAME accepts no responsibility for missing items not reported within the 14 days specified.

  1. Return Policy.

6.1               You may return MYCOMPANYNAME products purchased directly from MYCOMPANYNAME in accordance with MYCOMPANYNAME’s Warranty and Return Policy.

6.2               Please keep in mind that, among other things, you:

6.2.1       Must contact us directly before you attempt to return the product.

6.2.2       Must return the product to us in its original or equivalent packaging.

6.2.3       Are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.

  1. Product Warranty for Domestic Customers and Disclaimer of Warranties.

7.1               THE PRODUCT WARRANTY APPLICABLE TO MYCOMPANYNAME PRODUCTS MAY BE VIEWED ON-LINE AT MYCOMPANYNAME’S WARRANTY AND RETURN POLICY PAGE

7.2               THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-MYCOMPANYNAME PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”.

7.3               WARRANTY AND SERVICE FOR NON-MYCOMPANYNAME PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY MYCOMPANYNAME.

7.4               MYCOMPANYNAME MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN MYCOMPANYNAME’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD

7.5               MYCOMPANYNAME WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON MYCOMPANYNAME’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

  1. There is NO WARRANTY for International Customers, as we do not sell any products internationally.
  2. LIMITATION OF LIABILITY.

9.1               MYCOMPANYNAME DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SETFORTHHEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.

9.2               MYCOMPANYNAME WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY SAVE THOSE FOR WHICH PROVISIONS ARE EXPRESSLY PROVIDED HEREIN.

9.3               MYCOMPANYNAME IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES WHICH EXCEED THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF PRODUCT OR SERVICES GOVERNED BY THIS AGREEMENT.

  1.  Software.

10.1          Software purchased through MYCOMPANYNAME, either by itself or in conjunction with another product or bundle, is bound to this agreement in addition to product licenses and terms of use and service included with the individual software. MYCOMPANYNAME does neither warrant, nor provide user or technical support for any software purchased through MYCOMPANYNAME or otherwise.

  1.  Products.

11.1          MYCOMPANYNAME continually upgrades and revises its products and service offerings. MYCOMPANYNAME may revise and discontinue products at any time without prior notice to customers.

11.2          MYCOMPANYNAME guaranties all its products to have the functionality and performance described at the time of purchase; however, variations between what is shipped and what is described in a specification sheet or seen in pictures associated with the product may occur. The parts and assemblies used in building MYCOMPANYNAME products are selected from various brands and include both new and equivalent-to-new parts which are assembled in accordance with industry practices. Individual parts may be new or reconditioned and component brands may change from what is pictured or described

  1.  Applicable Law and Not for Resale.

12.1          You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.

  1.  Governing Law.

13.1          This Agreement and any sales hereunder shall be governed by the laws of the state ofNevada, without regard to conflicts of laws principles.

  1.  Export.

14.1          You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.

14.2          Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons.

14.3          You agree not to provide any written regulatory certifications or notifications on behalf of MYCOMPANYNAME.

  1.  Miscellaneous Provisions.

15.1          You will not register or use any Internet domain name that contains an MYCOMPANYNAME trademark or trade name (i.e., MYCOMPANYNAME) in whole or in part or any other name that is confusingly similar thereto.

15.2          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.

15.3          If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.

  1.  Use Restrictions

16.1          MYCOMPANYNAME is a designer and builder of custom computers. MYCOMPANYNAME retains all rights to the designs, layout and configurations of said computers. All information provided by MYCOMPANYNAME to the customer about these computers is owned by MYCOMPANYNAME, and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

16.2          Only with prior written permission from MYCOMPANYNAME may permission to copy, reproduce, distribute, republish, download, display, post or transmit any information be granted. By requesting a design quote by MYCOMPANYNAME, the client agrees to these terms and conditions.

16.3          If the customer breaches any of these terms or conditions the customer must immediately return or destroy any materials pertaining to the design and configuration of the controller. Any unauthorized use of any materials pertaining to the design and configuration of the computer may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

16.4          This Agreement and any sales hereunder shall be governed by the laws of the state ofNevada, without regard to conflicts of laws principles. MYCOMPANYNAME will not be held liable for any damages, mistakes, mishaps, or loss of data resulting from any other system builder using and redesigning a pc based controller, from a design belonging to MYCOMPANYNAME.

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