Terms of Service

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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 Invictus International(Invictus) or any of its subsidiaries or affiliates. By accepting delivery of the product(s) purchased from Invictus and described on your in-voice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that 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 you and Invictus. These terms and conditions are subject to change without prior written notice at any time, in Invictus's sole discretion. By accepting these terms of service you also accept Invictus Intl's:

Definitions:

We us and/ or our means Invictus International(Invictus)

You or your means the individual or entity named on the in-voice.

Payment Terms, Orders, and Interest:

Listed prices are in United States dollars and, unless noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you are located. We reserve the right to cancel an order and/or transaction, in full or in part. Terms of payment are within Invictus Intl(Invictus Intl) sole discretion, and unless agreed to in writing by Invictus Intl, payment must be received by Invictus Intl before Invictus Intl's acceptance of an order. In-voice amounts are due and payable within the period noted on the in-voice, measured from the date of the in-voice. Invictus Intl may in-voice parts of an order separately. You agree to pay interest on all/every past-due sum at the highest rate allowed by law. Invictus Intl is not responsible for any of the pricing, typographical or other errors in any offer by and we reserve the unilateral right to cancel any orders resulting from such occurring errors.

Invictus Intl may utilize a verity merchants or methods to accept payments online or in person. Any third party merchants or processors that create or maintain information on their client side is beyond the controlling powers of Invictus Intl. Invictus Intl is not responsible of any damages or losses incurred from the use of these services. You have the sole responsibility of terminating any subscriptions, contracts and/or agreements with any third party merchants or processors. Any payments sent to Invictus Intl beyond what is properly invoiced to you are not monitored and will be considered donations. You acknowledge that Invictus Intl has no control over any third party merchants or processors and that any payments sent to us from said parties were from the direct actions of yourself. You waive the right to any disputes, charge backs, credit reductions or any other reversal of funds when said funds are sent from yourself either directly or through any subscription, contract and/or agreement with said party. It is the sole discretion of Invictus Intl to grant any refunds for transactions.

Invictus Intl reserves the right to cancel your service at any time due to lack of funds. Your service will be suspended without your consent until proper and complete funds are furnished to Invictus Intl. Invictus Intl is not responsible for the management or timely manner in which you pay. Any services that are overdue for a twenty five (25) day period will be terminated. You acknowledge that any data, settings or any other materials related to your service will be inaccessible and after your termination will be destroyed without the possibility of recovery.

Cancellation requests are for your convenience. These requests are processed every day at 4:00 PM GMT by our automation software after they are submitted. Cancellations only process your request within our systems and requests do not cancel any agreements with any third party merchants or processors. Any agent of Invictus Intl that is in communication with yourself cannot submit any cancellation requests for you. Submitting any cancellation requests through email, written, telephone or any other form of communication other than the official cancellation feature within said site will be considered null and void.

Cancellation requests fall under two categories: Instant and End of Billing Period. Instant cancellations will immediately cancel your service terminating your servers, users, settings, and all data at the moment of your request. At this point you will no longer have any ownership to any related services you may have. no partial refunds will be granted for any time left until your next invoice. End of Billing Period will terminate your service on the date of your next invoice. Upon termination our automated system will delete your servers, users, settings, and all data. This will allow you to continue using your server until your next pay period.

Continual Invoicing is one feature we offer to keep you informed at all times when your next charge will be due. We will send out invoices when automatic payments or subscriptions are in place. You are notified in writing on every invoice that you should not create any additional subscriptions or agreements if you already have one active subscription or agreement with your third party merchant or processor. You are responsible for reading your invoice in its entirety. Failure to follow directions on any invoice sent will not be the responsibility of Invictus Intl

The customer agrees to defend, indemnify, and hold harmless the company, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to the customer in connection with the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, the customer or any third party user of the service relating to all provisions stipulated above.

Shipping, Title and Risk of Loss:

Shipping and handling are additional, unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Invictus Intl(Invictus Intl) is Invictus Intl's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify Invictus Intl of damaged or missing items from your order within fourteen (14) calendar days after you receive your product(s).

LIMITATION OF LIABILITY:

Invictus Intl (Invictus Intl) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. INVICTUS INTL 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Invictus Intl IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.

Software:

All software is provided subject to the license agreement that is part of the package you receive from Invictus Intl. You agree to be bound by the license agreement once the package is opened or its seal is broken. Invictus Intl does not warrant any software under this Agreement.

Products:

Invictus Intl (Invictus Intl) continually upgrades and revises its products and service offerings. may revise and discontinue products at any time without prior notice to customers. Invictus will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Invictus Intl products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.

Invictus Intl may offer "instant setup" of some or all of its services. This service is depended on you following all specified guidelines at the time of purchase. If these guidelines are not met this service will not properly activate and you will not receive your "instant setup." You agree that if you do not follow the posted guidelines at time of purchase you will contact Invictus Intl with your request to activate your service manually. Invictus Intl reserves the right to take forty-eight (48) hours to manually activate said service once written notice has been given through our official support system.

Invictus Intl is not responsible for any troubles, malfunctions, conditions, or abilities for our services to work on your computer software. We guarantee that our service will be active and functioning. You agree that if you are not able to get your related service to work on your system due to any asset not expressly owned by Invictus Intl you are still responsible for the payment and management of our working service regardless of your functionality.

Compromised Service

if at any time it is determined that any service provided by Invictus Intl has been compromised at no fault to its user we agree that we will remedy your service without delay free of charge. At the user's request we charge a $30 service fee for the first 2 hours and an additional $15/hr after wards for repair and recovery of data within a compromised service that was due to actions of any user within that service. Alternatively you have the right and option to simply erase all data and services and have Invictus Intl recreate your service as new free of charge. Invictus Intl reserves the right to terminate any service without reimbursement for any repeat occurrences of compromised systems due to the actions of any user within that service.

Support

Invictus Intl offer top of the line 24 hour support through your websites support system. We do not offer any email, phone, mail or any other form of communication for support other than those requests submitted through your websites support system. The following conditions apply to the use of our support.

Invictus Intl utilizes ticket systems within their sites to quickly and efficiently address and take care of the questions and concerns of our customers. You may utilize these systems free of charge. You agree that you will only open one (1) ticket per subject and occurrence. Opening multiple tickets within our system for each response or for the same occurrence creates congestion and delays your response times. Invictus Intl offers no guarantee that your support related responses will be replied to in a timely manner due to not following these guidelines. You will be notified once to discontinue using multiple tickets. We reserve the right that any further occurrences will result in denial of support.

You agree that you will not threaten, defame, abuse, harass any agent of Invictus Intl. Any act that is deemed to have fallen within this subject will result in the immediate cancellation of services, communications and relationship including banishment without refund for any reason. Any continued acts will result in a cease and desist notice from our legal counsel. Further actions will result in the lawful pursuit of retribution to rectify the damage of your actions.

You are responsible for the maintaining and proper servicing of your service. Invictus Intl does not guarantee any offer of any trainings education or support on the use of their service. Agents of Invictus Intl will try their best to help you, but we cannot continually guide you through the basics of home computing.

You understand and agree that Invictus Intl offers no email support other than that provided through our official support system for the specified site. All system and listed emails are unmonitored and exist as tools to manage Invictus Intl.

 

Binding Arbitration:

You and Invictus Intl agree that any claim, dispute or controversy, whether in contract, or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims ("Dispute") against Invictus Intl, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Invictus Intl's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.

Applicable Law and Not for Resale:

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

Governing Law:

This Agreement and any sales hereunder shall be governed by the laws of the state of Utah, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.

Miscellaneous Provisions:

You will not register or use any Internet domain name that contains a Invictus Intl's trademarks or trade names (i.e. Invictus Intl) in whole or in part or any other name that is confusingly similar thereto. 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 therefrom. 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.

© Copyright 2007- Invictus International (http://goinvictus.com)