1.1 General. This Agreement governs your purchase and use of Third-Party Products and NexusTek’s account management and billing administration associated with such purchase, including, but not limited to, any recurring billing subscriptions. The terms “you” or “your” refers to the person or party that is financially responsible for the purchase of any Third-Party Products. After ordering a Third-Party Product and paying any amounts due and payable to NexusTek, you may download (if applicable) and access the Third-Party Product for personal use. You are responsible for ensuring and confirming minimum system requirements, including requirements that NexusTek makes available on any product detail pages, receipts or invoices, for Third-Party Products. You are responsible for any internet or other connection charges you may incur in connection with your access to, and download and use of, Third-Party Products.
1.2 Ownership. NexusTek retains ownership title for any item(s) ordered until paid in full by customer.
1.3 Taxes, shipping, and handling charges. NexusTek will invoice for taxes, shipping and handling charges (if applicable) when product ships. Expedited delivery services are provided at an extra cost.
1.4 Ship-to-Address. Any quoted physical product will be delivered to the “Ship to” address on the quote provided.
1.5 Accounts with Third-Party Product Providers. In order to use or access certain Third-Party Products, you may need to have or create an account with the applicable third-party manufacturer, service provider or licensor (each, a “Provider”). Any information you provide to any such Provider will be subject to the Provider’s privacy policy or similar terms.
1.6 Subscriptions. If you purchase one or more Third-Party Products that includes a subscription, you acknowledge and agree that your subscription will automatically renew, and that NexusTek may automatically continue your subscription at the then-current subscription price, which may be adjusted from time to time, upon expiration of the initial subscription period. NexusTek will collect and remit payment to the applicable Provider for the subscription. ABSENT SIXTY (60) DAYS ADVANCE WRITTEN NOTICE TO NEXUSTEK THAT YOU WANT TO CANCEL AND/OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE NEXUSTEK (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-CURRENT SUBSCRIPTION PRICE AND ANY TAXES, USING ANY PAYMENT METHOD NEXUSTEK MAY HAVE ON RECORD FOR YOU. IF YOU CANCEL A SUBSCRIPTION WITH AN EARLY TERMINATION FEE, YOU AUTHORIZE NEXUSTEK (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE EARLY TERMINATION FEE AND ANY TAXES, USING ANY PAYMENT METHOD NEXUSTEK MAY HAVE ON RECORD FOR YOU. NexusTek may terminate a subscription at any time, and if NexusTek terminates a subscription before the end of its term, you will receive a prorated refund based on the time remaining in the subscription. NexusTek reserves the right to change subscription terms and prices from time to time, effective as of the beginning of the next subscription term.
1.6.1 Microsoft Subscriptions. For Microsoft Cloud subscriptions you understand that you are in turn bound to Microsoft’s Cloud Agreement: https://www.nexustek.com/microsoft-mca.
1.7 Continued Access. If you purchase a Third-Party Product that is hosted and maintained by the applicable third-party Provider, you acknowledge and agree that NexusTek does not guarantee that such Third-Party Product will be available or remain available to you, and NexusTek is not responsible for any downtime of such Third-Party Product.
1.8 All Sales Final; Accessing; Risk of Loss. All purchases of Third-Party Products are final. NexusTek does not accept returns of Third-Party Products unless indicated otherwise on the Third-Party Product detail page, receipt or invoice. Once you purchase a Third-Party Product and NexusTek or the Provider makes it available to you, you are responsible for downloading (if applicable) and confirming your ability to access the Third-Party Product, including retrieving the license key for the Third-Party Product, if applicable, and bearing all risk of loss after downloading, accessing, or using the Third-Party Product, including any loss due to a computer or hard drive malfunction.
1.9. Changes. NexusTek may modify, suspend or discontinue access to Third-Party Products at any time without notice or liability.