Definitions and Interpretation
In these Conditions, the Rate Schedule and every Quote, Order, Plan Contract, or other arrangement in
connection with the supply of Goods or Service by Tekconnekt LLC. the following words
have the following meanings:
“After Hours” means from 18:00 – 08:00 hours Monday to Saturday and all day Sunday, including
Public Holidays;
“Business Hours” means from 8:00 to 18:00 hours Monday to Saturday excluding Public Holidays;
“Client”, “You”, “Your” means a person who seeks or obtains a Quote for, or who orders, Good or
Services from Us, and includes both a person whose name is on the Order or on an email attached to
which is an Order, a person who places an Order, and a person on whose behalf an Order is placed or
on whose behalf it appears an Order is placed, and in any case each of their heirs, successors and
assigns;
“Conditions” means these terms and conditions;
“Goods” means any goods and/or services sourced by Us or provided by Us in connection with any
such goods and/or services including computer hardware and Software and any goods or services
provided in connection with any of those things;
“Order” means any order requested by You to Us for Goods or Services in any form;
“Quote” means a quote provide to You by Us;
“Period” means a particular number of half-days, days, weeks, fortnights, months, or any other period,
as may be agreed between Us and the You as the period during which some Services will be provided.
“Plan” means any arrangement between Us and You (whether alone or in conjunction with any other
person) for Services (including unlimited support) and/or the provision of Goods provided by Us under
an arrangement in connection with Work agreed to be done or progressed for or on behalf of You or
any other person at Your request, including as set out in a Plan Schedule;
“Plan Schedule” means the key terms applicable to Plans as set, and as may be varied by Us, from time
to time in its absolute discretion without notice to You;
“Public Holidays” means any day which is a public holiday throughout New Jersey other than a bank
holiday;
“Rates” means the hourly rates and other charges for Services (including any call-out fees and any
Return/Cancellation Fees) set out in the Rates Schedule, a Plan, Plan Schedule, Quote, contract or
arrangement entered into by Us and You or in these Conditions, and includes any moneys payable to
Us on a quantum merit basis for any work it has done;
“Rate Schedule” means the schedule of rates, charges and conditions for the services of Ours as set,
and as may be varied, by Us from time to time in its absolute discretion without notice to You;
“Reasonable Assistance Limits” has the meaning set out in clause 17.2;
“Return/Cancellation Fee” means a fee charged pursuant to clause 12.5 as set by Us from time to time;

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
“Service Request” means a request for services such as adds, moves, change, and technical assistance;
“Services” means the provision of any services by Us including Work, advice, and recommendations;
“Software” includes software and any installation, update, associated software and any services
provided in connection with any of these things;
“Us”, “Our”, “We,” “Company” means Hartmann Industries, LLC. and its heirs, successors, and
assigns; and
“Work” means anything We may do, provide, customize, produce or acquire, whether or not in
connection with, or for the purposes of, You or Your use or benefit, and includes testing,
troubleshooting, installation, and configuration of new equipment or software, consulting, scoping,
planning, documenting, and quoting for complex items.
In these Conditions, the Rate Schedule and every Quote, Order, Plan, contract, or other arrangement in
connection with the supply of Goods or Services by Us, unless the contrary intention appears:
Words denoting the singular number shall include the plural number and vice versa;
Reference to any gender shall include every other gender;
Reference to any Act of Congress, Statute, or Regulation shall include any amendment currently in
force at the relevant time and any Act of Congress, Statue, or Regulation enacted or passed in
substitution therefore;
Headings and words put in bold are for convenience of reference only and do not affect the
interpretation or construction of these Conditions;
All references to dollars ($) are to United States Dollars;
A reference to time is to New York, United States time;
A reference to an individual or person includes a corporation, partnership, joint venture, association,
authority, trust, state, or government and vice versa;
A reference to a recital, clause, schedule, annexure, or exhibit is to a recital, clause, schedule,
annexure, or exhibit of or to these Conditions;
A recital, schedule, annexure or description of the parties forms part of these Conditions;
A reference to any agreement or document is to that agreement or document (and, where applicable,
any of its provisions), as amended, novated, supplemented, or replaced from time to time;
Where an expression is defined, another part of speech or grammatical form of that expression has a
corresponding meaning;
A reference to “includes” means includes without limitation;
A reference to “will” imports a condition not a warranty; and
A reference to bankruptcy or winding up includes bankruptcy, winding up, liquidation, dissolution,

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
becoming an insolvent under administration, being subject to administration and the occurrence of
anything analogous or having a substantially similar effect to any of those conditions or matters under
the law of any applicable jurisdiction and to the procedures, circumstances, and events which
constitute any of those conditions or matters.
2. Applications of These Conditions
Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and are
applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order,
Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to
You.
3. Commitment Term
a. The minimum term that You acquire the service for is outlined in Our Quote to You, beginning
from the first of the next month after the date of signing or approving the Quote.
b. After the expiry of the Committed Term, an extension of the Term will automatically
commence for the same period as the original Committed Term and will continue indefinitely,
unless earlier terminated by you as specified in Section 4.
4. Termination
a. This Agreement may by terminated by You upon thirty (30) days written notice if We:
a. Fail to fulfill in any material respect its obligations under this Agreement and do not
cure such failure within thirty (30) days of receipt of such written notice.
b. Breach any material term or condition of this Agreement and fail to remedy such
breach within thirty (30) days of receipt of such written notice.
c. Terminate or suspend our business operations, unless it is succeeded by a permitted
assignee under this Agreement.
b. This Agreement may be terminated by Us upon fourteen (14) days written notice to you.
c. If either party terminates this Agreement, we will assist you in the orderly termination of
services, including timely transfer of services to another designated provider. You agree to pay
us for rendering such assistance at the rate specified in Your notice of termination. If no special
rate is specified, You agree to pay us for rendering such assistance at our normal rates as
outlined in our current Rate Schedule.
d. Should You wish to terminate this Agreement before the end of the commitment term, You
agree to pay all of the remaining payments up until the end of the commitment term.
5. Representations
You acknowledge that no employee or agent of Ours has any right to make any representation,
warranty, or promise in relation to the supply of Goods or Services other than subject to and as may be
contained in the Conditions.
6. Notices
Any notices given under the Conditions shall be in writing and sent by e-mail to the last notified e-mail
address of Yours.
7. Governing Law
The Conditions shall be governed by and construed in accordance with the laws of Minnesota and the
parties submit to the non-exclusive jurisdiction of the Courts of Minnesota.
8. Assignment
You may not assign Your rights and obligations under this Agreement without the prior written consent

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
of Us.
9. Variation of These Terms and Conditions
We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions
on Our website or providing such notice to you as per Clause 6.1. You accept that by doing this, We
have provided You with sufficient notice of the variation. We are under no other obligation to notify
You of any variation to these terms and conditions.
10. Goods and Services
a. Quotes
1. Quotes will only be valid for 30 days unless other specified in the Quote. A quote is
merely an invitation to You to place an Order with Us and the acceptance of a Quote
by You will not create a binding contract between You and Us.
2. Expiry dates on quotes are set to be able to inform Us when the Quote is still active or
to be discarded. Once discarded the Quote will need to be requested again.
3. Once a Quote has been confirmed by Us, then the prices in the Quote will be
confirmed as the final agreed price. A Quote is confirmed as “final” as soon as both
parties agree with the final price after any last changes requested by You.
4. The price in the final Quote may vary from the original request if there is any price or
product changes requested by You. We reserve the right to alter the product and prices
in the Quote, as long as the Quote has not been confirmed with You.
5. Quotes and estimates shall be deemed to correctly interpret the original specifications
and are based on the cost at the time of the Quote or estimate is given. If You later
require any changes to the Quotes, and We agree to the changes, these changes will be
charged at Our prevailing rate.
6. Once the Quote has been confirmed and converted to an Order, the Order will be
subjected to our normal Terms and Condition of Sale.
7. The general minimum turnaround time for Quote request to be actioned is usually 24
hours. In the event that a quote is required urgently please let us know so that we can
respond to it accordingly.
8. When a special price or discount offer has been applied to this Quote, no other special
promotion, discount, or bonus offer will be applicable.
9. In the event that products in the Quote are subject to any price and supply fluctuations
that is outside of Our control, We reserve the right to update the price and product in
the Quote accordingly. If a product has undergone a price drop or a price increase, the
Quote will then be adjusted accordingly. If there is a product that is no longer
available, the product will then be replaced or substituted based on Your request and is
subject to Your final approval.
10. Price on non-stocked products are subjected to Price and stock fluctuations and can
only be confirmed once the Quote is turned into an Order. While We endeavor to honor
every price quoted, if there is a price increase that is beyond our control, We reserve
the right to increase the price as necessary.
11. Once a Quote has already passed the expired date, We may cancel the quote or
estimate without having to notify or receive an approval from You.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
12. ETA information is based on an estimate given by our vendors and cannot be held as
the actual promised date.
13. Freight charges will be added to the Order unless otherwise stated. Any included
delivery charges are estimated only.
14. We do not keep inventory and as such only order items once we receive a completed
order from a client. If You would like to return an item or cancel an order, a restocking
fee may apply. We will need to get approval from the distributor that the stock is
returnable before being able to issue a refund as not all products can be returned.
15. Prices are based upon total Quote Purchase.
16. Unless specified, all items on Quote are covered by manufacturer’s warranty covering
parts and labor for hardware only on a return to depot basis.
17. Varying or withdrawing Quotes: We may vary or withdraw a Quote at any time in Our
absolute discretion and without prior notice to You. We may do so for any reason We
consider fit, including but not limited to, where the Goods or Services become
unavailable or the cost price of Goods or Services increases after the date of the Quote.
b. Orders
1. Order Forms: you may place an Order for Goods and/or Services with Us. Normally,
We will require that You provide either a completed Order form or You approve the
Quote electronically via either an email or web based system with the date and Your
details, including Your full legal name, any any applicable government identification
number, Your Address together with any relevant Quote number and date.
2. Approval of Orders: You will need to sign the Order or have it duly executed on Your
behalf, unless the Order is sent by email or via the web-based ordering system, in
which case the Order will be treated or deemed as if signed by or on behalf of You by
the person whose name appears as the sender of the email or submitter of the form.
3. Reliance on Appearance of Validity: Absent actual knowledge to the contrary, We may
rely upon the apparent validity of an Order. If any Order is signed or sent by email or
approved through the web-based ordering system by a named person, that person
warrants that the Order is, and it is acknowledged the Order is deemed in favor of Us
to be:
a. signed by, and duly authorized by, both the person who signed the Order and
the person who sent the email; and
b. duly authorized by the person on whose behalf the Order is placed or
apparently placed.
4. Acceptance of Orders: An Order has no effect unless or until it is accepted by You in
writing and, until We have received from You payment in clear funds for the Order and
any related freight, delivery, and (where applicable) in-transit insurance costs in clear
funds.
5. No Obligation to Deliver: We are not obligated to deliver any Order until we have
received payment in clear funds from You for the Order, any related freight, delivery,
and (where applicable) in-transit insurance costs or where We are unwilling or unable
to complete the Order for any reason provided it refunds any payment made by You in

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
respect of the Order.
6. Credit Checks: For the purposes of ascertaining the credit standing or history of a
prospective customer to whom We are considering extended credit or payment terms,
You are hereby consents to Us undertaking a credit reference check in respect to You.
7. Cancellation of Orders: You will not cancel an Order unless We agree to do so in
writing in Our absolute discretion. You acknowledge that, amongst other things, We
cannot cancel an Order once the manufacturer or supplier has dispatched the relevant
Goods and that such dispatch often occurs the same day as the Order is placed by Us.
8. Processes and Procedures: We have processes and procedures that We follow in the
course of the provision of Our Services and the supply of Goods. You agree to cooperate with Us and to comply with such processes and procedures as advised to You
from time to time.
c. Pricing and Rates
1. Rates Exclude Tax: All rates and amounts charged or quoted for Goods and/or Services
by Us are exclusive of Tax and any other applicable taxes or government charges
(unless otherwise stated in writing by Us).
2. Rates Schedule: You must pay for Goods and Services at the Rates set out in any
applicable Plan and the Rate Schedule as applicable from time to time during the
provision of the Goods and/or Services.
3. Vary Rates: We reserve the right to vary any Rate and/or the Rate Schedule from time
to time (subject to any fixed pricing for specific periods in any Plan), in its absolute
discretion and without notice to You.
4. Call-Out Fees: You acknowledge that call-out fees may be charged in addition to the
Rates at Our absolute discretion and that the amount of the call-out fee will depend
upon where the Services are provided.
5. Return/Cancellation Fee: Where We arrange a return or refund on behalf of You, or
where an Order is cancelled by You after acceptance by Us, We may charge You a
Return/Cancellation Fee to cover the administration costs to Us in processing the
return or refund, or in processing the Order, the cancellation, and any refund. We may
deduct the Return/Cancellation fee from out of any moneys otherwise due to be
refunded to You by Us.
6. Expenses: You must pay any out-of-pocket expenses incurred by Us in providing the
Services to You in addition to the Rates, charges, and call-out fees, upon written
demand. Such expenses will include travel costs, flights, car hire, petrol, insurance,
taxi fares, accommodation and related meal allowance, tolls, and car parking expenses.
Where appropriate, We will obtain prior written authorization from You before such
expenses are incurred.
7. Separate Charges for Goods and Services: We may in Our absolute discretion charge
for Goods separately from Services or may charge for Goods and Services together.
8. Calculation of Increments: Where a charge is calculated based on increments of time,
e.g. 1 hour or 30 minutes, We will charge the applicable rate for the whole increment
of time even if work is done during part of, but not for the whole of, that increment of

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
time.
9. Change in Underlying Costs: Without prejudice to any other rights of Ours under these
Conditions, where there is an increase in underlying costs incurred by Us in
connection with the supply of Goods or Services to You, We may, in our absolute
discretion, vary any of Our Rates.
10. Pre-Paid Blocks of Service: Where You agree to buy Pre-Paid Blocks of Service
during a Period, payment must be made in advanced for the Pre-Paid Blocks of Service
at the rate applicable pursuant to the Rates Schedule for all Services. Each such rate
being less any discount agreed in writing between Us and You in respect of the PrePaid Blocks of Service. Services included in a Pre-Paid Block of Service rate during
the Period:
a. are calculated in accordance with the applicable minimum time periods and
increments set out in the Rates Schedule; and
b. are only provided by Us during the applicable period.
Where Services are provided for a specified Period:
1. the Services remaining unused for that Period cannot be rolled over
into any subsequent Period; and
2. We are not liable to refund, reimburse, pay damages, or otherwise
compensate or indemnify You in respect of those unused Services.
d. Services and Plans
1. Services and Plan Variations: Currently, We offer the Services and Plans referred to in
the Rates Schedule and any Plan Schedule. We may withdraw the provision of, or vary
the scope or terms of, or add to or change, the Services without notice to You, from
time to time in Our absolute discretion.
2. Copies on Request: We will provide You with a copy of the current Rates Schedule
upon request. Plan Schedules are tailored for particular Plans are are available to
Clients participating in the Plan.
e. Contracting
1. We may subcontract any or all of the Services to be performed, but shall retain prime
responsibility for the Services under these terms.
f. Delivery, Title, and Risk
1. Delivery Liability: We will use all reasonable endeavors to dispatch Goods by the due
date, but do not accept any liability for non-delivery or failure to deliver on time where
this is caused by circumstances beyond the reasonable control of Ours, including, for
example, due to failures in supply to Us or delays caused by third parties, such as
delivery companies or manufacturers.
2. Availability to Accept Delivery: You must be available to accept the Goods at Your
nominated delivery address during Business Hours unless otherwise arranged.
3. Passing of Risk: Delivery is deemed to take place when the Goods are delivered to
Your nominated address, whereupon risks of loss, breakage, and all damage and all
other risks pass to You. Nothing in this Clause 15.3 will affect title to the Goods.
4. Obligation to Insure: You will ensure that Goods are adequately insured from the time
of delivery under Clause 15.3.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
5. Retention of Title: Until We receive full payment in cleared funds for any moneys due
to Us by You on any account or for any reason:
a. title to, and property in, Goods supplied to You remain vested in Us and does
not pass to you;
b. You must hold those Goods as fiduciary bailee and agent for Us and must not
sell them;
c. You must keep those Goods separate from other goods and maintain the Goods
and their labelling and packaging intact;
d. Where You sell the goods in breach of these Conditions, You are required to
hold the proceeds of any sale of those Goods on trust for Us in a separate
account (however any failure to do so will not affect Your obligation to deal
with the proceeds as trustee and remit them to Us);
e. We may, without prior notice, enter into any premises where We suspect those
Goods may be, take possession of those Goods and sever and remove those
Goods (notwithstanding that they may have been attached other goods not the
property of Ours) and for this purpose, You hereby irrevocably authorize and
direct Us (and our Employees and agents) to enter into such premises as its
duly authorized agent and You hereby indemnify and hold harmless Us from
and against any costs, claims, allegations, demands, damages or expenses, or
any other acts or omissions arising from or in connection with, such entry,
repossession or removal.
f. You irrevocably appoint Us as Your attorney to do anything We consider
necessary in order to enter such premises and repossess the Goods as
contemplated by this Clause 15.5.
g. Returns and Claims for Goods and Services
1. General Returns Policy: Notwithstanding anything in these Conditions, You
acknowledge that We supply Goods subject to all applicable conditions, including
returns and claims policies, of any relevant manufacturer or supplier. You will accept
Goods subject always to these Conditions and the terms of such conditions will
indemnify and hold Us harmless in respect of any further or other obligation or any
failure or default on the part of that manufacturer or supplier.
2. Customized Goods Not Returnable: Where Goods have some element of
customization for You, are supplied pursuant to an Order for Goods that is in the
opinion of Ours special or unusual, the Goods are obtained from overseas, the Goods
are obtained from a supplier who is no longer trading, or the Goods are otherwise not
readily returnable by Us to the manufacturer or supplier or any related services may
not be cancelled, You may not return the Goods to Us or cancel the related services.
3. Duty to Inspect: You will inspect all Goods immediately upon their delivery. Within 7
days of such delivery, You may give written notice to Us of any matter or thing, by
reason of which You might wish to return the Goods, ask for a refund, or make claim.
If no such notice is given on time, You will accept the Goods without any such return,
refund, or claim.
4. Return Conditions: Where You are entitled to return Goods under these Conditions,
You must return the Goods in their original condition and unopened, provided always
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4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
that where, upon opening the packaging it becomes apparent that the Goods are
different to what is described on the packaging or that the Goods are faulty, the Goods
may be returned.
5. Return Costs: You will pay all costs and expenses incurred by Us in arranging the
return of the Goods to a manufacturer or supplier and/or the cancellation of any related
services unless that manufacturer or supplier pays such costs.
6. Consequences of Use, Installation, Customization, or Sale: You will indemnify and
hold Us harmless in respect of all allegations and claims in respect of Goods once such
Goods have been used, installed, customized, or re-sold by You (without prejudice to
the recourse of such a customer to the manufacturer of the Goods).
h. Computer Utility, Functionality, and Fitness for Purpose
1. Service Limitations Given the Science of Computing: You acknowledge that a
reasonable incident of the Services may involve trial and error and that it is a science
applied often in novel or unknown circumstances and involving experience. In
particular, You acknowledge that the Services may involve tests, troubleshooting,
advice, and recommendations that may prove incorrect or inappropriate, particularly in
attempt to cure a problem You are having. While We will make what We consider (in
Our absolute best discretion) to be all reasonable endeavors to provide appropriate
tests, troubleshooting, sound advice, and good recommendations in order to assist You,
You will always indemnify and hold Us harmless in the provision of our Services to
You.
2. Reasonable Assistance Limits: We are only obliged to provide what We consider, in
Our absolute discretion, to be reasonable assistance in the circumstances (including
with the installation and customization of new software or hardware for You or any
other Work) under any Plan and You will pay for additional work at the Rates unless
otherwise agreed. Without limiting the discretion of Us to determine what reasonable
assistance is, normally, reasonable assistance is limited to work done during Business
Hours over a period of time not exceeding any period that We have allowed or allows
for the Work or has been estimated or estimates the Work will take, whether or not
notice of the time allowed or estimated is given by Us to You.
3. Recommendations, Suitability, Functionality, and Fitness for Purpose: The parties
acknowledge that:
a. We may recommend that You purchase Goods provided by third parties from
time to time;
b. Recommendations may be made in situations where You have made known to
Us the purpose for which the Goods will be used or some function sought to be
fulfilled;
c. You acknowledge that We have no control over many factors involved with the
suitability, function, or fitness for purpose of Goods in an existing or new
computer environment, e.g.
1. the compatibility or ability of the Goods to fit into or perform to
expectations in the receiving computer/internet environment; or
2. the behavior of third-party supplier, e.g. in relation to support;
d. You acknowledge that for a whole number of reasons outside of Our control,
the Goods may fail to meet Your expectations, may not turn out to be a fit for

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
all or any of the purposes sought, may not be suitable or may not function
properly in all or any respects;
e. You acknowledge that the Services provided by Us may involve the very task
of seeking to customize Goods so they may be fit for particular purposes and
that customization may be a very substantial project in itself;
f. Accordingly You will accept the sole responsibility for, and indemnify and
hold Us harmless in respect of:
1. decisions as to whether or not to follow recommendations by Us;
2. decisions as to whether or not purchase or customize Goods or obtain
Services for that or any other purpose; and
3. any failure or defect in sustainability, function, or fitness for purpose
of any Goods and/or Services, including a responsibility to obtain Your
own independent advice or second opinion from a suitably qualified
person;
g. Where We provide Services with a view to achieving Your purposes,
suitability, function, or fitness for purpose (whether expressed, agreed, or
otherwise), You must pay for those Services on time without any set-off or
counter-claim, whether or not We are able to achieve any of such purposes,
sustainability, function, or fitness for purpose, provided always that We have
acted in good faith and have made what We consider, in Our absolute
discretion, to have made all reasonable endeavors to achieve those outcomes.
4. Testing Procedures: You will follow the instructions of Ours with regard to testing or
troubleshooting any problems and that if those do not resolve the outstanding
problems, We will, subject to these Conditions, allocate such resources as We consider
reasonable in the circumstances towards their resolution.
i. Force Majeure
1. Force Majeure: If We are unable to supply any Goods or Services due to circumstances
beyond Our reasonable control, We may cancel the Order (even if the Order has
already been accepted) or cease to provide the Services by written notice to You, in
which case You will hold Us harmless.
2. We will not be liable for any breach of contract due to any matter or thing beyond Our
control, including failures by third parties to supply goods, services or transport,
stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs,
work stoppages, wars, riots or civil commotion, intervention or public authority,
explosion or accident.
j. Product Specifications
1. Alterations to Specifications: We make every effort to supply the Goods in accordance
with the Order however We may supply alternate Goods subject to minor variations in
actual dimensions and specifications where these are changed by the manufacturer of
the Goods after the Order date and before delivery.
2. Substitute Goods: If We cannot supply the Goods ordered by You, We may supply
alternate Goods of equal or superior quality provided however that You will not pay a
higher price than the price Quoted or otherwise agreed for the Goods ordered.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
k. Warranties
1. Reliance on Manufacturer’s Warranty: You will rely on the warranties provided by the
manufacturer of Goods supplied by Us (where applicable) and will deal direct with
such manufacturer rather than Us for all claims covered by such warranties.
2. No Claim for Manufacturer’s Default: You indemnify and hold Us harmless in respect
of the performance or otherwise, by any manufacturer of Goods supplied to You by
Us, of any of the obligations of such manufacturer in respect of such Goods. This
includes any damages or moneys due to You arising under, or in connection with, any
breach by the manufacturer of any the manufacturer’s warranties in respect of the
Goods.
l. Liability
1. Exclusion: Except as specifically set out herein and so far as may be permitted by law,
any term, condition, or warranty in respect of the quality, fitness for purpose,
condition, description, assembly, manufacture, design or performance of the Goods or
Services, whether implied by statute, common law, trade usage, custom or otherwise,
is hereby expressly excluded.
2. No Liability for Program or Data Loss: You indemnify and hold Us harmless in respect
of any allegation, claim, loss, or express of Yours or any third party for any program or
data loss or damage suffered by You or that third party arising directly or indirectly
from the supply of the Goods or Services by US to You. You acknowledge You are
solely responsible for backing up Your programs and data in order to mitigate Your
own potential loss of programs and data.
3. Limit on Consequential Damage: You indemnify and hold Us harmless in respect of
any allegation or claim as to any indirect or consequential losses or expenses suffered
by You or any third party, howsoever caused, including but not limited to loss of
turnover, profits, business or goodwill, or any liability to You or any third party.
4. Limit on Damage from a Failure in Supply: You indemnify and hold Us harmless for
any allegation or claim for loss or damage by You or a third party where We have
failed to meet any delivery date or cancels or suspends the supply of Goods or
Services.
5. General Limit on Liability: Except as otherwise expressly stated in these terms and
conditions, We are not liable for any loss or damage of any kind however caused
(including, but not limited to, by the negligence of Us) which is suffered or incurred by
You in connection with:
a. Goods or Services provided to You or any Work;
b. these Terms and Conditions;
c. Your use of Our website (including the use of a credit card or other debit
device) or any linked website;
d. the non-availability of Goods or Our Services for any reason;
e. any act or omission of Ours or the provision of inaccurate, incomplete, or
incorrect information by You, or
f. for any other reason whatsoever.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
6. Limitation Options: To the extent that any legislation implies a condition or warranty
that cannot be excluded but can be limited, clause 21.5 does not apply to that liability
and Our liability for any breach of that condition or warranty is limited to Our doing
any one or more of the following (at its election):
a. replacing the Goods or supplying equivalent Goods, Services, or Work;
b. repairing the Goods or the Work;
c. paying the cost of replacing the Goods or the Work or acquiring equivalent
Goods, Services, or Work; or
d. paying the cost of having the Goods or the Work repaired.
7. Laws Still Apply: Nothing in these Conditions is to be interpreted as excluding,
restricting, or modifying or having the effect of excluding, restricting, or modifying the
application of any State or Federal legislation applicable to the supply of the Goods or
Services which cannot be excluded, restricted, or modified.
8. Severance: If any provision contained in the Conditions is unlawful, invalid, or
unenforceable, those provisions may be severed without prejudice to the validity and
enforceability of the remaining provisions of the Conditions.
m. Errors and Omissions
1. We make every effort to ensure that all prices and descriptions quoted are correct and
accurate. In the case of an error or omission, We may rescind the affected contract by
written notice to You, notwithstanding that We have already accepted Your order
and/or received payment from You. Our liability in that event will be limited to the
return of any money You have paid in respect of the Order.
11. Our Responsibilities
a. Privacy Statement and Your Rights
1. We are collecting Your personal information for the fulfillment of Quotes, Orders, and
the provision of Goods or Services to you and it may retain and use it for any such
purposes (“Authorized Purposes”).
2. You are required to provide your personal information to Us for Authorized Purposes.
3. We may disclose Your personal information to other persons for the purpose of the
fulfillment of Quotes, Orders, and Work for You or in order to provide Goods or
Services to You, to verify the information that You provide, for inquires about Good or
Services that may be suitable for Your purposes, or to confirm Your requirements, to
anyone proposing to supply Goods or Services to You, or to acquire Goods or Services
on Your behalf, or in respect of inquires relating to any of the foregoing.
4. Otherwise We will not disclose your personal information without Your consent unless
authorized by law.
5. Your personal information will be held by Us at Our Principal Place of Business and
You can contact Us to request to access or correct it.
6. We rely on You to submit correct information and details where requested. You accept
that You may incur additional expenses if You submit incorrect information.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
12. Our Website
a. We make no representation or warranties in relation to information available on Our website,
including without limitation:
1. that the information on Our website is complete or correct;
2. that Our website will be continuously available or free from any delay in operation or
transmission, virus, communications failure, internet access difficulties, or malfunction
in hardware or software; and that We endorse any internet site linked to Our website or
any third party products or services referred to on Our website.
13. Your Responsibilities
a. Lodging of Service Requests
1. In order for Us to provide You with the agreed Service, You agree to follow Our
process for lodging of Service Requests as outlined in Appendix A.
b. Access to Systems, Sites, and People
a. In order to provide You with the agreed Service, You agree to give Us access to
various items of Yours including but not limited to, equipment, people, and sites as and
when required.
b. You agree to allow Us to install software on Your equipment that allows Our
technicians to access Your systems at any time. This software allows Us to view
system statuses, send monitoring information, see users’ desktops, and control Your
PC’s. This may require that devices are left on overnight or weekends.
14. Third Party Authorizations
a. At times We may need to contact Your third party provides on Your behalf, such as Your
internet provider. Some of these provides may require Your authorization for Us to deal on
Your behalf. It is Your responsibility to ensure that We are able to deal freely with these
providers.
15. Payment, Late Payment, and Default
a. Payment Due Date: All invoices issue to You are due and payable to Us within the terms stated
on the invoice (unless otherwise agreed in writing) by cash, credit card, or direct deposit in
accordance with these Terms and Conditions and in the way set out in the invoice.
b. 7 Days Late: Where You fail to pay an invoice within seven (7) days of the due date, We may,
in Our absolute discretion and without prior notice, suspend, or discontinue the supply of
Goods and/or Services to You.
c. Recoveries: All legal and other costs and expenses incurred in connection with the recovery of
late payments will be added to the amount due by You to Us and will be recoverable from You,
in addition to the original invoice cost. If You default in payment of any invoice on time,
moneys which would have become due by You at a later date shall be immediately due and
payable without further notice to You. Collectively, all these moneys are referred to in these
Conditions as a “Sum Due”.
d. Interest: If payment of any Sum Due is not made on time, We will charge interest daily on the
Sum Due at a rate of 2%, calculated and charged daily on and from the due date until the Sum
Due is paid in full.
e. Application of Funds: All payments of the Sum Due made by You to Us will be applied as
follows:
1. first in or towards payment of any costs (including legal costs), charges, expenses, or

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
outgoings paid by Us in relation to any dishonored check fees, collection costs, or any
other action taken by Us for the recovery of any amounts owing by You to Us;
2. secondly, in or towards payment of any interest due or payable hereunder, and
3. thirdly, in or towards payment of Your debts to Us in order from the longest standing
due to the most recently incurred.
f. Security: We may require You to provide security over Your property (including the Goods or
any other property of Yours) as collateral to be held as security for any Sum Due or as a
condition precedent to the continuation of supply of Goods or Services by Us to You.
g. Payment Arrangements: In the event that a repayment arrangement is made in relation to any
Sum Due and the supply of Goods or Services is resumed, but then a repayment due under that
arrangement is not made on time, We may, in Our absolute discretion and without prior notice,
again suspend or discontinue the supply of Goods or Services to You.
h. Power of Attorney: You hereby irrevocably appoint Us as Your attorney to do anything We
consider fit for the recovery of the Sum Due or the creation, perfection, or enforcement of any
collateral held or to be held as security for any Sum Due.
i. Other Remedies: We may exercise any of Our rights and remedies including taking legal action
against You for the recovery of any moneys due to Us, notwithstanding it may have exercised
other rights under these Conditions.
16. Non-Solicitation of Clients, Employees, and Vendors
a. You agree that employees are one of Our most valuable assets, policy and professional ethics
require that Our employees not seek employment with, or be offered employment by You
during the course of engagement and for a period of two (2) years thereafter (or the maximum
amount permissible by a Court).
b. You agree that Our damages resulting from breach of this clause 30.1 would be impracticable
and that it would be extremely difficult for Us to ascertain the actual amount of damages.
Therefore, in the event You violate this provision, You agree to immediately pay Us 100% of
the employee’s total annual salary, as liquidated damages and We shall have the option to
terminate this Agreement without further notice or liability to You. The amount of liquidated
damages reflected herein is not intended as a penalty and is reasonably calculated baed upon
the projected costs We would incur to identify, recruit, hire, and train suitable replacements for
such personnel.
c. In the event of Your notice of termination by Us, You agree not to seek access to accounts or
licenses provided by Our channel-based vendors. You understand that the software license
agreements and partnership agreements between Us and Our channel-based vendors do not
permit direct end-user license purchasing or access to billing, administrative, or configuration
portals.
d. Any attempt to solicit access to Our vendor accounts without prior written authorization from
Us will result in the immediate termination of this Agreement with a penalty to be assessed by
Us in the fair amount of damages accrued by Your unauthorized access to Our vendors.
17. Software
a. All Software licenses are the responsibility of You and not that of Us. It is the duty of Yours to
store all licenses for all Software used, so that they can be reproduced if and when required.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
This includes all Software installed by Us.
b. You indemnify and hold Us harmless against any claim, allegation, loss, damage, or expense
arising directly or indirectly from:
1. any authorized Software use by You;
2. any breach of any Software license in respect of Software provided to US by You to be
installed on one of Your computers;
3. otherwise as a result of Us installing Software at Your where You are not authorized to
use the Software; and
4. any problem, defect, or malfunction associated with any Software (or related services)
supplied by third parties.
c. All copyright in custom software remains the sole property of Ours unless alternative
arrangements are made as part of a separate software agreement.
18. Copyright and Confidentiality
a. Warranty and Breach: You warrant that any conditional or copyright information or intellectual
property (of any kind and in any form held) or provided by You to Us belongs to You. In the
event of any breach of this warranty, You will pay all sums due to Us as if such warranty had
not been breached (and regardless of any non-performance of any obligation by Us on account
of or in connection with the breach of such warranty). You indemnify and hold Us harmless in
respect of any allegations, claims, loss, costs, or expenses in connection with such breach of
warranty by You.
b. Retention of Title: All copyright and other intellectual property rights in any Work created,
commissioned, or acquired by Us in the course of the supply of Services by Us to You will be
the exclusive property of Ours unless otherwise agreed in writing by Us and You.
c. Confidential Information: We acknowledge that in the course of providing Services to You, We
may learn from You certain non-public personal and otherwise confidential information
relating to You, including Your customers, consumers, or employees. We shall regard any and
all information We receive which in any way relates or pertains to You, including Your
customers, consumers, or employees as confidential.
d. You also acknowledge that all information and services, consulting techniques, proposals, and
documents disclosed by Us or which comes to Our attention during the course of business and
provided under this agreement constitute valuable assets of, and confidential and/or proprietary
information to Us.
e. As such, both parties shall take all commercially reasonable steps to not disclose, reveal, copy,
sell, transfer, assign, or distribute any part or parts of such information in any form, to any
person or entity, or permit any of its employees, agents, or representatives to do so for any
purpose except unless permitted in writing by the disclosing party or as required by applicable
law.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
APPENDIX A
Service Request Lodgement Process
When you contact us to ledge a service request only the method below must be used:
Phone: +1 9522135595
Email: support@Tekconnekt.com
Include a short description of the problem and any screenshots of errors to assist in the resolution of the issue.
If the issue is being lodged by either phone or external email, you must include your name, company, and
return contact details.
Service requests must not be lodged directly with technicians or account managers, as this detracts them from
resolving the current issue.
Service Requests Outside of Our Business Hours
Service Requests that must be addressed outside of business hours must be lodged by phone (charges apply for
after hours work). If not, the Service Request will be viewed on Our next Business Day.

4517 Minnetonka BLVD, St Louis Park, MN, 55416, USA
APPENDIX B
Response Time Objective Exclusion List
We cannot provide any guarantee of response times and resolution times in the following circumstances:
1. Additions, moves, or changes to: users, devices, configurations, or network
2. Issues lodged in any other manner than specified in this Agreement
3. Items caused by hardware or software not meeting our minimum standards
4. Service requests related to Software not on our approved software lists
5. Service requests for issues that have been caused by You not acting on previously provided advice or
recommendations given by Us
6. Service requests for issues caused by You or third parties modifying any hardware or software
configuration
7. Service requests for issues related to user-initiated viruses and malware infections
8. Service requests for issues involving the sourcing of hardware/software