Welcome to WhitesandWorks.com. Whitesand Works, Inc. and its affiliates provide their services to you subject to the following notices, terms, and conditions. In addition, when you purchase or use any Whitesand Works, Inc. goods, services or data, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. Copyright All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Whitesand Works, Inc. or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Whitesand Works, Inc. and is protected by U.S. and international copyright laws. All software used on this site is the property of Whitesand Works, Inc. or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping or selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Trademarks "Whitesand Works", "Whitesand WebWorks", "Whitesand NetWorks", "Whitesand CampaignWorks", Whitesand POSWorks", "Whitesand FamilyWorks", "Child By Child", "MWorks!", "IT Just Works!" "Get The Works!", "How IT Works!", "How Business Works!", "POS Works!", "bFacet", their respecitve logos, and the Whitesand wave icon are trademarks of Whitesand Works, Inc., Whitesand NetWorks, Inc., and Whitesand WebWorks, Inc. in the United States and other countries. Whitesand's trademarks may not be used in connection with any product or service that is not Whitesand's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whitesand Works, Whitesand NetWorks, or Whitesand WebWorks. All other trademarks not owned by Whitesand or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Whitesand or its affiliates. Use of Site This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Whitesand Works, Inc.. Whitesand Works, Inc. and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Whitesand Works, Inc. believes that customer conduct violates applicable law or is harmful to the interests of Whitesand Works, Inc. and its affiliates. Disclaimer This site is provided by Whitesand Works, Inc. on an "AS IS" basis. Whitesand Works, Inc. makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Whitesand Works, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Whitesand Works, Inc. will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Applicable Law This site is created and controlled by Whitesand Works, Inc. in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. | | Payment of Services Customers acceptance of products or services indicates acceptance of these terms. These terms and conditions of this agreement apply to all sales made between parties. Customer accepts all responsibility to declare and pay any and all "USE TAX" on merchandise that has been received from out of state, and/or where the sales tax has not been charged or collected. All sales are final. Unless otherwise specified in writing, payment terms are COD (payment due upon completion of service). Customer agrees that Whitesand shall maintain an irrevocable security interest in all goods, services and data sold to Customer until all invoices for any goods, services or data that have been provided, as well as any prior goods, services or data which may have been provided to Customer, have been fully paid. Customer will advise Whitesand on demand as to the location of all goods, services or data in their possession. Customer agrees not to sell or assign, any goods, services or data that have been provided until those goods, services or data, as well as any prior goods, services or data which may have been provided, have been fully paid. Non-cash and non-COD sales are accepted only on the basis that all Customer principals personally guarantee payment of all invoices, bills and debts, and irrevocably waive their right to protest (stop payment) on any check, credit card, or any other form of payment. Whitesand shall not be bound by the terms of any Purchase Orders which are not consistent with the terms of sales contained herein, unless such terms are specifically accepted by the Whitesand in writing prior to acceptance of a Purchase Order. Orders are not subject to cancellation or changes without the prior agreement of Whitesand, and then only upon agreement to compensate Whitesand for any loss caused by cancellation or changes. Orders canceled prior to pickup or shipment are subject to a minimum restocking fee of 25%, and up to 100% when an order involves labor (i.e. custom built PCs, application development, etc.) or contains special order item(s). Customer agrees to pickup or accept delivery of all orders within two weeks of completion, else it is agreed that the order shall be considered canceled and subject to the 25%, up to 100% (when an order contains labor: i.e. custom built PCs, or special order items), restocking fee. Returned checks are subject to a $30 fee. Customer agrees that Whitesand may charge the Customer's credit card(s) in the event a payment made by check fails to clear, payment is not received within five days of the due date, or in the event an order is returned. If Customer fails to pay as agreed or otherwise defaults, Whitesand may exercise all rights of the Florida Commercial Code, or similar statutes in any State where the goods are taken. All unpaid invoices shall bear a late payment fee of $12.50 plus 1.5% per month interest. Customers failure to make timely payments may result in collection proceedings, revocation of credit, change in rates, repossession of any unpaid goods and / or termination of any sales agreements. Customer's services (i.e. web hosting, email hosting, etc.) may be suspended if payment is not received by the due date listed on the invoice. Customer agrees to pay any and all costs of collection including, but not limited to, attorney's fees, collection agencies, court costs, property recovery, and certified mailings, on all accounts past due 30 days. For any invoice 91 days past due, Whitesand may, without notice, sell, in any manner it deems appropriate, any goods, services (i.e. custom software), or data in its possession which have been repossessed, cancelled, or not delivered to Customer. Warranty and Non-Delivery Title and risk of loss or damages shall pass to the purchaser at FOB point. Claims for wrong shipments or damaged goods must be made within two days of receipt. Whitesand is not liable for delays in delivery and/or non-delivery, directly or indirectly attributable to, resulting from, or contributing to an event of Act of God, action by any government or quasi-governmental entity, fire, flood, insurrection, vandalism, riot, explosion, embargo, strikes whether legal or illegal, labor or work slowdown, technological failure or any condition beyond the control of Whitesand affecting production or delivery in any manner. Customer accepts all equipment and services without warranty of compatibility, and agrees that Whitesand shall not be held liable for any incidental or consequential damages (be they direct or indirect) resulting from the use, the inability to use, or the delay of receipt of any products and or services that have been ordered and or provided. |