Lindotiger Managed SMS Service
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Terms
Lindotiger is a consulting firm, the Customer, agrees as follows. IT projects are quoted based on hours consulting provided or noted as scope of work. Our normal rate for consulting and IT development is $100/ hour for offsite work and $250/hour for onsite work. We do have many levels of technicians that may be needed for a project that range from $75/hour to $1,000/hour. If an advanced-level technician is needed, Customer will be informed in advance, and Customer will agree in advance before project starts or new changes or updates are needed.
Lindotiger Reports will be turned into Customers via e-mail or electronic form. Customer agrees to pay Lindotiger for any equipment purchased & installed and agrees to pay Lindotiger for any time servicing and/or consulting. It is understood and agreed that hours labor are not refundable nor can be cancelled due to the fact that the hours were rendered. All down payments are non-refundable. Long-term projects may require monthly payments. Long-term projects may have a specific deposit required each month. Significant changes or new proposals will be billed accordingly. This contract must be paid in full to transfer product or service. Programming code is owned by Lindotiger.com and is intended to be used by Customer. Code can be purchased if Customer wishes and must be noted in contract. Software or project created and designed by Lindotiger is a software as a service business model, where agreement must be paid in full to be utilized by Customer unless otherwise noted in contract, or unless monthly installments are arranged and agreed to in advance. Monthly payments can be arranged or negotiated between Customer and Lindotiger as an option to use any software developed or updated. If monthly payments are missed, 53 days past due will evolve in an automatic immediate disconnection of the software that Customer is using until agreement is paid in full or until arrangements for payments are made with Lindotiger. Customer will be notified of potential disconnection in advance to make sure that proper steps are taken.
For non-payment of hosting services, disconnection occurs 10 days past due unless Customer arranges or notifies Lindotiger of delay in payment and this delay is approved by Lindotiger.
A $35.00 return check fee will be charged for all returned, stopped, or canceled checks. Customer agrees that no check shall be cancelled without prior written authorization. If Customer payment is made by credit card, Customer agrees to pay the total amount according to the card issuer agreement. If Customer bank does not honor Customer check or credit card, Lindotiger will use a third party collection agency to collect the payment, and Customer will be charged an applicable collection fee. Lindotiger also uses a third party payment processing service to verify and process your checks or payments electronically. Lindotiger does process checks electronically, and Customer agrees to this when signing Customer contract. The representative for Lindotiger is not liable for any future problems that Customer may incur by using Customer's computer. No warranty for on-site repairs due to no option of 24/48 hours for lab progressive testing. Any future problems and work will be billed accordingly. By signing the contract, Customer has the option to purchase extended warranty on equipment that was serviced.
All computer &/or part sales are FINAL, exchange only for the same or a more advanced product within 15 days of original purchase. We cannot exchange any product after 15 days of purchase. LINDOTIGER.COM will hold products until fully paid for. If Customer doesn’t pay or visa/check doesn’t clear within 30 days, a $35 and 1.5% late penalty fee on every 30 days will apply, products/parts/equipment will be sold to pay services, or bill will be turned over to a collection agency. Any equipment not claimed within 3 days after notification of completion will be charged a $1.50 per day storage fee, after 3 days of storage unless arranged different in writing with management, equipment will be recycled or sold to pay for services.
Customer is responsible for any fees Lindotiger incurs by collecting any debt through collection agencies, court costs or any other manner Lindotiger deems appropriate for collecting any debt. Returned checks require a fee of $35.
Data Backup
Our data backup services may be able to recover data files that have been created by you. We cannot be responsible for data loss / files that may be corrupted and or destroyed by viruses / spywares / hardware failure and or computer/equipment malfunction. We cannot back up the software programs that have been installed in your computer. For example, if you had Microsoft Office, Quicken, or Microsoft works installed in your computer, you will need the original disks to load these programs back into your computer. Unless noted is an optional service backing up systems.
Data Recovery
If you contracted services with the data recovery lab, we do offer consultation to look further into your data, if you need further assistance once data has been discovered. Lindotiger charges for the time spent in data recovery. If more time is needed, Customer has the option to hire Lindotiger for more work and or consulting. All time hours of labor perform and time spent consulting will be charged accordingly at normal service rates. Sometimes more work may be needed to recover files. If Customer does not find the files that Customer was looking for, a consultant can be hired to assist in finding any files. 2nd or 3rd level data recovery is also available. Please consult with Lindotiger about current rates on these services.
Pickup and Delivery
If you contact services for PC’s or servers that are brought to our facility, we require that you either pick them up or have them delivered to you within one(1) to three(3) days of repair completion or diagnostics. Once the diagnostics/service is completed we will notify you by phone. If you do not arrange for delivery or pickup of your PC, we will charge you a $5.00 per day storage fee. After a period of one (1) month we will not be responsible for your personal computer. In case of no payment, we do have the right to sell your PC to cover the repair charges. We do charge a delivery fee for the delivery of your computer to your home or office. Minimum diagnostics and estimate time is three (3) to eight (8) business days.
Extended Warranty Terms
Limited warranty with repairs and or sales includes 15 days for hardware only---. Repair time for all PC’s and servers can vary due to availability of parts. Software and Operating Systems are not covered under hardware warranty, but you can still purchase this option with our complete PC/Server Care Plan. This PC care plan can be transferred to another PC as long as we have been notified 30 days in advance via fax and in writing. We have the right to cancel the warranty plan at our option and you will not be refunded for the remaining time. Our warrant does not cover on-site repairs. Once this warranty has been signed and issued, it cannot be canceled or refunded. Service begins 30 days after the date of warranty purchase. Please ask about purchasing PC care plan warranty to your representative.
Governing Law and Equitable Relief.
This Agreement shall be governed and construed in accordance with the laws of the United States. All actions and legal proceedings, which relate in any way to this Agreement shall be solely and exclusively brought, heard, conducted, prosecuted, tried, and determined within the City of Sacramento, Sacramento County, California. It is the express intention of the Customer and Recipient that the exclusive venue of all legal actions and procedures of any nature whatsoever which relate in any way to this Agreement shall be either at the District Court Department or the Trial Court of Sacramento, California. The parties agree to waive their right to a trial by jury. The Customer consents to said courts having personal jurisdiction over the Customer in any action based on this Agreement. Recipient agrees that in the event of any breach or threatened breach by Recipient, Customer may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Customer against any such breach or threatened breach.
Final Agreement and Conflict with Future Agreements.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
If any term of clause of this Agreement conflicts with any term or clause of any other writing signed by the parties, and the other writing does not explicitly reference and explicitly supersede this Agreement, then the terms of this Agreement shall govern and control the actions and liabilities of the parties.
This Agreement may be modified in the future and publicly stated online.