Your submission of a new account application or any subsequent changes to your account information indicates your acceptance of these Terms and Conditions and that these Terms and Conditions shall take precedence over any other terms or conditions included with any purchase order or request for quotation, whether or not such terms or conditions are affirmed or deemed affirmed by New Concept Technologies.
Unless otherwise indicated, all products and services available for order through New Concept Technologies website. Product specifications are subject to change without notice.
EXCEPT AS EXPRESSLY STATED HEREIN, NEW CONCEPT TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, NEW CONCEPT TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF NEW CONCEPT TECHNOLOGIES (NCT)ARISING FROM ANY PRODUCT SOLD BY US SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL NCT, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD.
You agree that in the event a purchase order, request for quotation or any other document relating to the purchase of products, is submitted to us which includes any language that provides for us to provide any warranty to you for any product sold to you, or includes any language that may create a liability for NCT, or conflicts with these Terms and Conditions, all such language is deemed to be null and void and of no effect
All products and services available for order through NCT are distributed by us. We do not accommodate returns or refunds as all software products are sold and installed on clients servers. There are no refunds whatsoever.
All prices and availability are subject to change without notice. We will send invoices to our clients for all our software products, which shall be signed and returned to us as agreement to the price quoted.
Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. While the Company will make every reasonable effort to meet orders accepted, all orders are accepted conditionally upon the availability of the Goods and the Company shall not be liable if prevented from meeting any order because the Goods (or any part thereof) are not readily available by reason of any circumstances outside the control of the Company. All orders placed must obtain approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before processing any order.
NCT will deliver Licences by installing our software to our clients servers after acknowledging receipt of funds sent to us by our clients for a particular product or software. There is no shipping of anything as our solutions are delivered through remote installation on the server of our client. This normally takes 48 hours after receipt of payment and provision of server by our client or as agreed. In the event that such date is not specified, then the standard period of 5 business days shall apply. If NCT is unable to meet the agreed installation or delivery date, NCT shall immediately inform the customer in writing or by telefax or e-mail and give the reason and the anticipated duration of the delay.
We charge the applicable Goods and Services Tax (GST)/Sales Taxand duties for orders to be delivered to addresses in Australia and USA unless you have provided us with a valid sales tax exemption certificate. You shall be solely responsible for all sales taxes, use taxes, or any other applicable taxes, that are not charged by us. If we are subsequently charged other taxes on an order, you agree to reimburse us unless you have paid these taxes.
You agree to pay all charges incurred by authorised users of your account, by cash, credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases. Cheques, Credit Card or Bankcard sales drafts returned by your bank or card issuer unpaid are subject to an USD25.00 service handling charge. You agree to pay to us all attorney fees, court costs, collection agency fees, or any other costs incurred by us in collecting any overdue amount you owe us.
NCT provide 24/7 technical support to all clients. Clients should open support tickets directly from their customer’s panel, our website, support emails or contact premium support phone number provided during purchase for clients on premium support package.
We provide excelllent technical support services to all our clients whether hosted or full licence purchase. Our clients should please note that support should only be direct technical issues related to softswitch, mobile applications or other products we provide prior to sending support emails or tickets to our techincal support department. We do not provide external support like contacting client’s voice termination providers, DID providers or other external parties on their behalf as this does not relate to our softswitch and billing but are only concerned with issues directly affecting the performance of our softswitch. We can, during training show our clients how DIDs are configured, how providers are set up and other things relating to our solutions but not like contacting providers on their behalf
However, third party contacts to external providers attracts a special fee for this purpose and clients that need this should liaise with our Sales Department for advice and pricing.
NCT will do its best at all times to respond to client's trouble tickets between one-six hours as tickets are queued according to time of receipt. Sometimes response time is even less than 2 minutes depending on priority and urgency of the ticket. Server issues or switch malfunctioning are given first class priority attention and response time is very fast. Please be patient as we will respond to all trouble tickets and attend to all requests promptly.
If payment term is not required nor indicated when placing an order, invoices are automatically due 30 calendar days following the invoice date unless the invoice specifies other payment terms (the “Due Date"). Payment for hosted solution is always billed in advance at the beginning of the billing cycle.
Payments not received by the due date may result to disconnection of the server/licence. Reactivation will cost you US$50.
NCT shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Company’s reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the Goods or of raw materials therefor by the Company’s normal source of supply or the manufacture of the Goods by the Company’s normal means or the delivery of the Goods by the Company’s normal route or means of delivery.
The laws of New South Wales Australia or Delaware USA(without reference to its choice of law rules) will govern these Terms and Conditions. Any litigation that arises from these Terms and Conditions or any transaction shall be commenced only in any federal or state court in New South Wales or Delaware and the parties expressly consent to the jurisdiction and venue of such courts.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption, or paragraph title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
NCT reserves the right to make changes to these Terms and Conditions at any time with or without notice of such change. Your placement of any order or submission of any edits to your account profile following any amendments will constitute agreement to such amendments
Except for any written agreements entered into between you and NCT, these Terms and Conditions constitute the entire and exclusive agreement between you and NCT and supersede any prior agreement, oral or written, between NCT and you with respect to products or services purchased from or through NCT. You represent and acknowledge that you are fully authorised to agree to these Terms and Conditions.
