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SERVICE TERMS & AGREEMENT
Customer Agrees to the below Service use conditions when requesting IT/ICT services from IslandNet when using this Online Client Portal System / Service: ISLAND NETWORKS LIMITED, (“INL”) is a company duly incorporated in Jamaica and having its registered office located at 222 Marcus Garvey Drive Kingston 13, Jamaica.
1.1. With effect from the date hereof, INL shall, in consideration of the Fees being paid in accordance with the Terms of Payment and in response to support request from the Customer provide all Services expressly identified in this customer request Schedule or otherwise agreed under this Agreement. Customer understand that service charges will apply for onsite emergency or scheduled visit to their location. All payment will be made by
customer without dispute within terms of payment stated on customer invoice.
1.2. INL shall comply with the Customerʼs IT security, premises and health and safety policies as notified to it from time to time.
2. SERVICE CHARGES AND PAYMENTS
2.1. In consideration of the provision of the Services by the INL remote or onsite support personnel, the Customer shall pay ALL INL the Service Charges without any set-off, counterclaim or other deduction whatsoever.
2.2. The applicable Fee for the Services is set out in this ticket, schedule or outlined by INL in email or conversations prior or during the use of this service request.
3.1. The Customer acknowledges that INL makes no express or implied warranties with respect to the Service and hereby disclaims the same INL does not warrant uninterrupted operation of the Services and specifically disclaims any liability for incidental, consequential, indirect or special damages suffered by customer as a result of the operation or malfunction of the Service or a delay in the implementation, reconfiguration, or repair of the Service.
3.2. Save in respect of claims for death or personal injury arising from the INL's negligence, in no event shall the INL be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of the INL whether such damages were reasonably foreseeable or actually foreseen, or if the INL has been advised of the possibility that such damages might occur.
3.3. Except as provided above in the case of personal injury, death, and damage to tangible property, the INL's maximum liability to the Customer under this Agreement or otherwise for any cause whatsoever (whether in the form of the additional cost of remedial services or otherwise) shall be for direct costs and damages only and will be limited to a sum equivalent to the price paid to the INL under this Agreement for the Services that are the subject of the Customer's claim.
3.4. INL may, at its sole discretion, terminate this Agreement at any time.
I THE CUSTOMER, ACKNOWLEDGE AND AGREE TO THE TERMS AND STIPULATIONS AS LAID OUT BY ISLANDNET WITHIN THE SERVICE TERMS & AGREEMENT ABOVE/SUPPLIED.
I ALSO AGREE THAT FAILURE TO COMPLY WITH THESE RESPONSIBILITIES, MAY RESULT IN REMOVAL OF ALL OR PART OF THE SERVICES SUPPLIED AND THE TERMINATION OF ANY AGREEMENT IN PLACE.
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