Quotation Terms and Conditions
v1.2 August 2023
CyberOne, LLC is a Delaware company with headquarters located at 6851 Communications Parkway, Plano, TX 75024 (“CyberOne”). Customer is any business or person who purchases products or services from CyberOne. Quotation is a written quotation from CyberOne to Customer identifying one or more products or services, quantity, charges, and other relevant information to a specific transaction which CyberOne is quoting to Customer.
A Quotation is contingent upon credit approval and is made effective by: (i) Customer signing the Quotation, indicating its acceptance, (“Accepted Quotation”) and returning to CyberOne; or (ii) Customer issuing a valid purchase order for the products or professional services referencing the Quotation (“Purchase Order”).
These Quotation Terms and Conditions govern CyberOne’s sale of products or services, except as set out below, and shall control in the event there are different or additional terms set forth in any Purchase Order submitted. Any terms and conditions included in a Purchase Order that are inconsistent with, conflicting with, or additional to the terms in a Quotation will be void and of no effect. CyberOne’s acceptance of an Accepted Quotation or a Purchase Order referencing a Quotation forms a legally binding agreement and Customer shall be obligated to pay the amounts noted therein to CyberOne.
CyberOne shall invoice the Customer immediately upon receipt of an Accepted Quotation or valid Purchase Order from Customer referencing the Quotation.
All prices are in U.S. Dollars unless otherwise noted. The pricing set forth in a Quotation may not include sales and use taxes, which will be included, if applicable, on the invoice. If not charged for sales and use tax, the Customer is responsible for sales and use tax reporting.
Unless otherwise agreed upon by CyberOne and Customer, payment terms are net 30 days from the date of receipt of CyberOne’s invoice. A late payment penalty of 1.5% per month may be assessed on late payments.
Payment can be made via a corporate credit card but must include an additional 3.5% surcharge, if allowed by local legislation, of the total amount, including sales tax if applicable, to pay for the credit card transaction fees; if a surcharge is disallowed by local legislation, acceptable forms of payment shall be by check or Automated Clearing House (ACH).
Unless a separate applicable executed service agreement between the parties exists, CyberOne professional services purchased by Customer pursuant to a Quotation shall be governed by the CyberOne Professional Services Agreement (“PSA”) in effect as of the date of the applicable Quotation. The CyberOne PSA may be found at https://www.cyberonesecurity.com/psa.
CyberOne professional services must be used within twelve months from CyberOne’s invoice date (“Professional Services Period”), unless otherwise stated in an applicable Statement of Work. Any services not used within the Professional Services Period will be automatically forfeited by Customer, with no further action required of either party, and Customer will not be entitled to a refund or credit for any unused portion of the fees paid for any unused services.
Unless delivery is electronic, all products are shipped to Customer FOB Origin. CyberOne will prepay all freight and insurance charges and add these to the total amount stated on the Quotation which charges Customer agrees to pay in compliance with the terms of the Quotation. CyberOne may elect to use a third-party fulfillment partner to fulfill orders for products under a Quotation (including the original manufacturer where CyberOne is acting as a reseller).
Please send your Purchase Order or signed Quotation to your CyberOne representative via electronic mail or at the address indicated on the front page of the Quotation.
The manufacturer’s warranty applies for all third-party products purchased. CyberOne does not give or imply that it gives any warranty on any product(s) it distributes or resells. CyberOne will provide commercially reasonable assistance to Customers needing warranty assistance in dealings with the manufacturer(s) of the product(s) CyberOne distributes or resells.
CyberOne is a reseller of the products manufactured, licensed, or provided by third-party manufacturers, licensors or vendors and those products are sold to Customer subject to any additional terms imposed by the third party (including, without limitation, warranties, license agreements or terms and conditions). Customer shall receive only the rights set forth in a license agreement for the software to be provided by the applicable third-party licensor. Any third-party services included in the products, are sold by CyberOne but provided by the third-party product manufacturer, licensor, or vendor under a separate agreement or separate terms and conditions to be provided by such third party to Customer.
Requests to return product(s) must be received within 30 days of receipt of the product(s) and must be preapproved by CyberOne, subject to the manufacturer’s return policy. All product(s) approved for return must:
(i) be in new, unopened condition and complete, including but not limited to all packaging materials, instructions, and accessories; (ii) has no permanent software keys issued; (iii) returned to CyberOne with an RMA number issued by CyberOne; and (iv) include the number of the CyberOne invoice wherein the product was purchased. Returns for credit are subject to a 20% restocking fee.
The Purchase Order will be construed in accordance with, and all disputes will be governed by, the laws of the State of Texas, without regard to its conflict of laws rules. The parties specifically waive application of the UN Convention on Contracts for the International Sale of Goods. Customer irrevocably consents to the personal jurisdiction of the state and federal courts in and for Collin County, Texas, and irrevocably waives any claim it may have that any proceedings brought in such courts have been brought in an inconvenient forum.
Any notice to be given under the Purchase Order will be in writing and addressed to the party at the address stated in the Purchase Order. Notices will be deemed given and effective (i) if personally delivered, upon delivery, (ii) if sent by an overnight service with tracking capabilities, upon receipt; (iii) if sent by fax or electronic mail, at such time as the party which sent the notice receives confirmation of receipt by the applicable method of transmittal; or (iv) if sent by certified or registered mail, within five days of deposit in the mail.