Terms and Conditions
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Throughout these Terms, “Client”, “Clients” refers to the customer, as defined in the quotation. These terms and conditions are acknowledged and accepted by the client when: (a) a purchase order is issued or (b) an order paid in full through direct payment or captured through a credit card payment (c) this quotation is signed and returned or (d) shipment of SPACK SOLUTIONS INC. product or products is accepted by Client. In any case, any of the client’s terms and conditions which are inconsistent with SPACK SOLUTIONS INC.’s terms and conditions will be construed as proposals for additions to this order and will not be binding unless agreed to in writing by SPACK SOLUTIONS INC.
Warranty Disclaimer – Effective August 1, 2017
SPACK SOLUTIONS INC. warrants its products for a period of one year from the date of shipment. Warranty is limited to repair, replacement of non-performing product, or credit in the amount of the purchase price for alternative SPACK SOLUTIONS INC marketed products. SPACK SOLUTIONS INC., at its option, may repair or replace a non-performing product if non-performing product is returned to SPACK SOLUTIONS INC. at Client’s expense. SPACK SOLUTIONS INC. shall ship the replaced or repaired product back to Client via Ground shipping or equivalent service. SPACK SOLUTIONS INC. shall not be held liable for any incidental or consequential damages arising from the non-performance of product under warranty period.
Refunds and Returns - Effective August 12, 2022
SPACK SOLUTIONS INC will offer a 100% refund of up to $6,000 plus return shipping. Returned items must be received within 100 days of purchase to be eligible for a refund. The returned equipment is subject to inspection upon return to SPACK SOLUTIONS INC for purposes of verification of re-sellable condition. SPACK SOLUTIONS INC reserves the right to exclude any portion up to the purchase price if the equipment is not returned in the condition that it was delivered to the client.
Monetary refunds will be initiated following a complete diagnostic review of returned equipment and will be performed as a reversal of charges to the credit card used to complete the original purchase or by mailed check for manual purchases.
All products are shipped FOB Brooklyn Park, Minnesota, USA. Client shall be responsible for actual shipping charges and insurance for shipping product from SPACK SOLUTIONS INC.’s place of business (Brooklyn Park, MN). If no shipping preference is expressed, then product shall be shipped via Fed Ex Ground or equivalent and Client shall be responsible for actual shipping charges based on the rates communicated by the preferred carried as selected by SPACK SOLUTIONS INC.
The deadlines and time periods indicated by the Seller are not binding, unless agreed otherwise in writing. The Seller is not responsible for delays of delivery due to Force Majeure or due to events which make the delivery considerably more difficult or impossible for the Seller, even if binding time periods and delivery deadlines have been agreed. Those events permit the Seller to delay the delivery or service for the duration of the hindrance, or to withdraw from the contract in full or in part in relation to that part that has not been fulfilled. The Seller is always permitted to carry out partial services or deliveries.
The start of the delivery period stated by the Seller is subject to the clarification of all technical questions. Compliance with the delivery obligation of the Seller shall further presuppose punctual and proper performance of the Purchaser’s obligations. The right to the plea of non-performance of contract shall remain reserved.
If a fixed and binding time for delivery is provided for in the contract, and the Seller fails to deliver (in accordance with Point (3) of this Article) within such time or any extension thereof granted, the Purchaser shall be entitled, on condition that the arrears in delivery are based on a breach of contract by malice aforethought or gross negligence of the Seller and on giving to the Seller within a reasonable time notice in writing, to claim a reduction of 0,1% of the delivery value for each completed week of arrears, albeit no more than 3% of the delivery value, unless it can be reasonably concluded from the circumstances of the particular case that the Purchaser has suffered no loss.
Liability for any loss of profits or any other consequential losses, including liability for loss of income which can otherwise customarily be achieved with the sold product(s), shall be ruled out.
To the extent possible, the quantity ordered by the Purchaser shall be provided. Any difference in quantity resulting from the delivery note or the invoice shall be notified to the Seller in writing, albeit not later than five (5) working days after receipt of the commodities.
Product Performance and Remedy for Non Performance
SPACK SOLUTIONS INC. undertakes to ensure that the products offered for sale perform as advertised. In the event that they do not perform to the satisfaction of the client or to the client’s expectation or interpretation of the advertised performance, SPACK SOLUTIONS INC. shall, at its discretion, undertake reasonable measures to make the product perform as advertised. SPACK SOLUTIONS INC. may at its discretion make available a representative sample to the client, under reasonable business terms, for product performance evaluation and testing in the client’s application. Testing of the product shall be the responsibility of the client. In the circumstance that the delivered products quoted in the quotation do not perform as advertised or deviate materially from the operation and performance of the representative sample and SPACK SOLUTIONS INC. is unable or unwilling to make changes necessary to make the products perform to the satisfaction of the client, the remedy available to the client is limited to returning the products for a full replacement of the defective product or application of the purchase price as credit toward other items sold by SPACK SOLUTION INC if the product is returned to SPACK SOLUTIONS INC at the client’s expense within 90 days after the client has become aware of the non-performance of the product. UNDER NO CIRCUMSTANCES WILL SPACK SOLUTIONS INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER BUSINESS DAMAGES ARISING FROM THE NON-CONFORMANCE OR NON-PERFORMANCE OF THE PRODUCT.
Count Hour Rollover - Effective December 12, 2022
Up to 501 purchased countCLOUD hours can be rolled over from one year to the next, starting December 31, 2023. So, if you have 600 unused hours on December 31, 2023, 99 hours will expire, and you will have 501 hours available on January 1, 2024. All hours purchased in 2022 will be valid through 2023. This policy allows customers to protect their investment while we maintain our cost structure from year to year.
Any payment due under this Agreement, if not paid within thirty (30) days of the invoice date, SPACK SOLUTIONS INC. reserves the right to accrue interest until paid at a rate equal to the lesser of either eighteen percent (18%) per annum or the maximum rate permissible by law. Payment thereafter shall first be applied to accrued interest and then to unpaid principal.
Trademarks and Ownership of Intellectual Property
All trademarks, service marks and trade names of SpackSolutions.com used in the site are trademarks or registered trademarks of SpackSolutions.com.
SPACK SOLUTIONS INC. retains ownership of all intellectual property, design and likeness to design of products and technologies in such products contained in and derived from the design, development and use including new use and application of SPACK SOLUTIONS products offered for sale in the agreement. Nothing herein shall be construed as limiting the right of SPACK SOLUTIONS INC. to further develop, derive, assign or offer for sale its products and technologies to any third parties.
Any quotation submitted by SPACK SOLUTIONS INC. in response to a Client request (verbal or via email or via a document or sent by SPACK SOLUTIONS INC. to client to solicit business with client) (“Quotation”) is valid for thirty (30) days from the date of the Quotation unless renewed by SPACK SOLUTIONS INC. A quotation shall be deemed to have been renewed under these Terms if SPACK SOLUTIONS INC. continues to supply products to Client past the first order and shipment. In any case, if there is any question of which Terms apply to a particular order supplied by SPACK SOLUTIONS INC. to Client, the Terms specified in the latest quotation from SPACK SOLUTIONS INC. to Client shall apply even if the particular product in question was not explicitly listed on quotation.
If at least thirty days have, for any reason, passed between the communication of the quote and the acceptance by the client under these terms, the Seller may raise the purchase price by an amount which corresponds to: the rise in the cost-of-living index and a modification of a tariff agreement and higher production costs and a currency regulation and an alteration of duties and a significant increase in the costs of materials and other costs of manufacture or any change in delivery dates.
All Quotations are subject to revision based on the final evaluation of any requested change by the client in operation or features of the product.
Limitation of Liability
SpackSolutions.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SpackSolutions.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a SpackSolutions.com product is mistakenly listed at an incorrect price, SpackSolutions.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SpackSolutions.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SpackSolutions.com shall issue a credit to your credit card account in the amount of the incorrect price.
Terms and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SpackSolutions.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SpackSolutions.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SpackSolutions.com.
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SpackSolutions.com products) shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SpackSolutions.com products) must be commenced within one (1) year after the claim or cause of action arises. SpackSolutions.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
SpackSolutions.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SpackSolutions.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
SpackSolutions.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SpackSolutions.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SpackSolutions.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SpackSolutions.com in its sole discretion.
Client agrees to release, protect, defend, indemnify, and hold harmless SPACK SOLUTIONS INC. and its members, employees, officers, directors, contractors, agents and representatives (COLLECTIVELY, THE “SPACK SOLUTIONS INC. PARTIES”) from and against any and all claims, demands, costs, liabilities, judgments, expenses (including attorneys’ fees and costs), or causes of action (collectively, “Claims”) arising out of or in connection with Client’s application, sale, use or possession of the products, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY SPACK SOLUTIONS INC. PARTY, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN SPACK SOLUTIONS INC. PARTY.
Questions regarding the Terms and Conditions of this site should be directed to email@example.com.
This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transactions contemplated by it, shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota (excluding its conflict of laws rules which would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding hereunder shall be brought EXCLUSIVELY in Hennepin County, Minnesota, USA and each of the parties consents to the personal jurisdiction of the courts, state and federal, located therein. Each party agrees to waive any objection that the state or federal courts of Hennepin County, Minnesota, are an inconvenient Forum.
What information do we collect?
We collect information from you when you register on the site, place an order, or respond to a survey.
- When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information.
- Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
- If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include spacksolutions.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, click the "update your preferences" link that appears at the bottom of your emails or e-mail us at firstname.lastname@example.org.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to email@example.com.
Online Policy Only