Conditions of Purchasing Products
from Bob’s PcWerks, Inc.
(To order, please read and sign both of these pages and fax
or mail with the completed Order form.)
SOFTWARE LICENSE:
Upon receipt of the purchase price, Bob's PcWerks, Inc. (BPCW)
agrees to grant to Purchaser a Software License Key to use its
copyrighted software. The software is protected by United States
copyright laws and international treaty provisions. Purchaser
may use the software on only 1 computer, and may make copies
of the software only for backup purposes. Details of the SOFTWARE
LICENSE are included within the Operating Manual. After the
initial purchase, any updates (new versions) to the Software
and Operating Manual are available free of charge if Purchaser
obtains them from one of BPCW's Internet Web Sites; however,
if the Purchaser wants the Software updates on a new CD or a
new Operating Manual, there will be a charge of $20 each, plus
shipping. A replacement for a lost or stolen Software License
Key is $495.
RETURN POLICY:
Purchaser may return the system to BPCW for a refund (less
shipping and 15% restocking charge); however, to qualify for
a refund, the system must be received by BPCW within 30 days
from the date Purchaser originally received the system, and it
must be returned to BPCW in good condition.
EXPRESS ONE YEAR LIMITED WARRANTY:
BPCW warrants that its software and hardware will be free
of any significant defects. BPCW will correct or replace defective
materials or refund the purchase price at its option. This warranty
is not valid if a surge protector and/or a battery backup (uninterruptible
power supply) are not used to protect the system. BPCW cannot
be held responsible for any kind of physical damages, including
lightning, to the hardware or software. This warranty is effective
for one year following the date of purchase, provided there has
been no abuse or misuse. This warranty and the obligations and
liabilities of BPCW are in lieu of, and Purchaser waives, all
other warranties, guarantees, conditions, or liabilities, expressed
or implied, arising by law or otherwise, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, and further including without limitation consequential
damages, whether or not caused by BPCW's negligence. This warranty
shall not be extended, altered, or varied except by a written
agreement signed by BPCW and Purchaser. THERE ARE NO WARRANTIES
THAT ARE NOT INCLUDED HERE. Some states do not allow the exclusion
of implied warranties, so the above exclusion may not apply.
This warranty gives the Purchaser specific legal rights, and
purchaser may also have other rights, which vary from state to
state.
DISCLAIMER:
Purchaser is not purchasing a "franchise", "business
opportunity", or "exclusive territory" from BPCW.
Purchaser understands that computers and telecommunications
are complex, and that it may take time, effort, and skill to
install, understand, and operate these products. Very important:
Purchaser should allow ample time to receive, setup, test, and
understand his or her system before advertising or going on-line
to the public. Purchaser is aware that there is a wide variety
of computer hardware & software, as well as telephone companies
and equipment. For this reason, BPCW does not warrant that its
products will function in every environment. It is the Purchaser's
responsibility to obtain the necessary computer equipment to
operate these products. Please note that BPCW cannot support
Packard Bell, Compaq, or other proprietary computers since they
will not accommodate voice boards. It is the Purchaser's responsibility
to become aware of the cost and availability of telephone and
electrical requirements. Purchaser is responsible for any business
and miscellaneous expenses necessary to operate these products,
including telephone service, advertising, computers, etc. BPCW
will not be liable for these expenses for any reason. Even though
Purchaser's system may be designed to operate 24 hours a day,
Purchaser should be aware that his or her system will be out
of service periodically for backups, maintenance, improvements,
or difficulties such as power outages, telephone line problems,
hardware/software malfunctions, etc. BPCW will not be liable
for any lost revenue, lost profits, advertising, or additional
expenses due to loss of data, hardware/software problems, or
for any other reason. Purchaser & BPCW will each pay the
shipping costs of returning any items to each other for repair
or replacement. Purchaser is aware there will be limitations
as to the size of the software applications and to the number
of telephone lines that can be used, due to hardware and software
limitations. BPCW does not make any claims or guarantees that
Purchaser will bring in any revenue nor operate any profitable
services or businesses by using the software or hardware sold
by BPCW. The suggestions, ideas, and techniques offered by BPCW
are not guaranteed to bring success. The success of the Purchaser
will be affected by many factors, including, but not limited
to, his or her efforts and competence. Purchaser is responsible
for the security of his or her system and for obtaining property
and liability insurance.
TELEPHONE ASSISTANCE:
The office and telephone technical support of BPCW will accept
and return calls Monday through Friday from 8 am to 6 pm. In
addition, Purchaser may leave VOICE MESSAGES or send FAXES or
E-mail with questions and problems, at anytime. (Above times
are US Central Time Zone, and are subject to change.) BPCW will
make every reasonable effort to resolve questions and problems
on a timely basis, within the times listed above; however, BPCW
may not always be able to resolve every problem nor respond to
every call immediately. BPCW and Purchaser each agree to pay
for their own long distance calls placed to the other party for
any assistance.
Purchaser's Signature ________________________________________
Date:_____________________
Conditions of Purchasing
TeleWerks from
Bob’s PcWerks, Inc.
WHAT YOU GET FROM BPCW:
TELEWERKS Software on CD ROM and 3.5" Diskette, Dialogic
Voice Board, Operating Manual, Software License Key, Telephone
Cables, One Year Warranty, and up to 3 hours of Telephone Technical
Support.
MINIMUM REQUIREMENTS OF PURCHASER'S COMPUTER SYSTEM:
Purchaser will need a Computer with Windows 95 or 98, 166
megahertz processor, 32 megabytes of RAM, 200 megabytes of available
hard drive space, CD ROM Drive, 3.5" Diskette Drive, Sound
Blaster (or compatible) sound card, Microphone, Speaker, Color
Monitor, Keyboard, and Surge Protector and/or Battery Backup.
TELEPHONE TECHNICAL SUPPORT:
Up to 3 hours of Telephone Technical Support is included with
the purchase price, but additional support is available for $75
per hour, with 1 hour minimum, payable in advance.
TELEPHONE SERVICE:
Purchaser is responsible for determining the cost of installation
and the monthly rates of the necessary telephone service to his
or her intended location of operation of TELEWERKS. Purchaser
should inquire as to the maximum number of telephone lines available
at that location, for anticipated growth. If Call Transfer is
desired, Purchaser will also need "3-Way Calling" or
"Centrex""(sometimes called "Plexar",
or "Centranet" ) service from the local telephone company.
Call Transfer may not work properly in every case due to differences
between telephone company's switching equipment. Our Voice Boards
use standard ANALOG telephone lines, NOT DIGITAL telephone lines.
SYSTEM LIMITS:
Purchaser is aware that each 2 or 4 line Voice Board requires
an ISA slot in the computer. There is a maximum of 12 telephone
lines (using three 4-line Voice Boards) per TeleWerks system.
DAMAGES/MALFUNCTIONS:
On occasion, shipping may cause damage to the system. In
addition, hardware and software occasionally become defective
after working properly. BPCW will repair or replace damaged
or malfunctioning hardware and software at no charge, if within
the warranty time limit and if there has been no misuse by the
Purchaser. Purchaser must return any defective hardware prior
to BPCW shipping a replacement or Purchaser must give a credit
card number authorizing a charge if the defective hardware is
not returned to BPCW within 7 days.
SHIPPING:
BPCW cannot be responsible for delays in shipping caused by
the shipper, weather conditions, or strikes.
CHANGES TO SYSTEM:
BPCW cannot be responsible if Purchaser makes changes, misuses,
or tampers with the system after Purchaser receives the system.
Any changes by Purchaser may void the warranty.
INSTALLATION/OPERATION:
When Purchaser receives an TELEWERKS system, he or she will
need to install the software and voice board, as well as connect
the telephone line(s).
VOICE BOARD/COMPUTER:
Voice Boards require the use of an IRQ and address in Purchaser's
computer. The TELEWERKS CD will analyze the computer to determine
which IRQ's and addresses are currently being used and which
are available. Purchaser may need to change IRQ's on existing
hardware or change the jumpers on the Voice Board. Each Voice
Board requires either a one-half length or a full-length ISA
slot inside the computer; therefore, prior to purchasing, Purchaser
should examine the computer for any available ISA slots to determine
if there is enough room for the Voice Board(s) ordered. If Purchaser
is not familiar with IRQ's and ISA slots, he or she should ask
someone knowledgeable for assistance.
OPERATING SYSTEM:
TELEWERKS has been designed to operate using Windows 95 or
98. BPCW does not support TELEWERKS using any other operating
systems.
BACKUPS:
Purchaser is responsible for making frequent backups of his
or her system to protect against any losses or valuable data.
BPCW cannot be responsible for loss of data for any reason whatsoever.
LIABILITY/RESPONSIBILTY:
Purchaser assumes all liability & responsibility for operating
TELEWERKS according to any federal, state, or local laws pertaining
to the use of "Automatic Dialing & Announcing Devices".
Purchaser is aware that those limitations may include commercial
solicitations and/or delivering pre-recorded telephonic messages
to homes and businesses without the prior express consent of
the called party. In addition, Purchaser is responsible for
all legal, insurance, tax, and license requirements. Purchaser
will hold BPCW harmless from any litigation or claims against
Purchaser for any reason whatsoever.
I acknowledge that the information on these 2 pages supersedes
any and all other written or verbal information about TELEWERKS.
I have read, understand, and agree to the above:
Purchaser's Signature ________________________________________
Date:_____________________
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