TERMS & CONDITIONS OF USE
By visiting our website you agree to the Terms and Conditions of Use provided here. Visit this page often as usage terms may change without notice.
POLICY
This document will outline the general terms and conditions for doing business with CADimensions, Inc., and will apply to any proposal and agreement and/or purchase order relating to all software, hardware, and services sold by CADimensions, Inc. to a customer.
(a) The initial term (the “Initial Term”) of this agreement shall be for one year from the Effective Date and thereafter shall automatically be renewed for successive one-year terms. Upon 60 days prior written notice either party may terminate this Agreement effective at the end of a term.
(b) All sales are final from the moment software order is placed and/or goods/services are delivered to Customer.
(c) In the event that the Customer fails to make any payment when due, CADimensions, Inc. may suspend service or support contracts hereunder. In the event the customer fails to make any such payment within 10 days after demand from CADimensions, Inc., CADimensions, Inc. may terminate this Agreement and pursue all available remedies. No delay or failure of CADimensions, Inc. to exercise any right or remedy under this Agreement operates as a waiver thereof.
(d) CADimensions, Inc. reserves the right to increase the service charges to be in effect during any term after the Initial Term by giving written notice to the Customer at least 60 days prior to the commencement of such term.
(e) Software Reinstallation Fees and Late Renewals will be honored based on appropriate reinstallation fees imposed by the manufacturer
(f) Right to Use Licenses such as all 3DExprience Products will be automatically renewed unless the Customer provides CADimensions, Inc. with written notice of their desire to cancel their subscription at least 30 days prior to renewal date. If written notice is not received Customer will be required to purchase additional term of service.
(g) Classroom/Online Training will be billed in full at the time of the order. All custom training that is specific to one customer and/or created by CADimensions, Inc. will be billed at time of order.
(h) CADimensions, Inc. will bill all services projects at time of order unless otherwise noted and agreed upon
(i) 3D Printing services will be billed in full at time of order. For projects that require multiple shipments spread out over time, a predetermined billing schedule will be agreed upon between CADimensions and the Customer.
CADimensions, Inc. Responsibilities
(a) CADimensions, Inc. shall provide customer with software download instructions for proper installation. All hardware and software sales are final and cannot be returned unless special circumstances are approved by manufacturer. CADimensions, Inc. will make a best effort to assist customer in understanding the installation process. We will not install the program or provide technical installation support over the phone. If additional installation and implementation services are required a separate Statement of Work will be created for support services for an additional charge. If on-site support is required, an additional On-site Service charge will include travel costs to and from the Installation Address unless otherwise specified.
Customer Responsibilities
(a) Customer will make best effort to have trained/knowledgeable personnel/staff available to assist with any technical software issues, if the need arises, to assist CADimensions, Inc. technical team personnel in diagnosing a software and/or hardware issue over the telephone or onsite if required.
Service Availability
(a) CADimensions, Inc. shall provide telephone support service from 8am to 5pm EST daily during a normal work week Monday through Friday, except during statutory holidays. Additional support service times are available, for an additional charge, with predetermined arrangements and an authorized Statement of Work.
(b) CADimensions, Inc. shall use its best effort to respond to any technical support request from the Customer within 8 working hours based on time of day and support contract requirements.
Limitation on Liability
(a) Neither the Customer nor CADimensions, Inc. or CADimensions, Inc.’s subcontractors shall be liable for failure to perform hereunder for causes beyond their control including, without limitation, acts of God, strikes, fires, natural disasters, or unavailability of manufacturers support personnel.
(b) In no event shall CADimensions, Inc. or its Sub-Contractor(s) be liable to the Owner or any Third Party for any loss or injury to earnings, profits or goodwill and the Owner agrees that no claim shall be made against CADimensions, Inc. or it Sub-Contractor(s) for special, indirect consequential damages whatsoever or however caused, or for damages arising from or relating to the loss of use of tangible property. CADimensions, Inc.’s entire liability in Contract, tort, negligence or otherwise for technical support service.
General
(a) This agreement supersedes all prior agreements and understandings relating to the purchased software and/or hardware and cannot be modified except in writing signed by an authorized representative of CADimensions, Inc. and the Customer. Customer’s purchase order, change order and SOW documents are subject to these Terms and Conditions. Customer’s order documents shall be referenced for billing purposes only.
(b) Neither party may assign this agreement; provided, however, that CADimensions, Inc. may sub-contract some or all of the services to be provided by it hereunder.
(c) In addition to any other rights of termination hereunder, CADimensions, Inc. shall have the right to terminate this agreement if any breach by the Customer of any of the provisions hereof is not remedied within 10 days after written notice thereof has been given by CADimensions, Inc.; or on 90 days notice in the event that CADimensions, Inc., in its sole discretion, deems the customers software equipment to have become unserviceable by reason of age, wear, abuse, environment, or any other cause.
(d) CADimensions, Inc. shall keep confidential all data and information relating to the Customer’s business which comes into the possession of CADimensions, Inc. as a result of the performance of its duties hereunder, except such data or information which is or enters into the public domain without fault on the part of CADimensions, Inc., or was already known to CADimensions, Inc.. CADimensions, Inc. further agrees to take reasonable steps to ensure that its employees, agents and sub-contractors respect the confidentiality of such data and information.
(e) This agreement shall be governed by and construed in accordance with the laws of the State of New York, Pennsylvania, Massachusetts, Connecticut, Vermont, New Hampshire, Maine, Rhode Island and New Jersey.
PRIVACY POLICY
Our Privacy Policy, which sets out how we will use your information, can be found at this link. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with CADimensions, Inc. and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CADimensions, Inc.
INDEMNITY
You agree to indemnify, defend and hold harmless CADimensions, Inc., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
VARIATION
CADimensions, Inc. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. We are dedicated to resolving complaints quickly and agreeably. To register a complaint with CADimensions, Inc. you may use the form on the sidebar of this page, email us directly at support@cadimensions.com or call us directly at 1-877-223-4255.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and CADimensions, Inc. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an Officer of CADimensions, Inc.