TERMS AND CONDITIONS
These Terms and Conditions apply to all software and other products or services ordered from BHubs.
Your submission of a new account application or any subsequent changes to your account information indicates your acceptance of these Terms and Conditions and that these Terms and Conditions shall take precedence over any other terms or conditions included with any purchase order or request for quotation, whether or not such terms or conditions are affirmed or deemed affirmed by BHubs.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS/SERVICES SOLD
Unless otherwise indicated, all products and services available for order through BHubs are distributed on behalf of third-party Suppliers (“Supplier”), and are delivered with the Supplier’s limited warranty, if any. The warranty periods and service varies by Supplier and product. Product specifications are subject to change without notice at the Supplier’s sole discretion. All of your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the Supplier.
EXCEPT AS EXPRESSLY STATED HEREIN, BHUBS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS/SERVICES SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, BHUBS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS/SERVICES SOLD, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF BHUBS ARISING FROM ANY PRODUCT/SERVICE SOLD BY BHUBS SHALL BE THE PRICE OF THE PRODUCT/SERVICE ORDERED. IN NO EVENT SHALL BHUBS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT/SERVICE SOLD.
You agree that in the event a purchase order, request for quotation or any other document relating to the purchase of products/services, is submitted to us which includes any language that provides for us to provide any warranty to you for any product/service sold to you, or includes any language that may create a liability for BHubs, or conflicts with these Terms and Conditions, all such language is deemed to be null and void and of no effect.
All prices and availability are subject to change without notice. In the event a product/service is quoted at an incorrect price due to typographical, photographic or technical error or due to incorrect information received from our Suppliers, we shall have the right to refuse or cancel any orders placed for such product/service at the incorrect price. If a service/product’s correct price is lower than our stated price, we will charge the lower amount and ship/serve you the product/service. If a service/product’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will have an opportunity to purchase the service/product at the correct price. We do not offer price protection in the event the price for a service/product changes once a service/product has been served/shipped to you or been downloaded to your server from a Supplier’s designated server.
We charge the applicable Goods and Services Tax (GST) and duties for orders to be delivered to addresses in Bangladesh unless you have provided us with a valid sales tax exemption certificate. You shall be solely responsible for all sales taxes, use taxes, or any other applicable taxes, that are not charged by us. If we are subsequently charged other taxes on an order, you agree to reimburse us unless you have paid these taxes.
You agree to pay all charges incurred by authorized users of your account, by cash, credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases. Cheques, Credit Card or Bankcard sales drafts returned by your bank or card issuer unpaid are subject to an BDT 1500.00 service handling charge. You agree to pay to us all attorney fees, court costs, collection agency fees, or any other costs incurred by us in collecting any overdue amount you owe us.
SERVICE AND SUPPORT
All requests for technical service and support should be made directly to the BHubs/Supplier in accordance with its respective terms and conditions. We may provide, as made available, on-line technical notes for selected software products as well as links to the technical support departments of some Suppliers. On Call support will be available for fixed charge indicated in pricing.
The Company shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Service/Products by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Company’s reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the Goods or of raw materials therefore by the Company’s normal source of supply or the manufacture of the Goods by the Company’s normal means or the delivery of the Goods by the Company’s normal route or means of delivery.
The laws of Peoples Republic of Bangladesh (without reference to its choice of law rules) will govern these Terms and Conditions. Any litigation that arises from these Terms and Conditions or any transaction shall be commenced only in any district court in Bangladesh and the parties expressly consent to the jurisdiction and venue of such courts.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption, or paragraph title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
BHubs reserves the right to make changes to these Terms and Conditions at any time with or without notice of such change. Your placement of any order or submission of any edits to your account profile following any amendments will constitute agreement to such amendments.
These Terms and Conditions were last revised on 16 November 2013.
Except for any written agreements entered into between you and BHubs, these Terms and Conditions constitute the entire and exclusive agreement between you and BHubs and supersede any prior agreement, oral or written, between BHubs and you with respect to products or services purchased from or through BHubs. You represent and acknowledge that you are fully authorized to agree to these Terms and Conditions.