General

Customers using any services offered by COM1 SOLUTIONS consent to be bound by and must comply with all policies in these Standard Terms and Conditions. At the sole discretion of COM1 SOLUTIONS, any violators  may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

Customer acknowledges that COM1 SOLUTIONS is not responsible for any damages arising from the Customer’s use of any service(s) provided by COM1 SOLUTIONS or Customer’s inability to use any service(s) for any reason. 

System Requirements

Mandatory ChannelOnline Pro System Requirements are as follows:

Minimum Browser Requirements
     Microsoft Internet Explorer 4.0+ or Netscape Navigator 4.0-4.7x,
     (Netscape 6.0 is not currently supported)
     JavaScript enabled
     Cookies enabled
     Adobe Acrobat Reader installed
     Display resolution of at least 800x600 (1024x768 preferred)

Terms of Payment  

First-time shoppers that have not been pre-approved for "NET 30" payment terms must use an approved credit card to make their purchases. If your company desires a term agreement, you will be asked to provide banking information and may be subject to a credit check. Please call 205-680-8910 ( ext. 111) for credit approval application.

If approved for terms, payments are due net 30 from shipment (NOT RECEIPT) of product or completion of service. No service will be provided to Client unless payment is current. Any late payments will incur a 21% finance charge on the balance due and a mandatory $29 late fee. COM1 SOLUTIONS reserves the right to partial bill a Purchase Order, in the event that items become back-ordered. The back-ordered items will be billed on the same purchase order number and payment is also due 30 days from shipment (NOT RECEIPT). Payments cannot, under any circumstances, be withheld due to back-ordered items. Your signature or electronic signature on the ChannelOnline Pro Application and Contract Form, the placement of any order by Purchase Order, the placement of any order through ChannelOnline Pro, or the placement of any order by verbal commitment states that you agree to the payment terms set forth above.

Non-Solicitation Agreement

During the term of this Agreement and for a period of one year thereafter, the parties agree not to hire, solicit, or attempt to solicit, whether directly or indirectly, the services of any employee, consultant, or subcontractor of the other party without the prior written consent of that party. This includes full-time, part-time or after-hours (moonlighting) services. Violation of this provision shall, in addition to other relief, require the breaching party to compensate the non-breaching party with 150 percent of the solicited person’s annual compensation.

Non-Disclosure Agreement

To induce COM1 SOLUTIONS, Inc. (Supplier) to register  YOUR COMPANY  (Promisor) as a user of ChannelOnline Pro and to furnish Promisor with certain information and pricing that is proprietary and confidential, Promisor hereby warrants, represents, covenants, and agrees as follows:

1. Engagement. Promisor, in the course of engagement by Supplier, may or will have access to or learn certain information belonging to Supplier that is proprietary and confidential (Confidential Information).

2. Definition of Confidential Information. Confidential Information as used throughout this Agreement means any secret or proprietary information relating directly to Supplier's business and that of Supplier's affiliated companies and subsidiaries, including, but not limited to, products, customer lists, pricing policies, employment records and policies, operational methods, marketing plans and strategies, product development techniques or plans, business acquisition plans, new personnel acquisition plans, methods of manufacture, technical processes, designs and design projects, inventions and research programs, trade "know-how," trade secrets, specific software, algorithms, computer processing systems, object and source codes, user manuals, systems documentation, ChannelOnline Pro Username and Password, and other business affairs of Supplier and Supplier's affiliated companies and subsidiaries.

3. Nondisclosure. Promisor agrees to keep strictly confidential all Confidential Information and will not, without Supplier's express written authorization, signed by one of Supplier's authorized officers, use, sell, market, or disclose any Confidential Information to any third person, firm, corporation, or association for any purpose. Promisor further agrees to not make any copies of the Confidential Information except upon Supplier's written authorization, signed by one of Supplier's authorized officers, and will not distribute any copy or sample of Confidential Information from the premises of Supplier or Supplier's Web Site without such authorization.

4. Account Termination. Supplier has the right to immediately terminate, without notice, any Promisor's on-line ChannelOnline Pro account and password that is suspected of  being breached. Breached is considered to be unauthorized use by an unauthorized person or persons that have obtained user names and passwords through illegal distribution or process. Promisor agrees to notify Supplier in the event they believe their account has been breached. Supplier agrees to provide Promisor with replacement account user identification and password at this time, but, reserves the right to revoke access until a full investigation has ensued.

5. Obligations Continue Past Term. The obligations imposed on Promisor shall continue with respect to each unit of the Confidential Information following the termination of the business relationship between Promisor and Supplier, and such obligations shall not terminate until such unit shall cease to be secret and confidential and shall be in the public domain, unless such event shall have occurred as a result of wrongful conduct by Promisor or Promisor's agents, servants, officers, or employees or a breach of the covenants set forth in this Agreement.

6. Equitable Relief. Promisor acknowledges and agrees that a breach of the provisions of Paragraph 3 or 4 of this Agreement would cause Supplier to suffer irreparable damage that could not be adequately remedied by an action at law. Accordingly, Promisor agrees that Supplier shall have the right to seek specific performance of the provisions of Paragraph 3 to enjoin a breach or attempted breach of the provisions thereof, such right being in addition to all other rights and remedies that are available to Supplier at law, in equity, or otherwise.

Product Warranty

Products purchased through COM1 SOLUTIONS are warranted by their prospective manufacturers. COM1 SOLUTIONS, does not provide warranty service on any product , however, we may, at our discretion, provide technical assistance to determine if a product is defective.

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