Agent89.com

Terms and Conditions of Electronic Purchase of Services

This agreement (the “Agreement”) contains the terms and conditions that apply to you, the customer or purchaser (“Customer or You”), and your purchase(s) from Vector Computer Consulting Inc., the owner and operator of the website www.Agent89.com, (“Company”) of services and accessories (collectively the “Services”) sold on the website located at the URL www.Agent89.com (“Web Site”).  Please read these terms and conditions carefully.  Company has other policies that govern certain aspects of this Agreement.  Any and all referenced descriptions, web pages, and or policies shall be interpreted and incorporated herein.

By clicking on the “I accept” button, you acknowledge that you have read, accepted, and agreed to the terms and conditions and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.  If you agree with the terms and conditions, click on the box adjacent to “I accept”.  If you do not agree to the terms and conditions, do not check this box.  You will not be able to complete your transaction if you do not check this box.

1.1 Eligibility. Use of the Site is limited to parties that can lawfully enter into and form contracts under applicable law.  You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability that you may incur as a result of your use of this Site and the purchase of any Service.  Minors are expressly discouraged from using this Site.  You understand that you are financially responsible for all purchases of any Service by you.

1.2 Price and Payment Terms. Your total price for the Services will be stated on your purchase receipt.  Terms of payment are within Company’s sole discretion, and unless otherwise agreed to by Company, payment must be received in full by Company at the time of purchase.  Payment for the Services must be made by credit card.  Orders are not binding upon Company until accepted by Company, and Company reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Services is an unintentional mistake or technical malfunction.

1.3 Email Delivery of Service and Title. A valid email address is required with any and all purchases of Services on the Web Site.  Company will deliver all Services purchased on the Web Site via email only.  Company will inform you of estimated delivery dates at the time of purchase or shall be referenced on the Service page, but will not be responsible for delays in delivery due to events beyond its control, including Internet disturbances, loss of Internet access by the Customer, acts of God, and any other provisions governed by Section 1.12

1.4 Service Descriptions. All Services are described on their Service page and any relevant FAQ’s.  Company attempts to be as accurate as possible, but does not insure or warrant the accuracy of their descriptions.

1.5 Service Delivery and Format. Services will be delivered, according to the time periods included below, in a document with a “.doc”, “.pdf”, “.xls”,“.txt”, or similar file extensions, indicating file format.  No other file formats will be supported. It is required by the Customer to provide the software and required materials to use the supplied documents.

1.6 Intellectual Property. Company retains and reserves all rights and ownership in any marks, logos, or copyright attributable to Company.  All of the content included on this Web Site, including the text, graphics, logos, icons, screens and configurations, is the property of Web Site or its licensors and is protected by U.S. and international copyright and trademark laws.  All software used on this Web Site is the property of Web Site or its software suppliers and is also protected by U.S. and international copyright laws.  You do not acquire any ownership rights by printing or downloading any information or using this Web Site.  Any use of the content or software on this Web Site other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.

1.7 Resale. Company transfers and assigns any Intellectual Property rights for the work product it delivers to client during fulfillment of the Service, as described on the Service web page, to Customer upon delivery of the Service.  Customer is free to transfer, sell, or assign the work product purchased as acceptable by any applicable law.

1.8 Returns and Disputes. Company does not accept or permit any returns of Service. If there is a dispute as to the delivery or quality of the Service, all disputes shall be resolved in Company’s sole discretion.  Please send any comments, concerns, or complaints to help@agent89.com with your order number and issue within five (5) days of receiving the Service.

1.9 No Representations or Warranties. The site and the Services offered on this site are provided on an “as is” and “as available” basis.  You expressly agree that your use of this site is at your sole risk.  To the fullest extent permissible by applicable law, Company makes no representations, warranties or conditions of any kind, express or implied, as to the operation of this site or the information, content, materials, or Services referenced or contained on this site, including, without limitation: (i) the implied warranties or conditions of merchantability, fitness for our particular purpose, title, and non-infringement; (ii) that the site or the Services will meet your requirements, will be available on a constant basis and will be accessible, uninterrupted, timely, secure or will operate without error; (iii) that this site, any of the Services, its servers, or e-mail sent from us or the site are free of viruses or other harmful components; (iv) any implied warranty arising from course of dealing or usage of trade; and (v) any obligation, liability, right, claim, or remedy in tort, statute or the common law, whether or not arising from our negligence.



To the full extent permissible under applicable law, Company disclaims any and all such warranties and conditions.  Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

1.10 Privacy. Please click here to see and review our Privacy Notice.  You agree that the terms of such policy are reasonable.  This Privacy Notice may be changed by us in the future.  Company advises that you check the Privacy Notice on a frequent basis for changes.  You consent to the use of your personal information by us and/or our third party providers, Merchants and distributors in accordance with the terms and for the purposes set forth in the Privacy Notice.

1.11 Document Retention. A digital copy of all Services shall be retained by Company for a minimum of 90 days from the time of delivery.

1.12 Force Majeure. Any delay or failure of either party to perform its obligations hereunder (except Buyer’s duty to pay) shall be excused if, and to the extent that it is caused by an event of occurrence beyond the reasonable control of the party and without its fault, negligence, such as, by way of example and not by limitations, acts of God, actions by any authority or authorities (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, labor problems (including lockouts, strikes and slowdowns), delay or interruption in internet or email service, inability to obtain power, material, labor, equipment or transportation, or court injunction or order; provided that written notice of such delay (including the anticipated duration of the delay) shall be given by the affected party to the other party within ten (10) days of the end of the event.

1.13 Applicable Law. This Agreement is made and shall be construed in accordance with the laws of the State of New York in courts located in the County of Nassau.  Any actions or claims arising in connection with this Agreement must be brought in the American Arbitration Association in Nassau County, New York.

1.14 Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

1.15 Severability. If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

1.16 No Waiver. Company will not be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by Company.  No delay or omission by Company in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  Company’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of these Terms and Conditions.

1.17 Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof.  These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for Service(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Company.

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