Terms and Conditions
In General
PCs for People (“pcscrm.com”) owns and operates this Website. This document governs your relationship with pcscrm.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by pcscrm.com. pcscrm.com has no control over the Linked Sites and accepts no responsibly for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at pcscrm.com/terms/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and pcscrm.com will report any such breach to the relevant law enforcement
authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property ofpcscrm.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by pcscrm.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with pcscrm.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. pcscrm.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be pcscrm.com or may in some cases be a third party. Where a contract is made with a third party pcscrm.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an
authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, pcscrm.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the
use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect pcscrm.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, 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 pcscrm.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark 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 pcscrm.com.
Indemnity
You agree to indemnify, defend and hold harmless pcscrm.com, 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
pcscrm.com 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, please let us know if you have any complaints or comments.
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 pcscrm.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of pcscrm.com.
Software Affiliates
The parties desire to work together so that Software Member can function
as an Affiliate Member (“Member”) of PCs for People. As a Member, Software
Member can utilize the PCP Operations Model to provide services to
qualified recipients as defined in section 6 of this Agreement, in Software
Member’s service area.
A. The parties desire to enter into an agreement to define their
relationship.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. Appointment of Software Member as Member of PCs for People. Subject to
the terms and conditions set forth in this Agreement, PCs for People hereby
appoints Software Member as a Member for using the PCP Operations Model in
Software Member’s service area. Software Member accepts that appointment
and the terms and conditions set forth in this Agreement.
2. PCs for People Free Tier Deliverables. Software Member must provide its
own Microsoft License(s) and its own server for deployment and its own
server for data-wiping. PCs for People will deliver the PCP Operations
Model Free Tier as outlined here in:
a) PCs for People will remotely oversee the implementation of the required
technology, software, processes, and documentation to replicate the PCP
Operations Model on Software Member’s server(s).
b) PCs for People will provide the necessary initial training to the
Software Member.
c) PCs for People will provide the Refurbishing System Software to Member,
which includes the following:
i. Remote access software (which Member must install on Member’s server);
ii. Data wiping and hard drive loading software;
iii. Webbased CRM system access;
iv. Two Preconfigured Windows images and ongoing image updates;
v. One Linux image deployable via PXE;
d) PCs for People will configure the automated Windows and Linux deployment
system on Member’s server.
This Agreement is for a single physical office. Software Member can include
additional offices for an additional fee.
3. Software Member Undertakings and Obligations.
a) Payment of Software Membership Fees. For its first year as a Member,
Software Member shall pay the sum of $100.00 (One Hundred and 00/100
Dollars), which shall entitle Software Member to a credit in the amount of
$100 to be applied toward services offered by PCs for People. The initial
membership period shall run from the effective date for a term of one (1)
year.
The fee for renewals shall be determined by PCs for People and Software
Member, based upon costs for future deliverables.
PCs for People, at its sole discretion and to reflect fluctuating costs of
providing the deliverables, reserves the right to offer tiered services
plans, in addition to the Free Tier, that may require a fee or paid
subscription.
b) Compliance with PCP Operations Model. As an express condition of being
accepted as a Member, Software Member specifically agrees that it will
adhere to the PCP Operations Model in its operations under this Agreement,
including but not limited to the criteria and standards set forth in
Exhibit B attached to this Agreement. PCs for People reserves the right to
make modifications to the PCP Operations Model as it deems reasonable,
appropriate, or necessary, especially modifications necessary for it to
comply with requirements of its 501(c)(3) tax exempt status.
c) Compliance with Microsoft’s Registered Refurbisher Program Agreement. In
addition, Software Member agrees to comply with all terms and conditions of
Microsoft’s Registered Refurbisher Program Agreement which includes, among
others, the following requirements:
i. That the Refurbisher only refurbish computers that have been in
distribution or used by an end user for at least 6 months, and to the best
of the Refurbisher’s knowledge contains the same motherboard as when the
original Windows license was installed.
ii. An original valid COA label for a Microsoft Windows operating system
product must remain affixed to the computer. Special instructions must be
followed for computers that do not have an existing COA.
iii. Software Member’s refurbishing activities shall take place at one
designated location, unless PCs for People consents to Software Member
refurbishing at additional locations.
iv. PCs for People takes the position that Software Member will be acting
as a Member of PCs for People, but maintain its own refurbisher program
account with Microsoft.
v. To the extent that Microsoft determines that any operations are not
authorized under Microsoft’s Registered Refurbisher Program Agreement, the
parties agree that they will suspend operations under this Agreement and
seek an alternative avenue to carry out the operations provided under this
Agreement in a manner that is authorized under Microsoft’s Registered
Refurbisher Program Agreement.
d) Payment Processing Services. Payment processing services for PCs for
People and its Members are provided by Stripe credit card services and are
subject to the Stripe Connected Account Agreement, which includes the
Stripe Terms of Service (collectively, the “Stripe Services Agreement”).
Under this Agreement, Software Member agrees to be bound by the Stripe
Services Agreement which may be modified by Stripe from time to time. As a
condition of Software Member enabling payment processing services through
Stripe, Software Member agrees to provide accurate and complete information
about all transactions and authorizes this information to be shared as
required for the use of the payment processing services provided by Stripe.
Software Member will maintain all applicable PCI DSS requirements to the
extent the Software Member handles, has access to, or otherwise stores,
processes, or transmits the customer’s cardholder data or sensitive
authentication data, or manages the customer’s cardholder data environment
on behalf of a customer.
5. Handling of Donated Used Computers. PCs for People provides the tools to
accept and track donations of used computers (and related hardware). While
PCs for People believes that donations made in accordance with the
procedures set forth in this section will permit the donors of such
equipment to avail themselves of tax deductions for such donations, PCs for
People cannot and does not guarantee that applicable taxing authorities
will recognize those donations as tax deductible.
6. Qualified Recipients. As is used in this Agreement, the term “Qualified
Recipient” shall refer to individuals meeting the qualification criteria
specified by Microsoft’s Registered Refurbisher Program Agreement. Only
Windows computers with Citizenship licensing are subject to Microsoft’s
qualification criteria.
7. Donations and Sales Tax. Software Member is responsible for the accuracy
of system data and for complying with all local, state and federal
charitable rules, laws, requirements and regulations. Sales tax is to be
collected and remitted to the appropriate taxing authority by Software
Member for all applicable transactions, including but not limited to, any
accessories and internet hardware.
8. Term of Agreement. This Agreement shall be for the period of one year.
Thereafter, it shall renew automatically for consecutive one-year terms
upon payment by Software Member of the Member fee for the following year as
described in Paragraph 3a). After the initial term of this Agreement,
either party may elect to cancel this Agreement upon a 60-day written
notice. Upon termination or cancellation, Software Member access to all
software provided by PCs for People will be revoked and Software Member
shall cease to use any and all software provided by PCs for People. In
addition, Software Member shall return all copies of any software and
documentation to PCs for People within 14 days of the termination.
Notwithstanding the foregoing, this Agreement may be terminated by PCs for
People upon any material default by Software Member which is not cured
within 30 days after written notice from PCs for People.
9. Indemnity. Except as otherwise provided in this Agreement, the parties
agree to defend, indemnify, and hold each other harmless from all claims,
and expenses for any injury, death, property damage, any economic or
personal damages including loss of profits or revenues, business
interruption, loss of information or data or any other loss incurred by
them, or their employees, agents, customers or recipients, or others
injured as a consequence of their actions. Software Member agrees to
refrain from any action that may jeopardize PCs for People’s tax exempt
status, and agrees to indemnify PCs for People for any damages it may
suffer as a consequence of a breach of that obligation. PCs for People
agrees to refrain from any action that may jeopardize Software Member’s tax
exempt status, and agrees to indemnify Software Member for reasonable
damages it may suffer as a consequence of a breach of that obligation.
Actions that may jeopardize tax exempt status, as defined by the IRS, are
as set forth on Exhibit B to this Agreement.
10. Intellectual Property. Software Member recognizes that the PCP
Operations Model is the exclusive property of PCs for People, and agrees
that its use of the same and participation as a Software Member is subject
to PCs for People’s rights therein. In addition, Software Member and PCs
for People each recognize that the name of the other, and any other trade
names or logos used by the other are the exclusive property of the other,
and that any use thereof permitted under this Agreement is subject to those
rights, and that this Agreement does not confer any additional rights with
respect to such intellectual property. The authority of Software Member to
use PCs for People’s name or other intellectual property is limited to uses
authorized by or otherwise derived from this Agreement. In addition,
Software Member must not reverse engineer, decompile, or disassemble any of
PCs for People’s software, except to the extent expressly granted by this
Agreement or by applicable law notwithstanding this prohibition. Software
Member must not redistribute any software, tools, etc. to third parties.
11. Additional Matters. Software Member shall be entitled to purchase
additional products, tools, and PCs for People staff time. The items and
upgrades that are available are as set forth on Exhibit A to this
Agreement. Pricing and availability are subject to change from time to time
by PCs for People at its sole discretion. It is understood and agreed upon
that any products that are offered under this section shall be subject to
sales tax when sold by Software Member.
12. Notices. All notices and other communication required or permitted to
be given shall be in writing and shall be deemed to have been properly
given if (i) delivered personally; or (ii) mailed first class, postage
prepaid, or by registered or certified mail; or (iii) sent by recognized
courier service (e.g., FedEx, DHL, etc.) for delivery; as follows:
To PCs for People: PCs for People
Attention: Casey Sorensen
1481 Marshall Ave
St. Paul, MN 55104
Such notices shall be given to such other persons and addresses as a party
shall specify in writing, and shall be subject to change by notice given in
accordance with the terms of this section.
13. Miscellaneous Provisions. The parties further agree:
a) This Agreement represents the entire agreement between the parties
pertaining to its subject matter and supersedes all prior agreements
between the parties with respect to the subject matter.
b) This Agreement shall be binding upon and shall benefit the parties and
their respective successors, assigns, heirs and personal representatives.
c) This Agreement shall be governed by Minnesota law.
d) Whenever possible, each provision of this Agreement and each related
document shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Agreement or any related
document shall be prohibited by or invalid under applicable law, such
provision shall be ineffective only to the extent of such prohibition or
invalidity without invalidating the remainder of such provision or the
remaining provisions of this Agreement or such related documents.
e) This Agreement may not be and shall not be deemed or construed to be
modified, amended, rescinded, canceled or waived in whole or in part
except by written instrument signed by the parties.
f) All representations, warranties, covenants and undertakings contained in
this Agreement shall survive the closing of this transaction and the
delivery of any documents or instruments.
g) This Agreement may be executed by the parties in separate counterparts,
each of which, when executed and delivered, shall be an original, but which
together shall constitute one and the same instrument. In addition, the
email transmittal of a validly signed counterpart (or the signature page(s)
of an otherwise unmodified copy of this Agreement) shall be deemed
conclusive evidence of execution, whether or not the original signature
copies are ever produced or delivered.
h) The headings or captions of the sections set forth in this Agreement are
for convenience only, and are not part of this Agreement and are not to be
considered in its interpretation.
i) This Agreement shall be construed without regard to any presumption or
other rule requiring construction against the party causing this Agreement
to be drafted.