Wherever you come across the word “ACUTRACK”, “WE”, or “US”, do know that it is referred to as Acutrack. Inc. The terms and conditions in this Acutrack agreement signify your acceptance that all your works regarding the submission and production of your projects will abide by the rules that govern this agreement.
Regarding our printing services, we will hold the signature of an authorized individual on the document as a legally binding agreement. It will therefore be treated as valid and all copyright issues will be the full responsibility of the customer.
The prices that will be charged to the customer shall be subjected to the valid prices prepared by Acutrack. Inc. every quotation submitted will be put under inspection and will expire after 30 days from the date they were issued. The prices that will be issued will not include taxes, exercise, and sales – but the tax to be paid shall be duly fulfilled by the customer.
Customer’s Confidential Data:
When customers divulge private data to us at Acutrack for the sole reason of carrying out their services, Acutrack will not share such important information with a third party without carrying out due diligence of verification from the customer if such data is to be shared.
In this agreement, any information given to Acutrack to perform or work upon shall be authorized and backed up by this agreement so as not to allow any form of infringement on any trademark, copyright, patent, trade secret, contract, property right, or third-party rights of any kind, whether statutory, legal or equitable. The customer also warrants that Acutrack must perform all duties requested and does not violate any of the agreement stated. This agreement also supports that Acutrack and any of its employees, contractors, and agents will not be held responsible for any damage or loss incurred from carrying out their services.
Customer Limitation of Remedies:
All Acutrack customers shall hold their right to the intellectual properties of any materials sent to Acutrack for services such as printing, manufacturing, and fulfillment. A copy will always be sent across to the customer for re-adjustment. While carrying out this service, Acutrack shall not be held responsible for any loss or damage incurred during execution.
Acutrack and its customers will have an agreement on production schedules. There shall be no penalty regards delays due to natural effects such as riot, chaos, or disorder which is beyond what Acutrack can control. If any such cases arise, Acutrack shall therefore make amendments to the course by extending the dates.
All payment terms are Net 15. All print production projects are invoiced before the start of the project. All fulfillment invoices are generated at the end of the month. There are options to make payments via any of these channels; credit card, PayPal, or wire transfer at a fee. If your payments are repeatedly delayed, we have the option to auto-charge your account.
Subcontracting and Inactive Products:
To relieve Acutrack of some workloads, Acutrack can decide to subcontract some work to a service provider to make things fast. And regards inactive products, our stores are filled with goods, so we might likely return goods that are inactive for better management. Invoice defaulting There would be a 1.5% monthly charge for unpaid invoices until the payment is fully paid. If there is any overhead cost from Acutrack, you will be reimbursed as a customer. Work being done may be held at any time related to invoice or otherwise.
Abandoned Account and Liquidation:
If your account remains unpaid for a period greater than 60 days, then at our discretion we reserve the right to reclassify, without prior notice, your Account as an “Abandoned Account.” Any Account balance that isn’t paid for over 120 days will cause Acutrack to automatically deem it to be an Abandoned Account. Upon an Account becoming an Abandoned Account, all rights to the ownership of the Account Balance and inventory would then immediately be forfeited by you. Once reclassified as Abandoned, all inventory in the Account will no longer be unavailable to you, and liquidation proceedings would commence immediately. Consequently, you agree that the inventory is free and clear of any liability, and that you wouldn’t assume to have any recourse or liability. Therefore, you would have no rights to the proceeds of the liquidation. The owner of the Account would also be liable to pay for any pending Usage Fees that can occur during the liquidation process.
All fulfillment orders are shipped in real-time. Most fulfillment orders are completed within one business day, however, we may take up to 3 business days to ship an order depending on peak shipping times, holidays, etc. If there is any loss during processing, Acutrack will be responsible for any loss or delay in shipping.
Warehouse and Inventory Coverage:
There are so many activities being done when handling goods that could result in product damage. At Acutrack, we set a high standard on our warehousing and inventory coverage. Goods that are in our protection receive quality insurance coverage as long they are in our care. This is done because there is always a high level of product damage in our inventory center which is why we were able to put a unique coverage in our centers.
Every duty stamp and additional fees incurred during the transit of goods and services to the customer will be added to the expected invoice which would be sent to the customer for payment. Acutrack will always add up these additional fees to cover the cost of production to finishing for services that are far away from the commercial center.
Acutrack will not be held responsible if by any means the address provided by the customer is wrong. There should always be a means of verifying addresses before they are sent across to us. If addresses sent to us are incorrect, Acutrack has the right to add a correction fee to be redirected to the proper address. Regardless of your location, Acutrack can get across to areas and cities within our reach to make deliveries.
To guarantee your deliveries across borders, Acutrack has put in the international shipping routes to enable shipments to get across to you very fast. So, all custom delay that hinders delivery time frame has been erased. On our shipping policy, Acutrack will not be responsible for any loss incurred during your shipping.
The Acutrack Customs, Duties, and Taxes (“CDT”) on any international shipment are solely the duty of the customer and will be charged back to the customer regardless of whether they were or were not in the initial shipping cost, or whether the order was or was not delivered.
Order Changes & Refunds:
When it comes to changes and refunds, Acutrack will not refund any money to any order that has been made, because in carrying out these services, some materials have been bought to make the project a final wonder. So, you should make sure to verify all sizes and details of orders before they are sent across to us. We do not resale, so under no circumstances is Acutrack going to refund any money to anyone returning anything. On our changes policy, it is preferred you reach out to us within 24 hours if there is anything that needs to be changed. After an action has been taken, there would be no redo of any project that has already passed the time for correction and changes.
Limitation and Warranty:
Once items are being sent across in good condition to our customers, they are considered free from defects. If by any chance, Acutrack notices a defect in any of the products is sent across to you as our customer, Acutrack will therefore carry out the repairs and replacements for the items. There will be a refund if only the defects are found to be from us. This term and condition should be read appropriately to avoid any loss or damage of items. There should be a written notice within 30 days if any defect is found on items that have been delivered to its customers. If it goes beyond 30 days, Acutrack will not be responsible for any further damage found on an item that has been delivered. Therefore, Acutrack will be redeemed from such liability if any arises. The customer is responsible for returning to Acutrack any defective product that was sent by mistake, should Acutrack so request a replacement. No customer product(s) shall be returned to Acutrack without prior written return permission and authorization by Acutrack. On returning any item to Acutrack, the customer must obtain an RMA (Return merchandise authorization) number from Acutrack. It is expected that the RMA must appear on your address label. If any item is returned without the RMA number, Acutrack holds all rights to refuse to accept such item. Acutrack is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Security is taken seriously, so should you take your information seriously. Granting access to accounts credentials such as APIs, passwords, and tokens are things we hold dearly because we value our customer’s data. Even though we have the decryption keys, we maintain and store our information securely. Every employee in Acutrack has access to the HTTP raw files as part of their tools for daily support to customers. But we still keep every information of our customers safe with high-security processes only known to our backend management team to test run files for bugs and protection, not to be viewed in raw request logs. Wherever we find it helpful to use HTTPS or SSL, we use it. Assuming you are picking Acutrack for your satisfaction administrations, to the degree that Acutrack processes any Personal Information contained in User Content that is dependent upon the GDPR, for your sake, as an information exporter, you are consenting to our Terms of Service will be treated as the marking of information security.
Other General Terms:
(a) there would be no waiver for the parties involved in the change and modifications of dealings. including a course of managing or execution, will be powerful except if endorsed recorded as a hard copy and endorsed by the two players. Any disappointment or postponement by one or the other party in practicing any right in one or many cases won’t preclude a party from practicing it sometime in the future or from practicing some other right.
(b) This understanding, the relevant cost plans alluded to us, and any joined Production Details, which are all consolidated and made a section concerning this by this reference, override every single earlier understanding if any, whether composed or oral, communicated or suggested, between the gatherings regarding the topic contained in the agreement.
(c) Acutrack charges $49 per month for the use of the Acutrack Portal and all its features. If your average transactions per month are ten or more, Acutrack will waive this fee.
(d) Each party concurs that it has not depended on any portrayed, guarantee, or arrangements not unequivocally expressed in this understanding and that no oral articulation has been made to either party that in any capacity will, in general, defer any of the terms or states of this understanding. This understanding is s the last composed articulation of all terms of the arrangement, and it is a finished and restrictive assertion of those terms. No piece of this Agreement might be postponed, changed, or enhanced in any way at all besides by a composed instrument endorsed by properly approved officials of the gatherings.
(e)This understanding made here will be represented and governed as per the laws of the territory of California. If by any chance, there arises any dispute to this agreement that has been made, questions or legal action concerning this agreement will be slated out in the court of Alameda, State of California. The client consents to the location inside that area and submits to the rulings of the courts within the region.
The length of this agreement is provided by Acutrack. Inc will run consecutively for 12 months, after which shall be renewed automatically for another 12 months. The dissolution of this agreement will take effect if both parties terminate this agreement and it should be 30 days before the end of the agreement. One of the things that would lead to the termination of this agreement is only when there is a breach of contract. And in making this take effect, there should be a written notice of 20 days interval before the termination of the breach of the agreement. Based on unpaid accounts, Acutrack has the right to classify your account as dormant. This will be acted upon after 60 days of the account not being in operation. If such an account goes beyond 120 days, it will completely be said to be abandoned. Once this is confirmed, it will seem the account has been forfeited by you. The following things will take place once your account has been forfeited. Your inventory will become unavailable to be accessed by you. The process of liquidation will follow and any liability you have will be cleared. The pending fees for usage will solely be your responsibility before the liquidation follows.