Terms & Conditions
1) Governing Provisions:
a) “LICENSOR” shall mean Beeond, Inc. (BEEOND), “BUYER” shall mean the person or entity defined in the online order or named on the face of a purchase order delivered to BEEOND.
b) “PRODUCTS” shall mean all software and/or services provided by LICENSOR to BUYER in the order. These terms and conditions (the “Agreement”) constitute an offer by LICENSOR to
provide the PRODUCTS, described in the order, to the BUYER, subject to the terms, covenants and conditions contained herein. This Agreement expressly limits acceptance to the terms and
conditions stated herein. Any additional or different terms or conditions proposed by BUYER are rejected unless expressly agreed to in writing by LICENSOR. No contract shall exist except as provided herein.
c) BUYER, by placing an order shall be deemed to have made an unqualified acceptance of this offer and it shall become the Agreement between the parties on the earliest of the following to
occur: (i) LICENSOR’S receipt of a copy of this Agreement signed by BUYER; (ii) BUYER’s payment of any amounts due under this Agreement; (iii) BUYER’s receipt of the Goods; or (iv) any other event constituting acceptance under applicable law.
d) BUYER, by placing an order and upon installation of the PRODUCTS, agrees to the terms of BEEOND’S END USER LICENSE AGREEMENT (EULA), which is available for review online and which much be “accepted” at time of PRODUCT installation.
2) Other Definitions:
a) In addition to any definitions contained herein, the following definitions apply:
i) “The Parties”, means both LICENSOR and BUYER.
ii) “Online” or “Website”, means the Beeond.net website.
iii) “In Writing”, means via email or any other accepted means of electronic communications.
iv) “EULA”, means BEEOND’s End User License Agreement.
v) “Order”, means BUYER’s on line order or purchase order.
3) Correspondence & Communications
a) Any correspondence between the parties shall be via email. BUYER may contact LICENSOR using the email: Sales@beeond.net.
a) The parties agree that no agreement or understanding to modify this agreement shall be binding upon LICENSOR unless approved in writing by LICENSOR’S authorized representative.
a) BUYER may request in writing that LICENSOR make a change to an order. LICENSOR will review any such request to change an order and will advise BUYER in writing of the revised order price. If BUYER and LICENSOR agree on any such change and the associated price, such agreement shall be set forth in writing, and agreed to by both parties and incorporated as an amendment to this Agreement.
a) The specific quantity ordered will be delivered in full. Any greater quantity is subject to BUYER’s rejection and return. BUYER shall notify LICENSOR via email should such an event occur.
a) Documentation may include manuals and other instructions necessary to use the PRODUCTS. Documentation will be made available to BUYER in electronic form and delivered via the internet.
a) Prices payable for PRODUCTS are those in effect at the time of order placement, unless otherwise expressly agreed. Prices may be indicated online or in other communications but the
authoritative price in the event of any discrepancy, is the price that is notified to BUYER on LICENSOR’S Order Acceptance email.
b) All general or special taxes, duties or penalties or other governmental charges fixed or imposed by any lawful authority upon the production, sale, shipment or delivery of the PRODUCTS shall be added to the price and paid by BUYER.
c) LICENSOR has the right at any time prior to our Order Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
d) LICENSOR also reserves the right to notify BUYER of any mistakes in Product descriptions or errors in pricing prior to product delivery. In such event if BUYER chooses to continue with
fulfillment of the order, BUYER shall acknowledge via email to LICENSOR that the PRODUCTS will be provided in accordance with such revised description or corrected price.
a) Unless stated otherwise, all transactions are in United States Dollars.
a) LICENSOR will charge credit or debit cards on submission of an online order and reserves the right to verify credit or debit card payments prior to Order Acceptance and issuance of license keys.
b) When BUYER purchases PRODUCTS via Purchase Order, LICENSOR will invoice BUYER for the quoted quantity, price and any applicable discounts.
c) Unless otherwise agreed by LICENSOR in writing, invoices shall be considered net payable within ten (10) days of the date of invoice.
d) LICENSOR reserves the right to DISABLE any license keys delivered to BUYER for non-payment.
a) LICENSOR will deliver PRODUCTS, (the software and license keys), via the internet. Delivery shall occur once online payment has been verified or payment of BEEOND Invoice has been
a) BUYER shall not be permitted to cancel any order without LICENSOR’S prior written consent. In the event of any cancellation of an order by BUYER, BUYER shall pay to LICENSOR its
reasonable costs and expenses, plus LICENSOR’S usual rate of profit for similar work.
b) Orders may be designated as non-cancellable and non-refundable (NCNR).
13) Property of the LICENSOR:
a) Unless otherwise agreed to in writing, all PRODUCTS, whether for evaluation or for final use, shall be and remain the property of LICENSOR.
14) Force Majeure:
a) LICENSOR shall not be liable for failure to deliver or delay in delivering any PRODUCTS, if such failure or delay is the result of any cause beyond the control of LICENSOR including, but not limited to, fires, floods, Acts of God, strikes, casualties, delays in transportation, or total or partial shutdown of LICENSOR’s plant for any cause, war, riot, explosion, accident, flood, sabotage, lockout, injunctions, compliance with governmental laws, rules, regulations, widespread raw material shortages, orders or action or any other cause beyond the control of LICENSOR.
15) Warranties and Remedies:
a) BUYER agrees to the Warranties and Remedies as defined in SECTION 4, of LICENSOR’S EULA.
16) Limitation of Liability:
a) BUYER agrees to the Limitation of Liability terms as defined in SECTION 5, of LICENSOR’S EULA.
17) Nondisclosure & Confidentiality:
a) BUYER agrees to the Nondisclosure terms as defined in SECTION 6.1 of LICENSOR’S EULA.
a) BUYER agrees to the Assignment terms as defined in SECTION 6.2 of LICENSOR’S EULA.
19) Governing Law:
a) This Agreement shall be construed, governed, and enforced by and in accordance with the internal laws of the State of North Carolina. Any dispute arising out of this Agreement, the parties shall try to settle amicably. Each party expressly consents to the jurisdiction of the Superior Court of the State of North Carolina should litigation arise between the parties.
a) Questions on these Terms & Conditions of Sale or BEEOND’S EULA, or if BUYER wishes to contact BEEOND for any reason, please send an email to Sales@beeond.net.