CGAtlantic’s Privacy Statement
Anyone can visit CGAtlantic on the World Wide Web without providing any personal information about yourself. However, there are times when we may request information from you solely to conduct business with you
You may choose to give us this information such as your name and address or e-mail address to allow us to perform certain functions such as correspond with you, to process an order, or to contact you. If you give us personal information about somebody else, we will assume that you have their permission to do so.
Additionally, to conduct business with you we may share information, with others, for instance, financial institutions, shipping companies, postal or government authorities (for example, Customs authorities) involved in fulfillment.
Human Resources information In connection with a job application or inquiry, whether advertised on a Web site or otherwise, provided to us about yourself, such as a resume or curriculum vitae may be used this for the purpose of employment consideration. Except where you tell us not to, we will keep the information for future consideration.
Service Quality Monitoring may be performed when calling us or our calling you. It is our practice to monitor and in some cases record such calls for staff training or quality assurance purposes.
Marketing Use of the information you provide to us may also be used by us and selected third parties for marketing purposes. Before we use it, however, we will offer you the opportunity to choose whether or not to have your information used in this way.
Online Advertising may come from businesses to help us deliver interactive on-line advertising such as banner ads. These companies may collect and use information about customers to help us provide better products and services.
Disclosures required by state or Federal Law will be done pursuant to judicial or other government subpoenas, warrants, or orders.
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CGAtlantic's Terms and Conditions (V7.5)
The following Terms and Conditions are referenced in and apply to all authorized CGAtlantic contracts or Purchase Orders unless otherwise indicated and approved by an officer in the contract or Purchase Order.
Disclaimer of Warranties. For any approved contract or Purchase Order the buyer acknowledges and agrees that seller (CGAtlantic) is not the manufacturer of products listed in Purchase order or bill of sale, and seller hereby disclaims all representations and warranties, direct or indirect, expenses or implied, written or oral, in connection with these products and related professional services (whether purchased or leased by buyer from seller or another), including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. Seller to the extent permitted by law assigns to buyer any and all manufacturers' warranties relating to the products purchased by buyer, and buyer acknowledges receipt of any and all such manufacturers' warranties. This includes all Hosting products and services.
Web Site, Data Backup and Application Hosting. Hosting is defined as where CGAtlantic saves and or runs all or parts of applications, data and any resource necessary to run over a network or computer system. These hosting services are done by CGAtlantic on a best effort basis only. Buyer understands that Services may be temporarily unavailable for scheduled or unscheduled maintenance and for other reasons within and outside of our direct control. Under no circumstances do any such errors, delays, interruptions in services or loss of information nullify or modify these terms and conditions. Buyer represents that neither buyer, its agents nor employees shall utilize any of the services described herein for illegal purposes; transmission of threatening, obscene, or harassing materials; or interference with or disruption of network users, services or equipment. It is assumed that the information and resources accessible on or through any of the Services are private to the individuals and organizations which own or hold rights to those resources and information, unless specifically stated otherwise by the owners or holders of those rights. It is therefore not acceptable for an individual to use any of the Services to access information or resources unless permission to do so has been granted by the owners or holders of rights to those resources or information.
Buyer represents and warrants that: (1) That the name which it has requested to register (if applicable), or the name that Buyer has registered, on its behalf with the Internet Network Information Center (Inter NIC) does not and will not infringe or conflict with any trademark, trade name, service mark or any proprietary right of any third party; and (2) That Buyer will not use any of the services described herein in any way or engage in any conduct which will (whether intentionally or not) infringe on any copyright, trademark, service mark, trade name, patent, trade secret or other intellectual property or proprietary right or right of publicity or privacy of, or libel, slander, defame or disparage, any third party ("Third Party Claims"), or create risk of liability for with respect to any Third Party Claims or cause CGAtlantic to become a party to any action or proceeding involving Third Party Claims.
Limitation of Remedies. Buyer acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software including manufacture or design, shall be against the manufacturer of the equipment or software under the manufacturer's warranties and that seller shall have no liability to buyer in any event for any loss, damage, injury, or expense of any kind or nature related directly or indirectly to any equipment or software or service provided hereunder.
Without limiting the above seller shall have no liability or obligation to buyer, in either contract or tort, for special incidental, or consequential damages of any kind incurred by seller, such as but not limited to, claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by buyer directly or indirectly resulting from or related to any equipment or service or software described hereunder, whether or not caused by seller's negligence to the full extend same may be disclaimed by law, any reference to equipment or software in this paragraph shall be deemed to apply to all equipment or software purchased by buyer or leased by buyer from seller or another lessor. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above exclusion may not apply. You may also have other legal rights which vary from state to state.
Entire Agreement. This writing, in combination with Seller’s Software License Agreement, Seller’s Service Agreement, or Seller’s other contractual forms, as and if the case may be, constitutes the final written expression of all the terms of this Agreement and they are a complete and exclusive statement of those terms. No agent, employee or representative of Seller has any authority to bind the Seller to any affirmation, representation, promise, or warranty concerning the goods described on this agreement. Any and all representations, promises, warranties, or statements by Seller’s agent, employee, or representative that differ in any way from the terms of this written Agreement shall be given no force or effect.
Security Interest. Buyer agrees that to secure payment of the purchase price of the goods described here, the Seller has retained title to the goods and has and shall continue to have, until the purchase price is paid in full, a purchase money security interest in such goods and in all substitutions thereof or therefore or any part thereof, and in all equipment, accessories, parts and supplies at any time installed or added or affixed to such goods. The Buyer hereby appoints the Seller as its attorney-in-fact to execute all necessary documents, including the filing of UCC statements, to perfect the Seller’s security interest in the equipment, accessories, parts and supplies.
Acceptance. This order, if taken in connection with a Software License Agreement, Service Agreement, Lease Agreement, Regional or National Contracts, or Seller’s other contract form with terms differing from standard Seller policy, as the case may be, have been accepted by an authorized representative of the Seller at the Seller’s home office. In every other case, this Order shall become binding when it has been authorized in writing by the Seller.
Taxes. Any tax imposed by federal, state, or other governmental authority on the sale of the goods described herein shall be paid by Buyer in addition to the purchase price.
All Modifications to be in Writing. This Agreement may be modified or rescinded only by writing signed by the fully authorized agents of Seller and Buyer.
Waiver. No claim nor right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
CGAtlantic Staff. For a period of one (1) year after the resignation, termination or completion of any project buyer agrees not to recruit, hire, engage or discuss employment with, or otherwise utilize the services in any capacity of, any person who shall have been an employee of CGAtlantic; or induce any person who shall have been an employee of CGAtlantic to terminate his/her relationship with that party without prior written consent from CGAtlantic. The agreed upon penalty for doing so without written consent of CGAtlantic shall equal $250,000 or 2X the annual value of this contract or purchase order whichever is greater.
Default. If Buyer fails to make payments as agreed, or if Buyer becomes insolvent, ceases to do business as a going concern, makes an assignment for the benefit of creditors, or if a petition for a receiver or in bankruptcy, or for an arrangement or reorganization is filed by or against Buyer, or if any property of Buyer is attached, or Buyer breaches any of the terms or conditions of this Agreement, the entire unpaid balance shall at once become due and payable with interest at the highest lawful rate from the date of this Agreement at the election of Seller. Seller may without notice or demand, by process of law or otherwise, take possession of the goods free from all claims of the Buyer and retain all payments made by the buyer for the reasonable rental of the goods. The Buyer waives all claims and rights of action for trespass or damages by reasons of such entry, taking of possession and removal. The remedies provided in this paragraph are in addition to those provided under the Uniform Commercial Code.
Attorney’s Fees. In the event that Seller finds it necessary to enforce any right under the Agreement, Seller shall be entitled to reasonable attorneys fees and court costs.
Severability. If any provision or clause of this Agreement or application thereof to any person or circumstance is held invalid or unconscionable such invalidity or unconscionability shall not affect other provisions or applications of the Agreement which can be given effect without the invalid or unconscionability provision or application, and to this end, the provisions of this Agreement are declared to be severable.
Effect of Headings. The subject headings of the paragraphs of this Agreement are included for the purpose of convenience only, and shall not affect construction or interpretation of any of its provisions.
Term of Agreement. The term of any CGAtlantic agreement is 12 months. This agreement may be terminated by either party provided thirty days written notice is provided for and all payments remaining for the 12 month period have been paid in full and all outstanding invoices have been paid in full. If this agreement is not terminated in writing by either party thirty days prior to the end of its term it renews for another term at the prevailing labor rates and under the same terms and conditions. CGAtlantic will notify customer of new labor rates in writing 30 days prior to any change.
Payment Terms for product purchases: 50% due upon Acceptance, 50% due upon delivery.
Payment Terms for Professional Services: Professional Services will be invoiced as incurred and due upon receipt of invoice.
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