Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sanho Corporation. The collective work includes works that are licensed to Sanho Corporation. Copyright 2001-2011, Sanho Corporation ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sanho Corporation or purchasing Sanho Corporation products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sanho Corporation or to purchase Sanho Corporation products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sanho Corporation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Sanho Corporation used in the site are trademarks or registered trademarks of Sanho Corporation. All other trademarks, service marks and trade names are trademarks or registered trademarks of their respective owners.

Warranty Disclaimer
This site and the materials are provided "as is" and without warranties of any kind, whether express or implied, however, products on this site are provided with warranties. To the fullest extent permissible pursuant to applicable law, Sanho Corporation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sanho Corporation does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sanho Corporation does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Sanho Corporation shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sanho Corporation has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Sanho Corporation product is mistakenly listed at an incorrect price, Sanho Corporation reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sanho Corporation reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sanho Corporation shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sanho Corporation without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Sanho Corporation may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sanho Corporation.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sanho Corporation products) shall be in the state or federal courts located in Santa Clara County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sanho Corporation products) must be commenced within one (1) year after the claim or cause of action arises. Sanho Corporation's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sanho Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sanho Corporation or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Sanho Corporation does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sanho Corporation is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sanho Corporation reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sanho Corporation in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Sanho Corporation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Sanho Corporation may link to sites operated by third parties. However, even if the third party is affiliated with Sanho Corporation, Sanho Corporation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sanho Corporation. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sanho Corporation seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Additional Terms & Conditions

  1. DEFINITIONS
    1. Sanho means Sanho Corporation, a Corporation incorporated in the State of Delaware, USA
    2. Contract means the contract for the sale of Products by Sanho Corporation incorporating these Terms and Conditions.
    3. Customer means the person who accepts a written quotation for the sale of the Products or whose order to purchase the Products is accepted by Sanho Corporation.
    4. Product(s) means the product(s) sold pursuant to the Contract as specified on Customer invoice.
    5. Price means the price for the Products.
    6. Third Party Products means Products not manufactured or assembled or authored by Sanho Corporation but are supplied to Sanho Corporation by third parties for resale by Sanho Corporation.
    7. Territory means the country in which the Products are to be used.

  2. TERMS AND CONDITIONS
    1. Sanho Corporation shall sell and Customer shall purchase the Products subject to these Terms and Conditions which are stated in the quotations and Invoices.
    2. The Products sold are subject to these Terms and Conditions which are incorporated into the Contract to the exclusion of any other stipulated by Customer unless otherwise agreed to in writing by Sanho Corporation. Customer acknowledges that he has read and understood the contents and agrees to be bound by these Terms and Conditions.
    3. A Contract shall come into force and constitute a legal binding contract when Customer's order is confirmed and accepted by Sanho Corporation or when Sanho Corporation's quotation is signed and-or accepted by Customer.
    4. The Contract constitutes the entire agreement between Customer and Sanho Corporation, and no modification, variation or amendments of the Terms and Conditions shall be binding on Sanho Corporation unless confirmed by it in writing.

  3. ORDERS, PRICE AND PAYMENT
    1. Payment for the Products shall be made in full before delivery of the Products to or at the place designated by Customer as evidence in Customer's invoice.
    2. Under no circumstances or for any reason whatsoever shall Customer be entitled to make any deductions set-off or withhold payments for the Products.
    3. All prices quoted in writing are valid for the period specified on the quotation-Invoice or until earlier acceptance by Customer.
    4. Unless otherwise stated, Sanho Corporation's prices do not include import or export fees, duties, tariffs or other charges. Any such charge will be shown in the Invoices where applicable. All costs incurred for shipping and handling will be borne by Customer.
    5. Customer is deemed to have given Sanho Corporation consent to pay any charges mentioned in Clause 3.4 on its behalf and undertakes to pay Sanho Corporation any such charges paid. It shall not be open for Customer to say that Customer is exempted from the payment of any such charge.
    6. Sanho Corporation's prices do not include country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies-taxes. Such taxes shall be borne by Customer and will appear as separate items on Customer's invoices, where appropriate. If sales to Customer are exempt from such taxes, Customer shall furnish to Sanho Corporation the legally required documentation, satisfactory to Sanho Corporation, to support the exemption at the time of order.
    7. Under the Contract, time for payment is of the essence. Sanho Corporation reserves the right to charge interest on all overdue sums on daily basis, (as well after as before any judgment) from due date of payment up to date of actual payment, both days inclusive at the rate of 15% per annum.

  4. TITLE
    1. Title to Products is retained by Sanho Corporation until the price is paid in full to Sanho Corporation.
    2. Title in respect of all software products will remain with the licensor(s) of the respective software products at all times.
    3. All software provided under these Terms and Conditions are furnished subject to the terms and conditions of the license agreement relating to that software. Software license agreements may be packaged with the software, may be separately provided to Customer for signature or may require on-screen acceptance. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Sanho Corporation does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
    4. Risk in Products shall pass to Customer upon delivery of Products to Customer.

  5. THE PRODUCTS
    1. Sanho Corporation reserves the right to revise and-or discontinue Products at any time without notice. Revised or updated Products may differ but will have the functionality and performance of the Products ordered. Customer acknowledges and accepts that the specification of Products delivered to Customer may differ from the specification of Products ordered.

  6. SHIPPING AND DELIVERY
    1. Sanho Corporation shall deliver the Products to the place of delivery designated by Customer and agreed to by Sanho Corporation as evidenced in Customer's invoice.
    2. Sanho Corporation may, deliver the Products by installments in any sequence. In such case, each installments shall be treated as a separate contract and no default or failure by Sanho Corporation in respect of any one or more installments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.
    3. Any delivery date quoted by Sanho Corporation are approximate only and shall not form part of the Contract. Sanho Corporation shall endeavor to meet the delivery date but will not be liable for any delay in delivery of the Products, howsoever caused.
    4. If Customer fails to take delivery of the Products or any part of them tendered in installments, or fails to provide any instructions, documents, licenses, consents or authorizations required to enable Sanho Corporation to make delivery on the due date, delivery shall be deemed to have taken place and Sanho Corporation shall be entitled upon giving written notice to Customer, to store or arrange for storage of the Products, whereupon risk in the Products shall pass to Customer, and Customer shall pay to Sanho Corporation all costs and expenses (including storage and insurance charges) arising from its failure-refusal.
    5. Rescheduling of delivery, change or cancellation of orders are all subjected to Administrative charges as shall be determined by Sanho Corporation.

  7. ACCEPTANCE OF PRODUCTS
    1. The Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract, unless Customer notifies Sanho Corporation to the contrary on the day of delivery and such notification is confirmed in writing within two days. Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Sanho Corporation.

  8. RETURN POLICY
    SUBJECT to Clause 7 and the provisions contained in this clause:
    1. If Customer is not satisfied with the purchase of a product, Customer should contact Sanho Corporation for a Return Material Authorization (RMA) request within 14 calendar days of the receipt of the product. Customer must return the product to Sanho Corporation within 14 calendar days of the issuance of the RMA.
    2. All products MUST: be 100% complete, be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product.
    3. Sanho Corporation may assess a 20% restocking fee on all returns unless such product is Dead on Arrival (a product that shows symptoms of a hardware failure, preventing basic operability, when Customer first use it after opening the box).
    4. Once order is confirmed or payment is completed, there will be a 5% cancellation fee for any order cancellation.
    5. Sanho Corporation will provide an exchange or offer a refund based on Customer original method of payment. Original shipping, handling and return postage charges will not be refunded.
    6. Sanho Corporation reserves the rights to refuse any returns that:
      (a) Has been specified as not be refundable once item package has been opened;
      (b) Is not returned in its original packaging;
      (c) Has missing parts; or
      (d) Returns received beyond 14 calendar days from the original shipment receipt date.
    7. If product arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If Customer accepts the package make sure it is noted on the carrier's delivery record in order for Sanho Corporation to file a damage claim. Save the product AND the original box and packing it arrived in, notify Sanho Corporation immediately. If Customer do not notify Sanho Corporation of damaged goods within the first 14 days of arrival, Sanho Corporation regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions.
    8. For products of intellectual property (e.g. software, programs etc.), no sales returns or refunds will be accepted once the authorization/registration code is issued.
    9. NOTE: Sanho Corporation recommends that Customer (1) use a carrier that offers shipment tracking for all returns and (2) either insure Customer's package for safe return to Sanho Corporation or declare the full value of the shipment so that Customer are completely protected if the shipment is lost or damaged in transit. If Customer choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, Customer will be responsible for any loss or damage to the product during shipping.

  9. WARRANTY & REPAIRS
    1. DEFECTIVE returns can be returned directly to Sanho Corporation within 1 year from the invoice date, at Sanho Corporation discretion for: repair, replacement or exchange.
    2. Product warranty covers all product manufacture defects and malfunctions due to no fault of the Customer.
    3. Customer is responsible for shipping charges on returned items, Sanho Corporation will be responsible for shipping charges on Customer's replacement or exchange item(s).
    4. Except for the warranties delivered with Products (if any) and the provisions contained in this Clause 8, Sanho Corporation disclaims all warranties, either express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.
    5. Prior to any returns, Customer should contact Sanho Corporation for a Return Material Authorization Number (RMA) request. Customer must return the product to Sanho Corporation within 14 calendar days of the issuance of the RMA.
    6. During the carry-in warranty period, where applicable, Sanho Corporation shall repair or replace Products shipped to Sanho Corporation's facility. Such Products shall be shipped with freight prepaid to Sanho Corporation in their original or equivalent packaging with the Return Material Authorization Number (RMA) clearly marked thereon.
    7. The risk of loss or damage during such shipment shall be borne by Customer.
    8. Sanho Corporation is under no obligation to accept any returned Product for warranty service without a RMA issued by Sanho Corporation. RMA shall be issued by Sanho Corporation to Customer upon Customer's request for warranty service.
    9. Customer acknowledges and accepts that Sanho Corporation shall not be responsible for any loss of data or software and that Sanho Corporation is under no obligation to advise or remind Customer on appropriate back-up procedures.
    10. NOTE: Sanho Corporation recommends that Customer (1) use a carrier that offers shipment tracking for all returns and (2) either insure Customer's package for safe return to Sanho Corporation or declare the full value of the shipment so that Customer are completely protected if the shipment is lost or damaged in transit. If Customer choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, Customer will be responsible for any loss or damage to the product during shipping.

  10. SUPPORT SERVICES
    1. During the warranty period Sanho Corporation shall provide at no charge to Customer support services for Products by telephone, facsimile or e-mail. Beyond the warranty period such services shall be charged at the then prevailing rates in Sanho Corporation's price list.
    2. Where on-site service is available in a territory it shall be provided by Sanho Corporation upon the terms and conditions then in force for such on-site service.

  11. LIMITATION OF LIABILITY
    1. Under no circumstances shall Sanho Corporation be liable for any direct, indirect, special, incidental or consequential damages whatsoever, including without limitation, damages for loss of data or profits, business interruption, loss of business information, and the like, arising out of the use or the inability to use Products, even if Sanho Corporation has been advised of the possibility of such damages.
    2. Customer shall indemnify Sanho Corporation and keep Sanho Corporation fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
    3. Sanho Corporation and Customer agree that Sanho Corporation will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered.
    4. Sanho Corporation assumes no liability or responsibility for any typographical, clerical or other error or omission in the content of its website, sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Sanho Corporation and shall be subject to correction without any liability on the part of Sanho Corporation.

  12. FORCE MAJEURE
    1. Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

  13. EXPORT RESTRICTIONS
    1. Customer acknowledges that the Products licensed or sold under the Contract may be subject to the export control laws of certain countries and agrees to abide by those laws and regulations. Customer further acknowledges that the Products may also be subject to the export laws and regulations of the country in which the Products are received, and that Customer will abide by such laws and regulations. Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that to determine the precise controls applicable to the products acquired, it may be necessary to refer to relevant laws and regulations.

  14. GENERAL
    1. In Territories where this is relevant, nothing in these Terms and Conditions shall affect the statutory rights of a Customer dealing with Sanho Corporation as a consumer.
    2. Sanho Corporation can at any time assign Contracts to any affiliate or related corporation. Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder without the prior written consent of Sanho Corporation
    3. If any provision of these Terms and Conditions or part thereof is rendered or declared invalid or unenforceable by any legislation or judicial authority, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
    4. The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
    5. These Terms and Conditions and the Contract shall be governed by and construed in accordance with the laws of California, U.S.A. and the parties agree to submit to the non-exclusive jurisdiction of the Santa Clara County, California courts.
    6. These Terms and Conditions shall be interpreted and construed in accordance with the English language.
(Your shopping cart is empty)