SimplyNuc DaaS Refresh Program - Consumer Agreement Terms & Conditions

Effective August 17, 2018

Benefits Summary(1)

Thank you for your interest in the SimplyNuc DaaS Refresh Program for Consumers.  The program is designed exclusively for consumer customers located in the United States.  The SimplyNuc DaaS Refresh Program provides customers with support services, discounts and other benefits.

The SimplyNuc DaaS Refresh Program also provides program participants with access to the program Agreement, where you can use the flexibility of the Agreement(2) for certain equipment (including upgrade and purchase options).  As a SimplyNuc DaaS Refresh Program member/participant, you will be entitled to the following:

·      Support Services.  As a benefit of participating in the SimplyNuc DaaS Refresh Program you will receive support services at no additional cost, such as:

o   Consultative services

o   Support available from SimplyNuc at: https://simplynuc.com/support/

o   SimplyNuc customer service: 512-766-0401 ext.1103 or [email protected]

o   For support related to payments and billing: [email protected]

o   Support services are available during normal business hours

Program Overview

The following is a summary of the agreement terms associated with the SimplyNuc DaaS Refresh Program:

·      Eligibility.  SimplyNuc DaaS Refresh Program is limited to consumer customers located in the United Stated (excluding Puerto Rico) only.  Participation is subject to credit approval.

·      Price.  Monthly price(3) information can be found at: https://simplynuc.com/daas/

·      Minimums.  Program participants can select single units through the SimplyNuc DaaS Refresh Program.

·      Agreement Term.  Program participants can select terms of 30 months.  At the end of the agreement term, program participants have the option to return the equipment or exercise the purchase option.

·      Purchase Option/Buy-Out.  Program participants may exercise purchase option (buy-out the agreement).  Just pay all the remaining payments remaining on the agreement. Early Purchase Option (EPO) is available with terms dependent on the value of the equipment.  EPO option details are provided in detail in each agreement.

·      Upgrade.  Program participants may request to upgrade their device/accessory package after successfully making 24 payments on the 30-month agreement.

·      Returns and Cancellations.  Returns and cancellations are subject to SimplyNuc’s return policy.  All original components must be included in a return.  In the event of an agreement cancellation where a member does not return all original components, such member will be treated as exercising the purchase option under the agreement terms and will be billed the purchase option fee by LiftForward.

·      Software License.  Additional software licensed from LiftForward will be subject to the terms of the applicable license agreement with LiftForward. 

SimplyNuc DaaS Refresh Program

General Terms

·      Terms of Use and Sale/Privacy.  By placing an order under the program, customers agree to the terms set forth in the Terms of Use and Sale and LiftForward’s Privacy Statement.  Program terms may also apply. 

·      Purchase Limits and Quantity.  LiftForward and/or SimplyNuc reserve the right to change the price for products in the program at any time prior to a customer placing an order.  If after an order has been placed, LiftForward and/or SimplyNuc considers that a pricing error has been made, LiftForward and/or SimplyNuc reserves the right to cancel the order.  Customer will be fully refunded if the customer has paid for the order.  LiftForward and/or SimplyNuc reserves the right at any time after receiving your order to accept or decline your order for any reason.  If LiftForward and/or SimplyNuc cancels an order after you have already been billed, you will be refunded the billed amount.

·      No Purchase for resale.  The Program sells and ships products to end-user customers only.  You may not purchase products from the program for resale, and we reserve the right to refuse or cancel your order if we suspect resale activity.

·      United States Only.  The SimplyNuc DaaS Refresh Program is valid only in the United States (not including Puerto Rico).

·      Audit Rights.  LiftForward and/or SimplyNuc reserves the right to refuse an order without satisfactory proof of identification in relation to the eligibility criteria.  LiftForward and/or SimplyNuc may audit the purchases of customers to ensure all purchase/agreement conditions have been observed.

[1] This information is provided for promotional purposes only and does not represent a commitment to finance.  Nothing contained herein is meant to constitute tax or account advice.  SimplyNuc DaaS Refresh Program terms and offers are subject to change.

[2] It is the responsibility of each program participant to determine the tax and accounting consequences of participating in the SimplyNuc DaaS Refresh Program.  Your ability to participate in the program is subject to credit approval by LiftForward and your execution of all required leasing/agreement documentation.  No equipment security deposit is required.  Customer is responsible for insurance and any repairs.  If service or agreement is cancelled early, the remaining payments may become due immediately and customer must return the device or pay the purchase option fee.  Participation is subject to device availability and monthly payments may vary.

[3] The final monthly rate will vary with the device and options selected