- TERMS AND CONDITIONS apply to all In-House Solutions Inc. (“In-House”) products and services excluding contract services or other products/services covered under separate agreements. These Terms and Conditions supersede any additional or conflicting terms appearing on a Purchase Order. In-House reserves the right to amend our Terms and Conditions from time to time at our sole discretion. For the latest version of our Terms and Conditions please go to www.inhousesolutions.com/company/terms-and-conditions. Submission of a signed quote or purchase order constitutes an acceptance of these Terms and Conditions.
- LICENSED PRODUCT Where a product is a licensed product governed, under a software license agreement (SLA) or end user license agreement (EULA) with a third party, (“License” or “Licensed Product”) then you are also agreeing to the third party’s additional terms and conditions. Refer to the relevant third party’s EULA or SLA for important terms and conditions related to the use, including any restrictions, exclusions or limitations, of the Licensed Product. For clarity, these Terms and Conditions may not cover the extent of policies that are set forth by the third party’s terms and conditions and are subject to change at its sole discretion.
Customer acknowledges that failure to pay in full for a Licensed Product will result in the termination of its License and subsequent product expiry for which the Customer may or may not receive prior written notice. The Customer is responsible for notifying In-House of any delays in payment prior to software expiry.
- PRICING Unless otherwise stated on the quote, all prices are quoted in Canadian Dollar Funds (CAD) and are exclusive of taxes, shipping and handling, which will be added to the invoice. Any discrepancies with invoices must be addressed to [email protected] within 30 days from date of invoice, otherwise invoiced amounts stand.
- QUOTE VALIDITY The quote is valid for 30 days from the date of issue unless otherwise explicitly stated on the official quote. For example, a limited time offer with promotional pricing may have a validity date earlier than 30 days from the date of quote issuance. Any revisions made to a quotation supersede any quote sent previously and the prior quote will be considered void unless officially reinstated by an authorized In-House employee.
- ORDER ACCEPTANCE Orders will only be accepted with an official purchase order and/or copy of the valid signed quote. Verbal or email confirmation will not be accepted.
Purchase orders submitted in response to an In-House quote may be sent by email or fax. These Terms and Conditions shall supersede any additional or different terms shown on a Purchase Order unless otherwise explicitly stipulated on the quote. Purchase orders are non-cancellable.
- PAYMENT AND PAYMENT TERMS Payment terms will be indicated on the quote. The Customer agrees to be subjected to a credit check prior to being assessed and approved for credit limit and/or payment terms. Further, the Customer consents that In-House may conduct, at its own discretion, occasional credit checks throughout the duration of the Customer relationship to ensure continued credit worthiness. In-House reserves the right to revoke credit limits or payment terms or to mark a Customer’s payment status as prepaid.
If the Customer fails to make payment of any sum due by the due date on the invoice, In-House reserves the right to suspend services, including technical support services, revoke access to software, etc. until all such sums have been paid in full to In-House.
- METHOD OF PAYMENT In-House accepts payment in the order of preference of 1. Electronic Funds Transfer (EFT), 2. e-transfer, 3. credit card (Mastercard, Visa), 4. Wire Payment, 5. Cheque. Paypal is accepted for online purchases made through the eMastercam site only.
When sending payment by EFT/e-transfer/wire payment, please notify In-House of the payment by sending an email to [email protected]. Charges for wire transfers are to be paid by the Customer.
Cheques must be payable to In-House Solutions Inc. and delivered to its headquarters at 240 Holiday Inn Drive, Unit A, Cambridge, ON, N3C 3X4.
In-House reserves the right to alter the allowed methods of payment at any time.
- FEES Overdue accounts may incur interest at the rate of 24.0% per year. Past-due payments on fixed payment plans may incur a 15% penalty on the balance due. In addition to paying interest on past due amounts, the Customer also agrees to pay any collection, legal and/or court fees incurred by In-House to collect monies owed.
In the event the Customer’s payment cannot be honoured or properly transferred due to the non-availability of funds, including NSF cheques, all expenses In-House incurs may be charged back to the Customer, in addition to a $50 CAD handling fee for each instance.
- RETURN/CANCELLATION POLICYAll return requests must be submitted in writing to In-House and are subject to approval by an authorized In-House employee as well as by the relevant third party, if any. As such, all return requests are subject to refusal.
Returns may be subject to a restocking fee starting at 20% and up to 50% of the value, the amount of which will be advised in writing prior to In-House approving to accept a return.
Where the return of goods is approved by In-House, these goods must be returned in original condition and like-new, or equivalent, packaging with a traceable method at the Customer’s expense. The Customer will provide the tracking number to In-House upon request. Replacement goods shipped by In-House will be sent using a trackable service.
LICENSED PRODUCTS Requests for return of Licensed Products must be submitted to In-House within 15 calendar days of the date of order submission or order prepayment, whichever is earlier.
BOOKS Returns of books will be considered only for the current version and the immediately preceding version of books. All previous versions are sold “As Is” and will not be eligible for return. Any request for return must be made within 30 days of the purchase. Returns will only be processed that are returned unopened, in original condition and accompanied with a valid Return Material Authorization (RMA) number included on a copy of the purchase receipt or packing list.
EBOOKS AND ECOURSES Unfortunately, due to the nature of eBooks and eCourses, we cannot accept any returns.
- MAINTENANCE PROGRAM POLICIES
- In-House provides maintenance (“Maintenance”) on a variety of products which may be subject to supplier inclusions and restrictions and is subject to change at the supplier discretion.
- Maintenance can only be added to products at a current version. New releases, patches, service packs, and all enhancements released during the Maintenance period are available to all customers on Maintenance only.
- Expired Mastercam Maintenance: Where Mastercam Maintenance has expired for longer than six (6) months, the customer will be given the option to have the expiration date reset to the end of the month in which the current order is placed by paying a reinstatement fee. If a new major release has been introduced since the Maintenance contract expiry, the License is subject to an update fee. Maintenance is mandatory to add any products to a License with an existing Maintenance contract.
- SUPPORT SERVICES Unless otherwise specified in the quote, the following terms apply to Support Services. All time expended on the Support Services, whether at in In-House offices, at the Customer’s premises, or elsewhere, and including travel time, shall be chargeable. The hourly rate will be based on the departure time from the designated In-House office location in the region where the Support Services are provided, to the Customer’s site and back, and does not include mileage. Mileage will be applied for each technician based on the distance from the designated In-House office location to the Customer’s site. For all on-site visits, our technician will provide a Service Work Order detailing tasks performed, and time spent. At the end of the on-site visit, an authorized signee with authority to bind the Customer must sign off the Service Work Order. Service Work Orders are invoiced upon sign-off, with payment due upon receipt and may include charges related to software, hardware and/or services. All requests to change a scheduled appointment for on-site support must be made at least one (1) complete business day in advance. For appointment cancellations refer to section 17.
During onsite services, the Customer is responsible for providing a safe workplace environment for the In-House technician. The Customer is also responsible to provide a CNC machine operator to setup and operate the machine when required, as In-House technicians are not permitted to operate the Customer’s CNC machine.
In the event that In-House provides recommendations of hardware specifications or required resources that the Customer does not follow, and In-House subsequently determines it is unable to complete the installation using the out-of-specification hardware or without the required resources, the Customer shall be billed for any additional travel and time spent on site required to support, including subsequent visits necessary to complete the installation.
- EMAIL & PHONE SUPPORT All requests for support must go through either email at [email protected] which will open a support ticket, or by phone:
Toll Free (North America): +1 (800) 529-5517
Canada: +1 (519) 658-1471
Technical support is available in both English and French. Le soutien technique est disponible en anglais et en français.
Maintenance customers receive priority support. In-House endeavours to accommodate each client at the time of the call or email, however response times are subject to service request volume.
Non-maintenance customers may purchase a 1 hour minimum of Phone and Email support at the current non-maintenance hourly rate and prorated amounts thereafter. Credit card is required to be provided in advance.
Only post processors and setup sheets purchased from In-House are eligible for support
- MASTERCAM DETAILS – SYSTEM REQUIREMENTS Customer is responsible to ensure that they comply with the current Mastercam system recommendations posted at https://www.mastercam.com/support/technical-support/system-requirements/
Failure to comply with such requirements may limit the functionality of the software or ability of In-House to provide support.
- HARDWARE WARRANTY Subject to availability of Manufacturer’s warranty.
- TRAINING In-House recognizes the importance of training in contributing to an optimal user experience of the software products and recommends that training be completed within three months (90 days) of its purchase.
Schedule Changes/Cancellations: In-House endeavours to provide advance notice of at least 3 business days to the Customer in the case of schedule changes or class cancellations. However, due to circumstances beyond our control, this may not always be possible. In-House reserves the right to amend the training schedule at our sole discretion and to notify the Customer accordingly.
Cancellation Policy: Classroom: Advanced written notification to withdraw from classroom training is required at least five (5) business days prior to the start of the class. A non-refundable fee of $200 CAD will be invoiced for any no-shows or classes cancelled without proper notice.
Onsite: Advanced written notification to cancel scheduled onsite training is required at least two (2) business days prior to the start of training. A non-refundable fee of $200 CAD will be invoiced for any cancelations without proper notice. Rescheduling fees incurred by In-House to reschedule may apply as per section 16.
- TRAVEL CHARGES In the event an In-House technician or trainer arrives onsite at the Customer location and the Customer is unable to proceed with the scheduled appointment, then mileage for the return trip will be charged to the Customer. In-House endeavours to make best efforts to reschedule the appointment though any fees incurred by In-House related to rescheduling (e.g. flights, accommodations, car rentals, etc.) will be charged to the Customer in addition to the new booking charges.
- POST PROCESSOR The following additional terms apply to post processor (“Post”), which is a Licensed Product and not a sale. The Customer is granted a limited and revocable license (the “License”) to download, install and use the Post and its accompanying documentation, if any, solely in accordance with these Terms and Conditions. All rights, title, proprietary ownership of and interest in all associated intellectual property rights, including but not limited to, worldwide patent, trademark, copyright and trade secret rights of the Post and its source code, regardless of the form or media in or on which the original or other copies may subsequently exist are retained by In-House, or where In-House is a reseller of the Post, by the rightful owner of such intellectual property rights.
Machine Simulation is set up based on third-party provided software and is integrated into Mastercam. As such, In-House is not responsible for changes or updates to that product and cannot guarantee future compatibility. The Customer is responsible for providing machine models for simulation orders, and the Customer must be lawfully and rightfully entitled to share the machine models.
A Post may only be binned to a SIM/License that is licensed to the Customer.
The Customer assumes all responsibility for testing, inspecting and verifying the Post in accordance with industry best practices and has sole responsibility for ensuring adequate protection and backup of data and/or equipment used in connection with the Post and will not make a claim against In-House for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the Post. Any use by you of the post is at your own risk. In-House is not liable for any Post modifications done by the Customer or a reseller on a Post provided by In-House, and In-House reserves the right to refuse to sync the changes or maintain copies if In-House deems the modifications to be incorrect or unsafe.
Requests for return of an un-timed Post will not be approved by In-House. Request for returns of a timed Post must be made within 15 calendar days of Post delivery and is subject to approval by In-House. Any approved return of a timed Post is subject to withholding a fee of 50% of the Post cost.
ADDITIONAL OR DIFFERENT TERMS FOR INTERNATIONAL POSTS (OUTSIDE OF CANADA)
International Posts are quoted in US Dollars (USD). All other pricing terms per section 3 apply.
Where a SIM/License is licensed by a reseller located in a geographical territory outside of Canada, that reseller must purchase the necessary Post from In-House.
Post support for international resellers/Customers must go through email at [email protected]. Maintenance customers receive priority support. In-House endeavours to accommodate each client at the time of the call or email, however response times are subject to service request volume.
Post maintenance period runs for a period up to 1 year, or to the existing Mastercam Maintenance date, whichever comes first.
Post maintenance includes access to support and updating the Post to align with Mastercam updates. Please note that Maintenance Customers receive priority support over non-Maintenance Customers. Non-maintenance Customers will be supported via phone and/or email and will be billed at a prorated hourly rate.
Post non-maintenance customers may purchase a minimum of 1 hour of support at the current post non-maintenance hourly rate, and in prorated increments thereafter. Credit card is required to be provided in advance.
International Posts and the corresponding support correspondence will be provided in English.
- MUTUAL INDEMNITY Subject to any limitations, each Party shall indemnify and hold harmless the other Party from and against all claims, damages, losses, and actions, including reasonable legal fees, arising out of damages or liabilities for bodily injury, including death, or damage to property, caused by a negligent act, strict liability, breach of contract, error, or omission of the said Party or any of its agents, subcontractors, or employees arising from the sale of products and/or services in relation to these Terms and Conditions.
- LIMITATION OF LIABILITY In no event will In-House be liable under these Terms and Conditions for any damages other than the Customer’s direct damages to the extent arising from In-House’s gross negligence or willful misconduct and, the aggregate liability of In-House shall be limited to payment received by In-House from the Customer for the products and/or services.
All claims for damages hereunder must be made within six (6) months from the time the Customer became aware of the event that gave rise to the claim. No claim may be brought against In-House, whether in contract, tort or otherwise, later than the later of: (a) one (1) year from the event that gave rise to the claim in question, or (b) two (2) years after the product/software was delivered or services were completed or terminated under these Terms and Conditions.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED IN THIS SECTION 19, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT shall In-House be liable under these Terms and Conditions for any damages whatsoever, including without limitation: indirect, special, incidental, punitive, exemplary or consequential damages; or injury to person or property, or damages for the loss of use or opportunity, or goodwill, or business profits, revenue arising directly or indirectly from any contractual breach, fundamental or otherwise; or damages arising from work stoppage, data loss, hardware, computer failure or malfunction; or damages arising directly or indirectly from any failure of the Customer to inform, provide complete and/or accurate information, data or specifications; to perform recommended testing and/or inspections in accordance with industry best practices; or to follow recommendations or advice provided by In-House; WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, BASED ON BREACH OF CONTRACT OR TORT, AND WHETHER OR NOT IN-HOUSE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN-HOUSE SHALL ONLY BE LIABLE TO THE CUSTOMER AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, AND SHALL HAVE NO OTHER OBLIGATION, DUTY OR LIABILITY TO THE CUSTOMER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY CUSTOMER INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY.
- LAWFUL USE OF INTELLECTUAL PROPERTY The Customer agrees to lawfully use the products and services in accordance with applicable intellectual property laws including, but not limited to, copyright, patents and trademark. Customer agrees not to copy, reverse engineer etc. any tangible or intangible product. In-House reserves the right to take legal action and seek remedies for intellectual property violations.
- LANGUAGE In the event of translation of these Terms and Conditions, this English version shall prevail.
- GOVERNING LAW These Terms and Conditions shall be governed and construed in accordance with the laws of Ontario (and the laws of Canada applicable in connection therewith).
- DISPUTES The Federal and provincial courts located in Ontario shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, these Terms and Conditions.
- NO WAIVER No waiver by either party of a breach or omission by the other party under these Terms shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. Any waiver by a party of a particular breach or omission by the other party shall not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
- SEVERABILITY If any of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of these Terms and Conditions will be enforced as if such provision was not included.