Installation Process

Details Our Installation Process and Added Value. Linuxrealm tests your system(s) and offers a "30 Day Satisfaction Guarantee" on our configurations.

 



 

Service Agreement

 

LINUXREALM LLC Services Agreement - 2011

LINUXREALM LLC (LINUXREALM LLC) Terms and Conditions of Sale

 

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, OR YOUR BUSINESS. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

 

These terms and conditions ("Agreement") apply to your purchase of computer service(s) and/or related products and/or services and support sold in the United States ("Product") by LINUXREALM LLC. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify LINUXREALM LLC immediately and return your purchase pursuant to LINUXREALM LLC’s 30 Day Satisfaction Agreement(PDF), and subsequent Return Policy therein. (See: http://www.LINUXREALM LLC.com/Contats/ for our contact information.) In the event that you are not satisfied based on the 30 Day Satisfaction Agreement, simply reinstall your system(s) with your system disk, or your original software. Since LINUXREALM LLC is not an inventory firm, and does not sell any physical products, therefore, return(s) will be funded by check via mail, and will not be credited back to your credit or atm account, but you will be sent a physical check stating original amount charged, and a 1-time return charge of $5.00 US Dollars plus the deduction of any and all shipping costs we used, purchased for you. If customer physically returns a system(s) without prior knowledge to LINUXREALM LLC, a physical mail charge will be applied to returning the system(s) to originating address. PLEASE DO NOT RETURN ANY SYSTEM(S) TO LINUXREALM LLC TRANSITION CENTER OR CHARGES WILL APPLY. PLEASE CONTACT LINUXREALM LLC UNTIL WE RESPOND FIRST VIA EMAIL OR BY PHONE OR WITH AUTHORIZATION PRIOR TO ATTEMPTING TO SEND ANY OF YOUR EQUIPTMENT. IF AGREED. Returned, Product(s) in the boxes in which they were shipped orignially.
THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH LINUXREALM LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER LINUXREALM LLC TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

 

1. Other Documents.

This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and LINUXREALM LLC . If you do not receive an invoice or acknowledgment in the mail, via email, initiated phone call from LINUXREALM LLC with your Product, information about your purchase may be obtained by contacting your sales representative, and/or LINUXREALM LLC ONLY AND DIRECLTY AT at 562-507-1375.

 

2. Payment Terms; Orders; Quotes; Interest.

Payment terms are within LINUXREALM LLC sole discretion, and, unless otherwise agreed to by LINUXREALM LLC, payment must be made at the time of purchase prior to any purchase or configuration purchase. Payment for Product may be made by only by credit card using www.paypal.com, or some other prearranged payment method. NO wire transfers, NO personal Checks - unless authorized by LINUXREALM LLC prior. Your order is subject to cancellation by LINUXREALM LLC at LINUXREALM LLC sole discretion. LINUXREALM LLC is not responsible for pricing, typographical, or other errors, in any offer, by LINUXREALM LLC or 3rd party, and reserves the right to cancel any orders resulting from such errors, or simply by not trusting the source of your funds.

 

3. Shipping Charges; Taxes; Title; Risk of Loss.

Shipping and handling are included in original purchase price per system, however, additional charges may be leaned upon buyer(s) unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by LINUXREALM LLC and is NOT LINUXREALM LLC responsibility. Loss or damage that occurs during shipping by a carrier is not a LINUXREALM LLC owned service, nor has any control over it, therefore, LINUXREALM LLC only will use the USPS of the USA. USPS insurance maybe purchased, AND IS SUGGESTED when shipping to LINUXREALM LLC . If elected by you, or you wish to use a personal or business shipping account furnished by you, it is YOUR responsibility and LINUXREALM LLC and will not be held liable for any damages in any event by any carrier while in transition of said USPS or by your choice of shipping firm at anytime. You must notify LINUXREALM LLC within 30 days of the date of your invoice or acknowledgment if you believe any part of your system(s) is missing, incorrect, not what you ordered, or damaged, or DOA. Shipping dates are estimates only. Inside the USA using USPS could take longer than expected, but LINUXREALM LLC will configure and send your system(s) with in 2-3 days upon arrival to our Transition Center under good faith and after we are satisfied with our testing results, tested and sent upon approval by LINUXREALM LLC. Title to software will remain with the applicable license(s), that which you may have sent for installing into the Virtual Technology Program for "other" operating system(s) virtual use. You must ship software with your system(s) and be a valid owner of said software sent with your system(s). In order to reduce shipping costs additional to you the signer of this agreement please send with your system(s). LINUXREALM LLC retains a security interest in the products until payment in full is received, and if your system(s) is in our possession prior to retrieval of funds, we will retain until shipment of your system(s) are in your possession as verified by USPS mail service, and funds will remain with LINUXREALM LLC until 30 days to cover all costs associated with your order.

 

4. Warranties.

THERE ARE NO THE LIMITED WARRANTIES APPLICABLE TO LINUXREALM LLC REGARDING ANY HARDWARE - WE ARE NOT AN "OEM" (Original Equipment Manufacturer) AND DO NOT SELL HARDWARE PERIOD, THEREFORE BRANDED HARDWARE AND INTEGRATED SOFTWARE, OR SOFTWARE INCLUDED WITH PURCHASE OF HARDWARE WILL BE FORWARED TO YOUR PLACE OR PURCHASE ORIGIN, IN THE EVENT IT IS SHIPPED WITH YOUR SYSTEM(S) AND WILL NOT BE OPENED UNLESS YOU SPECIFICALLY STATE TO DO SO FOR INSTALLING INTO A VIRTUAL PROGRAM ENVIRONMENT AS LISTED, HOWEVER WE DO NOT SUPPORT ANY SOFTWARE OTHER THAN WHICH WE INSTALL AND CONFIGURE, AND DO NOT TAKE ANY SPECIAL CONSIDERATION(S) REGARDING SUPPORTING ANY OTHER SOFTWARE OR OPERATING SYSTEM SOFTWARE OTHER THAN OPERATING SYSTEMS THAT ARE LINUX/UNIX BASED, BUT ONLY UNIX/LINUX SOFTWARE INSTALLED BY LINUXREALM LLC WILL BE WARRANTIED, THUS ANY DOCUMENTATION LINUXREALM LLC PROVIDES WITH THE PRODUCT CAN BE FOUND AT WWW.UBUNTU.COM, OR WWW.LINUXREALM LLC.COM, OR BY APPROPRIATE LINKS PROVIDED, OR SUPPORT FORUMS FOR WHICH OUR SITE LINKS TOO OR INTERNALLY VIA THE MAN PAGES ON THE SYTEM ITSELF. LINUXREALM LLC MAKES NO HARDWARE WARRANTY. HARDWARE WARRANTY AND SERVICE, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY LINUXREALM LLC. LINUXREALM LLC MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN LINUXREALM LLC APPLICABLE “30 DAY SATISFACTION AGREEMENT OR STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, AND ONLY AT THAT TIME WILL THE TERMS AND AGREEMENTS AND WARRANTIES FOR ANY SERVICE(S) WILL BE EFFECTIVE, AND LINUXREALM LLC WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICE(S) AFTER THAT TIME WHERE UPON LINUXREALM LLC RECEIPT OF PAYMENT IS MADE IN FULL FOR THE SERVICE(S) TO BE WARRANTED OR PROVIDED OCCURS.

 

5. Open Source Software.

All OPEN SOURCE SOFTWARE provided is subject to the license(s) agreement each suite or program provides, and is part of the software package you agree too, and for which you will be bound by such license agreement(s). You may view these license(s) agreements with or included in each package, or often referred to the GNU Public License(s), LINUXREALM LLC provides them for your reference only, and does not dabble or explain or support or warranty software agreement(s). Open Source Software usually comes with some from or agreement, however LINUXREALM LLC is not the author/engineer/maintainer of such software and LINUXREALM LLC only installs and supports software(s) titles that come with Open Source operating system(s). ANY SOFTARE LINUXREALM LLC INSTALLS AND CONFIGURES IS WHAT WE SUPPORT, NO NONE UNIX OR LINUX OR "OTHER" SOFTWARE OR OPERATION SYSTEM(S) IS OFFERED OR SUPPORTED.

 

6. Return Policies; Exchanges

New and refurbished Product(s) purchased from an OEM, or third party provider, you may return or exchange only in accordance with the OEM or third party provider return policy(ies) and are in effect on the date of your original purchase(s) invoice, including any and all hardware purchases. Any returns or exchanges will be made in accordance with LINUXREALM LLC exchange policies in effect on the date of the return, exchange, or reloading of configuration(s) on your site or at our facilities. You must contact us directly before you attempt to return Product to obtain a RMA (Return Material Authorization) Number for you to include with your return to the OEM and notify LINUXREALM LLC of the RMA Number given to you. You must return your Product(s) to the OEM in original packaging from the OEM. System(s) picked up on your site, must be returned in same fashion. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product EVEN IF YOU WE ARE IN POSSESSION OF YOUR SYSTEM(S). Additional fees may apply. LINUXREALM LLC return policy can be found at: http://www.LINUXREALM LLC.com/procedures/. If you fail to follow the return or exchange instructions and policies provided by LINUXREALM LLC, LINUXREALM LLC IS NOT responsible whatsoever for any Product that is lost, damaged, modified or otherwise processed for disposal or resale. If you are returning all physical components please do so with your OEM or place of origin as LINUXREALM LLC only provides a configuration service, and will not refund funds on hardware failures, broken parts, any and all physical issues with your system(s) as Linux Operating Systems or Operating Systems do not cause hardware failures. However, if you are not satisfied with our service(s) or product(s), with in 30 days you have the option to contact and submit a refund for our service(s) thereby afterwards, you will be credited the full amount paid for the order, but not including shipping. At LINUXREALM LLC's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. TO QUALIFY FOR THE 30 DAY SATISFACTION AGREEMENT YOU MUST PROVE TO US YOU HAVE USED LINUX FOR 30 DAYS FROM DATE OF PURCHASE/INVOICE. WE HAVE A SURE FIRE WAY TO FIND OUT IF YOUR SYSTEM IS CONFIGURED WITH OUR CONFIGURATIONS THEREFORE MAKE SURE IF YOU ARE TO ATTEMPT TO CLAIM A REFUND BE SURE TO USE THE SYSTEM(S) WE INSTALLED FOR 30 DAYS FROM PURCHASE/INVOICE DATE, OTHERWISE YOU WILL NOT RECEIVE A REFUND. PLEASE NOTIFY US WITH IN 30 DAYS IF YOU ARE NOT SATISFIED AND WE WILL DISCUSS WHAT YOU DO NOT LIKE ABOUT THE SYSTEM(S) WE CONFIGURED FOR YOU, AND WILL TRY OUR BEST TO FIX THE ISSUE. IF NOT, WE WILL REFUND YOUR PURCHASE PRICE MINUS SHIPPING COSTS. WE ARE CONFIDENT THIS WILL NOT BE THE CASE HOWEVER EVERYONE IS NOT READY FOR LINUX AND PAY NEVER PAYING FOR SOFTWARE AGAIN.

 

7. Changed or Discontinued Product and or Service.

LINUXREALM LLC policy is one of ongoing update and revision. LINUXREALM LLC may revise and discontinue Product(s) and or Service(s), at any time without notice to you and this may affect information provided in a previous quotation (email, faxed, or on-line "Quote"). We are not the operating system(S) or driver(s) architect or programming firm, nor does LINUXREALM LLC claim to be, thus LINUXREALM LLC will only ship our configured system(s) that have the full functionality and specified performance ordered, but changes between what is shipped and what is described in a specification sheet or catalog are interchangeable or impossible at this time to configure however rare, it does happen and we apologize if so.

 

8. Service and Support.

Service(s) offerings may vary from configuration to configuration. If you purchase optional services and additional support from LINUXREALM LLC, LINUXREALM LLC will forward your requests and support to our premiere service provider www.canonical.com, whereby they will support you in accordance with the terms and conditions located at http://www.canonical.com, after your initial 30 Day FREE Support by LINUXREALM LLC. You may always contact LINUXREALM LLC for more information regarding support contracts. LINUXREALM LLC may its sole discretion, revise their general and optional service and support programs and their Terms and Agreements and Conditions that govern them without prior notice to you. The support policies in place at the time of order shipment will apply. LINUXREALM LLC will try in good faith via email to make you aware of any changes once we have your email address, contact/billing information made from a purchase, but not prior. LINUXREALM LLC has no obligation to provide service or support until LINUXREALM LLC has received full payment for our configuration(s) product(s) or service(s) or support contract you purchased. LINUXREALM LLC is not obligated to provide service or support for products you purchase through a third party and not LINUXREALM LLC.

 

9. Limitation of Liability.

LINUXREALM LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, LINUXREALM LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICE(S), AND OR PRODUCT(S), LINUXREALM LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE SERVICE(S), AND OR PRODUCT(S) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

 

10. Applicable Law; Not For Resale; Export Sales.

You agree to comply with all applicable laws and regulations of the various states and of the United States of America. You agree and represent that you are buying only for your own internal use only, and not for resale. LINUXREALM LLC has separate terms and conditions governing resale of Product by third parties.

If this or any transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale are exported from the United States by LINUXREALM LLC you must only export in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law IS PROHIBITED. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

 

11. Governing Law.

THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF OTHER COUNTY OR STATE OR COUNTRY LAWS RULES.

 

12. Headings.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

 

13. Binding Arbitration.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LINUXREALM LLC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "LINUXREALM LLC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), LINUXREALM LLC's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and LINUXREALM LLC. NEITHER CUSTOMER NOR LINUXREALM LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction(s) may involve interstate commerce, and its provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. LINUXREALM LLC will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN

 

Download a Printable Service Agreement File