Terms of Sale & Service

PLEASE READ CAREFULLY: THE FOLLOWING TERMS WILL GOVERN ANY AND ALL VISITS TO AND PURCHASES MADE FROM ENVISION'S ONLINE STORE. BY BROWSING, PURCHASING, AND/OR USING ANY PRODUCT AND/OR SERVICE FROM ENVISION, YOU FULLY UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR A DIFFERENT LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, AND/OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, SIMPLY DO NOT SHOP WITH ENVISION.

  1. Parties. These terms represent the agreement (“Agreement”) that governs the purchase of products and services from Envision Global, LLC (“Envision”) by the individual or entity browsing and/or purchasing products and/or services from Envision (“Customer”).
  2. Application. These terms apply to any and all products ("Envision Products"), software ("Envision Software"), and/or services ("Envision Services) made available for sale by Envision Global, LLC.
  3. Orders. “Order” means an order placed by a Customer that has been accepted by Envision, including any supporting material which the parties identify as incorporated either by attachment or by reference (“Supporting Material”). Supporting Material may include (for example) product lists, hardware or software specifications, standard or negotiated service descriptions, data sheets and their supplements, statements of work (SOWs), published warranties, service level agreements, and marketing materials (print or digital), and may be available to Customer by request or by accessing the Envision online store.
  4. Prices and Taxes. Prices will be as displayed on the Envision store website (or as quoted by an authorized Envision manager) at the time an Order is submitted to Envision and accepted. Prices are exclusive of taxes, duties, and fees (including installation, shipping, and handling) unless stated otherwise. Prices are subject to change.
  5. Payment. Payment is due before shipment as specified at the Envision online store and payment is accepted in U.S. Dollars only. Envision may suspend and/or cancel performance of open Orders or Envision Services if the Customer fails to make payments when due.
  6. Title. Except as provided herein, title and risk of loss to Envision Products will pass to Customer immediately upon shipment (once released from Envision). Envision Software: (1) is owned or licensed by Envision; (2) is proprietary to Envision and its licensors; and (3) constitutes trade secrets and intellectual property of Envision and its licensors. All trade secrets and intellectual property are protected by this Agreement and/or future agreements.
  7. Delivery. Envision will use commercially reasonable effort to deliver products in a timely manner. Envision anticipates first delivery of Envision Products will take place in September of 2018.
  8. Services. Envision Services, if any, including without limitation, support services will be described in the applicable Supporting Materials and Statements of Work, which will cover the description of Envision’s offering, eligibility requirements, service limitations, and Customer responsibilities, as well as the Envision Products supported. For all information regarding warranty and support, Customer agrees to read and understand Envision's "Warranty & Support" policy before making a purchase.
  9. Eligibility. Envision’s service, support, and warranty commitments do not cover claims resulting from: (a) improper use, environmental conditions, and/or non-compliance with applicable Supporting Material; (b) modifications or improper system maintenance or calibration not performed by Envision or authorized by Envision; (c) malware (e.g. virus, worm, etc.) not introduced by Envision; or (d) abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, and/or other causes beyond Envision’s control.
  10. Client Cooperation. Envision’s ability to deliver Envision Products and Services will depend on Customer’s reasonable and timely cooperation alongside the accuracy and completeness of any information provided by Customer.
  11. Product Performance. All Envision Products are covered by Envision’s limited warranty and support statements that are provided with the products or otherwise made available on the Envision online store (located in "Warranty & Support" section at the bottom of web page). All Envision warranties begin on the date of delivery.
  12. Services Performance. Services are performed using generally-recognized and accepted commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and Envision will address any service(s) that fail to meet this standard.
  13. Intellectual Property Rights. Except as provided herein, absolutely no transfer of intellectual property will take place upon the sale of any Envision Products and/or Services.
  14. Trademarks. The Envision logo and slogan(s) are trademarks™ or registered® trademarks of Envision Global, LLC. Customers are strictly prohibited from using and/or misusing any trademarks owned by Envision Global, LLC (including for any commercial purposes) without Envision's prior express written consent.
  15. License Grant. Envision grants Customer a non-exclusive license to use the version of software included in Envision Products, Software, and/or Services included in an Order. Permitted use is for internal purposes only (and not for further commercialization). Customer agrees that it will also not copy, modify, reverse engineer, disassemble, decrypt, decompile, and/or make derivative works of any Envision Software (including Envision Products) licensed to Customer under this Agreement unless permitted by statute, in which case Customer will provide Envision with reasonably detailed information about those activities. Unless otherwise specified, any license granted is perpetual, provided however that if Customer fails to comply with the terms of this Agreement, Envision may immediately terminate the license upon written notice. Upon termination, Customer will either promptly destroy all copies of the software or return them to Envision in a timely manner.
  16. Intellectual Property Rights Infringement. Envision will defend and/or settle any claims against Customer that allege that an Envision Product or Service as supplied under this Agreement infringes the intellectual property rights of a third-party. Envision’s obligations under this paragraph are conditioned upon Customer’s prompt notification of the claim and cooperation with our defense. Envision may modify the product or service so as to be non-infringing and materially equivalent, or may procure a license. If these options are not available, Envision will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount. Envision is not responsible for claims resulting from any unauthorized use of Envision Products or Services. This paragraph constitutes Customer’s sole remedy for a claim of intellectual property rights infringement.
  17. Updates. Envision may make new software versions, releases, or maintenance updates (“Updates”). Additional licenses or fees may apply for these Updates. Updates are subject to the license terms in effect at the time that Envision makes them available to Customer.
  18. Legal Compliance. Customer will be responsible for complying with applicable laws and regulations and for obtaining any required export or import authorizations. Envision may cancel or suspend its performance under this Agreement to the extent required by laws applicable to either party.
  19. Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
  20. Termination. Either party may terminate this Agreement on written notice only if the other fails to meet any material obligation and fails to remedy the breach within a reasonable period after being notified in writing of the details. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate this Agreement and cancel any unfulfilled obligations. Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
  21. Shipping, Exchanges, & Returns. For all information regarding shipping, exchanges, and/or returns, Customer agrees to read and understand Envision's "Shipping, Exchanges, & Returns" policy.
  22. General. This Agreement ("Terms of Sale & Service"), along with Envision’s Non-Disclosure Agreement and other documents referenced herein, represent our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a written amendment signed by both parties. The Agreement will be governed by the laws Commonwealth of Massachusetts, without regard to conflicts of laws provisions, and the courts of that locale will have jurisdiction. Customer and Envision agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. This Agreement shall be binding on each party’s successors and assigns.