Updated: May 2023
Unless otherwise agreed in writing and signed by an authorized representative of World Wireless Solutions. or its applicable subsidiary, these Products and Services General Terms and Conditions (“General Terms”), as published on World Wireless Solutions’s Web site located at https://www.worldwirelesssolutions.com/ at the time of sale or procurement, govern all purchases and provisioning of Products (as defined below) by the entity placing an order (“Customer”) and World Wireless Solutions., a Delaware corporation, or its appropriate subsidiary(ies) with which Customer transacts (individually and collectively, “World Wireless Solutions”).
“Products” as used herein includes the following:
“Hardware” – all products offered by World Wireless Solutions other than Services or Software;
“Software” – all software applications or other functionality provided in any format, such as installed instances of software licensed by a Vendor, software provided by a manufacturer, publisher or other service provider of the Products (“Vendor”), as a service provided via subscription access, or otherwise, including any modification or customizations and updates created by the applicable Vendor as well as any third-party software or applications embedded in or included with the software products. All Software is licensed or subscribed to as a service and not sold, and any references to “purchase” or “sale” hereunder shall be deemed to refer to the license and/or subscription and corresponding right to use when referring to Software hereunder; and
“Services” – services provided by a Vendor, World Wireless Solutions or World Wireless Solutions’s subcontractor which may be offered as a SKU or as separately described in a Statement of Work (SOW), and which may be subject to such additional terms as may be set forth therein or other written agreement between Customer and World Wireless Solutions.
By ordering any Product, Customer accepts and agrees to be bound by and comply with these General Terms.
World Wireless Solutions will specify Customer’s payment terms when Customer establishes its account. Customer’s credit line and payment terms are subject to change from time to time. World Wireless Solutions has the right to modify, increase, decrease or terminate Customer’s credit privileges and terms at any time.
Customer may purchase Products at the prices prevailing at the time of shipment, as determined by World Wireless Solutions. Quoted prices are subject to change without notice and, unless specifically included in a quote or invoice, do not include any taxes, handling, shipping, transportation, duties or other charges or fees. Customer is responsible for all applicable fees, duties, and all federal, state, provincial, municipal, and other government taxes on the use, sale, import (or export), and delivery of Products. Customer must present to World Wireless Solutions exemption certificates, valid in the place of delivery, prior to shipment. If Customer is offered special pricing for certain orders and such pricing is made available to World Wireless Solutions by a Vendor, Customer will adhere to the applicable special pricing terms and conditions provided by the Vendor. Customer agrees to pay any service fees charged for World Wireless Solutions’s pass through of special pricing and other Vendor driven benefits Customer may receive, including any marketing funding, price protection and individual rebates, and agrees that pass through and payment of such benefits will be subject to World Wireless Solutions having received the benefits from Vendor. The special pricing terms may require Customer to comply with certain requirements including without limitation: (a) the sale of the Products only to specifically named customers; (b) the disclosure of customer information to World Wireless Solutions and the Vendor for the purpose of end-user verification; (c) the submission of copies of customer invoices, purchase orders or shipping documents to World Wireless Solutions and the Vendor; and (d) selling the Products into the authorized territory(ies) as specified by the Product’s Vendor. Subject to the special pricing terms and conditions applicable for the individual Vendor and Products, breach of the special pricing terms and conditions may entitle World Wireless Solutions and/or the Vendor to reclaim and invoice Customer in full for all discounts, rebates and other special price conditions granted to Customer under the special pricing terms and conditions or special price. Customer agrees and understands that any special discounts or promotions offered by World Wireless Solutions are only applicable to Products that are sold into the authorized territory(ies) as specified by the Vendor. If Customer does not sell the Products into the authorized territory(ies) as specified by the Vendor, Customer agrees to reimburse World Wireless Solutions the value of special discounts and promotions and indemnify World Wireless Solutions from and against all losses, claims, damages, penalties, costs, and expenses caused by Customer when failing to comply with this provision.
Customer agrees to pay all charges according to the payment terms established in each invoice for Products it acquires from World Wireless Solutions. Customer waives any right it may have at law, in equity, under contract or otherwise to set-off or exercise any similar remedy against World Wireless Solutions in whole or in part, any sum that World Wireless Solutions or any of its subsidiaries may owe Customer. World Wireless Solutions may apply payments to any of Customer’s accounts. If Customer defaults on any payment to World Wireless Solutions, World Wireless Solutions may reschedule, suspend, or cancel any outstanding delivery or order and declare all outstanding balances under all invoices immediately due and payable. Customer agrees to pay interest in the amount of 1.5% per month, or the highest rate permitted by law, whichever is less, on any payment past due, pursuant to the terms set forth on each invoice until collected. Except as otherwise provided under applicable law, any credits provided by World Wireless Solutions will automatically expire if not used within 12 months. If Customer purchases Products from World Wireless Solutions through a third-party marketplace or platform, Customer hereby expressly acknowledges and agrees that these General Terms will govern such purchases, notwithstanding any third-party terms to the contrary.
Customer’s payment obligations to World Wireless Solutions are not dependent on payment to Customer by any end-user or other third-party, and in no event will Customer be relieved of Customer’s payment obligation(s) to World Wireless Solutions hereunder when due, in whole or in part, based on any failure or inability of Customer to collect payment from any third-party.
All deliveries of Hardware to destinations in the United States, excluding its territories and possessions, will be made FOB origin World Wireless Solutions’s designated location and deliveries of Products to destinations outside of the United States will be made Ex Works (Incoterms 2020). Title to and risk of loss, damage or delay to Hardware will pass to Customer upon World Wireless Solutions’s tender of the Hardware to the transportation provider. After transportation of a shipment of Products from World Wireless Solutions has commenced, Customer will not divert the shipment to a different consignee or destination point without World Wireless Solutions’s written approval. If World Wireless Solutions arranges transport on World Wireless Solutions’s account, transportation will be arranged, and charges will be added to Customer’s invoice in accordance with World Wireless Solutions’s transportation policy at the time of shipment unless waived by an authorized representative of World Wireless Solutions in writing. World Wireless Solutions is not responsible for spotting, switching, demurrage or other transportation charges unless agreed in writing. World Wireless Solutions is not liable for any delays in delivery or for partial or early deliveries. If Customer directs World Wireless Solutions to charge transportation fees to a third-party account number or to ship “freight collect”, Customer is responsible for all transportation and accessorial charges associated with the order and remains responsible for cargo loss and damage in transit claims with the transportation provider. World Wireless Solutions is not liable for any Customer requirements not stated in these General Terms. Customer or the consignee receiving delivery must accept deliveries of all shipments, including partially damaged or “short” shipments, and must inspect the Products and secure written acknowledgement from the transportation provider for any shortages, loss, damage or nonconformance. Customer must notify World Wireless Solutions in writing within three days of receipt of any delivery of any shortages or non-conforming Products. If Customer fails to notify World Wireless Solutions with such three-day period of any shortages or non-conforming Products, the Products will be considered accepted.
Customer will have the exclusive responsibility for filing claims for cargo loss, damage, or delay (“Cargo Claims”) with the appropriate transportation provider. Upon Customer’s written request, World Wireless Solutions will assist Customer in filing Cargo Claims with the transportation provider; such assistance to be limited to furnishing Customer such information and documentation needed to establish the quantity and condition of the Products at origin. Customer will file Cargo Claims in writing with the appropriate transportation provider within nine months of delivery of the shipment or, in the case of delay or non-delivery, within nine months of the date the shipment should have been delivered. Lawsuits for cargo loss, damage or delay must be filed no later than two years from the date a claim is denied, in whole or in part, by the transportation provider.
Customer may only return Products as permitted in these General Terms. Products are otherwise non-returnable, and the prices and fees are non-refundable. Products damaged after receipt may not be returned. In order to be eligible to receive credit for returned Products, Customer must adhere to World Wireless Solutions’s current returns processing guidelines. Customer must obtain a valid return merchandise authorization number (“RMA”) from World Wireless Solutions for all returns prior to returning any Product. World Wireless Solutions has no obligation to issue RMAs. Customer is responsible for ensuring that the RMA is clearly visible on the address label of the Product packaging and for complying with all other World Wireless Solutions requirements provided to Customer when the RMA is issued. Unless otherwise agreed in writing by World Wireless Solutions, all Product returns from Customer are FOB destination World Wireless Solutions’s designated facility, and title and risk of loss will transfer to World Wireless Solutions upon receipt and acceptance of returned Products at World Wireless Solutions’s facility. World Wireless Solutions may refuse delivery of any package without a valid, clearly visible RMA. Except for defective or damaged Products, all Products must be returned with the original packaging intact (including manufacturer’s shrink wrap) and otherwise in unused, resalable condition. Credit will be provided for Product returned in accordance with World Wireless Solutions’s return policies at the time the RMA is issued. If Customer returns any Products without World Wireless Solutions’s authorization or does not comply with World Wireless Solutions’s return requirements, those Products may be subject to return to the shipping location and, if refused, World Wireless Solutions may consider the Products abandoned and dispose of them, without crediting Customer’s account. World Wireless Solutions may charge a restocking fee for handling any Product that is not returned in accordance with these General Terms. World Wireless Solutions’s sole liability for any returned Products will be acceptance of their return and issuance of credits pursuant to World Wireless Solutions’s returns processing guidelines.
Customer acknowledges that World Wireless Solutions is not the manufacturer of the Products. Product warranties, if any, are provided by the Vendor of the Products. WORLD WIRELESS SOLUTIONS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EITHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ANY PRODUCTS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. ALL PRODUCTS AND INFORMATION ARE PROVIDED OR MADE AVAILABLE TO CUSTOMER “AS IS.” CUSTOMER SHALL NOT USE OR RESELL THE PRODUCTS IN ANY MANNER NOT EXPRESSLY PERMITTED BY THE VENDOR OF SUCH PRODUCT(S), INCLUDING FOR ANY INHERENTLY DANGEROUS USE, AS THE PRODUCTS ARE NOT SPECIFICALLY DEVELOPED OR PROVIDED BY ITS VENDOR FOR SUCH USES, EXCEPT AS A VENDOR MAY EXPRESSLY AGREE OTHERWISE. WITHOUT LIMITATIO OF THE FOREGOING, CUSTOMER SHALL NOT USE THE PRODUCTS IN CONNECTION WITH ANY OPERATIONS OF NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATIONS.
To the extent authorized, World Wireless Solutions will pass through to Customer any transferable Product warranties, indemnities, and remedies provided to World Wireless Solutions by the Vendor including any such warranties and indemnities for intellectual property infringement. Customer’s, its affiliates’, and their respective customers’ sole and exclusive remedy relating to the Products will be the remedy afforded by the applicable Vendor of such Products to such parties. Services performed by World Wireless Solutions itself (and not by any Vendor or subcontractor) will be performed in a professional and workmanlike manner in accordance with the applicable quotation or SOW. Any applicable warranty period for such Services will be specified in the service description or SOW. As its sole remedy, Customer may request World Wireless Solutions re-perform such Services that do not conform to the warranty within the applicable warranty period. Customer warrants and represents it will investigate the validity and accuracy of all orders for Products placed with World Wireless Solutions, including orders for delivery of Products to third parties or to non-Customer destinations, and that Customer is solely responsible for the accuracy of all shipment and delivery instructions to World Wireless Solutions. Under no circumstances will World Wireless Solutions be obligated to investigate, validate, confirm, or reconfirm Customer’s delivery orders, shipment or delivery instructions or the identity of consignee/receiving personnel at destination, nor will World Wireless Solutions be liable for incorrect or inaccurate shipment instructions or consignee or destination information.
WORLD WIRELESS SOLUTIONS IS NOT RESPONSIBLE FOR AND HAS NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS CUSTOMER, ITS AFFILIATES, THEIR CUSTOMERS, OR ANY OTHER PARTY, FROM OR AGAINST ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION, INCLUDING ANY DAMAGES, COSTS OR EXPENSES INCURRED BY SUCH PARTIES, ARISING FROM OR RELATING TO THE ACTUAL OR ALLEGED PRODUCT LIABILITY, BREACH OF SECURITY, LOSS OF DATA, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RELATED (DIRECTLY OR INDIRECTLY) TO THE MANUFACTURE, SALE, OR USE OF THE PRODUCTS. Customer warrants that it has all necessary legal rights to all intellectual property it provides to World Wireless Solutions. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WORLD WIRELESS SOLUTIONS, ITS AFFILIATES, AND ITS VENDORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) ARISING OR RESULTING FROM CLAIMS, DEMANDS, ACTIONS OR PROCEEDINGS OF ANY KIND ARISING FROM OR RELATING TO: (i) CUSTOMER’S USE, MARKETING, DISTRIBUTION OR SALE OF PRODUCTS IN A MANNER OTHER THAN AS SPECIFIED IN PRODUCT DESCRIPTIONS OR SPECIFICATIONS; (ii) WORLD WIRELESS SOLUTIONS’S OR ITS VENDOR’S COMPLIANCE WITH DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS PROVIDED BY CUSTOMER; (iii) CUSTOMER’S BREACH OF THESE GENERAL TERMS OR OTHER AGREEMENT WITH WORLD WIRELESS SOLUTIONS OR ACTS OR OMISSIONS OF CUSTOMER, ITS AFFILIATES, ITS AGENTS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS; OR (iv) VIOLATION OR ALLEGED VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS BY CUSTOMER OR ITS AFFILIATES.
World Wireless Solutions will have no liability for: (i) failure to allocate or reserve any Product for Customer; (ii) failure to deliver Products within a specified time period; (iii) availability and/or delays in delivery of Products; (iv) discontinuation of Products, product lines, or any part thereof; (v) cancellation of any orders; or (vi) shortages on shipments of Product shipped under seal where the seal is not intact upon delivery by the transportation provider. THE ONLY LIABILITY WORLD WIRELESS SOLUTIONS WILL HAVE WITH RESPECT TO ANY DAMAGED OR DEFECTIVE PRODUCTS WILL BE THE RETURN RIGHTS DESCRIBED HEREIN. CUSTOMER AGREES THAT WORLD WIRELESS SOLUTIONS’S LIABILITY FOR DAMAGES ARISING UNDER THESE GENERAL TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO ACTUAL, PROVEN, DIRECT DAMAGES AND WILL NOT EXCEED THE NET AMOUNT PAID TO WORLD WIRELESS SOLUTIONS BY CUSTOMER FOR THAT PRODUCT WHICH IS THE SUBJECT OF THE CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY CLAIMS, DEMANDS, CAUSES OF ACTION, OR RECOVERIES FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SALE OF THE PRODUCTS, FAILURE TO PERFORM IN ACCORDANCE WITH THE GENERAL TERMS, OR ANY PRODUCTS OR INFORMATION, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INJURY TO PERSONS OR PROPERTY, BUSINESS INTERRUPTION OR DAMAGE TO BUSINESS REPUTATION OR LOSS OF GOODWILL, LOSS OF DATA, OR SECURITY BREACH, REGARDLESS OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, AND EVEN IF WORLD WIRELESS SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY TORT OR STATUTORY CAUSES OF ACTION. CUSTOMER EXPRESSLY WAIVES ALL CLAIMS FOR THOSE DAMAGES. THIS PROVISION WILL SURVIVE ANY TERMINATION OF THESE GENERAL TERMS. THE OBLIGATIONS OF WORLD WIRELESS SOLUTIONS. AND ANY OF ITS SUBSIDIARIES UNDER THESE GENERAL TERMS ARE THE SEVERAL OBLIGATIONS OF EACH SUCH ENTITY, AND NOTHING HEREIN WILL CREATE ANY JOINT AND SEVERAL LIABILITY BETWEEN OR AMONG WORLD WIRELESS SOLUTIONS AND ANY OF ITS SUBSIDIARIES.
Except for any announcement intended solely for internal distribution by either party or any disclosure required by legal, accounting, or regulatory requirements, all media releases, public announcements, or public disclosures by either party or its employees or agents relating to these General Terms, the relationship between World Wireless Solutions and Customer, or including the marks of the other party or any affiliate of that party, must be approved in writing by the other party prior to release.
When purchasing Products for resale to or in support of public sector customers, including those in the federal, state, and local governments and education markets, Customer agrees to provide all applicable public sector customer requirements to World Wireless Solutions at the time that Customer requests a quote or places an order. The Customer will send those terms to World Wireless Solutions, along with the order or request for quote including the procuring or receiving government agency and if available the applicable prime contract number. World Wireless Solutions’s receipt of those terms does not constitute acceptance of said terms or acceptance of an order. Questions regarding acceptance of flow-down terms and conditions should be directed to World Wireless Solutions at email@example.com. Customer understands and agrees that World Wireless Solutions is a distributor of “Commercial Items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. Customer further agrees that, for federal contracts, Customer will only flow-down to World Wireless Solutions the clauses that are required to be inserted in a subcontract for Commercial Items, as set forth in FAR 52.244-6(c)(1) or an applicable agency FAR supplement. To the extent that Customer believes that additional FAR and/or agency FAR supplemental clauses apply because they are mandatory flow-downs to which the Customer has agreed to with its federal government customer, Customer will list those clauses, and the basis for their inclusion, in the email to World Wireless Solutions. Customer will receive only those rights in technical data provided by the Vendors. In no event will Customer receive unlimited rights in data, software, or intellectual property rights provided by the Vendors or any other third party.
When purchasing Products for resale, and to ensure proper implementation, warranty, service, and support of the customer environment, Customer agrees to provide written guidance of any security requirements for access to facilities, systems, and networks that is necessary for Customer’s performance of an order. The guidance should outline all the security requirements associated with information, networks and systems being supported and accessed including requirements for personnel. In the case of public sector customers including any Federal, State or Local Government agency, Prime Contractor or Subcontractor, the Customer must provide the same written guidance of any security requirements as stated above and include all applicable security forms and contract flow down clauses. All contracts and orders for Federal Government customers must provide security guidance in accordance with Federal Acquisition Regulations, including but not limited to FAR clause 52.204-2, Security Requirements and FAR Subpart 4.4 – Safeguarding Classified Information within Industry, by providing a Form DD-254 when applicable. The security guidance provided will be coordinated through World Wireless Solutions’s Security Office and all applicable requirements will be communicated to the Vendor. It is expected that all security requirements and guidelines will be specified to include issuance of a Form DD-254 where needed. The requirements will be provided to and extend to all subcontractors and will cover the entire period of performance including the full warranty support period for the solution provided.
Customer hereby grants World Wireless Solutions and the applicable Vendors a non-exclusive, non-transferable, royalty-free, worldwide right to use the electronic data specifically pertaining to Customer and/or Customer’s users and customers that is processed by World Wireless Solutions and the Vendors (collectively, “Data”) strictly for the limited purpose of providing the Products to Customer and/or Customer’s customers. If Customer is a reseller, Customer agrees that Customer has received proper consent from Customer’s customers to provide their information to World Wireless Solutions and Vendors for use in connection with Products or Customer complies with an alternative legal basis for providing their information to World Wireless Solutions. By Customer’s or Customer’s customers’ use of the Products, Customer agrees that World Wireless Solutions may process Data in accordance with our Privacy Statement, available at (Privacy Statement). Customer or Customer’s customers’ use of Products may also be subject to the privacy policies of the Vendor.
Nothing herein grants any rights to either party in any intellectual property of the other except for the limited rights expressly set forth herein. Any property developed by you using Services performed by World Wireless Solutions belong to World Wireless Solutions – this includes the development of service connectors (a software mechanism capable of processing requests that relates such Services to Customer’s or a third party’s environment) used or developed for interacting with such Services.
Customer will permit the inspection of all records pertaining to the business relationship with World Wireless Solutions by authorized agents or representatives of World Wireless Solutions and the audit and verification of all charges and reimbursements within the scope of these General Terms. World Wireless Solutions agrees to notify Customer of its desire to inspect its records at least 10 days in advance.
Customer agrees to adhere to all applicable Vendor terms and conditions, channel policies and program requirements, including without limitation, Vendor’s restrictions regarding Product use, distribution, resale, prohibited customers, territory, etc. Customer is solely responsible for ensuring its adherence to any and all such restrictions. Customer may not alter or modify the Products in any way or combine the Products with any other product or material not authorized by World Wireless Solutions and/or the Vendor, as applicable.
Neither party will be responsible for delays in performance due to events of force majeure, including, without limitation, fire, flood, tornado, earthquake, war, riot, insurrection, strike, lockout, slowdown, epidemic, quarantine restriction, delay in transportation, labor shortage or strikes, materials or manufacturing facility shortage, accidents, boycott, embargo or any act or regulation of government or governmental authority and other contingencies beyond such party’s control resulting in impossibility or delay of performance.
Each party agrees to abide by all laws and regulations applicable to its performance of its obligations under these General Terms.
Neither party has made, and will not make, any direct or indirect payment, offer to pay, or authorization to pay, any money, gift, promise to give, or authorization of the giving, of anything of value to any government official, or the immediate family of any such official, for the purpose of influencing an act or decision of the government or such individual in order to assist, directly or indirectly, Customer or World Wireless Solutions in obtaining or retaining business, or securing an improper advantage. If Customer delivers the Products to its customer who may use the Products outside the United States, Customer will advise its customer that the Products are controlled for export by the U.S. Department of Commerce and that the Products may require authorization prior to export from the United States or re-export. Customer and World Wireless Solutions are independent contractors. Nothing stated in these General Terms will be construed as creating the relationship of employer/employee, franchisor/franchisee, partners, or principal/agent between the parties. Neither party will make any warranty, guarantee or representation, whether written or oral, on the other party’s behalf.
These General Terms will be construed and enforced in accordance with the laws of the State of California, excluding its conflicts of law rules, and the parties agree to and submit to personal jurisdiction and exclusive venue in the state and federal courts situated in Orange County, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these General Terms. Customer must pay to World Wireless Solutions all costs and expenses, including without limitation, reasonable attorney’s fees and the fees of any collection agency and court costs, incurred by World Wireless Solutions in exercising any of its rights or remedies under, or enforcing or defending any of the terms, conditions, or provisions of, these General Terms.
All notices, requests, demands, and other communications must be in writing and may be given by: (i) personal delivery; (ii) registered or certified mail, return receipt requested; or (iii) nationally recognized courier services to the party at its official corporate address. Notices to World Wireless Solutions must be sent to: World Wireless Solutions.,25 Sheppard Avenue West Suite 300 North York, Ontario M2N 6S6 Canada Attention: Legal Department.
Customer may not assign or delegate its rights or duties under these General Terms, by operation of law or otherwise, in whole or in part, without the prior written consent of World Wireless Solutions. Any direct or indirect change of control of Customer will be deemed an assignment. Any attempted assignment by Customer without that consent will be null and void without any force or effect. World Wireless Solutions’s affiliates may perform its obligations arising under these General Terms.
These General Terms will be binding upon and, except as otherwise provided herein, will inure to the benefit of the parties hereto and their respective successors and assigns.
If any provision of these General Terms is held to be unenforceable, the enforceability of the remaining provisions will not in any way be affected.
Failure or delay of either party to exercise a right under these General Terms will not operate as a waiver, nor will any single or partial exercise of a right preclude any other future exercise of that right.
The parties agree to use electronic signatures and that their respective electronic signatures will be legally enforceable.
No termination of these General Terms will affect any rights or obligations of either party which: (i) are vested pursuant to these General Terms as of the effective date of such termination; or (ii) by their sense and context are intended to survive completion of performance or termination of these General Terms, including, without limitation, Confidentiality, Warranties / Indemnities, and Limitation of Liability, all of which will survive.
These General Terms are intended to be the sole and complete statement of the obligations and rights of the parties as to all matters covered in these General Terms, and supersede all previous understandings, agreements, negotiations, and proposals; however, the purchase, sale, resale, and marketing of any Services we make available is additionally governed by separate written agreement(s) between us and is supplemented by these General Terms.
These General Terms may be modified by World Wireless Solutions from time to time in its sole discretion. It is Customer’s responsibility to check these General Terms regularly. Any modification to these General Terms will be effective once posted on the Site. Further orders of Products after any such modification will signify Customer’s acceptance of such updated General Terms.