STARTER PARTNER PROGRAM: TERMS
PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS CAREFULLY.
This is an agreement (the “Agreement”) between you and Kino-mo Ltd (trading as HYPERVSN), a company registered in England under number 07517352 with registered office at 11.3.1, The Leather Market, Weston Street, London, United Kingdom, SE1 3ER (“Kino-mo”), stating the terms of your participation in a Starter Partner Program aimed at evaluating the potential cooperation with Kino-mo on distribution of its products (the “Program”).
If you are entering into this Agreement on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these terms, in which case the terms ‘’you” and “your” shall refer to such entity.
BY MAKING A PAYMENT UNDER THIS PROGRAM YOU AGREE TO ALL OF THE TERMS AND CONDITIONS STATED HERE.
A. Program Duration
This Agreement is effective during the term of the Program. The term of the Program is determined by the Cloud Pro services subscription period as specified in the invoice issued by Kino-mo in connection with this Program (the “Invoice”).
B. Description of Program
1. Under this Program you are entitled to one-off purchase of HYPERVSN products and services (“Products”) at a discounted price or free of charge, as offered by Kino-mo in Partner Launch Packages. The details of Partner Launch Packages (the list of Products and their amounts, subscription periods, discounts, etc.) shall be provided by Kino-mo’s team member and further set in the Invoice
2. Unless agreed otherwise in writing between you and Kino-mo:
(a) (in respect of the Basic Partner Launch Package) – Cloud Pro services subscription is provided to you for the term of the Program on a free of charge basis. Upon the end of the Program, your right to access and use the relevant services shall terminate;
(b) (in respect of the Standard and Pro Partner Launch Packages) – Cloud Pro and Wall Builder services subscriptions are provided to you for the term of the Program on a free of charge basis. Upon the end of the Program, your right to access and use the relevant services shall terminate.
3. The Product(s) shall be delivered DAP (Incoterms 2010, the delivery address to be specified in the Invoice), after you paid the full price to Kino-mo. The carrier to be determined by Kino-mo. The carriage costs are not included into the price and shall be billed to you separately.
4. You may use or sell the Products at your sole discretion, except that you may not disassemble the Products with the purpose of copying, reverse engineering, or other similar purposes.
5. If you decide to return the Products purchased by you, you may be entitled to a full refund of the sum you paid for the Products (but not the carriage costs) provided the following conditions are met:
(a) you notify us about your decision to return the Products within 14 days of their receipt by you;
(b) you send the Products to us at your costs within 7 days after we provide you with the return address, and
(c) the Products have been returned to us in undamaged condition in the original package.
6. If you would like to become Kino-mo’s authorised partner after the end of the Program, you and Kino-mo will execute a separate agreement. Upon your request, the Products purchased during the Program will be included into the minimum order required under the agreement with an authorised partner.
7. Terms And Conditions Of Supply Of Goods And Services (except for Clauses 1 – 3, 6.1, 6.6, 6.11 and 7), the current version of which is available at https://hypervsn.com/product-terms shall apply to this Agreement.
C. Waiver of Liability
You acknowledge that, if improperly used, the Products may be dangerous, and that you must receive the up-to-date installation and operation manuals from Kino-mo to ensure the safe operation of the Products. In no event during the Program Kino-mo shall be liable for any direct, indirect, punitive, incidental, special or consequential damages, to property or life, or any liability associated with activities that can result in a physical injury whatsoever arising out of or connected with this Agreement, Program or misuse of the Products.