Terms of Service
In this Terms of Service Agreement FNI, INC may also be referred to as “FNI,” “us,” “we,” and “Future Networking.” The term “Client” is used to describe any individual, business, or other organization that purchases goods or services from FNI or interacts with FNI with the intent or possible consideration of using any services provided by FNI or making a purchase of any kind from FNI. “Third Party” is used to describe any person, organization or entity not included in the purchase or delivery of goods and/or services or that is unaffiliated with Client or FNI at the time of purchase or delivery of goods and/or services. This Agreement applies to any Client quote, order, purchase, receipt, delivery or use of any products or services from FNI. Requesting a quote placing an order and/or receipt of any order, products, or services from FNI by Client is acceptance of this Agreement in full by Client. Signed project, product, service, partnership and other agreements are bound by the terms of those agreements AND THE TERMS ON THIS PAGE. When another signed agreement with Client exists, the terms and explanations on this page will be equally binding unless otherwise defined within the signed agreement – and the terms and explanations included on this page shall be used to clarify and support all other agreements between Client and FNI, INC. All warranties begin on the date of delivery or original invoice (whichever occurs first) and are based on actual calendar days. Warranties are issued to the person or entity named on the original invoice and Warranties are non-transferable.
All prices quoted by FNI verbally or via printed advertising do not include shipping and handling costs or applicable sales tax unless stated otherwise in writing. Due to the volatility of pricing from our suppliers, any prices quoted are guaranteed only for the day on which they are quoted unless stated otherwise in writing by FNI. Unless prior arrangements are made, charges for goods or services are due in full upon delivery of the goods or completion of services if no products were delivered. All special ordered items are to be paid for in advance. Special ordered items are NOT RETURNABLE and are NOT REFUNDABLE.
All purchases remain the property of FNI, INC until full payment is received.
No passwords may be changed, no access denied or otherwise hindered, no products may be moved, altered or removed from the installation location without permission in writing from FNI. CLIENT AGREES TO PROVIDE UNLIMITED AND UNRESTRICTED PERMISSION AND ACCESS TO CLIENT’S SITES AND SYSTEMS TO FNI FOR THE PURPOSE OF DISABLING, REPOSSESSING OR OTHERWISE CONFISCATING ANY AND ALL HARDWARE OR SOFTWARE THAT IS NOT PAID IN FULL WITHIN 90 DAYS OF DELIVERY OR THAT IS PART OF ANY DISPUTED INVOICE OR PAYMENT. CLIENT UNDERSTANDS THAT CLIENT IS STILL RESPONSIBLE TO PAY IN FULL FOR ALL GOODS AND SERVICES EVEN IF THOSE GOODS AND SERVICES HAVE BEEN SUBJECT TO DISABLING, REPOSSESSION, OR CONFISCATION AND CLIENT IS SOLELY LIABLE FOR ANY LABOR, FEES, OR OTHER EXPENSES INVOLVED IN FNI RETURNING HARDWARE OR SOFTWARE TO CLIENT. CLIENT AGREES WITHOUT LIMITATION THAT THESE TERMS OF SERVICE ARE FAIR AND REASONABLE, AND CLIENT WILL HONOR THEM SO FNI CAN PROVIDE GOODS AND SERVICES TO CLIENT IN GOOD FAITH. CLIENT FURTHER AGREES THAT ANY FAILURE TO HONOR THESE TERMS OF SERVICE INCLUDING THE OBLIGATIONS AND STATEMENTS CONTAINED WITHIN IT REGARDING PAYMENT/TERMS WOULD CAUSE FNI UNREASONABLE FINANCIAL HARM AND HARDSHIP – FOR THIS REASON, CLIENT ACCEPTS FULL LEGAL AND FINANCIAL RESPONSIBILITY TO COMPENSATE FNI FOR ANY AND ALL LABOR AND EXPENSES FNI USES TO, OR IN ANY AND ALL ATTEMPTS TO: COLLECT, CONFISCATE, REPOSSESS, OR DISABLE ANY AND ALL HARDWARE OR SOFTWARE THAT CLIENT HAS PREVENTED OR HINDERED FNI FROM DISABLING AS CLIENT UNDERSTANDS THAT ANY ACTIONS TO PREVENT OR HINDER FNI CONSTITUTE AN UNREASONABLE AND INTENTIONAL VIOLATION OF THESE TERMS OF SERVICE BY CLIENT. FNI is NOT responsible or liable for any activity, use, misuse, crime or event that occurs on, with, or around these Services and/or Products by Client or any Third Party before or after full payment is received. Non-special order items may be returned within (15) fifteen days of purchase for their full purchase value less a 25% restocking fee as long as they remain in “new” condition and are returned complete with all packaging, peripherals, documents and parts. Incomplete returns will not be accepted.
Service labor is charged on an hourly basis at the quoted labor rate and will be billed accordingly. Work performed after business hours or on weekends is charged at 1.5 times the base rate and holiday hours are charged at 2 times the base rate. After hours, weekend, and holiday charges are a minimum of two hours. Onsite work is billed door to door. Telephone tech-support will be billed at an hourly rate and billed in quarter hour increments. The base labor rate is typically increased 5-9% on the first of the year.
Insufficient Funds & Failure to Pay
TIME IS OF THE ESSENCE – All work performed by FNI for client must be paid promptly so FNI can maintain the products and services provided to Clients. Payment delays place an unreasonable burden and cause harm to FNI. Failure to pay invoices within fifteen (15) days of the invoice due date will be considered a MATERIAL BREACH of Agreements between FNI and Client by Client.
Any payment not honored by Client’s financial institution(s), i.e., insufficient funds, will incur a $25.00 fee plus bank charges. Satisfaction of deficient payments must be made within (3) three business days of notice of occurrence. Payment for such deficiency is required to be in the form of cash (U.S. currency), a U.S. postal money order or certified bank check drawn on a U.S. bank made payable to FNI, INC – credit cards are not an acceptable form of payment for such a deficiency. Any amount not paid when due will incur interest at the rate of 1.5% per month, (18% per annum), as allowed by law. Late fees and policies for actions taken on outstanding balances are also detailed on invoices. Terms and conditions may change for clients based on Client payment history or lack thereof. Failure to abide by these terms will be pursued to the fullest extent of the laws of the State of Oregon, Washington County, and applicable USA Federal Laws.
Physical Safety of FNI Staff at Client Locations
Client agrees to notify FNI in writing of any hazards that may be present at Client location(s). Client agrees to present FNI with location training materials that point out these hazards and Client protocols for fire and emergency response, including maps or locations of maps depicting emergency exits. Client agrees that FNI staff must never be placed or tasked to perform work in any environment that requires special safety gear without providing FNI staff with the required gear and specific training to use that gear correctly. Client agrees that FNI staff must never be placed or tasked to perform work in an area of: high voltage; flammable fluids, solids or gasses; poisons; biohazards; toxic fumes; smoke; open flames; unsafe footing; heights greater than (6) six feet from the ground; dangerous wildlife; dangerous pets or service animals; nests or hives of stinging or biting insects; felons convicted of violent crimes; crushing hazards; cutting hazards; death or dismemberment hazards; social intolerance of any status covered by EOE and workplace laws that may create a hostile work environment; inappropriate or harassing behaviors by Client, Client’s staff, or other Third Party hired or contracted by Client. CLIENT ASSUMES AND ACCEPTS FULL UNLIMITED LEGAL AND FINANCIAL RESPONSIBILITY, LIABILITY, AND CULPABILITY FOR ANY AND ALL HAZARDS AT CLIENT LOCATION AND ANY INJURY, DISTRESS, OR OTHER HARM THAT COMES TO FNI STAFF WHILE THEY ARE AT CLIENT LOCATION.
Non-Solicitation of FNI staff by Client
Client agrees not to directly, via an outside party, or indirectly: solicit, recruit, hire, employ, contract or in any way utilize without going directly through FNI: any current employee(s) of FNI or former employee(s) that was/were employed at FNI while Client considers/considered using or purchasing services and/or products from FNI and/or while Client is/was actively using services and/or products from FNI, with or without any signed agreement or agreements or contract or contracts in place and for a period of time no less than Two Full Calendar Years (no less than 730 days) after ceasing all Client activity with FNI. If Client solicits, recruits, hires, employs, contracts or in any way utilizes any current or former employee(s) that was/were employed at FNI while Client considers/considered using or purchasing services and/or products from FNI and/or while Client is/was actively using services and/or products from FNI with or without any signed agreement or agreements or contract or contracts in place and for a period of time no less than Two Full Calendar Years (no less than 730 days) after ceasing all Client activity with FNI. without going directly through FNI Client agrees to compensate FNI for the reasonable damages and losses concerning employee(s) involved. CLIENT FURTHER AGREES THAT THIS AMOUNT WILL BE EQUAL TO THE GREATER OF TWO TIMES (2X) EMPLOYEE’S ANNUAL GROSS PAY OR THE GROSS REVENUE GENERATED FOR TWO YEARS (730 DAYS) THROUGH TOTAL BILLABLE HOURS PRODUCED BY EMPLOYEE. IF EMPLOYEE’S DURATION OF EMPLOYMENT WITH FNI, INC IS LESS THAN TWO YEARS (730 DAYS) THE GROSS REVENUE WILL BE CALCULATED BY AVERAGING BILLABLE HOURS OVER THE DURATION OF EMPLOYEE’S EMPLOYMENT AT FNI AT THE CURRENT STANDARD BILLABLE RATE FOR FNI, INC LABOR SERVICES EMPLOYEE PROVIDED.
Labor & Technical Support
Service labor is charged on an hourly basis at the quoted labor rate and will be billed accordingly. Work performed after business hours or on weekends is charged at 1.5 times the base rate and holiday hours are charged at 2 times the base rate. After hours, weekend, and holiday charges are a minimum of two hours. Onsite work is billed door to door and is calculated as travel time from our office to your location and back with normal traffic. Telephone tech-support will be billed at an hourly rate and billed in quarter hour increments. The base labor rate is typically increased 5-9% on the first of the year.
We will attempt to provide the service, solutions, and support specified on the work order(s) we receive. Any technical support, labor, repairs, parts or services provided by FNI are the sole responsibility of Client to pay. Labor, services or technical support performed by FNI is covered by our (30) thirty day guarantee against recurrence of the same issue through failure of our workmanship only. If the same issue should occur within (30) thirty days of when our work was performed because we failed to rectify it through our work performed or not performed there will be no additional labor charged to correct the issue. Any hardware, software or other parts used are covered solely by their respective manufacturers.
Manufacturers often supply warranties for their products. These warranties are provided by the individual manufacturer and are documented in the literature supplied that may accompany new systems and peripherals. Administration of a manufacturer’s warranty is handled by Client through each individual manufacturer and not through FNI.
Warranty & Support Policies
The following limited warranty protection covers failures due to defect in materials and workmanship supplied and installed by FNI. Warranty does not cover failures due to misuse, abuse, accidents, viruses, unauthorized parts or service, user error, vandalism, fire, electrical damage (surges or sags), flood, storm, earthquake, or any other acts of God or for failures that result from the use of products, services, or software that is not installed by FNI. Failure to adhere to all aspects of this agreement may result in loss of coverage under limited warranty.
New Products & Used Products
New Products are covered solely by the manufacturer’s warranty; FNI does not imply or offer additional coverage or support of any kind. Any failures not due to defect in materials and workmanship or other events not covered by the manufacturer’s warranty will be billed at our normal labor rates in effect at the time of service if we are enlisted by Client to do work or repairs. Any used product purchased from FNI is sold “AS IS” and is not covered by any warranty expressed or implied of any kind unless provided in writing by FNI before the time of purchase. Sales of all used or refurbished products are final. They are non-returnable, non-refundable and cannot be exchanged unless stated otherwise in writing by FNI before time of purchase.
FNI does not currently perform Authorized Service Provider Warranty repairs for any manufacturer. A manufacturer or third party may send parts, software, or labor authorization for FNI to perform a repair covered by a manufacturer or third party after Client authorization to do so. Any such repairs not paid by manufacturer or third party are the responsibility of the Client to pay. Any hardware, software or other parts used in the repair process are covered solely by their respective manufacturers. Client understands that having FNI perform repairs or service on equipment under an active warranty coverage may result in termination of that warranty coverage. Client agrees to hold FNI blameless in the event warranty coverage is lost.
Non-Warranty repairs will be performed at our location by our technical service department. On-site Non-Warranty repairs may be performed by our technicians upon Client request when possible and billed at our normal on-site rate and may incur call out charge(s). Any Non-Warranty repairs, parts or services provided by FNI are the sole responsibility of Client to pay. Non-Warranty repairs performed by FNI are covered by our (30) thirty day guarantee against recurrence of the same issue through failure of our workmanship only. If the same issue should occur within (30) thirty days of when our work was performed because we failed to rectify it through our work performed or not performed there will be no additional labor charged to correct the issue. Any hardware, software or other parts used in the repair process are covered solely by their respective manufacturers.
Store Credit, Return, Repair, & Replacement Policy
FNI prides itself on providing only the highest quality products. If a new product is defective, please contact us immediately to receive an RMA. FNI reserves the right to determine if a product will be repaired or replaced and is not responsible for repairing or replacing any item damaged by the Client. Returns will not be accepted after (30) THIRTY days of original invoice date or delivery of goods whichever occurs first.
FNI does not offer refunds on Special Orders. Special Order items are any and all items that are not normally stocked by FNI and these Special Order items cannot be returned. Any exception to this policy will be at the sole discretion of FNI and will be subject to a 25% restocking fee. Manufacturers may allow defects to be handled directly through them. Client must follow Manufacturers return policies if this becomes necessary. Any shipping errors must be reported immediately upon receipt and returned to FNI within (7) SEVEN days in unopened, resalable condition and must meet all other Manufacturer return criteria.
After (30) THIRTY DAYS, all Authorized Returns will be for Repair or Replacement only and must meet all of the above Policy and the following: Must include all original shipping packaging, warranty misc., manuals, paperwork, software and accessories. When returned by mail, in addition to all other previously defined terms, it must be packaged according to Manufacturer specifications. It must be sent to FNI freight pre-paid and properly insured. FNI IS NOT RESPONSIBLE FOR ANY PRODUCTS LOST OR DAMAGED IN SHIPMENT TO OR FROM FNI.
The return will be rejected if the return is incomplete, the original packaging is damaged, the product is damaged from use or misuse or for any reason the return is not in a resalable condition. Failure to adhere to this return procedure may result in RMA refusal and rejected merchandise will be returned at Client expense.
FNI does not guarantee software, system, accessory or peripheral compatibility unless recommended, installed and configured by FNI. We guarantee that any repairs, upgrades or software we recommend, install, and configure will function properly upon work completion. It is the Client’s responsibility to inform FNI of any accessories, software, or peripherals that Client needs to use or may want to use with a system that is being purchased, repaired, replaced, optimized (tuned up) or upgraded. Failure to follow or adhere to the recommendations, usage guidelines, or instructions of FNI will void any liability of FNI for compatibility issues. CLIENT AGREES THAT THE MAXIMUM LIABILITY FNI SHALL BE RESPONSIBLE FOR UNDER ANY AND ALL CIRCUMSTANCES IS THE REFUND OF LABOR PERFORMED BY FNI FOR THE SPECIFIC ISSUE DECLARED BY CLIENT CONCERNING A PRODUCT OR SERVICE PROVIDED BY FNI. CLIENT AGREES TO HOLD FNI BLAMELESS FOR ANY DIRECT OR INDIRECT LOSSES CLIENT MAY ENCOUNTER BEFORE, DURING, OR AFTER FNI PROVIDES PRODUCTS OR SERVICES TO CLIENT EVEN IF SUCH LOSSES SHOULD HAVE BEEN REASONABLY ANTICIPATED.
Validity & Enforceability
Any item, statement, assertion, or part of this agreement that is found to be unenforceable by law shall be interpreted to be enforceable to the fullest extent allowed by law and shall NOT in any way invalidate any other portion of the remaining agreement this is enforceable by law.
In the event that any provision of this Agreement shall be held to be invalid, illegal or unenforceable, this Agreement shall not be deemed void or voidable, but such provision shall be severed and the Agreement will be reformed as nearly as possible to be in accord with the parties’ original intentions without the severed provision.
No waiver by a party of any default in or breach of any provision of this Agreement by the other party shall constitute a waiver of prior, concurrent or subsequent defaults in or breaches of the same of any other provisions hereof, and no waiver by any party shall be effective unless in writing and signed by an authorized representative of the waiving party.
Acceptable Use Policy
Client agrees and states that Client will not use any FNI Products or Services in a way that will or may violate Local, State, Federal, or International Laws. Client further agrees and states that Client will not use any FNI Products or Services to engage in, promote, or facilitate: acts of violence; threats of harm; “Cyber Bullying”; stalking; intimidation; espionage; copyright infringement; piracy; theft of goods or services; acts of terrorism; acts of violence; bias crimes; hate crimes; blackmail; extortion; racketeering; bribery; fraud; hacking; hacktivism; attempts to reverse engineer hardware or software; obfuscation of Client identity; in a way that is likely to be perceived as insulting, profane, an affront, or offensive by a viewer, listener, reader, or target of Client’s activities or to a particular individual or group of like individuals whether or not offense or insult was intended; or attempts to hide activities listed including potential violations of the FNI, INC Acceptable Use Policy. CLIENT ACCEPTS FULL LIABILITY FOR ALL ACTIONS, USE, NON-USE, ACTIONS, IN-ACTIONS, AND ACTIVITIES RELATING TO THE ACCEPTABLE USAGE OF FNI PRODUCTS AND SERVICES. CLIENT AGREES TO INDEMNIFY AND HOLD BLAMELESS FNI IN THE EVENT OF A VIOLATION OF THIS ACCEPTABLE USE POLICY. CLIENT AGREES TO DEFEND FNI TO THE FULLEST EXTENT INCLUDING LEGAL FEES, FINES, AND ALL COSTS RELATED TO CLIENT’S VIOLATION OF THIS ACCEPTABLE USE POLICY. CLIENT UNDERSTANDS AND ACCEPTS THAT ANY VIOLATION OF THE ACCEPTABLE USE POLICY WILL REPRESENT A MATERIAL BREACH OF ANY AND ALL AGREEMENTS WITH FNI, INC AND MAY RESULT IN TERMINATION OR SUSPENSION OF SERVICES AND SEIZURE OF GOODS OR PRODUCTS. CLIENT UNDERSTANDS THAT AS THE BREACHING PARTY CLIENT’S RESPONSIBILITY TO PAY FOR GOODS AND SERVICES WILL REMAIN AND CLIENT AGREES TO PAY FOR SUCH GOODS AND SERVICES INCLUDING ANY AGREEMENTS WITH MONTH TO MONTH OR ANNUAL OBLIGATIONS FOR THE REMAINING DURATION OF THE AGREEMENT.
Localization and Translation Restrictions
FNI ONLY PROVIDES PRODUCTS AND SERVICES IN THE ENGLISH LANGUAGE AND FOR THE 50 STATES MAKING UP UNITED STATES OF AMERICA. Client agrees that FNI is not responsible to provide products and/or services or translations in areas not listed or for languages not listed and will not provide products and/or services or translations in areas not listed or for languages not listed. Client is responsible for obtaining translations into languages not supported by FNI and is solely responsible for any confusion, omissions, additions, or other errors created by the translation(s). Client agrees and understands that use of FNI products and/or services in areas not supported by FNI may be considered a material breach of this agreement. If Client uses products and/or services in areas not listed here Client acknowledges that such use of products and/or services or functionality that was localized and/or translated into a supported or unsupported language and/or for a supported or unsupported region it may impact the functionality, performance, and/or legality of the products and/or services. Laws and/or regulations vary by area and differences in laws and/or regulations may impact the use, legality, and/or desired functionality in areas for which it was not created. FNI makes no claim, representation, guarantee, warranty (express or otherwise implied) concerning the performance or functionality of any localized and/or translated products and/or services used outside of the areas supported by FNI. Client also agrees to fully indemnify, hold blameless and defend FNI to the fullest extent listed within this TOS agreement page for any legal actions, violations of law and/or regulation, copyright infringement, patent infringement, equipment failures, product or service disruptions or failures, or other results created by the use of products and/or services in areas not supported by FNI.
Negotiations and Good-Faith Resolution: Client agrees that any and all invoice disputes must be brought to the attention to FNI within (30) thirty days from the date the invoice was issued by FNI to Client. If Client does not notify FNI of a dispute within (30) thirty days from the date the invoice was issued by FNI to Client, Client waives the right to dispute charges for Services or Products, either directly, as a defense in any action, as a recoupment, or in any efforts to collect amounts due FNI. Client agrees that any invoice issued by FNI to Client is to be considered by all parties as undisputed, fully acceptable and due in full without delay if no dispute is raised within (30) thirty days from the date issued by FNI to Client.
Client agrees to use reasonable Good-Faith efforts to settle any dispute arising between and/or governed by the provisions of This Agreement by amicable means and to use any other means only as a last resort. Client agrees to notify FNI of a dispute or concern in writing, citing all pertinent provisions of the agreement and provide reasonable detail(s) of the factual basis of and for the dispute. Upon notification of the dispute both parties agree to meet promptly in person, or by telephone, to attempt to resolve the dispute. If an amicable resolution cannot be found that satisfies the Dispute of the Client then Client Agrees to pursue Arbitration in lieu of any other legal action. Arbitration: Any dispute(s) arising from this Agreement shall be settled by Arbitration in accordance to the rules of the American Arbitration Association then in force. CLIENT AGREES THAT THE MAXIMUM LIABILITY FNI SHALL BE RESPONSIBLE FOR UNDER ANY AND ALL CIRCUMSTANCES IS THE REFUND OF LABOR OR SERVICE PERFORMED BY FNI FOR THE SPECIFIC ISSUE DECLARED BY CLIENT CONCERNING A PRODUCT OR SERVICE PROVIDED BY FNI. CLIENT AGREES TO HOLD FNI BLAMELESS FOR ANY DIRECT OR INDIRECT LOSSES CLIENT MAY ENCOUNTER BEFORE, DURING, OR AFTER FNI PROVIDES PRODUCTS OR SERVICES TO CLIENT EVEN IF SUCH LOSSES SHOULD HAVE BEEN REASONABLY ANTICIPATED. CLIENT AGREES THAT THE ENTIRE AND AGGREGATE MAXIMUM AMOUNT TOTAL SHALL NOT EXCEED THE LESSER OF: a) (500) FIVE HUNDRED US DOLLARS; OR b) THE AMOUNT IN DISPUTE FOR BILLED LABOR OR SERVICE PROVIDED BY FNI. CLIENT UNDERSTANDS AND AGREES NOT TO POST AND/OR PUBLISH COMPLAINTS AND/OR NEGATIVE REVIEWS AND/OR REGISTER COMPLAINTS WITH ORGANIZATIONS AND/OR AFFILIATIONS WITHOUT FIRST ALLOWING FNI, INC A CHANCE TO ADDRESS THE CONCERN AND/OR RESOLVE THE DISPUTE OR COMPLAINT AMICABLY BECAUSE SUCH ACTIONS BY CLIENT WILL HARM FNI. CLIENT FURTHERMORE UNDERSTANDS AND AGREES THAT FAILURE TO FOLLOW DISPUTE RESOLUTION WITH FNI PRIOR TO TAKING SUCH NEGATIVE ACTIONS WILL MAKE CLIENT RESPONSIBLE AND LIABLE FOR ANY AND ALL REAL AND POTENTIAL HARM CAUSED TO FNI. CLIENT AGREES TO COMPENSATE FNI FOR SUCH REAL AND POTENTIAL HARM IN THE GREATER OF a) (500) FIVE HUNDRED US DOLLARS PER WORD USED BY CLIENT IN THE OFFENDING STATEMENT AND/OR STATEMENTS; or b) AN AMOUNT EQUAL TO (2) TWO YEARS OF BILLING FOR ANY CLIENT FNI CAN PROVE DISCONTINUED BUSINESS WITH FNI BECAUSE OF THE OFFENDING STATEMENT AND/OR STATEMENTS; c) THE AMOUNT QUOTED TO A NEW OR POTENTIAL CLIENT FOR ANY AND ALL PRODUCTS AND SERVICES FNI CAN PROVE WAS NOT ACCEPTED BECAUSE OF THE OFFENDING STATEMENT AND/OR STATEMENTS; d) AN AMOUNT AWARDED IN A COURT OF LAW OR AWARDED THROUGH ARBITRATION.
FNI shall NOT be held responsible for any delay or failure in performance when such delay or failure is caused by acts of God, natural disasters, acts of terrorism, wars, weather, labor disputes, riots, inability to secure raw materials or transportation, acts or omissions of carriers or suppliers, fines, embargoes, government requirements, or any other cause beyond its control whether or not similar to the foregoing. FNI shall not be held responsible for any foregoing cause or any other cause beyond its control whether or not similar to the foregoing even if it was reasonable to anticipate or expect such cause to create a delay or failure to perform.
Information Security, Privacy, and Red Flag Policy
At FNI we take protecting our customers Non-Public Information seriously. We have policies and measures in place to prevent disclosures and report circumstances that could potentially put client information at risk. All employees at FNI undergo criminal background checks. All employees at FNI have signed documents stating that they understand and accept FNI policies protecting Non-Public Information and reporting any identified risk factors or potential breaches that could or may have exposed Non-Public Information. There are specific laws, rules and regulations for different kinds of sensitive information. FNI serves a diverse customer base that may be covered by one or more ordinances. Some entities may have data that they consider sensitive that may not fall under any of these existing ordinances. For this reason, FNI has created the single designation of “Non-Public Information”. This creates an environment where we apply the strictest information security protection policies to information that is not expressly indicated by a customer or authorized representative of customer as unprotected public information, published by our customers or their authorized representatives in a forum open to the public, or is already publically known prior to a customer choosing to use any or all services offered by FNI. In the event that there is some kind of breach or event that causes Non-Public Information to be released in a way that could or reasonably would expose it to the general public or another unauthorized individual or group, FNI has a notification protocol to inform affected customer(s).
Process for Notification of Non-Public Information Release
In the event there is, or reasonable suspicion there may have been, a release of Non-Public Information then FNI will use the following process to notify those affected by the event: For individual or single company Non-Public Information that is also not medical, not financial, and not protected by law or regulation then FNI will notify the impacted via one e-mail notification attempt. For all individual or single company Non-Public Information releases that do or may contain information protected by regulation or law, medical, financial, or trade secrets the notification process will be twofold: FNI will notify the impacted via one e-mail attempt and no less than three direct call attempts to the contact on file for the impacted company or individual. If there is no confirmation within 48 hours that these notification methods have been successful then FNI will follow up with a certified paper letter notification.
For any major release of Non-Public Information that impacts more than 10 companies or individuals FNI will notify the impacted via one e-mail attempt, no less than three direct call attempts to the contact on file for the impacted company or individuals, and a notice on the FNI website.
Communications, Notices, and Other Provisions
Notices shall be considered given under this Agreement when seven days have elapsed after Changes have been Posted to the Terms Of Services web page or when delivered in person or by overnight courier or by receipt confirmed e-mail when seven days have elapsed after receipt confirmation or when seven days have elapsed after deposit of the same by certified or similar mail, postage prepaid, correctly addressed to the other party, at the address shown on invoices sent to Client by FNI or provided to FNI by Client for this purpose or the Client may elect to use the Main Office Address for FNI when providing such notice to FNI or at any subsequent address of which the party to whom the notice is being sent has notified the sending party as provided herein.
FNI, INC reserves ALL Rights to assign or otherwise transfer all or any interest under this Terms Of Services Agreement to a third party without the prior written or verbal consent of Client. Client understands that they may not assign or otherwise transfer all or any interest under this Agreement to a third party without the prior written consent of FNI and that such a transfer and/or consent will only occur at the sole discretion of FNI. This Agreement shall be binding on the parties involved and their respective successors to the maximum extent allowed by law.
This Terms Of Services Agreement
This Agreement constitutes the complete agreement of the parties with respect to its subject matter. This Agreement supersedes and replaces all previous communications, representations or agreements, either oral or written, between the parties involved. Additional, differing or conflicting terms or provisions in any purchase order or other document issued in connection with this Agreement shall not apply unless separately agreed to in writing by the parties involved. <FNI reserves the right to update, alter, and make changes to this agreement as deemed necessary by FNI.>
This Agreement and all transactions hereunder shall be construed and interpreted in accordance with and governed by the internal laws of the State of Oregon, United States of America, without regard to that state’s conflict of laws principles. Jurisdiction and venue for any action or suit arising under this Agreement shall be exclusively with the appropriate state and federal courts located in Washington County, State of Oregon, United States of America. The United Nations Convention of the International Sale of Goods and the United Nations Convention on Statutory Limitations will not apply to This Agreement. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY PORTIONS FOUND TO BE UNENFORCEABLE IN A COURT OF LAW SHALL BE AMENDED BY THE MINIMUM CHANGE REQUIRED TO BECOME COMPLIANT AND ALL OTHER PROVISIONS WILL REMAIN INTACT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Client Statement & Acceptance Of Terms Of Service Agreement
Client, authorizes FNI, INC to perform labor and provide services or products agreed upon verbally and/or in writing and has verified the accuracy of the information contained within orders and/or service requests. Client, understands and agrees to all the terms and conditions of the FNI, INC Terms Of Service Agreement. Client understands and agrees that FNI is not responsible for any data loss that may occur while equipment is in their care. Client understands that equipment may be disposed of as FNI sees fit if it is not picked up within (90) ninety days after the date of service completion. Client understands that this disposal does NOT relieve Client of the obligation to pay for goods or services Client authorized FNI to provide, but that any amount of compensation FNI may obtain from the donation or sale of Client equipment shall be directly deducted from the balance owed. Client understands that Client is responsible for paying for all products and services that Client authorizes. Client understands that FNI reserves the right to put a lien on Client equipment, repossess or remotely disable products including both hardware and software, and take legal action until Client balance is paid in full if Client’s account should become (30) THIRTY DAYS or more delinquent in addition to the assessment of any and all stated late fees. CLIENT, UNDERSTANDS AND AGREES TO ALL THE TERMS AND CONDITIONS OF THE FNI, INC TERMS OF SERVICE AGREEMENT.
Last Updated: 06/11/2019