COMPANY > POLICIES

Policies
TERMS OF SALE [Return to Top]

1. Prices
a) Prices are valid for the period quoted by Belmar & Associates or for the applicable purchase agreement ordering period, whichever expires first. Prices for an order remain valid for thirty (30) days from the original order date unless otherwise quoted by Belmar & Associates. Annual support prices can be changed by Belmar & Associates at any time without written notice.
b) Prices are exclusive of applicable sales, use, consumption, goods and service, value added or similar taxes. Customer is responsible for sales tax remittance where applicable.
c) Prices include first year of Internet/telephone support and are subject to change without notice.
d) All orders are subject to acceptance by Belmar & Associates. Orders include delivery within ninety (90) days from order date, unless otherwise agreed or quoted by Belmar & Associates at the time of sale.
e) Customer can specify the shipping method to addresses within the country where the order is placed, and extra charges may apply where applicable. Customer may cancel orders for licenses (except Custom services) prior to shipment at no charge.
f) Delivery: Upon receipt of a signed copy of a Customer order and receipt of the applicable down payment, a Customer installation package will be prepared and shipped. Where applicable licenses will be downloaded and installed via the Internet.

2. Shipment, Risk of Loss or Damage, and Title
a) Belmar & Associates will ship according to its standard commercial practice. Shipping and handling charges will be listed separately on Belmar & Associates invoice when not included in the Product’s purchase price. Loss or damage in transit is the responsibility of Belmar & Associates.
b) Title shall remain with the Customer on the following terms. The license for Mortware 2000 users shall remain the property of Belmar & Associates until all payments are received in full. The license fee for Mortware Professional users must also be paid in full and an annual renewal fee must also be paid for customers to retain the right to use the license on an ongoing basis. Payment for any of the above is non-refundable unless otherwise agreed to in writing by Belmar & Associates at the time of sale.

3. Installation and Acceptance
a) License installation information is made available with all quotations or requests. Installation of a license by Belmar & Associates is included in the purchase price and is complete when the installed software passes Belmar & Associates standard installation and test procedures and the customer accepts the license by commencing its use.

4. Payment & Performance of Services
a) Payment terms are subject to Belmar & Associates credit approval. Partial or full payment is due prior to shipment of a license. Invoices for technical support services will be issued in advance of the support period. Belmar & Associates may change credit or payment terms at any time when, in Belmar & Associates opinion, Customer's financial condition, previous payment record, or the nature of Customer's relationship with Belmar & Associates so warrants.
b) Belmar & Associates may discontinue performance of service if Customer fails to pay any sum due, or fails to abide by the terms of this agreement.

5. Warranty
a) The warranty period begins on the date of Delivery.
b) Belmar & Associates warrants that Software will not fail to execute its programming instructions due to defects in materials and workmanship when properly installed on the minimum required computer hardware.
c) Belmar & Associates does not warrant that the operation of a license will be uninterrupted or error free. d) The warranties provided herein will apply only to those Licenses and Technical Support Services which are branded by Belmar & Associates, Inc. Belmar & Associates does not warrant any third party Licenses or Technical Support Services even if included with other Belmar & Associates Branded Licenses or Technical Support Services. e) Upon activation or installation of Licenses and within the 30 day guarantee period, Customer is entitled to receive an 80% refund of the purchase price in exchange for return. After the 30 day guarantee period has expired and regardless of if Licenses have been activated or installed, Customer is not entitled to any refund of monetary value. The above warranties do not apply to defects resulting from:
  • Improper or inadequate maintenance by Customer
  • Customer or third party supplied software, interfacing or supplies
  • Unauthorized modification
  • Improper use or operation outside of the Specifications for the License
  • Abuse, negligence, accident, loss or damage in transit
  • Improper site preparation
  • Unauthorized maintenance or repair

  • f) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, BELMAR & ASSOCIATES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

    6. Support
    a) Orders for Support are subject to the terms of the Support quotation in effect on the date of order.
    b) To be eligible for Support, Licenses must be at current specified revision levels and, in Belmar & Associates reasonable opinion, in good operating condition.
    c) Belmar & Associates may, at no additional charge, modify Licenses to improve operation, supportability and reliability, or to meet legal requirements.
    d) Relocation of Licenses is Customer's responsibility. Relocation may result in additional Support charges and modified service response times.
    e) Support does not cover any damage or failure caused by:
  • Use of non-Belmar & Associates media, supplies and other licenses
  • Neglect, improper use, fire or water damage, electrical disturbances, transportation by Customer, work or modification by people other than Belmar & Associates employees and its subcontractors, or other causes beyond Belmar & Associates control
  • Inability of any non-Belmar & Associates licenses in Customer's environment to correctly process, provide or receive data
  • Belmar & Associates may cancel Support orders or delete Licenses no longer included in Belmar & Associates Support offering at any time without notice.

  • WEB SITE TERMS OF USE [Return to Top]

    1. Agreement
    You agree to these Terms by using this Site. Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Belmar & Associates and Mortware, hereafter referred to as Belmar & Associates, are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

    2. Ownership of Content
    The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Belmar & Associates. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Belmar & Associates. Your use of any Content (except as provided in these Terms of Use) without the written permission of the Content owner is strictly prohibited. You are also advised that Belmar & Associates will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

    3. Your Use of the Site
    Belmar & Associates grants you permission to use the Site as follows:
    a) You may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content
    b) You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Belmar & Associates written permission
    c) You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law – Belmar & Associates will fully cooperate with any law enforcement authorities or any court order requesting or directing Belmar & Associates to disclose the identity of anyone posting or transmitting any such information or materials.

    4. Privacy
    Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Belmar & Associates in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

    5. Exclusion of Liability
    YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BELMAR & ASSOCIATES (TRADEMARK - MORTWARE), NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

    6. Links to Third Party Sites
    The Site may contain links to sites owned or operated by parties other than Belmar & Associates. Such links are provided for your convenience only. Belmar & Associates does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Belmar & Associates does not endorse the content, or any licenses or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of Belmar & Associates.

    7. Revisions of the Terms
    Belmar & Associates may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

    PRIVACY POLICY [Return to Top]

    1. General
    Belmar & Associates respect the privacy of every individual who visits our web site. This Privacy Policy outlines the information Belmar & Associates may collect and how we may use that information.

    2. Personal Data
    Belmar & Associates will not collect any personal information about you (e.g., your name, address, telephone number or email address through our web site unless you have provided it to us voluntarily. If you do not want your personal data collected, please do not submit it to us.

    When you do provide us with personal data, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve our licenses and services. We do not intend to sell, rent or market personal data about you to third parties.

    3. Additional Information Collected Automatically
    In some cases, we may automatically (i.e., not via registration) collect technical information when you connect to our site that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using and the domain name of the web site from which you linked to our site.

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