TERMS OF SALE
Please read carefully the following terms and conditions of sale (“Terms”) for Sound Concepts, Inc. You can print off these Terms, or store them in your computer, for future reference.
These are the terms on which we supply products to you, whether these are services or digital content, via our website[s] at http://mybuildersystem.com, http://soundconcepts.com and http://brightools.com. (the Site[s]).
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- you are an individual.
- you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
1. About us
- We are Sound Concepts, Inc. of, whose principal place of business is at 782 S. Auto Mall Drive Suite A, American Fork, UT 84003, United States.
- We are Sound Concepts, Inc. of, whose principal place of business is at 782 S. Auto Mall Drive Suite A, American Fork, UT 84003, United States.
2. Our Contract with You
- Our acceptance of your order will take place when you make payment for the system and then begin to use it, at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be, for example because of unexpected limits on our resources which we could not reasonably plan for.
3. Our Rights to Make Changes
Changes to the Product Description
- We are constantly updating product and service offerings. We may experience delays in updating information and in our advertising on other web sites. The information found may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information displayed on the Site[s].
- We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Minor changes to the products.
We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not significantly inhibit your use of the products.
- We may also update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
More significant changes to the products and these terms.
4. Providing the Products
- If the products are ongoing services or a subscription to receive digital content, we will supply the services or digital content to you until either the services are completed or the subscription expires or you or we end the contract.
- We may have to suspend the supply of a product:
- to deal with technical problems or make minor technical changes;
- to update the product to reflect changes in relevant laws and regulatory requirements; or
- if you are required to update the digital content, but have not done so.
5. Your Rights to End the Contract
- If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer.
- If you are a consumer then, you have a right to a refund within fourteen (14) days.
- Please note, these Terms reflect the guarantee offered by us to all customers including our UK consumer customers. This guarantee does not affect your legal rights in relation to faulty or misdescribed products.
- For all customers, you have the ability to request a full refund with in 30 days of initial purchase. You can request this refund if you have even tried it or used the system.
- Your right as a consumer to change your mind does not apply in respect of:
- digital content after you have started to download or stream these; or
- services once these have been completed, even if the cancellation period is still running.
- Services: You have fourteen days after the day we email you to confirm we accept your order to change your mind. However, once we have completed the services,you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for any services provided up until the time you tell us that you have changed your mind.
- Digital Content: You have fourteen days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming, to change your mind. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract by discontinuing use of the product.
6. How to End the Contract With Us
To end the contract with us, please let us know by doing one of the following:
- Call customer services on 1-801-225-9520 or email us at email@example.com or mail us at the address listed abovel. Please provide your name, details of the order and, where available, your phone number and email address.
- If you are entitled to a refund under these terms, we will refund you the price you paid for the product, by the method you used for payment. However, we may make deductions from the price, as described below.
- We may make deduction from refunds if you are a consumer exercising your right to change your mind where the product consists of services, for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, measured against the costs of those services, had they been delivered in full.
- We will make any refunds due to you as soon as possible and in any event, within fourteen days of your telling us you have changed your mind.
7. Our Rights to End the Contract
- We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within [seven] days of us reminding you that payment is due;
- request for service to be terminated and we will stop billing you at that time.
- If we end the contract in the situations set out in clause 7(a), we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may write to you to let you know that we are going to stop providing the product. We will let you know at least seven days (7) in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
8. If There is a Problem With the Product
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 1-801-225-9520 or write to us at firstname.lastname@example.org
or at 782 S Auto Mall Dr Suite A American Fork, UT 84003 USA.
9. Your Rights in Respect of Defective Products if you are a Consumer
- If you are a consumer in the EU, we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights, as set out below.
- If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you’re entitled to a repair or a replacement;
- if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; or
- if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- If your product is services, for example a support contract, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10. Your Rights in Respect of Defective Products if you are a Business
- If you are a business customer, we warrant that on delivery any products which are goods, they shall:
- conform with their description; and
- be free from material defects in design, material and workmanship for a period of 30 days (warranty period).
- you give us notice in writing during the warranty period that a product does not comply with (a) above; and
- we are given a reasonable opportunity of examining such product, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product’s failure to comply with the warranty in clause 10(a) if:
- you make any further use of such product after giving notice;
- the defect arises because you failed to follow our oral or written instructions as to use or maintenance of the product or (if there are none) good trade practice;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
- Except as provided in this clause, we shall have no liability to you in respect of a product’s failure to comply with the provisions of clause 10(a).
- These Terms shall apply to any repaired or replacement products supplied by us.
11. Price and Payment
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the website is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. We shall be under no obligation to fulfill an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these terms.
- We accept payment with thru the IOS, Google Play Store, Visa, American Express, Discover and Master Card. When you must pay depends on what product you are buying.
- If you wish to purchase any product or service (Purchase), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information.
- You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
- For digital content, you must pay for the products before you download them.
- For the provision of services by us, please see below.
- With your subscription you will have access to the latest videos, images, and PDFs that are added to the app.
- For iOS users, payments will be charged to your credit card through your iTunes account after confirmation of purchase. Your subscription will automatically renew unless cancelled at least 24-hours before the end of the current period. Once purchased through your iTunes account all subscription renewals and cancellations will be handled through iTunes. This can be managed in Settings > iTunes & App Store > Apple ID > View Apple ID > Subscriptions: Manage. Subscriptions cannot be cancelled for the current active period.
- For Google Play users, On your Android phone or tablet, open the Google Play Store, then make sure you are signed in to the correct Google Account > Tap Menu Subscriptions > Select the subscription you want to cancel > Tap Cancel subscription and then follow the instructions.
- Some parts of the services we offer are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
- At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or we cancel it. You may cancel your Subscription renewal either through your online account management page, by contacting Google's Play Store, Apple's iTunes or contacting our customer support team.
- A valid payment method, as detailed above, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, post code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
- Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. In the event of non-payment, we may revoke or suspend the subscription service.
- Subject to clause 12(f), we, in our sole discretion and at any time, may modify the Subscription fees for Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
- We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
- Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
13. Our Responsibility for Loss or Damage Suffered if You are a Consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do limit our liability to extent of fees paid in the last 30 days. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.
14. Our Responsibility for Loss or Damage Suffered if You are a Business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Subject to the above:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to fees paid in the last 30 days.
15. Personal Information
- We may transfer our rights and obligations under these terms to another organisation. We will endeavor to contact you to let you know if we plan to do this.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If any of these terms are held by a court of law or regulatory authority to be illegal or otherwise unenforceable by the laws of any state or country, then to the extent that any term(s) is (are) illegal or unenforceable, they shall be deleted from these terms and the remaining terms shall survive and remain in full force and effect.
- Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- If you are a consumer. These terms are governed by laws in the United States of American in the State of Utah. You can bring legal proceedings in respect of the products in the United States of America.
- If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of United States of America and shall have exclusive jurisdiction to settle any such dispute or claim.